705.005 - Effect of federal preemption. - Nevada Statutes

705.005  Effect of federal preemption.

      1.  The provisions of this chapter do not apply to an individual, company or corporation operating a railroad in this State to the extent that such a provision is:

      (a) Preempted, either expressly or by implication, by a federal law or an administrative regulation, rule, decision, opinion or order having the force of a federal law; or

      (b) Declared to be preempted by a court of competent jurisdiction interpreting a federal law or an administrative regulation, rule, decision, opinion or order having the force of a federal law.

      2.  If a provision of this chapter is preempted, the provision is suspended and must not be enforced against the individual, company or corporation operating the railroad only for the period during which the preemption is valid and effective.

      3.  This section is intended only to codify the rules of construction applicable to the federal doctrine of preemption and must not be interpreted in a manner that is inconsistent with those rules.

      (Added to NRS by 2005, 305)