Nevada 2017 Regular Session Status: Enacted

AB 485 — Makes various changes relating to school vehicles. (BDR 43-36)

Last action — Approved by the Governor. Chapter 352.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 27, 2017. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

376 added · 400 removed

376 line(s) added, 400 removed.

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(Reprinted with amendments adopted on May 24, 2017) SECOND REPRINT A.B.
Assembly Bill No.
485 A SSEMBLY B ILL NO .
485–Committee on Transportation CHAPTER..........
485–COMMITTEE ON T RANSPORTATION M ARCH 27, 2017 ____________ Referred to Committee on Transportation SUMMARY—Makes various changes relating to school vehicles.
(BDR 43-36) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
laws regarding traffic laws and rules of the road.
Existing law provides a definition of a school bus for the purposes of certain laws regarding traffic laws and rules of the road.
(NRS 484A.230) Section 1 of this bill revises the definition of school bus to specify that such a vehicle must be “designed or used to carry more than 10 passengers in addition to the driver.” This definition more closely comports with the definition of a school bus in the Federal Motor Carrier Safety Regulations.
(NRS 484A.230) Section 1 of this bill revises the definition of school bus to specify that such a vehicle must be definition more closely comports with the definition of a school bus in the Federal Motor Carrier Safety Regulations.
§ 390.5) including required evacuation drills, adoption of a safety program, driverhool bus, qualifications and training, and standards for how a school bus used to transport pupils must be equipped.
§ 390.5) Existing law provides various restrictions on and requirements for a school bus, including required evacuation drills, adoption of a safety program, driver qualifications and training, and standards for how a school bus used to transport pupils must be equipped.
The revised definition of school bus in section 1 also applies to various other uses of the term throughout title 34 of NRS, regarding such topics as the use of the safe and respectful learning environment to include school buses, thextension of prohibition on bullying and cyber-bullying on school buses, the authorization procedures for a pupil to self-administer certain medications on a school bus and the provision for suspension or expulsion of a pupil for certain behaviors committed on a school bus.
The revised definition of school bus in section 1 also applies to various other uses of the term throughout title 34 of NRS, regarding such topics as the use of transportation funds by a school district to purchase school buses, the extension of prohibition on bullying and cyber-bullying on school buses, the authorization procedures for a pupil to self-administer certain medications on a school bus and the provision for suspension or expulsion of a pupil for certain behaviors committed on a school bus.
(NRS 386.795, 388.132, 388.135, 392.425, 392.466) - *AB485_R2* – 2 – Sections 3.2 and 4 of this bill require that any new school bus which is purchased by a school district on or after July 1, 2019, must be equipped with a shoulder-harness-type safety belt assembly for each permanent seating position for passengers.
(NRS 386.795, 388.132, 388.135, 392.425, 392.466) Sections 3.2 and 4 of this bill require that any new school bus which is purchased by a school district on or after July 1, 2019, must be equipped with a shoulder-harness-type safety belt assembly for each permanent seating position for passengers.
Section 3.4 also requires that any such agreement include provisions requiring the or vehicle;
Section 3.4 also requires that any such agreement include provisions requiring the lessee to:
(1) provide a security deposit;
(2) pay a fee for the use of the school bus or vehicle;
(4)ool bus provide indemnification to the lessor school district and the school district’s bus driver against any claim;
(4) provide indemnification to the lessor school district and the school district’s bus laws of this State and proof of insurance;
(5) provide proof that each driver is licensed under the laws of this State and proof of insurance;
(6) provide proof of a permit or othere approval for the special event, if required by a governmental entity;
(6) provide proof of a permit or other approval for the special event, if required by a governmental entity;
and (8) acknowledge that the lessee is not entitled to the limitation on damages that applies limits the number of school buses and vehicles a school district may lease during any period of time to not more than 8.5 percent of the total number of school buses and vehicles belonging to that school district.
and (8) - 79th Session (2017) – 2 – acknowledge that the lessee is not entitled to the limitation on damages that applies to government employees and entities.
Under existing law, agents and employees of the Department of Motor Vehicles are required to inspect school buses to determine if the school buses comply with various equipment and identification requirements, and must report any violations to the superintendent of schools of the school district wherein the school buses are Department of Public Safety.tion 5 of this bill transfers those requirements to the Existing law provides that certain laws relating to the condition, equipment and identification of vehicles used for the transportation of pupils, including school buses, apply to private schools.
(NRS 41.035) Additionally, section 3.4 limits the number of school buses and vehicles a school district may lease during and vehicles belonging to that school district.
(NRS 394.190) All such vehicles are subject to inspection at all times by the Department of Motor Vehicles, which is required to report any violation to the executive head of the private school.
of the total number of school buses Under existing law, agents and employees of the Department of Motor Vehicles are required to inspect school buses to determine if the school buses comply with various equipment and identification requirements, and must report any violations to the superintendent of schools of the school district wherein the school buses are Department of Public Safety.tion 5 of this bill transfers those requirements to the Existing law provides that certain laws relating to the condition, equipment and identification of vehicles used for the transportation of pupils, including school buses, apply to private schools.
