AB527 - Authorizes the installation and use of school bus infraction detection systems on school buses. (BDR 43-421)

- 83rd Session (2025) Assembly Bill No. 527–Committee on Growth and Infrastructure CHAPTER.......... 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; requiring the destruction of any photograph or recorded image produced by a school bus infraction detection system after a certain period of time; establishing certain requirements for a hearing relating to a civil infraction citation issued for a violation detected by a school bus infraction detection system; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law prohibits a governmental entity or its agents from using photographic, video or digital equipment to gather evidence in order to issue a traffic citation or civil infraction citation unless the equipment is: (1) a portable camera or event recording device worn or held by a peace officer; (2) installed within a vehicle or facility of a law enforcement agency; or (3) privately owned by a nongovernmental entity. (NRS 484A.600) Sections 2 and 3 of this bill create an exception to this prohibition, authorizing the board of trustees of a school district to allow for the installation and use of a school bus infraction detection system in school buses owned by the school district to enforce existing provisions of law prohibiting a driver of any vehicle from overtaking or passing a school bus which: (1) has stopped to receive or discharge any pupil; and (2) is displaying a flashing red light signal visible from the front and rear. (NRS 484B.353) Section 2 requires a peace officer of a traffic enforcement agency with jurisdiction over the location in which any school bus equipped with such a system operates to review the evidence of such a violation recorded by the system before a civil infraction citation is issued. Section 2 further: (1) requires a school district that has not previously installed and used a school bus infraction detection system to conduct a public awareness campaign for not less than 30 days after the system is placed into use; (2) requires the destruction of any photograph or recorded image produced by a school bus infraction detection system after a certain period of time; (3) establishes certain requirements for a hearing for a citation issued pursuant to section 2; (4) applies an existing fine structure to a citation issued pursuant to section 2; (5) requires a school district to use any fines collected pursuant to section 2 for certain purposes; and (6) requires each school district that installs such a system to prepare and submit an annual report to the Legislature relating to the school bus infraction detection system. Sections 1 and 2 of this bill provide that a violation detected by a school bus infraction detection system is not a moving traffic violation. – 2 – - 83rd Session (2025) Sections 1 and 4-6 of this bill make conforming changes to: (1) exclude traffic violations detected by a school bus infraction detection system from the assessment of demerit points; and (2) provide for the issuance of civil infraction citations for violations detected by a school bus infraction detection system. 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: Section 1. NRS 483.473 is hereby amended to read as follows: 483.473 1. As used in this section, “traffic violation” means conviction of a moving traffic violation in any municipal court, justice court or district court in this State or a finding by any municipal court or justice court in this State that a person has committed a civil infraction pursuant to NRS 484A.703 to 484A.705, inclusive. The term includes a finding by a juvenile court that a child has violated a traffic law or ordinance other than one governing standing or parking. The term does not include [a] : (a) A conviction or a finding by a juvenile court of a violation of the speed limit posted by a public authority under the circumstances described in subsection 1 of NRS 484B.617 [.] ; or (b) A citation issued for a violation detected by a school bus infraction detection system pursuant to section 2 of this act. 2. The Department shall establish a uniform system of demerit points for various traffic violations occurring within this State affecting the driving privilege of any person who holds a driver’s license issued by the Department and persons deemed to have future driving privileges pursuant to NRS 483.447. The system must be based on the accumulation of demerits during a period of 12 months. 3. The system must be uniform in its operation, and the Department shall set up a schedule of demerits for each traffic violation, depending upon the gravity of the violation, on a scale of one demerit point for a minor violation of any traffic law to eight demerit points for an extremely serious violation of the law governing traffic violations. If a conviction of two or more traffic violations committed on a single occasion is obtained, points must be assessed for one offense or civil infraction, and if the point values differ, points must be assessed for the offense or civil infraction having the greater point value. Details of the violation must be submitted to the Department by the court where the conviction or finding is obtained. The Department may provide for a graduated – 3 – - 83rd Session (2025) system of demerits within each category of violations according to the extent to which the traffic law was violated. Sec. 2. Chapter 484A of NRS is hereby amended by adding thereto a new section to read as follows: 1. A board of trustees of a school district may authorize the installation and use of a school bus infraction detection system in school buses owned by the school district to enforce the provisions of NRS 484B.353. 2. The board of trustees of a school district that authorizes the installation and use of a school bus infraction detection system: (a) May enter into a contractual agreement with a third party vendor to install and administer such a school bus infraction detection system; and (b) Shall enter into an agreement with a traffic enforcement agency with jurisdiction over the location in which any school bus equipped with a school bus infraction detection system operates to review the evidence of any alleged infraction of NRS 484B.353 recorded by the school bus infraction detection system. 3. If a school district has not previously installed and used a school bus infraction detection system the school district shall, for not less than 30 days after a school bus infraction detection system is placed into use by the school district: (a) Conduct a public awareness campaign regarding the use of school bus infraction detection systems within the school district; and (b) Notify the public of the specific date on which a violation detected by the school bus infraction detection system will become enforceable. 