Amendment No. 1205

Senate Amendment to Senate Bill No. 491 Second Reprint (BDR 58-1606)

Proposed by: Senator O’Donnell

Amendment Box: Replaces Amendment No. 1179. Resolves conflicts with S.B. No. 68 and S.B. No. 387. Makes substantive changes.

Resolves Conflicts with: SB68, SB387

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend the bill as a whole by adding a new section designated sec. 2.5, following sec. 2, to read as follows:

"Sec. 2.5. "Carrier of household goods" means any person or operator who is engaged in the business of transportation of household goods.".

Amend sec. 3, page 2, line 8, after "2." by inserting:

"With regard to a carrier of household goods, a person who holds a current certificate of public convenience and necessity which was issued for the operation of a carrier of household goods by:

(a) The previously existing public service commission of Nevada before July 1, 1981, and which has not been transferred, revoked or suspended by the transportation services authority, or by operation of law; or

(b) The transportation services authority and which has not been transferred, suspended or revoked by the transportation services authority or by operation of law.

3.".

Amend sec. 23, page 9, by deleting lines 19 and 20, and inserting:

"motor carrier] an operator of a tow car, a carrier of household goods, or a contract motor carrier with regard to the transportation of household goods, to bring the services of the operator or carrier to the attention of members of the general public.".

Amend sec. 24, page 9, line 27, by deleting "carrier or" and inserting "carrier,".

Amend sec. 24, page 9, line 28, by deleting "car." and inserting:

"car or a carrier of household goods.".

Amend sec. 26, page 9, line 41, by deleting "car." and inserting:

"car or a carrier of household goods.".

Amend sec. 27, page 10, by deleting line 12 and inserting:

"[.] , as a taxicab motor carrier or limousine motor carrier, or as a carrier of household goods.".

Amend sec. 28, page 10, by deleting lines 16 and 17 and inserting:

"dwelling and [such] other similar property as the transportation services authority may provide by regulation. The term does not include property moving from a factory".

Amend sec. 30, page 11, line 5, after "services]" by inserting:

", carriers of household goods, and contract motor carriers with regard to the transportation of household goods,".

Amend sec. 30, page 11, by deleting lines 21 through 23 and inserting:

"charges for:

(1) Intrastate transportation by [fully regulated carriers;] carriers of household goods, and contract motor carriers with regard to the transportation of household goods; and

(2) Towing services performed without the prior consent of".

Amend sec. 30, page 11, line 25, by deleting "vehicle, without" and inserting:

"vehicle,

without".

Amend sec. 30, page 11, line 26, after "car" by inserting:

", carrier of household goods".

Amend sec. 30, page 11, line 32, by deleting "vehicle" and inserting:

"vehicle, the business of carriers of household goods, or the business of contract motor carriers with regard to the transportation of household goods,".

Amend sec. 33, page 12, line 30, by deleting "car" and inserting:

"car, carrier of household goods, or contract motor carrier with regard to the transportation of household goods,".

Amend sec. 33, page 13, line 4, by deleting "operator," and inserting:

"operator or carrier,".

Amend sec. 33, page 13, line 6, by deleting "operator," and inserting:

"operator or carrier,".

Amend sec. 33, page 13, line 7, after "operator" by inserting: "or carrier".

Amend sec. 33, page 13, line 10, after "operator" by inserting: "or carrier".

Amend sec. 33, page 13, line 15, after "operator" by inserting: "or carrier".

Amend sec. 37, page 14, line 9, by deleting "cars" and inserting:

"cars, carriers of household goods, and contract motor carriers with regard to the transportation of household goods,".

Amend sec. 38, page 14, by deleting lines 25 through 31 and inserting:

"extent provided in this chapter, supervise and regulate:

(a) Every [fully regulated carrier and broker of regulated services] carrier of household goods, and every contract motor carrier with regard to the transportation of household goods, in this state in all matters directly related to those activities of the [motor carrier and broker] carrier actually necessary for the transportation of [persons or] property, including the handling and storage of that property, over and along the highways.

(b) Every operator of a tow car concerning the rates and charges".

Amend sec. 38, page 14, by deleting lines 36 through 39 and inserting:

"2. Supervise and regulate the storage of household goods and effects in warehouses and the operation and maintenance of such warehouses in accordance with the provisions of this chapter and chapter 712 of NRS.

3. Enforce the standards of safety applicable to the employees,".

Amend sec. 38, page 14, line 41, by deleting "cars" and inserting:

"cars, carriers of household goods, and contract motor carriers with regard to the transportation of household goods,".