Section 6 of this bill transfers those requirements to the Department of Public Safety.
(NRS 394.190) All such vehicles are subject to inspection at all times by the Department of Motor Vehicles, which is required to bill transfers those requirements to the Department of Public Safety.tion 6 of this EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
or [privately] - *AB485_R2* – 3 – (b) Privately owned and regularly operated for compensation for the transportation of children to or from school or a school activity.
or [privately] (b) Privately owned and regularly operated for compensation for the transportation of children to or from school or a school activity.
Sec.
- 79th Session (2017) – 3 – Sec.
“Achievement charter school” means a public school operated by a charter management organization, as defined in NRS 388B.020, an educational management organization, as defined in NRS 388B.030, or other person pursuant to a contract with the Achievement School District pursuant to NRS 388B.210 and subject to the provisions of chapter 388B of NRS.
“Achievement charter school” means a public school 388B.020, an educational management organization, as defined inS NRS 388B.030, or other person pursuant to a contract with the Achievement School District pursuant to NRS 388B.210 and subject to the provisions of chapter 388B of NRS.
7.
NRS 484A.230.ol bus” has the meaning ascribed to it in 8.
“School bus” has the meaning ascribed to it in NRS 484A.230.
8.
- *AB485_R2* – 4 – [8.] 9.
[8.] 9.
Each shoulder-harness-type safety belt assembly required by subsection 1 must meet the applicable minimum standards and specifications which are set forth in the Federal Motor Vehicle Safety Standards of the National Highway Traffic Safety Administration of the United States Department of Transportation and which are in effect on the date the school district purchases the school bus.
Each shoulder-harness-type safety belt assembly required by subsection 1 must meet the applicable minimum standards and specifications which are set forth in the Federal Motor Vehicle - 79th Session (2017) – 4 – Safety Standards of the National Highway Traffic Safety Administration of the United States Department of Transportation and which are in effect on the date the school district purchases the school bus.
Sec.
except as otherwise provided in subsections 5 and 6, authorize the school district to enter into a written agreement to lease school buses or vehicles belonging to the school district for special events that take place within the county in which the school district is located, provided that such an agreement will not interfere with or prevent the school district from furnishing transportation for pupils for the purposes described in NRS 386.790 and 386.815.
3.4.
1.
The board of trustees of a school district may, except as otherwise provided in subsections 5 and 6, authorize the school district to enter into a written agreement to lease school buses or vehicles belonging to the school district for special events that take place within the county in which the school district is located, provided that such an agreement will not interfere with or prevent the school district from furnishing transportation for pupils for the purposes described in NRS 386.790 and 386.815.
(c) Indemnify and hold the school district harmless against any claim, demand, judgment or legal action, whatsoever, including, without limitation, any losses, damages, legal costs or expenses incident thereto;
(c) Indemnify and hold the school district harmless against including, without limitation, any losses, damages, legal costs or expenses incident thereto;
(d) Indemnify and hold the driver of a school bus or vehicle harmless against any claim, demand, judgment or legal action, - *AB485_R2* – 5 – whatsoever, including, without limitation, any losses, damages, legal costs or expenses incident thereto incurred when acting in the scope of his or her employment;
(d) Indemnify and hold the driver of a school bus or vehicle harmless against any claim, demand, judgment or legal action, whatsoever, including, without limitation, any losses, damages, legal costs or expenses incident thereto incurred when acting in the scope of his or her employment;
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(f) Provide proof that the school bus or vehicle leased will be operated by a person licensed under the laws of this State to operate the particular type of bus or vehicle leased;
- 79th Session (2017) – 5 – (f) Provide proof that the school bus or vehicle leased will be operated by a person licensed under the laws of this State to operate the particular type of bus or vehicle leased;
(g) Provide proof of insurance which covers the school bus or vehicle while operated by the lessee up to an amount determined by the transportation department of the school district, if the school district has such a department, or by the board of trustees, if the school district does not have such a department;
(g) Provide proof of insurance which covers the school bus or by the transportation department of the school district, if the school district has such a department, or by the board of trustees, if the school district does not have such a department;
A system of flashing red lights or a mechanical device attached to the front of the school bus or vehicle may be used in the operation of a school bus or vehicle only during an emergency.
A system of flashing red lights or a mechanical device attached to the front of the school bus or only during an emergency.e operation of a school bus or vehicle 4.
4.
- *AB485_R2* – 6 – (a) Settle or arbitrate disputes between a recognized organization representing employees of the school district and the school district, or to settle any negotiations;
(a) Settle or arbitrate disputes between a recognized organization representing employees of the school district and the school district, or to settle any negotiations;
5.
- 79th Session (2017) – 6 – 5.
