Author

Assembly Committee on Growth and Infrastructure

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Author Detail Link

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Bill Text

Category

Rail

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State

NV

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Summary

[wpcode id=”3772″]

Establishes requirements for the installation and operation of wayside detector systems..

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Issue

Amended bill establishes requirements for the
installation and operation of wayside detector systems. Also requires a stopped train or other equipment to be cut,
separated or moved to clear a railroad grade crossing
upon the approach of an emergency vehicle; provides a
civil penalty.

Governor's Veto Message: AB 456 is presumably intended to decrease the likelihood of catastrophic train accidents like
the one that began in East Palestine, Ohio in February this year. Our States goal is certainly to have no similar accident occur here. The bill provides that no commercial trains operational length may exceed 7,500 feet in the state of Nevada. Aside from being another policy overreach from the Legislature, it is also far from certain the constitutionality of AB 465 would be upheld in Court. Supreme Court precedent dating back to 1945 demonstrates the Courts firm opposition to laws that affect interstate commerce where the state interest is outweighed by the nations interest in an adequate, economical and efficient railway transportation service, which must prevail. Southern Pacific Co. v. Arizona, 325 U.S. 761, 783-84 (1945). Though mostly well-intended, since this bills prohibition on commercial trains greater in length than 7,500 feet is unlikely to withstand litigation, I cannot support it.

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Notes

Pending Assembly action on vetoed bill.

History

03/27/2023 Read first time. Referred to Assembly Committee on Growth and Infrastructure.
04/04/2023 Hearing in Assembly Committee on Assembly Growth and Infrastructure.
04/11/2023 Amended and passed as amended from Assembly Committee on Growth and Infrastructure.
04/21/2023 Passed as amended from the Assembly Committee on Growth and Infrastructure. Read second time in Assembly. Amended.
04/24/2023 Engrossed in Assembly.
04/25/2023 Read third time. Passed Assembly as amended.
04/26/2023 Read first time in Senate. Referred to Senate Committee on Growth and Infrastructure.
05/22/2023 Passed from Senate Committee on Growth and Infrastructure. Read second time in Senate.
05/23/2023 Taken from General File. Placed on General File for next legislative day.
05/24/2023 Read third time. Passed Senate. To Assembly. l
05/25/2023 In Assembly. To enrollment.
05/26, 2023 Enrolled and delivered to Governor.
06/01/2023 Vetoed by Governor.
06/03/2023 Bill read with Governor's veto message. Placed on Chief Clerk's desk.