Nevada 2023 Regular Session Status: Enacted

SB 66 — Revises provisions relating to public safety. (BDR 43-256)

Last action — Approved by the Governor. Chapter 46.

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

This bill has been enacted into law. Introduced November 16, 2022. Enacted.

Signed by Governor Joe Lombardo (Republican) on May 25, 2023.

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.

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Bill Text

What changed in the latest version

393 added · 414 removed

393 line(s) added, 414 removed.

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(Reprinted with amendments adopted on April 24, 2023) FIRST REPRINT S.B.
Senate Bill No.
66 S ENATE BILL N O.
66–Committee on Growth and Infrastructure CHAPTER..........
66–COMMITTEE ON G ROWTH AND INFRASTRUCTURE (ON B EHALF OF THE D EPARTMENT OF M OTOR V EHICLES ) PREFILED NOVEMBER 16, 2022 ____________ Referred to Committee on Growth and Infrastructure SUMMARY—Revises provisions relating to public safety.
(BDR 43-256) FISCAL NOTE:
EffEffect on the State:
Yes.May have Fiscal Impact.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Legislative Counsel’s Digest:
LegiExisting law prohibits a person from driving a commercial motor vehicle at any time when the driving privilege of the person is subject to disqualification.
time when the driving privilege of the person is subject to disqualification.
The length of the period in which the person is required to be disqualified varies existing federal regulations require the person to be disqualified for life.
The length of the period in which the person is required to be disqualified varies based on the offense for which the person was convicted.
Such offenses include, among others, using a commercial motor vehicle in the - *SB66_R1* – 2 – in persons,” as defined by federal law.
For certain offenses, existing federal regulations require the person to be disqualified for life.
Such commission of a felony involving an act or practice of “severe forms of trafficking in persons,” as defined by federal law.
§ 383.51)g To conform with these federal requirements, section 2 of this bill expressly provides that a person is disqualified from operating a commercial motor vehicle for a certain period if the person is convicted of certain offenses.
§ 383.51) To conform with these federal requirements, section 2 of this bill expressly provides that a person is disqualified from operating a commercial motor vehicle for a certain period if the person is convicted of certain offenses.
Under section 2, if a person is convicted of certain specified offenses relating to human trafficking while using a commercial motor vehicle, or certain other offenses, the person is disqualified for life without the possibility of reinstatement.
Under section 2, if a person is convicted of certain specified offenses relating to human trafficking disqualified for life without the possibility of reinstatement.
Section 2 prohibits a person who is disqualified from operating a motor vehicle for life from being issued of this bill requires a court to provide notice to the Department of Motor Vehicles within 5 days after a person is convicted of certain offenses relating to human trafficking while using a commercial motor vehicle.
Section 2 prohibits a person who is disqualified from operating a motor vehicle for life from being issued or holding a commercial driver’s license or commercial learner’s permit.
Existing federal law defines “severe forms of trafficking in persons” to include, without limitation, the recruitment, harboring, transportation, provision or obtaining of a person for labor or services, through the use of force, fraud or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage or slavery.
Section 3 of this bill requires a court to provide notice to the Department of Motor Vehicles within 5 days after a person is convicted of certain offenses relating to human trafficking while using a commercial motor vehicle.
Existing federal law defines “severe forms of trafficking in persons” to include, of a person for labor or services, through the use of force, fraud or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage or slavery.
§ 7102(11)) Section 10 of this bill revises the list of acts that constitute the crime of holding a person in involuntary servitude to conform more closely with Under section 10, a person who knowingly subjects, or attempts to subject, another person to forced labor or services by debt bondage, peonage, or using a scheme, plan or pattern intended to cause the person to believe that the failure to perform an act would result in serious harm or physical restraint against any person is guilty of holding a person in involuntary servitude.
§ 7102(11)) Section 10 of this bill revises the list of acts that constitute the crime of holding a person in involuntary servitude to conform more closely with the federal definition of “severe forms of trafficking in persons.” (NRS 200.463) Under section 10, a person who knowingly subjects, or attempts to subject, another person to forced labor or services by debt bondage, peonage, or using a scheme, - 82nd Session (2023) – 2 – plan or pattern intended to cause the person to believe that the failure to perform an act would result in serious harm or physical restraint against any person is guilty of holding a person in involuntary servitude.
Similarly, section 10.5 of this bill revises the list of acts that constitute the crime of holding a minor in involuntary servitude to conform more closely with the federal definition of “severe forms of trafficking in persons.” (NRS 200.4631) Under section 10.5, a person who has physical custody of a minor, allows a minor provides care to the minor and who knowingly uses a scheme, plan or patternor or intended to cause the minor to believe that the failure to perform an act would result in serious harm or physical restraint against any person is guilty of holding a minor in involuntary servitude.