(b) If the school district determines that transportation by a commercial bus is reasonably available for a special event.
commercial bus is reasonably available for a special event.n by a 6.
6.
and (b) Other programs or activities that the board of trustees deems appropriate, ¬ regardless of whether such programs or activities are part of a school program.
and (b) Other programs or activities that the board of trustees deems ¬ regardless of whether such programs or activities are part of a school program.
- *AB485_R2* – 7 – 4.
4.
The time spent operating, inspecting, loading, unloading, repairing and servicing the vehicle and waiting for passengers must be included in determining the 15-hour period.
The time spent operating, inspecting, loading, unloading, repairing and servicing the vehicle and waiting for - 79th Session (2017) – 7 – passengers must be included in determining the 15-hour period.
Before January 1, 1984, the State Board shall adopt regulations to carry out the provisions of subsection 4.
Before January 1, 1984, the State Board shall adopt regSec.
Sec.
4.s tNRS 386.830 is hereby amended to read as follows:
4.
NRS 386.830 is hereby amended to read as follows:
Except as otherwise provided in subsection [4,] 5, all vehicles used for transporting pupils must meet the specifications established by regulation of the State Board.
Except as otherwise provided in subsection [4,] 5, all vehicles used for transporting pupils must meet the specifications est[4.] 5.d bExcept as otherwise provided in subsection [5,] 6, any bus which is purchased and used by a school district to transport pupils to and from extracurricular activities is exempt from the specifications adopted by the State Board if the bus meets the federal safety standards for motor vehicles which were applicable at the time the bus was manufactured and delivered for introduction in interstate commerce.
[4.] 5.
Except as otherwise provided in subsection [5,] 6, any bus which is purchased and used by a school district to transport pupils to and from extracurricular activities is exempt from the specifications adopted by the State Board if the bus meets the federal safety standards for motor vehicles which were applicable at the time the bus was manufactured and delivered for introduction in interstate commerce.
[and] - *AB485_R2* – 8 – (b) Subsection 2 or 3 of NRS 386.835 if the school bus is purchased on or after July 1, 2016 [.] ;
[and] (b) Subsection 2 or 3 of NRS 386.835 if the school bus is purchased on or after July 1, 2016 [.] ;
and (c) Section 3.2 of this act if the school bus is purchased on or after July 1, 2019.
and - 79th Session (2017) – 8 – (c) Section 3.2 of this act if the school bus is purchased on or after July 1, 2019.
Sec.
386.840 N1.
5.
NRS 386.840 is hereby amended to read as follows:
386.840 1.
2.
area without operating the system of flashing red lights required by subsection 1 if the designated area:
A driver may stop to load and unload pupils in a designated area without operating the system of flashing red lights required by subsection 1 if the designated area:
- *AB485_R2* – 9 – 3.
- 79th Session (2017) – 9 – 3.
(a) Be equipped and identified as required by the regulations of the State Board;
(a) Be equipped and identified as required by the regulations of the(b) If the bus is a new bus purchased by a school district to transport pupils, meet the standards set forth in:
and (b) If the bus is a new bus purchased by a school district to transport pupils, meet the standards set forth in:
The provisions of NRS 386.830 and 386.840 relating to the condition, equipment and identification of vehicles used for the transportation of pupils apply to private schools.
The provisions of NRS 386.830 and 386.840 used for the transportation of pupils apply to private schools.cles 2.
2.
If the executive head of the private school fails or refuses to take appropriate action to correct any such violation within 10 days after receiving the report from the Department of [Motor Vehicles,] Public Safety, the executive head is guilty of a misdemeanor.
If the executive head of the private school fails or refuses to take appropriate action to correct any such violation within 10 days - 79th Session (2017) – 10 – after receiving the report from the Department of [Motor Vehicles,] Public Safety, the executive head is guilty of a misdemeanor.
- *AB485_R2* – 10 – Sec.
Sec.
H - *AB485_R2*
~~~~~ 17 - 79th Session (2017)
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Action History

  1. Approved by the Governor. Chapter 352.

  2. Enrolled and delivered to Governor.

  3. Senate Amendment No. 812 concurred in. To enrollment.

  4. In Assembly.

  5. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 21, Nays: None.) To Assembly.

  6. Taken from Secretary's desk. Placed on General File.

  7. Taken from General File. Placed on Secretary's desk.

  8. From printer. To re-engrossment. Re-engrossed. Second reprint .

  9. Read second time. Amended. (Amend. No. 812.) To printer.

  10. From committee: Amend, and do pass as amended.

  11. Read first time. Referred to Committee on Transportation. To committee.

  12. In Senate.

  13. Read third time. Passed, as amended. Title approved. (Yeas: 40, Nays: 2.) To Senate.

  14. Taken from General File. Placed on General File for next legislative day.

  15. Taken from General File. Placed on General File for next legislative day.

  16. From printer. To engrossment. Engrossed. First reprint .

  17. Read second time. Amended. (Amend. No. 362.) To printer.

  18. Placed on Second Reading File.

  19. From committee: Amend, and do pass as amended.

  20. Notice of eligibility for exemption.

  21. From printer. To committee.

  22. Read first time. Referred to Committee on Transportation. To printer.

Sponsors

  • Transportation · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Transportation

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety transportation education
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Frequently asked questions

Who sponsors AB 485?
AB 485 is sponsored by Transportation.
What is the current status of AB 485?
This bill has been enacted into law. Introduced March 27, 2017. Enacted.
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