Nevada 2021 Regular Session Status: Enacted Bipartisan · 5 D · 1 R cosponsors

AB 118 — Revises provisions relating to the transportation of children in motor vehicles. (BDR 43-209)

Last action — Approved by the Governor. Chapter 42.

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  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 February 11, 2021. Enacted.

Prognosis

Likely to advance 78% · 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.

  • 12 sponsors

    1 primary, 11 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (5 D · 1 R) — cross-party backing.

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

240 added · 201 removed

240 line(s) added, 201 removed.

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(Reprinted with amendments adopted on April 12, 2021) FIRST REPRINT A.B.
Assembly Bill No.
118 A SSEMBLY B ILL N O.
118–Assemblymen Bilbray-Axelrod;
118–A SSEMBLYMEN B ILBRAY -AXELROD ;
Anderson, Considine, Duran, González, Gorelow, Krasner, Martinez, Marzola, Orentlicher, Summers-Armstrong and Thomas CHAPTER..........
ANDERSON , C ONSIDINE, D URAN , G ONZÁLEZ , G ORELOW , K RASNER , M ARTINEZ , M ARZOLA , O RENTLICHER , SUMMERS -A RMSTRONG AND THOMAS FEBRUARY 11, 2021 ____________ Referred to Committee on Growth and Infrastructure SUMMARY—Revises provisions relating to the transportation of children in motor vehicles.
(BDR 43-209) 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.
Existing law generally requires a person transporting a child who is less than 6 years of age and who weighs 60 pounds or less in a motor vehicle to secure the child in a child restraint system that meets certain requirements.
years of age and who weighs 60 pounds or less in a motor vehicle to secure thethan 6 child in a child restraint system that meets certain requirements.
(NRS 484B.157) Existing law also generally requires any other person in a motor vehicle to wear a this bill:
(NRS 484B.157) Existing law also generally requires any other person in a motor vehicle to wear a safety belt while the motor vehicle is being driven.
(1) increases the age requirement at which a child is required to be secured in a child restraint system from less than 6 years of age to less than 8 years of age;
(NRS 484D.495) Section 2 of this bill:
(2) removes the weight requirement;
(1) removes the weight requirement for a child who is less than 6 years of age;
(3) adds the requirement that the child be less than 57 inches tall;
(2) adds the requirement that the child be less than 57 inches tall;
and (4) adds the requirement that a child less than 2 years of age generally be secured in a rear-facing child restraint system in the back seat of the motor vehicle.
and (3) adds facing child restraint system in the back seat of the motor vehicle.
Additionally, section 2 provides that if the child is at least 8 years of age but less than 13 years of age, then the child must be secured in a safety belt in deactivated and:
Section 2 alsor- authorizes the Department of Public Safety to accept gifts, grants and donations from any source for the purpose of purchase or donation of child restraint systems for persons who are in financial need.
(1) special health care needs of the child require the child to ride in the front seat and a written statement signed by a physician certifying the requirement is carried in the motor vehicle;
(2) all back seats are in use by other children who are less than 13 years of age;
or (3) the motor vehicle is not equipped with back seats.
(1) any driver or adult passenger who fails to wear a safety belt;
(1) any driver or adult passenger a safety belt if the child is not required to be secured in a child restraint system.ar (NRS 484D.495) Section 3 of this bill makes conforming changes to the requirements relating to the use of safety belts and child restraint systems to reflect the changes made in section 2.
or (2) any driver who fails to require a child to wear However, under existing law, such violations are not primary offenses, whicht system.
Existing law requires a short-term lessor who offers or provides a waiver of damages to disclose certain information, including the existing law of this State conforming changes to that disclosure to reflect the changes made in this bill.s EXPLANATION – Matter in bolded italics is new;
means that a citation for such violations may only be issued if the violations are - *AB118_R1* – 2 – discovered when the vehicle is halted or the driver arrested for another alleged violation or offense.
matter between brackets [omitted material] is material to be omitted.
(NRS 484D.495) Section 3 of this bill provides that:
(1) it remains a secondary offense, not a primary offense, for a driver or an adult for a driver to fail to require a child to wear a safety belt if the child is required by law to wear a safety belt;
and (2) if the driver of the motor vehicle is not the parent or guardian of the child who is not wearing a safety belt, then the parent or guardian of the child must also be cited if the parent or guardian is a passenger in the motor vehicle.
damages to disclose certain information, including the existing law of this State relating to the use of safety belts.
