A.B. 527 - *AB527* ASSEMBLY BILL NO. 527–COMMITTEE ON GROWTH AND INFRASTRUCTURE (ON BEHALF OF THE JOINT INTERIM STANDING COMMITTEE ON GROWTH AND INFRASTRUCTURE) MARCH 24, 2025 ____________ Referred to Committee on Growth and Infrastructure SUMMARY—Authorizes the installation and use of school bus infraction detection systems on school buses. (BDR 43-421) FISCAL NOTE: Effect on Local Government: No. Effect on the State: No. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to traffic laws; authorizing a school district to install and use a school bus infraction detection system on school buses to enforce certain provisions of law; requiring a peace officer of a traffic enforcement agency having jurisdiction over the location in which such school buses operate to review certain evidence detected by the school bus infraction detection system before a civil infraction citation is issued; establishing requirements relating to the issuance of a civil infraction citation based on evidence detected by a school bus infraction detection system; creating a rebuttable presumption that the driver of a vehicle at the time of a violation recorded by a school bus infraction detection system is the registered owner of the vehicle; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law prohibits a governmental entity or its agents from using 1 photographic, video or digital equipment to gather evidence in order to issue a 2 traffic citation or civil infraction citation unless the equipment is: (1) a portable 3 camera or event recording device worn or held by a peace officer; (2) installed 4 within a vehicle or facility of a law enforcement agency; or (3) privately owned by 5 a nongovernmental entity. (NRS 484A.600) Sections 2 and 3 of this bill create an 6 – 2 – - *AB527* exception to this prohibition, authorizing the board of trustees of a school district to 7 allow for the installation and use of a school bus infraction detection system in 8 school buses owned by the school district to enforce existing provisions of law 9 prohibiting a driver of any vehicle from overtaking or passing a school bus which: 10 (1) has stopped to receive or discharge any pupil; and (2) is displaying a flashing 11 red light signal visible from the front and rear. (NRS 484B.353) Section 2 requires 12 a peace officer of a traffic enforcement agency with jurisdiction over the location in 13 which any school bus equipped with such a system operates to review the evidence 14 of such a violation recorded by the system before a civil infraction citation is 15 issued. Section 2 further creates a rebuttable presumption that the driver of the 16 vehicle at the time of a violation detected by a school bus infraction detection 17 system is the registered owner of the vehicle and provides a method for rebutting 18 this presumption. Sections 1 and 2 of this bill provide that a violation detected by a 19 school bus infraction detection system is not a moving traffic violation. 20 Sections 1 and 4-6 of this bill make conforming changes to: (1) exclude traffic 21 violations detected by a school bus infraction detection system from the assessment 22 of demerit points; and (2) provide for the issuance of civil infraction citations for 23 violations detected by a school bus infraction detection system. 24 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 483.473 is hereby amended to read as follows: 1 483.473 1. As used in this section, “traffic violation” means 2 conviction of a moving traffic violation in any municipal court, 3 justice court or district court in this State or a finding by any 4 municipal court or justice court in this State that a person has 5 committed a civil infraction pursuant to NRS 484A.703 to 6 484A.705, inclusive. The term includes a finding by a juvenile court 7 that a child has violated a traffic law or ordinance other than one 8 governing standing or parking. The term does not include [a] : 9 (a) A conviction or a finding by a juvenile court of a violation of 10 the speed limit posted by a public authority under the circumstances 11 described in subsection 1 of NRS 484B.617 [.] ; or 12 (b) A citation issued for a violation detected by a school bus 13 infraction detection system pursuant to section 2 of this act. 14 2. The Department shall establish a uniform system of demerit 15 points for various traffic violations occurring within this State 16 affecting the driving privilege of any person who holds a driver’s 17 license issued by the Department and persons deemed to have future 18 driving privileges pursuant to NRS 483.447. The system must be 19 based on the accumulation of demerits during a period of 12 20 months. 21 3. The system must be uniform in its operation, and the 22 Department shall set up a schedule of demerits for each traffic 23 violation, depending upon the gravity of the violation, on a scale of 24 one demerit point for a minor violation of any traffic law to eight 25 – 3 – - *AB527* demerit points for an extremely serious violation of the law 1 governing traffic violations. If a conviction of two or more traffic 2 violations committed on a single occasion is obtained, points must 3 be assessed for one offense or civil infraction, and if the point values 4 differ, points must be assessed for the offense or civil infraction 5 having the greater point value. Details of the violation must be 6 submitted to the Department by the court where the conviction or 7 finding is obtained. The Department may provide for a graduated 8 system of demerits within each category of violations according to 9 the extent to which the traffic law was violated. 10 Sec. 2. Chapter 484A of NRS is hereby amended by adding 11 thereto a new section to read as follows: 12 1. A board of trustees of a school district may authorize the 13 installation and use of a school bus infraction detection system in 14 school buses owned by the school district to enforce the provisions 15 of NRS 484B.353. 