Senate Amendment to Senate Bill No. 491 First Reprint (BDR 58-1606)
Proposed by: Committee on Finance
Amendment Box: Resolves conflicts with A.B. No. 103, A.B. No. 628, A.B. No. 677 and S.B. No. 183. Makes substantive changes.
Resolves Conflicts with: AB103, AB628, AB677, SB183
Amends: Summary: Title: Preamble: Joint Sponsorship:
ASSEMBLY ACTION
Initial and Date | SENATE ACTION Initial and DateAdopted Lost | Adopted Lost
Concurred In Not | Concurred In Not
Receded Not | Receded Not
Amend sec. 12, page 3, by deleting lines 25 and 26 and inserting:
"
three members appointed by the governor, is hereby created. Each member shall serve for a term of 4 years. Not more than two members may be".Amend sec. 12, page 3, by deleting lines 31 and 32 and inserting:
"
accounting, or training and experience in the law;".Amend sec. 12, page 3, line 33, by deleting "
(c)" and inserting "(b)".Amend sec. 12, page 3, line 35, after the italicized semicolon by inserting "
and".Amend sec. 12, page 3, line 36, by deleting "
(d)" and inserting "(c)".Amend sec. 12, page 3, by deleting lines 38 and 39 and inserting:
"
limousine business as an owner or manager.".Amend sec. 13, page 4, lines 24 and 25, by deleting:
"
No member may serve for more than" and inserting:"
Each member shall serve for a term of".Amend the bill as a whole by deleting sec. 15.5 and adding:
"Sec. 15.5. (Deleted by amendment.)".
Amend sec. 21, page 9, line 12, by deleting "
$500" and inserting "$250".Amend sec. 21, page 9, line 14, by deleting "
20" and inserting "15".Amend sec. 29, page 11, line 9, after "is" by inserting "
charged or".Amend sec. 95, page 43, by deleting line 12 and inserting:
"706.473 1. In a county whose population is less than 400,000, a".
Amend sec. 100, page 45, by deleting lines 33 through 40 and inserting:
"2.
(a) Regular routes and fixed schedules;
(b) Nonemergency medical transportation of persons to facilitate their use of a center as defined in NRS 435.170, if the transportation is available upon request and without regard to regular routes or fixed schedules;
(c) Nonmedical transportation of disabled persons without regard to regular routes or fixed schedules; or
(d) In a county whose population is less than 100,000 or an incorporated city within such a county, nonmedical transportation of persons if the transportation is available by reservation 1 day in advance of the transportation and without regard to regular routes or fixed schedules
,3. Under any agreement for a system of public transit that provides for the transportation of passengers that is described in subsection 2:
(b) If the public entity is unable to do so, the authority shall provide for any required safety inspections.
4.] 3. In addition to the requirements of subsection [3,] 2, under an agreement for a system of public transit that provides for the transportation of passengers that is described in:
(a) Paragraph (a) of subsection 2, the public entity shall establish the routes and fares.
(b) Paragraph (c) or (d) of subsection 2, the common motor carrier:
(1) May provide transportation to any passenger who can board a vehicle with minimal assistance from the operator of the vehicle.
(2) Shall not offer medical assistance as part of its transportation service.
[5.] 4. A nonprofit carrier of elderly or disabled".
Amend sec. 100, page 46, line 3, by deleting "
Amend sec. 100, page 46, between lines 8 and 9, by inserting:
"
(a) There are no other common motor carriers of passengers who are authorized to provide such services in that area; or
(b) Although there are other common motor carriers of passengers who are authorized to provide such services in the area, the common motor carriers of passengers do not wish to provide, or are not capable of providing, such services.".
Amend sec. 108, page 50, line 7, after "
act," by inserting:"
and section 1 of Assembly Bill No. 677 of this session,".Amend sec. 110, page 50, line 42, after the semicolon by inserting "
and".Amend sec. 110, page 51, by deleting lines 2 through 5 and inserting:
(e) Appeals from final decisions of the administrator made pursuant to NRS 706.8822.] subject to the jurisdiction of the taxicab authority.".
Amend sec. 113, page 51, line 34, by deleting:
"[The] An administrator" and inserting:
"[The administrator] Except as otherwise provided in NRS 706.8829 and 706.88395, a taxicab authority".