(NRS 482.3156) Section 1 of this bill makes conforming changes to that disclosure to reflect the changes made in this bill.
2.
- 81st Session (2021) – 2 – 2.
A statement that the short-term lessee should consult with his or her insurer to determine the scope of insurance coverage.
A statement that the short-term lessee should consult with his4.r hA statement that the short-term lessee may purchase ane.
4.
optional waiver of damages to cover all liability subject to any exception that the short-term lessor includes and that is permitted by NRS 482.31555.
A statement that the short-term lessee may purchase an optional waiver of damages to cover all liability subject to any exception that the short-term lessor includes and that is permitted by NRS 482.31555.
(a) Any driver of a passenger car and any passenger [5] 13 years of age or older who rides in the front or back seat of a passenger car to wear a safety belt if one is available for that seating position [.] ;
(a) Any driver of a passenger car and any passenger [5] 6 years of age or older who rides in the front or back seat of a passenger car to wear a safety belt if one is available for that seating position [.] ;
(b) Any passenger who is 8 years of age or older but less than 13 years of age to be secured by a safety belt in the manner set forth in subsection 2 of NRS 484B.157;
and (b) Any passenger who is less than 2 years of age to be secured in a rear-facing child restraint system in the back seat of the motor vehicle pursuant to paragraph (b) of subsection 1 of NRS 484B.157.
(c) Any passenger who is less than 8 years of age and less than 57 inches tall to be secured in a child restraint system described in paragraph (a) of subsection 1 of NRS 484B.157;
and - *AB118_R1* – 3 – (d) Any passenger who is less than 2 years of age to be secured in a rear-facing child restraint system in the back seat of the motor vehicle pursuant to paragraph (b) of subsection 1 of NRS 484B.157.
Except as otherwise provided in subsection [7,] 8, any person who is transporting [a] :
Except as otherwise provided in subsection 7, any person who is transporting [a] :
(a) A child who is less than [6] 8 years of age and [who weighs 60 pounds or] less than 57 inches tall in a motor vehicle operated in this State which is equipped to carry passengers shall secure the child in a child restraint system which:
(a) A child who is less than 6 years of age and [who weighs 60 pounds or] less than 57 inches tall in a motor vehicle operated in this State which is equipped to carry passengers shall secure the child in a child restraint system which:
[(a)] (1) Has been approved by the United States Department of Transportation in accordance with the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R.
Transportation in accordance with the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R.
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(b) A child who is less than 2 years of age in a motor vehicle operated in this State which is equipped to carry passengers shall secure the child in a rear-facing child restraint system in the back seat of the motor vehicle in accordance with subparagraphs (1), (2) and (3) of paragraph (a) unless the child is secured in a rear- facing child restraint system on the passenger side of the front seat in accordance with subparagraphs (1), (2) and (3) of paragraph (a), the air bag on the passenger’s side of the front seat, if any, is deactivated and:
(b) A child who is less than 2 years of age in a motor vehicle operated in this State which is equipped to carry passengers shall secure the child in a rear-facing child restraint system in the back seat of the motor vehicle in accordance with subparagraphs (1), (2) and (3) of paragraph (a) unless the child is secured in a - 81st Session (2021) – 3 – front seat in accordance with subparagraphs (1), (2) and (3) of paragraph (a), the air bag on the passenger’s side of the front seat, if any, is deactivated and:
Except as otherwise provided in subsection 8, any person who is transporting a child who is not required to be secured in a child restraint system pursuant to subsection 1 and who is less than 13 years of age in a motor vehicle operated in this State which is equipped to carry passengers shall secure the child in a safety belt in the back seat of the motor vehicle unless the air bag on the passenger’s side of the front seat, if any, is deactivated and:
If a defendant pleads or is found guilty of violating the provisions of subsection 1, the court shall:
- *AB118_R1* – 4 – (a) Special health care needs of the child require the child to ride in the front seat of the motor vehicle and a written statement signed by a physician certifying the requirement is carried in the motor vehicle;
(b) All back seats in the motor vehicle are in use by other children who are less than 13 years of age;
or (c) The motor vehicle is not equipped with back seats.
3.
If a defendant pleads or is found guilty of violating the provisions of subsection 1 [,] or 2, the court shall:
(b) For a second offense, order the defendant to pay a fine of not less than $500 or more than $1,000 or order the defendant to perform not less than 50 hours or more than 100 hours of community service;