16 2. The board of trustees of a school district that authorizes 17 the installation and use of a school bus infraction detection system 18 shall enter into an agreement with a traffic enforcement agency 19 with jurisdiction over the location in which any school bus 20 equipped with a school bus infraction detection system operates to 21 review the evidence of any alleged infraction of NRS 484B.353 22 recorded by the school bus infraction detection system. 23 3. If, after reviewing the evidence recorded by a school bus 24 infraction detection system, a peace officer of a traffic 25 enforcement agency determines that a violation of NRS 484B.353 26 occurred in a location over which the traffic enforcement agency 27 has jurisdiction, the peace officer shall cause a civil infraction 28 citation to be issued pursuant to NRS 484A.7033 for the violation 29 to be sent by the traffic enforcement agency by first class mail to 30 the address listed with the Department for the registered owner of 31 the vehicle identified by the school bus infraction detection system. 32 4. In addition to the information required by subsection 1 of 33 NRS 484A.7035, a civil infraction citation issued pursuant to NRS 34 484A.7033 for a violation described in subsection 3 must include: 35 (a) The date and time of the violation; 36 (b) An image taken by the school bus infraction detection 37 system showing the vehicle involved in the violation or the address 38 of the Internet website on which such an image may be viewed; 39 and 40 (c) A statement summarizing the provisions of subsection 5. 41 5. The registered owner of a vehicle is presumed to be the 42 driver of the vehicle at the time of a violation of NRS 484B.353 43 which was recorded by a school bus infraction detection system. 44 This presumption may be rebutted if the registered owner of the 45 – 4 – - *AB527* vehicle presents an affidavit as evidence at a hearing held 1 pursuant to subsection 3 of NRS 484A.704 stating: 2 (a) The name and address of the person having care, custody 3 and control of the vehicle at the time of the violation; or 4 (b) That the vehicle was, at the time of the violation, stolen. 5 6. An affidavit presented as evidence pursuant to paragraph 6 (b) of subsection 5 must contain evidence that supports the 7 affidavit, including, without limitation, a police report or an 8 insurance report. 9 7. The provisions of this section do not prohibit a peace 10 officer from issuing a traffic citation for a violation of any law of 11 this State for which evidence is recorded by a school bus 12 infraction detection system if the peace officer personally 13 witnesses a violation. A person who is issued a traffic citation by a 14 peace officer pursuant to this subsection must not be issued a civil 15 infraction citation based on evidence recorded by the school bus 16 infraction detection system for the same violation for which the 17 peace officer issued the person the traffic citation. 18 8. A violation of NRS 484B.353 for which a civil infraction 19 citation is issued pursuant to NRS 484A.7033 for a violation 20 described in subsection 3: 21 (a) Is not a moving traffic violation under NRS 483.473; and 22 (b) Is punishable by an administrative fine in an amount set by 23 the local authority, but not less than $50. 24 9. As used in this section, “school bus infraction detection 25 system” means a stationary electronic or digital system which 26 creates a photograph or other recorded image of a vehicle which is 27 used as evidence of a violation of NRS 484B.353 by the driver of 28 the vehicle. 29 Sec. 3. NRS 484A.600 is hereby amended to read as follows: 30 484A.600 [A] Except as otherwise provided in section 2 of 31 this act, a governmental entity and any agent thereof shall not use 32 photographic, video or digital equipment for gathering evidence to 33 be used for the issuance of a traffic citation or civil infraction 34 citation pursuant to NRS 484A.7035 for a violation of chapters 35 484A to 484E, inclusive, of NRS unless the equipment is a portable 36 camera or event recording device worn or held by a peace officer, 37 the equipment is otherwise installed temporarily or permanently 38 within a vehicle or facility of a law enforcement agency or the 39 equipment is privately owned by a nongovernmental entity. 40 Sec. 4. NRS 484A.640 is hereby amended to read as follows: 41 484A.640 1. Except for a citation issued pursuant to NRS 42 484A.700 [,] or section 2 of this act, whenever a police officer 43 makes an arrest or issues a citation to a person for any violation of 44 chapters 484A to 484E, inclusive, of NRS, the police officer shall 45 – 5 – - *AB527* record the name as given by that person, the number of the person’s 1 driver’s license and a brief description of the person’s physical 2 appearance. This information must be maintained in a record for 3 offenses kept at the traffic enforcement agency which employs that 4 officer. 5 2. Whenever a police officer stops a driver of a motor vehicle 6 for any violation of chapters 484A to 484E, inclusive, of NRS and 7 requests information from a traffic enforcement agency concerning 8 that person’s record of prior offenses, the police officer shall 9 compare not only the driver’s name but also the number of his or her 10 driver’s license and physical description with any information 11 obtained from the agency as a result of the request. If the 12 information received from the agency indicates that the driver’s 13 name is on an outstanding warrant for a prior offense, the officer 14 shall not arrest the driver for that prior offense unless the additional 15 information used for comparison also connects the driver with that 16 prior offense. 