Amend sec. 113, page 51, line 36, by deleting "appropriate taxicab" and inserting:
"[taxicab] transportation services".
Amend sec. 113, page 52, by deleting lines 1 and 2 and inserting:
"4. Applications for, or suspension or revocation of, drivers’ permits ; [which may be required by the administrator;] and".
Amend sec. 116, page 53, by deleting lines 16 through 22 and inserting:
"2. Whenever circumstances require the establishment of a system of allocations [,] in a county subject to the jurisdiction of a taxicab authority, the taxicab authority shall allocate the number of taxicabs or limousines, as appropriate, among the certificate holders in the county , as follows:
(a) For taxicabs, the allocation must be made in a manner which reflects the number of taxicabs operated by each certificate holder during the 5 years immediately preceding the date of establishment of the system of allocations by the taxicab authority in the county.
(b) For limousines, the allocation must be made in a manner which reflects the number of limousines operated by each certificate holder as of October 1, 1999.
".Amend sec. 129, page 60, line 42, by deleting "
authority." and inserting:"
authority, the transportation services authority or the previously existing public service commission of Nevada.".Amend sec. 134, page 63, line 37, by deleting:
"administrator
of the" and inserting "Amend sec. 134, page 64, line 8, by deleting "shall" and inserting "
Amend sec. 134, page 64, line 9, after "administrator" by inserting:
"
of the taxicab authority".Amend sec. 134, page 64, by deleting lines 11 and 12 and inserting:
"3. The
Amend the bill as a whole by adding a new section designated sec. 134.5, following sec. 134, to read as follows:
"Sec. 134.5. NRS 706.8849 is hereby amended to read as follows:
706.8849 1. A taxicab driver shall:
(a) Ensure that the fare indicator on the taximeter of his taxicab reads zero before the time that the taxicab is engaged.
(b) Ensure that the taximeter of his taxicab is engaged while the taxicab is on hire.
(c) Not make any charge for the transportation of a passenger other than the charge shown on the taximeter.
(d) Not alter, manipulate, tamper with or disconnect a sealed taximeter or its attachments nor make any change in the mechanical condition of the wheels, tires or gears of a taxicab with intent to cause false registration on the taximeter of the passenger fare.
(e) Not remove or alter fare schedules which have been posted in his taxicab by the certificate holder.
(f) Not permit any person or persons other than the person who has engaged the taxicab to ride therein unless the person who has engaged the taxicab requests that the other person or persons ride in the taxicab. If more than one person is loaded by the taxicab driver as set forth in this paragraph, the driver shall, when one of the persons leaves the taxicab, charge that person the fare on the meter and reset the taximeter.
(g) Not drive a taxicab or go on duty while under the influence of, or impaired by, any controlled substance, dangerous drug, or intoxicating liquor or drink intoxicating liquor while on duty.
(h) Not use or consume controlled substances or dangerous drugs which impair a person’s ability to operate a motor vehicle at any time, or use or consume any other controlled substances or dangerous drugs at any time except in accordance with a lawfully issued prescription.
(i) Not operate a taxicab without a valid driver’s permit issued pursuant to NRS 706.8841 and a valid driver’s license issued pursuant to NRS 483.325 in his possession.
(j) Obey all provisions and restrictions of his employer’s certificate of public convenience and necessity.
2. If a driver violates any provision of subsection 1, the
(a) For a first offense, 1 to 5 days’ suspension of a driver’s permit or a fine of not more than $100, or both suspension and fine.
(b) For a second offense, 6 to 20 days’ suspension of a driver’s permit or a fine of not more than $300, or both suspension and fine.
(c) For a third offense, a fine of not more than $500.
In addition to the other penalties set forth in this subsection, the
3. Only violations occurring in the 12 months immediately preceding the most current violation may be considered for the purposes of subsection 2. The administrator
of the taxicab authority shall inspect the driver’s record for that period to compute the number of offenses committed.".Amend sec. 135, page 64, line 19, after "
act," by inserting:"
and section 1 of Assembly Bill No. 677 of this session".Amend sec. 135, page 64, line 21, by deleting:
"or
its administrator" and inserting "Amend sec. 135, page 64, by deleting line 23 and inserting:
"certificate or driver’s permit,".