crime of holding a minor in involuntary servitude to conform more closely with thethe federal definition of “severe forms of trafficking in persons.” (NRS 200.4631) Under section 10.5, a person who has physical custody of a minor, allows a minor to reside in his or her residence, is in a position of authority over a minor or provides care to the minor and who knowingly uses a scheme, plan or pattern intended to cause the minor to believe that the failure to perform an act would result in serious harm or physical restraint against any person is guilty of holding a minor in involuntary servitude.
§ 383.73(q)) information regarding the driving record of any person to certain persons or entities under certain circumstances.
§ 383.73(q)) Existing law requires the Department, with certain exceptions, to furnish full information regarding the driving record of any person to certain persons or entities under certain circumstances.
(NRS 483.916) Section 7 of this bill requires the Department also to furnish that information to the person who is the subject of that driving record or the Secretary of Transportation of the United States, upon his or her request.
(NRS 483.916) Section 7 of this bill requires the Department also to furnish that information to the person who is the subject of that her request.rd or the Secretary of Transportation of the United States, upon his or Existing law requires certain vehicles to stop at all railroad grade crossings.
- *SB66_R1* – 3 – Existing law requires certain vehicles to stop at all railroad grade crossings.
(NRS 484B.560) Section 9 of this bill requires the driver of a commercial motor vehicle who is not otherwise required to stop, before crossing at grade any track or tracks of a railroad, to decrease the speed of the vehicle and confirm that the tracks are clear.
(NRS 484B.560) Section 9 of this bill requires the driver of a commercial motor tracks of a railroad, to decrease the speed of the vehicle and confirm that the tracks are clear.
placement of sections 2-4 in the Nevada Revised Statutes.to indicate the proper THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 5 and 6 of this bill make conforming changes to indicate the proper placement of sections 2-4 in the Nevada Revised Statutes.
- 82nd Session (2023) – 3 – EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
If a person is convicted of any of the following offenses involving the operation of a motor vehicle, the person is disqualified from operating a commercial motor vehicle for life without the possibility of reinstatement:
If a person is convicted of any of the following offenses involving the operation of a motor vehicle, the person is without the possibility of reinstatement:motor vehicle for life (a) Using a motor vehicle in the commission of a felony involving manufacturing, distributing or dispensing a controlled substance;
(a) Using a motor vehicle in the commission of a felony involving manufacturing, distributing or dispensing a controlled substance;
If a person is convicted of an offense described in subparagraph (1) or (2) of paragraph (b) of subsection 2 of - *SB66_R1* – 4 – section 2 of this act while operating a commercial motor vehicle, the court in which the person was convicted shall, not later than 5 business days after the date on which the person was convicted, provide to the Department notice of the conviction in a form prescribed by Department.
If a person is convicted of an offense described in subparagraph (1) or (2) of paragraph (b) of subsection 2 of section 2 of this act while operating a commercial motor vehicle, the court in which the person was convicted shall, not later than 5 provide to the Department notice of the conviction in a formed, prescribed by Department.
Sec.
- 82nd Session (2023) – 4 – Sec.
(a) During a period in which the person does not have a current commercial driver’s license or commercial learner’s permit or does not have a commercial driver’s license or commercial learner’s permit with the proper class or endorsements;
current commercial driver’s license or commercial learner’s permit or does not have a commercial driver’s license or commercial learner’s permit with the proper class or endorsements;
483.902 The provisions of NRS 483.900 to 483.940, inclusive, and sections 2, 3 and 4 of this act apply only with respect to commercial drivers’ licenses.
and sections 2, 3 and 4 of this act apply only with respect to, commercial drivers’ licenses.
§ 31309 to serve as a clearinghouse for locating information relating to the licensing, - *SB66_R1* – 5 – identification and disqualification of operators of commercial motor vehicles.
§ 31309 to serve as a clearinghouse for locating information relating to the licensing, identification and disqualification of operators of commercial motor vehicles.
Sec.
- 82nd Session (2023) – 5 – Sec.
2.
regulations for farmers, firefighters, military personnel or any other class of operators or vehicles for which exemptions are authorized by federal law or regulations;
Providing the same exemptions allowed pursuant to federal regulations for farmers, firefighters, military personnel or any other class of operators or vehicles for which exemptions are authorized by federal law or regulations;
483.916 Except as otherwise provided in NRS 481.063, the Department shall furnish full information regarding the driving record of any person to:
483.916 Except as otherwise provided in NRS 481.063, the Department shall furnish full information regarding the driving rec1.d oThe person who is the subject of the driving record upon his or her request;
1.
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The person who is the subject of the driving record upon his or her request;
- *SB66_R1* – 6 – Sec.
- 82nd Session (2023) – 6 – Sec.
If the Department receives notice that a person who holds a commercial driver’s license has been convicted of driving a commercial motor vehicle in violation of the prohibitions described in 49 C.F.R.
If the Department receives notice that a person who holds a commercial driver’s license has been convicted of driving a commercial motor vehicle in violation of the prohibitions des(a) Suspend the privilege of the person to operate a commercial motor vehicle for the period set forth in 49 C.F.R.
§ 395.13, the Department shall:
(a) Suspend the privilege of the person to operate a commercial motor vehicle for the period set forth in 49 C.F.R.
4.
provisions of this section.adopt regulations to carry out the 5.