Amend sec. 38, page 15, line 2, by deleting "cars" and inserting:

"cars, carriers of household goods, and contract motor carriers with regard to the transportation of household goods,".

Amend sec. 38, page 15, lines 4 and 5, by deleting:

"carrier.

4.] 3." and inserting "carrier.]

4.".

Amend sec. 38, page 15, line 7, after "cars" by inserting:

", carriers of household goods, or contract motor carriers with regard to the transportation of household goods,".

Amend sec. 38, page 15, by deleting lines 9 through 20 and inserting:

"(b)] All rates of [fully regulated] carriers of household goods and contract motor carriers with regard to the transportation of household goods, and rates of operators of tow cars for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle;

[(c)] (b) Classifications;

[(d)] (c) Divisions;

[(e)] (d) Allowances; and

[(f)] (e) All charges of [fully regulated] carriers of household goods and contract motor carriers with regard to the transportation of household goods, and charges of operators of tow cars for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle, including charges between carriers and compensation paid or received for the use of facilities and equipment.".

Amend sec. 38, page 15, line 23, by deleting "[5.] 4." and inserting "5.".

Amend sec. 39, page 15, lines 26 and 27, by deleting:

"[and common or contract carrier]" and inserting:

"[and common or contract] , carrier of household goods, and contract motor carrier with regard to the transportation of household goods,".

Amend sec. 39, pages 15 and 16, by deleting lines 40 through 42 on page 15 and line 1 on page 16, and inserting:

"inclusive [.] , and section 11 of this act.

2. Except as otherwise provided in subsection 3, the reports required by this section must be prepared for each".

Amend sec. 39, page 16, by deleting lines 4 through 8 and inserting:

"3. A carrier of household goods may, with the permission of the transportation services authority, prepare the reports required by this section for a year other than a calendar year that the transportation services authority specifies and submit them not later than a date specified by the transportation services authority in each year.

4. If the transportation services authority finds that necessary".

Amend sec. 42, page 16, line 38, by deleting "carrier or" and inserting "carrier,".

Amend sec. 42, page 16, line 39, after "car" by inserting:

"or carrier of household goods".

Amend sec. 42, page 17, line 5, by deleting:

"carrier or operator of a tow car" and inserting:

"carrier, operator of a tow car or carrier of household goods".

Amend sec. 43, page 17, line 34, by deleting:

"[or chapter 712 of NRS]" and inserting:

"or chapter 712 of NRS".

Amend sec. 44, page 17, lines 42 and 43, by deleting:

"operators of tow cars, taxicab motor carriers and limousine motor carriers" and inserting:

"[motor] operators of tow cars and carriers of household goods".

Amend sec. 46, page 19, line 5, after "car" by inserting:

"or carrier of household goods".

Amend sec. 47, page 19, line 37, by deleting "cars," and inserting:

"cars and carriers of household goods,".

Amend sec. 47, page 19, line 41, by deleting:

"carriers and operators of tow cars," and inserting:

"carriers, operators of tow cars and carriers of household goods,".

Amend sec. 51, page 20, line 35, by deleting:

"carrier or operator of a tow car" and inserting:

"carrier, operator of a tow car or carrier of household goods".

Amend sec. 52, page 21, line 4, by deleting:

"carrier or operator of a tow car" and inserting:

"carrier, operator of a tow car or carrier of household goods".

Amend sec. 52, page 21, line 18, after "car" by inserting:

"or a carrier of household goods".

Amend sec. 52, page 21, line 25, by deleting "[carrier] operator" and inserting:

"operator or carrier".

Amend sec. 52, page 21, line 30, by deleting:

"carrier or operator of a tow car" and inserting:

"carrier, operator of a tow car or carrier of household goods".

Amend sec. 54, page 22, line 25, by deleting "cars;" and inserting:

"cars or carriers of household goods;".

Amend sec. 54, page 22, line 26, after "such" by inserting:

"operators or".

Amend sec. 56, page 23, line 4, after "car," by inserting:

"a carrier of household goods, or a contract motor carrier with regard to the transportation of household goods,".

Amend sec. 56, page 23, line 5, by deleting:

"[or contract carrier’s permit]" and inserting:

"or contract carrier’s permit".

Amend sec. 58, page 23, line 39, after "person,]" by inserting:

", carrier of household goods, or contract motor carrier with regard to the transportation of household goods,".