(b) For a second offense, order the defendant to pay a fine of not perform not less than 50 hours or more than 100 hours oft to community service;
[3.] 4.
3.
The list must include, without limitation, an indication of the fee, if any, established by the person or agency pursuant to subsection [4.] 5.
The list must include, without limitation, an indication of the fee, if any, established by the person or agency pursuant to subsection 4.
(a) If the defendant was sentenced pursuant to paragraph (a) of subsection [2,] 3, waive the fine or community service previously imposed;
(a) If the defendant was sentenced pursuant to paragraph (a) of imposed;
or (b) If the defendant was sentenced pursuant to paragraph (b) of subsection [2,] 3, reduce by one-half the fine or community service previously imposed.
or2, waive the fine or community service previously (b) If the defendant was sentenced pursuant to paragraph (b) of subsection 2, reduce by one-half the fine or community service previously imposed.
[4.] 5.
- 81st Session (2021) – 4 – 4.
A person or agency approved by the Department of Public Safety to conduct programs of training and perform inspections of child restraint systems may, in cooperation with the Department, establish a fee to be paid by defendants who are ordered to complete a program of training.
A person or agency approved by the Department of Public Safety to conduct programs of training and perform inspections of child restraint systems may, in cooperation with the Department, establish a fee to be paid by defendants who are ordered to complete a p(a) Must be reasonable;
The amount of the fee, if any:
andunt of the fee, if any:
(a) Must be reasonable;
(b) May, if a defendant desires to acquire a child restraint system from such a person or agency, include the cost of a child restraint system provided by the person or agency to the defendant.
and - *AB118_R1* – 5 – (b) May, if a defendant desires to acquire a child restraint system from such a person or agency, include the cost of a child restraint system provided by the person or agency to the defendant.
[5.] 6.
5.
[6.] 7.
6.
[7.] 8.
7.
[8.] 9.
8.
The Department of Public Safety may accept gifts, grants donation of child restraint systems for persons who are inase or financial need.
9.
(a) January 1, 1968, on a highway unless it is equipped with at least two lap-type safety belt assemblies for use in the front seating positions.
- 81st Session (2021) – 5 – least two lap-type safety belt assemblies for use in the front seating positions.
(a) Is [6] 8 years of age or older;
(a) Is 6 years of age or older;
or - *AB118_R1* – 6 – (b) [Weighs more than 60 pounds,] Is 57 inches tall or more, regardless of age, who rides in the front or back seat of any vehicle described in subsection 1, having an unladen weight of less than 10,000 pounds, on any highway, road or street in this State shall wear a safety belt if one is available for the seating position of the person or passenger.
or (b) [Weighs more than 60 pounds,] Is 57 inches tall or more, regardless of age, who rides in the front or back seat of any vehicle described in subsection 1, having an unladen weight of less than 10,000 pounds, on any highway, road or street in this State shall wear a safety belt if one3.s aA citation must be issued to any driver or to any adultenger.
3.
passenger who fails to wear a safety belt as required by subsection 2.
A citation must be issued to any driver or to any adult passenger who fails to wear a safety belt as required by subsection 2.
If the passenger is a child who:
(a) Is 6 years of age or older but less than 18 years of age, regardless of [weight;] height;
or (b) Is less than 6 years of age but [who weighs more than 60 pounds,] is 57 inches tall or more,  a citation must be issued to the driver for failing to require that child to wear the safety belt, but if both the driver and that child are not wearing safety belts, only one citation may be issued to the driver for both violations.
4.
Any person who violates the provisions of subsection 2 shall be punished by a fine of not more than $25 or by a sentence to perform a c4.taiA violation of subsection 2:ty service.
If the passenger who fails to wear a safety belt as required by subsection 2 is a child who:
(a) Is [6] 8 years of age or older but less than 18 years of age, regardless of [weight;] height;
or (b) Is less than [6] 8 years of age but [who weighs more than 60 pounds,] is 57 inches tall or more,  a citation must be issued to the driver for failing to require that child to wear the safety belt [, but if both the driver and that child are not wearing safety belts, only one citation may be issued to the driver for both violations.
A citation may be issued pursuant to this subsection only if the violation is discovered when the vehicle is halted or its driver arrested for another alleged violation or offense.] and, if the driver is not the parent or guardian of the child, to the parent or guardian of the child if the parent or guardian is a passenger.
5.