Amend sec. 135, page 64, line 27, by deleting:
"granted by it or him, respectively," and inserting:
"
Amend sec. 135, page 64, line 29, after "
act," by inserting:"
and section 1 of Assembly Bill No. 677 of this session,".Amend sec. 135, page 64, line 33, after "
act," by inserting:"
and section 1 of Assembly Bill No. 677 of this session,".Amend sec. 135, page 64, line 36, by deleting:
"or
its administrator" and inserting "Amend sec. 135, page 64, line 40, by deleting "administrator" and inserting:
"
Amend sec. 135, page 64, line 41, by deleting "administrator" and inserting:
"
Amend sec. 135, page 65, line 1, by deleting "administrator" and inserting:
"
Amend sec. 135, page 65, line 10, by deleting:
"or
its administrator" and inserting "Amend sec. 135, page 65, line 13, by deleting:
"or
its administrator" and inserting "Amend sec. 136, page 65, by deleting lines 25 and 26.
Amend sec. 136, page 65, line 27, by deleting "(i)" and inserting "(g)".
Amend sec. 136, page 65, line 28, by deleting "(j)" and inserting "(h)".
Amend sec. 136, page 65, line 29, by deleting "(k)" and inserting "(i)".
Amend sec. 136, page 65, line 30, by deleting "(l)" and inserting "(j)".
Amend sec. 136, page 65, line 32, by deleting "(m)" and inserting "(k)".
Amend sec. 136, page 65, line 33, by deleting "(n)" and inserting "(l)".
Amend sec. 136, page 65, by deleting line 34.
Amend sec. 136, page 65, line 35, by deleting "(p)" and inserting "(m)".
Amend sec. 136, page 65, line 36, by deleting "(q)" and inserting "(n)".
Amend sec. 137, page 66, by deleting lines 17 through 20 and inserting:
"the chief of the division of insurance is the commissioner of insurance, the chief of the division of industrial relations is the".
Amend sec. 137, page 66, by deleting lines 36 and 37 and inserting:
"subsection. The provisions of this subsection do not authorize the director to preempt any authority or jurisdiction granted by".
Amend sec. 137, page 66, line 38, by deleting "as allowing" and inserting "authorize".
Amend sec. 137, page 66, line 39, by deleting:
"be in contravention of" and inserting "contravene".
Amend sec. 137, page 66, by deleting line 41 and inserting "3. May:".
Amend sec. 137, page 67, line 11, by deleting "utilize" and inserting "use".
Amend sec. 137, page 67, line 28, by deleting "so" and inserting "otherwise".
Amend sec. 137, page 67, line 36, by deleting:
"the purpose of".
Amend sec. 137, page 68, line 4, by deleting:
"pertaining to such" and inserting:
"relating to those".
Amend sec. 141, page 70, by deleting lines 18 through 20 and inserting:
"373.117 1. A regional transportation commission, a county whose population is less than 100,000 or an incorporated city within such a county may establish or operate a public transit system consisting of:
(a) Regular routes and fixed schedules to serve the public;
(b) Nonemergency medical transportation of persons to facilitate their use of a center as defined in NRS 435.170, if the transportation is available upon request and without regard to regular routes or fixed schedules;
(c) Nonmedical transportation of disabled persons without regard to regular routes or fixed schedules; or
(d) In a county whose population is less than 100,000 or an incorporated city within such a county, nonmedical transportation of persons if the transportation is available by reservation 1 day in advance of the transportation and without regard to regular routes or fixed schedules.".
Amend sec. 141, page 70, by deleting line 26 and inserting:
"(a) Minor deviations from the regular routes and fixed schedules required by paragraph (a) of subsection 1 on a".
Amend sec. 141, page 70, line 29, after "persons" by inserting:
"other than those specified in paragraph (b), (c) or (d) of subsection 1".
Amend sec. 142, page 72, line 2, after "
"
Amend sec. 145, page 75, line 17, after "in" by inserting:
"the State of".
Amend sec. 145, page 75, line 23, by deleting "arrests; and" and inserting "arrests;".
Amend sec. 145, page 75, line 26, by deleting "department." and inserting:
"department; and
(22) Criminal investigators who are employed by the secretary of state.".
Amend sec. 150, page 77, line 29, by deleting "administrator" and inserting "director".