Amend sec. 58, page 24, line 1, after "the vehicle" by inserting:

", or any carrier of household goods, or contract motor carrier with regard to the transportation of household goods".

Amend sec. 58, page 24, line 12, after "car" by inserting:

"or carrier of household goods".

Amend sec. 58, page 24, line 14, after "car" by inserting:

"or carrier of household goods".

Amend sec. 58, page 24, line 22, by deleting "car" and inserting:

"car, against any carrier of household goods by another carrier of household goods, or against any contract motor carrier with regard to the transportation of household goods,".

Amend sec. 63, page 26, line 24, before "issued" by inserting "or permit".

Amend sec. 63, page 26, line 28, before "issued" by inserting "or permit".

Amend sec. 63, page 26, line 33, by deleting:

". [, permit or license.]" and inserting:

"[, permit or license.] or permit.".

Amend sec. 63, page 26, line 35, before "by" by inserting "or permit".

Amend sec. 63, page 26, line 37, before "without" by inserting "or permit".

Amend sec. 64, page 27, lines 6 and 7, by deleting:

"carrier or operator of a tow car" and inserting:

"carrier, operator of a tow car or carrier of household goods".

Amend sec. 65, page 27, line 26, after "[who]" by inserting:

"or carrier of household goods".

Amend sec. 69, page 28, by deleting lines 37 through 41 and inserting:

"706.311 1. Except as otherwise provided in subsection 2, every [common and contract motor] carrier of household goods is required to furnish reasonably adequate service and facilities, and all transportation charges made by any such carrier must be just and reasonable.

2. Every operator of a tow car is required to furnish reasonably".

Amend sec. 69, page 29, line 3, by deleting "[3.] 2." and inserting "3.".

Amend sec. 69, page 29, line 4, by deleting:

"[such carrier or]" and inserting:

"such carrier or".

Amend sec. 70, page 29, by deleting lines 7 through 20 and inserting:

"706.321 1. [Except as otherwise provided in subsection 2, every common or contract motor carrier] Every carrier of household goods shall file with the transportation services authority:

(a) Within a time to be fixed by the transportation services authority, schedules and tariffs that must:

(1) Be open to public inspection; and

(2) Include all rates [, fares] and charges which the carrier has established and which are in force at the time of filing for any service performed in connection therewith by any carrier controlled and operated by it.

(b) As a part of that schedule, all regulations of the carrier that in any manner affect the rates [or fares] charged or to be charged for any service and all regulations of the carrier that the carrier has adopted to comply with the provisions of NRS 706.011 to 706.791, inclusive [.] , and section 11 of this act.

2. Every operator of a tow car shall file with the transportation".

Amend sec. 70, page 29, by deleting lines 35 through 37 and inserting:

"inclusive [.] , and section 11 of this act.

3. No changes may be made [in any schedule, including schedules of".

Amend sec. 70, page 29, line 42, by deleting "car," and inserting:

"car or carrier of household goods,".

Amend sec. 70, page 30, line 1, by deleting:

"[carrier] operator of a tow car" and inserting:

"operator of a tow car or carrier of household goods".

Amend sec. 71, page 30, line 27, after "car" by inserting:

"or a carrier of household goods".

Amend sec. 71, page 30, line 29, after "car" by inserting:

"or carrier of household goods".

Amend sec. 72, page 31, line 7, after "car" by inserting:

"or carrier of household goods".

Amend sec. 74, page 32, line 8, by deleting "[1.]" and inserting "1.".

Amend sec. 74, page 32, by deleting lines 15 through 21 and inserting:

"2. A [common motor carrier, other than an operator of a tow car,] carrier of household goods authorized to operate by NRS 706.011 to 706.791, inclusive, and section 11 of this act shall not discontinue any service established pursuant to the provisions of NRS 706.011 to 706.791, inclusive, and section 11 of this act and all other laws relating thereto and made applicable thereto by NRS 706.011 to 706.791, inclusive, and section 11 of this act without an order of the transportation services authority granted only after public notice or hearing in the event of protest.".

Amend sec. 75, page 32, line 27, after "car" by inserting:

"and carrier of household goods".

Amend sec. 75, page 32, line 34, by deleting "cars," and inserting:

"cars or two or more carriers of household goods,".

Amend sec. 76, pages 33 and 34, by deleting lines 36 through 43 on page 33 and lines 1 through 11 on page 34, and inserting:

"4. This section does not prohibit [common motor] carriers of household goods from giving free or reduced rates for the transportation of property of:

(a) Their officers, commission agents or employees, or members of any profession licensed under Title 54 of NRS retained by them, or pensioned or disabled former employees, together with that of their dependents.