4. If, during the period the public awareness campaign described in subsection 3 is conducted, a peace officer of a traffic enforcement agency determines from evidence recorded by a school bus infraction detection system that a person has violated NRS 484B.353, the peace officer may issue only a warning. 5. If, after reviewing the evidence recorded by a school bus infraction detection system, a peace officer of a traffic enforcement agency determines that a violation of NRS 484B.353 occurred in a location over which the traffic enforcement agency has jurisdiction, the peace officer shall cause a civil infraction citation to be issued pursuant to NRS 484A.7033 for the violation to be sent by the traffic enforcement agency or its designee by first class mail to the address listed with the Department for the registered owner of the vehicle identified by the school bus – 4 – - 83rd Session (2025) infraction detection system. A manual or automated record prepared by the traffic enforcement agency or its designee evidencing that the citation was mailed is prima facie evidence of service and shall be admissible in any hearing as to the facts contained in the civil infraction citation. 6. In addition to the information required by subsection 1 of NRS 484A.7035, a civil infraction citation issued pursuant to NRS 484A.7033 for a violation described in subsection 5 must include: (a) The date and time of the violation; (b) A photograph or other recorded image produced by the school bus infraction detection system, or the address of the Internet website on which such an image may be viewed, showing: (1) The vehicle involved in the violation; (2) If a stop arm was installed on the school bus, that the stop arm was extended at the time of the violation; and (3) An electronic indicator evidencing that the flashing red light signals of the bus were activated at the time of the violation; and (c) A statement summarizing the provisions of subsection 8. 7. To the extent practicable, a school bus infraction detection system shall not record images of the occupants of a motor vehicle at the time in which the images are recorded by the system. A civil infraction citation issued pursuant to this section may not be dismissed because a recorded video or digital image includes images of the occupants of the motor vehicle. 8. The registered owner of a vehicle is presumed to be the driver of the vehicle at the time of a violation of NRS 484B.353 which was recorded by a school bus infraction detection system. This presumption may be rebutted if the registered owner of the vehicle submits an affidavit to the traffic enforcement agency or its designee or presents an affidavit as evidence at a hearing held pursuant to subsection 3 of NRS 484A.704 stating under penalty of perjury: (a) The name and address of the person having care, custody and control of the vehicle at the time of the violation; or (b) That the vehicle was, at the time of the violation, stolen. 9. An affidavit presented as evidence pursuant to paragraph (b) of subsection 8 must contain evidence that supports the affidavit, including, without limitation, a police report or an insurance report. 10. Photographs or other recorded images produced by a school bus infraction detection system shall be deemed prima facie evidence of a violation of NRS 484B.353 and are admissible at any – 5 – - 83rd Session (2025) hearing for a citation issued for a violation detected by a school bus infraction detection system pursuant to this section without further authentication. In any hearing for a citation issued for a violation detected by a school bus infraction detection system, there is a rebuttable presumption that: (a) At the time in which a violation of NRS 484B.353 was detected by a school bus infraction detection system, the school bus was marked and equipped with signs and signals as required by law; and (b) Where recorded images from a school bus infraction detection system show the activation of a stop arm or flashing red light signals, the school bus was stopped to receive or discharge a pupil and was displaying a flashing red light signal visible from the front and rear of the school bus. 11. Any photograph or recorded image produced by a school bus infraction detection system must be destroyed not later than 90 days after: (a) If a peace officer of a traffic enforcement agency does not cause to be issued a civil infraction citation pursuant to subsection 5 in connection with the photograph or recorded image, the date on which the photograph or recorded image was produced; or (b) If a peace officer of a traffic enforcement agency causes to be issued a civil infraction citation pursuant to subsection 5 in connection with the photograph or recorded image, the date on which: (1) The person receiving the civil infraction citation submits, pursuant to subsection 2 of NRS 484A.704, full payment of the monetary penalty, the administrative assessment and any fees to the court specified in the citation; (2) The court enters an order dismissing the civil infraction citation in the court’s records; or (3) The court enters an order pursuant to NRS 484A.7043 finding that the person committed the civil infraction and assessing the monetary penalty and administrative assessments prescribed for the civil infraction. 12. The provisions of this section do not prohibit a peace officer from issuing a traffic citation for a violation of any law of this State for which evidence is recorded by a school bus infraction detection system if the peace officer personally witnesses a violation. A person who is issued a traffic citation by a peace officer pursuant to this subsection must not be issued a civil infraction citation based on evidence recorded by the school bus – 6 – - 83rd Session (2025) infraction detection system for the same violation for which the peace officer issued the person the traffic citation. 13. Except as otherwise provided in this section, a hearing on a civil infraction citation issued pursuant to this section shall be conducted in accordance with NRS 484A.7041. 14. A violation of NRS 484B.353 for which a civil infraction citation is issued pursuant to NRS 484A.7033 for a violation described in subsection 5: (a) Is not a moving traffic violation under NRS 483.473; and (b) Is punishable by an administrative fine in an amount set by the local authority, but not less than the fine imposed pursuant to NRS 484B.353. 15. Notwithstanding any other provision of law, all administrative fines assessed and collected for a violation of NRS 484B.353 through the use of a school bus infraction detection system must be collected and remitted to the school district in which the violation occurred. The school district shall use the fines collected by this section to: (a) Install, maintain or operate the school bus infraction detection systems on school buses; (b) Compensate a third party vendor to install, operate or maintain the school bus infraction detection systems on school buses; (c) Support [Text truncated for display. Full text available on LegiScan.]