17 Sec. 5. NRS 484A.704 is hereby amended to read as follows: 18 484A.704 1. Any person who receives a civil infraction 19 citation pursuant to NRS 484A.7035 or 484A.7049 or section 2 of 20 this act shall respond to the citation as provided in this section not 21 later than 90 calendar days after the date on which the citation is 22 issued. 23 2. If a person receiving a civil infraction citation does not 24 contest the determination that the person has committed the civil 25 infraction set forth in the citation, the person must respond to the 26 citation by indicating that the person does not contest the 27 determination and submitting full payment of the monetary penalty, 28 the administrative assessment and any fees to the court specified in 29 the citation, or its traffic violations bureau, in person, by mail or 30 through the Internet or other electronic means. 31 3. If a person receiving a civil infraction citation wishes to 32 contest the determination that the person has committed the civil 33 infraction set forth in the citation, the person must respond by 34 requesting in person, by mail or through the Internet or other 35 electronic means a hearing for that purpose. The court shall notify 36 the person in writing of the time, place and date of the hearing, 37 but the date of the hearing must not be earlier than 9 calendar days 38 after the court provides notice of the hearing. 39 4. Except as otherwise provided in this subsection, not less 40 than 30 days before the deadline for a person to respond to a civil 41 infraction citation, the court must send to the address or electronic 42 mail address of the person, as indicated on the civil infraction 43 citation issued to the person, a reminder that the person must 44 respond to the civil infraction citation within 90 calendar days after 45 – 6 – - *AB527* the date on which the civil infraction citation is issued. If the person 1 agreed to receive communications relating to the civil infraction by 2 text message, the court may send such a notice to the telephone 3 number of the person as indicated on the civil infraction citation. If 4 the person does not respond to the civil infraction citation in the 5 manner specified by subsection 2 or 3 within 90 calendar days after 6 the date on which the civil infraction citation is issued, the court 7 must enter an order pursuant to NRS 484A.7043 finding that the 8 person committed the civil infraction and assessing the monetary 9 penalty and administrative assessments prescribed for the civil 10 infraction. A person who has been issued a civil infraction citation 11 and who fails to respond to the civil infraction citation as required 12 by this section may not appeal an order entered pursuant to this 13 section. 14 5. If any person issued a civil infraction citation fails to appear 15 at a hearing requested pursuant to subsection 3, the court must enter 16 an order pursuant to NRS 484A.7043 finding that the person 17 committed the civil infraction and assessing the monetary penalty 18 and administrative assessments prescribed for the civil infraction. A 19 person who has been issued a civil infraction citation and who fails 20 to appear at a hearing requested pursuant to subsection 3 may not 21 appeal an order entered pursuant to this subsection. 22 6. In addition to any other penalty imposed, any person who is 23 found by the court to have committed a civil infraction pursuant to 24 subsection 5 shall pay the witness fees, per diem allowances, travel 25 expenses and other reimbursement in accordance with NRS 50.225. 26 7. If a court has established a system pursuant to NRS 27 484A.615, any person issued a civil infraction citation may, if 28 authorized by the court, use the system to perform any applicable 29 actions pursuant to this section. 30 Sec. 6. NRS 484B.353 is hereby amended to read as follows: 31 484B.353 1. Except as otherwise provided in subsection 2, 32 the driver of any vehicle, when meeting or overtaking, from either 33 direction, any school bus, equipped with signs and signals required 34 by law, which has stopped to receive or discharge any pupil and is 35 displaying a flashing red light signal visible from the front and rear, 36 shall bring the vehicle to an immediate stop and shall not attempt to 37 overtake or proceed past the school bus until the flashing red signal 38 ceases operation. 39 2. The driver of a vehicle upon a divided highway need not 40 stop upon meeting or passing a school bus which is positioned in the 41 other roadway. The driver of a vehicle need not stop upon meeting 42 or passing a school bus where traffic is controlled by a traffic 43 officer. 44 – 7 – - *AB527* 3. [Any] Except as otherwise provided in subsection 4, any 1 person who violates any of the provisions of this section is guilty of 2 a misdemeanor and: 3 (a) For a third or any subsequent offense within 2 years after the 4 most recent offense, shall be punished by a fine of not more than 5 $1,000 and the driver’s license of the person must be suspended for 6 not more than 1 year. 7 (b) For a second offense within 1 year after the first offense, 8 shall be punished by a fine of not less than $250 nor more than $500 9 and the driver’s license of the person must be suspended for 6 10 months. 11 (c) For a first offense or any subsequent offense for which a 12 punishment is not provided for in paragraph (a) or (b), shall be 13 punished by a fine of not less than $250 nor more than $500. 14 4. A police officer may issue a civil infraction citation to any 15 person who violates any of the provisions of this section detected 16 by a school bus infraction detection system pursuant to section 2 17 of this act. 18 Sec. 7. This act becomes effective on July 1, 2025. 19 H