The Department shall adopt regulations to carry out the provisions of this section.
5.
§ 383.5, before crossing at grade any track or tracks of a railroad, shall stop that vehicle within 50 feet but not less than 15 feet from the nearest rail of the railroad and while so stopped shall listen and look in both directions along the track for any approaching train or other on-track equipment, and for signals indicating the approach of a train or other on-track equipment, and shall not proceed until the driver can do so safely.
§ 383.5, before crossing at grade any track or tracks of a railroad, shall stop that vehicle within 50 feet but not less than 15 feet from the nearest rail of the railroad and while so stopped shall listen and look in both directions along the track for any approaching train or other on-track equipment, and for signals indicating the approach of a train or other - 82nd Session (2023) – 7 – on-track equipment, and shall not proceed until the driver can do so safely.
- *SB66_R1* – 7 – 2.
2.
After stopping as required in this section and upon proceeding when it is safe to do so, the driver of any such vehicle shall cross only in a gear of the vehicle that there will be no necessity for changing gears while traversing the crossing and the driver shall not shift gears while crossing the track or tracks.
After stopping as required in this section and upon proceeding when it is safe to do so, the driver of any such vehicle necessity for changing gears while traversing the crossing and the driver shall not shift gears while crossing the track or tracks.
and (3) After the State or the local authority has held a public hearing to determine whether the crossing should be designated an exempt crossing.
and (3) After the State or the local authority has held a public hearing to determine whether the crossing should be designated an exe5.t cThe driver of a commercial motor vehicle, as that term is defined in 49 C.F.R.
5.
The driver of a commercial motor vehicle, as that term is defined in 49 C.F.R.
[(a)] (1) Space for the vehicle on the opposite side of the railroad crossing;
- 82nd Session (2023) – 8 – [(a)] (1) Space for the vehicle on the opposite side of the railroad crossing;
or - *SB66_R1* – 8 – (b) To fail to obey an official traffic-control device or the directions of a police officer at a railroad crossing.
or directions of a police officer at a railroad crossing.ice or the 8.
8.
or (i) Using a scheme, plan or pattern intended to cause the person to believe that the failure to perform an act would result in serious harm or physical restraint against any person, is guilty of holding a person in involuntary servitude.
or (i) Using a scheme, plan or pattern intended to cause the serious harm or physical restraint against any person,ould result in is guilty of holding a person in involuntary servitude.
3.
- 82nd Session (2023) – 9 – 3.
(b) “Peonage” means a status or condition of compulsory service based upon real or alleged indebtedness.
(b) “Peonage” means a status or condition of compulsory serSec.
- *SB66_R1* – 9 – Sec.
NRS 200.4631 is hereby amended to read as follows:
upoNRS 200.4631 is hereby amended to read as follows:
A person who is found guilty of holding a minor in involuntary servitude is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 15 years has been served, and may be further punished by a fine of at least $50,000.
A person who is found guilty of holding a minor in involuntary servitude is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a by a fine of at least $50,000.erved, and may be further punished 3.
3.
(5) Permanent or temporary disfigurement, including, without limitation, a burn, scalding, cut, laceration, puncture or bite;
- 82nd Session (2023) – 10 – (5) Permanent or temporary disfigurement, including, without limitation, a burn, scalding, cut, laceration, puncture or bite;
or (6) Permanent or temporary loss or impairment of a part or organ of the body.
or (6) Permanent or temporary loss or impairment of a part or org(b) “Serious harm” means any harm, whether physical or nonphysical, including, without limitation, psychological, financial or reputational harm, that is sufficiently serious, under the circumstances, to compel a reasonable person of the same background and in the same circumstances as the victim to perform or to continue to provide labor or services to avoid incurring that harm.
(b) “Serious harm” means any harm, whether physical or nonphysical, including, without limitation, psychological, financial - *SB66_R1* – 10 – circumstances, to compel a reasonable person of the samer the background and in the same circumstances as the victim to perform or to continue to provide labor or services to avoid incurring that harm.
H - *SB66_R1*
~~~~~ 23 - 82nd Session (2023)
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Amendments

1 amendment

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Action History

  1. Approved by the Governor. Chapter 46.

  2. Enrolled and delivered to Governor.

  3. In Senate. To enrollment.

  4. Read third time. Passed. Title approved. (Yeas: 42, Nays: None.) To Senate.

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

  6. Notice of eligibility for exemption.

  7. Read second time.

  8. From committee: Do pass.

  9. In Assembly. Read first time. Referred to Committee on Growth and Infrastructure. To committee.

  10. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 21, Nays: None.) To Assembly.

  11. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 531.) To printer.

  12. Read first time. To committee.

  13. From printer.

  14. Prefiled. Referred to Committee on Growth and Infrastructure. To printer.

Sponsors

  • Senate Committee on Growth and Infrastructure · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Senate Committee on Growth and Infrastructure

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
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Frequently asked questions

Who sponsors SB 66?
SB 66 is sponsored by Senate Committee on Growth and Infrastructure.
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This bill has been enacted into law. Introduced November 16, 2022. Enacted.
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