Amendment vs bill Amendment 37 vs Enrolled

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Assembly Bill No.
Session (83rd) A AB361 37 Amendment No.
361–Assemblymember Hunt CHAPTER..........
37 Assembly Amendment to Assembly Bill No.
361 (BDR 22-1066) Proposed by:
Assembly Committee on Growth and Infrastructure Amends:
Summary:
Yes Title:
Yes Preamble:
No Joint Sponsorship:
No Digest:
Yes Adoption of this amendment will MAINTAIN the unfunded mandate not requested by the affected local government to A.B.
361 (§ 1).
ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
BAW/NCA - Date:
4/3/2025 A.B.
No.
361—Makes various changes relating to public mass transportation.
(BDR 22-1066) Page 1 of 5 *A_AB361_37* Assembly Amendment No.
37 to Assembly Bill No.
361 Page 3 ASSEMBLY B ILLNO .
361–ASSEMBLYMEMBER H UNT M ARCH 4, 2025 _______________ Referred to Committee on Growth and Infrastructure SUMMARY—[Makes various changes] Revises provisions relating to public mass transportation.
(BDR 22-1066) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
No.
CONTAINS UNFUNDED MANDATE (§ 1) (NOTR EQUESTED BYA FFECTEDLOCAL G OVERNMENT ) ~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
and providing other matters properly relating thereto.
[authorizing a governmental entity that operates a public mass transportation system to obtain a public transportation trespass order under certain circumstances;
providing a penalty for the violation of such an order;] and providing other matters properly relating thereto.
A commission may perform within its area of jurisdiction and using streets, roads, highways and other publicon rights-of-way for public transportation.
A commission may perform certain duties prescribed by law, such as operating a system of public transportation within its area of jurisdiction and using streets, roads, highways and other public rights-of-way for public transportation.
(1) take certain actions to mitigate safety risks to transit operators, including, without limitation, mitigate safety risks to transit operators such as the use of barriers, panic buttons and other technology;
(1) take certain actions to mitigate safety risks to transit operators, including, without limitation, installing and maintaining appropriate infrastructure and technology designed to mitigate safety risks to transit operators such as the use of barriers, panic buttons and other technology;
EXPLANATION – Matter in bolded italics is new;
transit operator, which is defined as a person who operates a bus or other vehicle as part of a public mass transportation system, if the transit operator is performing his or her duty and the person charged knew or should have known that the victim was a transit operator.
matter between brackets [omitted material] is material to be omitted.
(NRS 200.471, 200.481) Section 2 of this bill:
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(1) authorizes a governmental entity that operates a public mass transportation system to petition the district court for a public transportation trespass order against a person who has been convicted of assault or battery against a transit operator;
(2) sets forth requirements for the issuance, modification and termination of such an order;
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and (3) provides that violation of such an order is a misdemeanor.] Assembly Amendment No.
37 to Assembly Bill No.
361 Page 4 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
- 83rd Session (2025) – 2 – (1) Assault of a transit operator pursuant to NRS 200.471;
(1) Assault of a transit operator pursuant to NRS 200.471;
and (2) Battery of a transit operator pursuant to NRS 200.481.
and (2) Battery of a transit operator pursuant to NRS 200.481 .
2.
[;
As used in this section, “transit operator” means a person 483.900 to 483.940, inclusive, and who operates a bus or other vehicle:
and (3) Violation of a public transportation trespass order pursuant to section 2 of this act.] 2.
As used in this section, “transit operator” [has the meaning ascribed to it in NRS 200.471.] means a person who holds a commercial driver’s license issued pursuant to NRS 483.900 to 483.940, inclusive, and who operates a bus or other vehicle:
(Deleted by amendment.) Sec.
[Chapter 200 of NRS is hereby amended by adding thereto a new section to read as follows:
1.
If a person is convicted of a violation of NRS 200.471 or 200.481 committed upon a transit operator, the governmental entity operating the public mass transportation system for which the transit operator was performing his or her duties may petition the district court in the county in which the violation occurred for the issuance of a public transportation trespass order pursuant to this section.
2.
A petition for the issuance of a public transportation trespass order filed pursuant to this section must include all of the following information:
(a) Evidence of the conviction of the person against whom the order is sought for a violation of NRS 200.471 or 200.481.
(b) A detailed statement of facts demonstrating that the order is necessary to protect public safety and transit operations.
(c) The proposed duration and scope of the order, which must not exceed 18 mon3.s.
Within 30 days after a petition for the issuance of a public transportation trespass order is filed pursuant to this section, the court shall hold a hearing to determine whether to issue the order.
The person against whom the order is sought is entitled to notice of the hearing and an opportunity to be heard at the hearing.
Assembly Amendment No.
37 to Assembly Bill No.
361 Page 5 4.
The court may issue a public transportation trespass order pursuant to this section if the court finds, by a preponderance of the evidence, that:
(a) The person against whom the order is sought poses a continuing threat to public safety or transit operations;
and (b) The order is necessary to protect public safety or to prevent future disruptions to transit operations.
5.
A public transportation trespass order issued pursuant to this section may, with respect to the person against whom the order is issued, do any or all of the following:
(a) Prohibit the person from entering onto the property of the public mass transportation system for a specified period not to exceed 18 months;
(b) Limit the access of the person to transit services offered by the public mass transportation for a specified period not to exceed 18 months;
or (c) Impose any other appropriate restrictions or prohibitions on the person with respect to entering the property of the public mass transportation system or using the transit services offered by the public mass transportation system.
6.
A public transportation trespass order issued pursuant to this section must be consistent with all other applicable federal, state or local laws that protect civil rights and ensure public access to a public mass transportation system.
7.
A person who is subject to a public transportation trespass order issued pursuant to this section and who violates such an order is guilty of a misdemeanor.
8.
A person against whom a public transportation trespass order has been issued pursuant to this section may, at any time after issuance of the order, file a petition with the court that issued the order requesting modification or termination of the order.
Within 30 days after a petition for modification or termination of an order is filed pursuant to this section, the court shall hold a hearing to determine whether to modify or terminate the order.
The governmental entity that filed the petition for the order is entitled to notice of the hearing and an opportunity to be heard at the hearing.
If the court finds, by a preponderance of the evidence, that modification or termination of the order is warranted and would not jeopardize public safety or transit operations, the court may modify or terminate the order.
9.
A governmental entity that operates a public mass transportation system shall:
(a) Maintain records of any public transportation trespass order issued pursuant to this section;
and (b) Periodically review those records to ensure proportionality and fairness.
10.
A governmental entity that operates a public mass transportation system which has obtained a public transportation trespass order pursuant to this section may file a petition to terminate or modify the order.
Upon the filing of such a petition, the court shall modify or terminate the order as requested in the petition.] (Deleted by amendment.) Sec.
~~~~~ 25 - 83rd Session (2025)