Any person who violates the provisions of subsection 2 shall be punished by a fine of not more than $25 or by a sentence to perform a certain number of hours of community service.
[4.] 6.
A violation of subsection 2:
[5.] 7.
- 81st Session (2021) – 6 – 5.
[6.] 8.
6.
The provisions of subsections 2 [and 3] to 5, inclusive, do not apply:
The provisions of subsections 2 and 3 do not apply:
(a) To a driver or passenger who possesses a written statement by a physician or an advanced practice registered nurse certifying - *AB118_R1* – 7 – that the driver or passenger is unable to wear a safety belt for medical or physical reasons;
(a) To a driver or passenger who possesses a written statement by a physician or an advanced practice registered nurse certifying that the driver or passenger is unable to wear a safety belt for medical or physical reasons;
delivering mail in the rural areas of this State;
(c) To an employee of the United States Postal Service while del(d) If the vehicle is stopping frequently, the speed of that vehicle does not exceed 15 miles per hour between stops and the driver or passenger is frequently leaving the vehicle or delivering property from the vehicle;
Service while (d) If the vehicle is stopping frequently, the speed of that vehicle does not exceed 15 miles per hour between stops and the driver or passenger is frequently leaving the vehicle or delivering property from the vehicle;
[7.] 9.
7.
H - *AB118_R1*
~~~~~ 21 - 81st Session (2021)
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How this bill changes current law

4 changes Share ↗

Compared against the Nevada Revised Statutes as published AI-generated reading aid — verify against the official bill.

  • NRS 482.3156

    any passenger 6 years of age or older who rides in the front or back seat of a passenger car to wear a safety belt if one is available for that seating position; → with certain exceptions: (a) Any driver of a passenger car and any passenger who is 6 years of age or older;

    This change clarifies the requirement for safety belt use by specifying the category of passengers covered.

  • NRS 482.3156

    Any passenger who is less than 2 years of age to be secured in a rear-facing child restraint system in the back seat of the motor vehicle pursuant to paragraph (b) of subsection 1 of NRS 484B.157. → Any passenger who is less than 2 years of age to be secured in a rear-facing child restraint system in the back seat of the motor vehicle;

    This change maintains the requirement for securing younger children but adds clarity by omitting the reference to specific regulations.

  • NRS 484B.157

    a child who is less than 6 years of age and who weighs 60 pounds or → a child who is less than 6 years of age and less than 57 inches tall in a motor vehicle operated in this State...

    This change removes the weight requirement, only allowing height to determine child restraint use.

  • NRS 484B.157

    who weighs 60 pounds or

    This deletion streamlines the criteria for child restraint by eliminating weight considerations.

Amendments

2 amendments

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Approved by the Governor. Chapter 42.

  2. Enrolled and delivered to Governor.

  3. In Assembly. To enrollment.

  4. Read third time. Passed. Title approved. (Yeas: 14, Nays: 7.) To Assembly.

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

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

  7. Read second time.

  8. From committee: Do pass.

  9. From printer. To reengrossment. Reengrossed. Second reprint. To Senate. In Senate. Read first time. Referred to Committee on Growth and Infrastructure. To committee.

  10. Read third time. Passed, as amended. Title approved. (Yeas: 39, Nays: 3.) To printer.

  11. Taken from Chief Clerk's desk. Placed on General File. Read third time. Amended. (Amend. No. 462.) Dispensed with reprinting. Taken from General File. Placed on General File for next legislative day.

  12. From printer. To engrossment. Engrossed. First reprint. Taken from General File. Placed on Chief Clerk's desk.

  13. Read second time. Amended. (Amend. No. 56.) To printer.

  14. Taken from Second Reading File. Placed on Second Reading File for next legislative day.

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

  16. From printer. To committee.

  17. Read first time. Referred to Committee on Growth and Infrastructure. To printer.

Sponsors

Sponsorship breakdown

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1 sponsors · 11 co-sponsors · 55 not signed on

Sponsors (1)

Co-sponsors (11)

Not signed on (55)

55 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
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors AB 118?
AB 118 is sponsored by Marzola, Elaine H. (Democratic), Orentlicher, David (Democratic), Anderson, Natha C. (Democratic), Considine, Venicia (Democratic), González, Cecelia (Democratic), Krasner, Lisa (Republican), Susie Martinez, Clara Thomas, Gorelow, Michelle, Duran, Bea, Shannon Bilbray-Axelrod, and Summers-Armstrong, Shondra.
What is the current status of AB 118?
This bill has been enacted into law. Introduced February 11, 2021. Enacted.
Where can I track AB 118?
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