Amend sec. 150, page 77, line 33, by deleting:
"accord with the terms" and inserting:
"accordance with the provisions".
Amend sec. 150, page 77, line 37, by deleting "division." and inserting "department.".
Amend sec. 150, page 77, by deleting lines 38 through 43, and inserting:
"3. If a brand inspection district is created by the department pursuant to the provisions of this chapter, the director shall adopt regulations defining the boundaries of the district and the fees to be collected for brand inspection and prescribing such other methods of procedure not inconsistent with the provisions of this chapter as he considers necessary.".
Amend sec. 150, page 78, line 1, by deleting "issued" and inserting "adopted".
Amend sec. 150, page 78, line 2, by deleting "some" and inserting "a".
Amend sec. 150, page 78, line 3, by deleting "regulations,
Amend sec. 150, page 78, line 6, by deleting "
Amend the bill as a whole by adding new sections designated sections 151.5 and 151.7, following sec. 151, to read as follows:
"Sec. 151.5. Section 1 of Assembly Bill No. 677 of this session is hereby amended to read as follows:
Section 1. Chapter 706 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Notwithstanding any provision of
2. A short-term lessor may establish that a vehicle was subject to the care, custody or control of a lessee at the time that the vehicle was impounded pursuant to NRS
3. Upon the receipt of a true copy of a written lease or rental agreement pursuant to subsection 2 which evidences that the vehicle impounded by the
taxicab authority pursuant to NRS4. As used in this section, "short-term lessor" has the meaning ascribed to it in NRS 482.053.
Sec. 151.7. The title of Assembly Bill No. 677 of this session is hereby amended to read as follows:
Amend sec. 152, page 83, line 1, before "NRS" by inserting "1.".
Amend sec. 152, page 83, line 4, by deleting "706.476,".
Amend sec. 152, page 83, between lines 7 and 8, by inserting:
"2. NRS 706.476 is hereby repealed.
3. Section 4 of Assembly Bill No. 677 of this session is hereby repealed.".
Amend sec. 153, page 83, line 12, by deleting "July" and inserting "October".
Amend sec. 154, page 83, line 14, by deleting "July" and inserting "October".
Amend sec. 155, page 83, line 28, by deleting "July" and inserting "October".
Amend sec. 155, page 83, line 31, by deleting "June" and inserting "September".
Amend sec. 156, page 84, line 2, by deleting "July" and inserting "October".
Amend sec. 156, page 84, line 5, by deleting "June" and inserting "September".
Amend sec. 157, page 84, line 10, by deleting:
"October 1, 1999," and inserting:
"January 1, 2000,".
Amend sec. 158, page 84, by deleting line 19 and inserting:
"January 1, 2000. The ordinance must become effective on January 1, 2000.".
Amend sec. 159, page 84, line 22, by deleting "June" and inserting "September".
Amend sec. 159, page 84, by deleting line 23 and inserting:
"2. Not later than October 1, 1999, the governor shall appoint three persons".
Amend sec. 159, page 84, line 25, by deleting "July" and inserting "October".
Amend sec. 159, page 84, line 28, by deleting "Three" and inserting "Two".
Amend sec. 159, page 84, by deleting line 29 and inserting:
"(b) One member to a 3-year term.".
Amend sec. 160, page 84, line 30, by deleting "July" and inserting "October".
Amend sec. 160, page 84, line 32, by deleting "July" and inserting "October".
Amend sec. 162, page 85, line 3, by deleting "July" and inserting "October".
Amend sec. 162.5, page 85, line 5, by deleting:
"section 15.5 of".
Amend sec. 162.5, page 85, line 6, by deleting "July" and inserting "October".
Amend sec. 163, page 85, line 7, by deleting "section" and inserting:
"section, subsection 3 of section 152".
Amend sec. 163, page 85, by deleting lines 9 through 12 and inserting:
"2. Sections 1 to 107, inclusive, 109 to 134.5, inclusive, 136 to 151, inclusive, subsection 1 of section 152 and sections 153 to 158, inclusive, 161, 162.5 and 164 of this act become effective on October 1, 1999.
3. Sections 108, 135, 151.5, 151.7 and subsection 2 of section 152 of this act become effective at 12:01 a.m. on October 1, 1999.".