(b) Witnesses attending any legal investigations in which such carriers are interested.

(c) Persons providing relief in cases of common disaster.

(d) Charitable organizations providing food and items for personal hygiene to needy persons or to other charitable organizations within this state.

5. [This section does not prohibit the authority from establishing reduced rates, fares or charges for specified routes or schedules of any common motor carrier providing transit service if the reduced rates, fares or charges are determined by the authority to be in the public interest.

6. Only fully regulated common carriers may provide free or reduced rates for the transportation of passengers or household goods, pursuant to the provisions of this section.

7.] As used in this section, "employees" includes:".

Amend sec. 76, page 34, line 14, after "a" by inserting:

"carrier of household goods,".

Amend sec. 79, page 35, line 41, by deleting "vehicle" and inserting:

"vehicle, or as a carrier of household goods or a contract motor carrier with regard to the transportation of household goods,".

Amend the bill as a whole by adding a new section designated sec. 79.5, following sec. 79, to read as follows:

"Sec. 79.5. NRS 706.391 is hereby amended to read as follows:

706.391 1. Upon the filing of an application for a certificate of public convenience and necessity to operate as a [motor carrier other than an operator of a tow car,] carrier of household goods, the transportation services authority shall fix a time and place for hearing thereon.

2. The transportation services authority shall issue such a certificate if it finds that:

(a) The applicant is fit, willing and able to perform the services of a [common motor carrier;] carrier of household goods;

(b) The proposed operation will be consistent with the legislative policies set forth in NRS 706.151;

(c) The granting of the certificate will not unreasonably and adversely affect other carriers of household goods operating in the territory for which the certificate is sought; and

(d) The proposed service will benefit the traveling and shipping public and the [motor carrier] business of carriers of household goods in this state.

3. The transportation services authority shall not find that the potential creation of competition in a territory which may be caused by the granting of a certificate, by itself, will unreasonably and adversely affect other carriers operating in the territory for the purposes of paragraph (c) of subsection 2.

4. An applicant for such a certificate has the burden of proving to the transportation services authority that the proposed operation will meet the requirements of subsection 2.

5. The transportation services authority may issue a certificate of public convenience and necessity to operate as a [common motor carrier,] carrier of household goods, or issue it for:

(a) The exercise of the privilege sought.

(b) The partial exercise of the privilege sought.

6. The transportation services authority may attach to the certificate such terms and conditions as, in its judgment, the public interest may require.

7. The transportation services authority may dispense with the hearing on the application if, upon the expiration of the time fixed in the notice thereof, no petition to intervene has been filed on behalf of any person who has filed a protest against the granting of the certificate.".

Amend sec. 80, page 36, line 5, after "car" by inserting:

"or a carrier of household goods".

Amend sec. 80, page 36, line 9, after "car" by inserting:

"or a carrier of household goods".

Amend sec. 80, page 36, line 10, by deleting "[carrier] operator" and inserting:

"operator or carrier".

Amend sec. 80, page 36, line 14, after "car" by inserting:

"or a carrier of household goods".

Amend the bill as a whole by adding new sections designated sections 81.1, 81.3, 81.5, 81.7 and 81.9, following sec. 81, to read as follows:

"Sec. 81.1. NRS 706.421 is hereby amended to read as follows:

706.421 It is unlawful for any person to act as a contract motor carrier [to act as such] with regard to the transportation of household goods within this state in intrastate commerce without first having obtained a permit therefor.

Sec. 81.3. NRS 706.426 is hereby amended to read as follows:

706.426 An application for a permit for a new operation as a contract motor carrier [shall] with regard to the transportation of household goods must be:

1. Made to the transportation services authority in writing.

2. In such form and be accompanied by such information as the transportation services authority may require.

Sec. 81.5. NRS 706.431 is hereby amended to read as follows:

706.431 1. A permit may be issued to any applicant therefor, authorizing in whole or in part the operation covered by the application, if it appears from the application or from any hearing held thereon that:

(a) The applicant is fit, willing and able properly to perform the service of a contract motor carrier and to conform to all provisions of NRS 706.011 to 706.791, inclusive, and section 11 of this act, and the regulations adopted thereunder; and

(b) The proposed operation will be consistent with the public interest and will not operate to defeat the legislative policy set forth in NRS 706.151.

2. An application must be denied if the provisions of subsection 1 are not met.

3. The transportation services authority shall revoke or suspend pursuant to the provisions of this chapter the permit of a contract motor carrier who has failed to file the annual report required in NRS 706.167 within 60 days after the report is due.

4. The transportation services authority shall adopt regulations providing for a procedure by which any contract entered into by a contract motor carrier after he has been issued a permit pursuant to this section may be approved by the transportation services authority without giving notice required by statute or by a regulation of the transportation services authority.

Sec. 81.7. NRS 706.442 is hereby amended to read as follows:

706.442 Any person engaging in the intrastate transportation or storage of household goods shall comply with the following requirements:

1. Upon the request of a person seeking service, the carrier of household goods shall provide the person with a written, binding estimate of the cost of providing the requested service.

2. The charges assessed for the service rendered may not exceed the amount in the written estimate, unless the customer requested services in addition to those included in the written estimate and agreed to pay additional charges.

3. If the person for whom service was provided pays any amount consistent with the provisions of subsection 2, the provider of service shall release immediately any household goods that were transported or stored to that person.

4. If a person requesting service alleges that any household goods were damaged or lost, the person that provided the service shall:

(a) Attempt to resolve the dispute; and

(b) Identify the carrier of his insurance and explain the procedures to file a claim.

5. The provider of service shall advise all persons for whom service is to be performed of their right to file a complaint with the transportation services authority and provide the address and telephone number of the nearest business office of the transportation services authority.

6. Any other terms and conditions which the transportation services authority may by regulation prescribe to protect the public.

Sec. 81.9. NRS 706.443 is hereby amended to read as follows:

706.443 1. The provisions of NRS 706.442 apply whether or not the person providing the service has received authority to operate from the transportation services authority.

2. The transportation services authority shall enforce the provisions of NRS 706.442 and consider complaints regarding violations of the provisions of that section pursuant to the provisions of this chapter. In addition to any other remedies, the transportation services authority may order the release of any household goods that are being held by the provider of service subject to the terms and conditions that the transportation services authority determines to be appropriate and may order the refund of overcharges.

3. The transportation services authority may use the remedies provided in NRS 706.457, 706.461, 706.756, 706.761, 706.771 and 706.779 and any other remedy available under other law.

4. The transportation services authority shall adopt regulations regarding the administration and enforcement of this section and NRS 706.442.".

Amend sec. 89, page 40, line 7, before "A" by inserting "1.".

Amend sec. 89, page 40, line 10, by deleting "1." and inserting "(a)".

Amend sec. 89, page 40, line 12, by deleting "2." and inserting "(b)".

Amend sec. 89, page 40, line 14, by deleting "3." and inserting "(c)".

Amend sec. 89, page 40, line 16, by deleting "4." and inserting "(d)".

Amend sec. 89, page 40, line 18, by deleting "5." and inserting "(e)".

Amend sec. 89, page 40, line 20, by deleting "6." and inserting "(f)".

Amend sec. 89, page 40, line 24, by deleting "7." and inserting "2.".

Amend sec. 89, page 40, between lines 28 and 29, by inserting:

"3. Except as otherwise provided in this subsection, if an operator of a tow car is included on a list of operators of tow cars that is maintained and used by the Nevada highway patrol pursuant to this section, the Nevada highway patrol shall not remove the operator of the tow car from the list, or restrict his use pursuant thereto, solely on the ground that the operator is insured under the same policy of insurance as one other operator of a tow car who is included on the list and operates in the same geographical area. An operator of a tow car is not eligible for inclusion on the list if the operator is insured under the same policy of insurance as two or more other operators of tow cars who are included on the list and operate in the same geographical area.".

Amend sec. 92, page 41, line 13, by deleting:

"[or a required permit]" and inserting:

"or a required permit".

Amend sec. 94, page 42, line 9, by deleting:

"[or contract carrier’s permit]" and inserting:

"or contract carrier’s permit".

Amend sec. 94, page 42, by deleting lines 13 through 17 and inserting:

"(a) Person is advertising to provide:

(1) The services of a [fully regulated carrier in intrastate commerce;] carrier of household goods or a contract motor carrier with regard to the transportation of household goods; or

(2) Towing services [,] performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle,

without including the number of his certificate of".

Amend the bill as a whole by adding a new section designated sec. 96.5, following sec. 96, to read as follows:

"Sec. 96.5. NRS 706.476 is hereby amended to read as follows:

706.476 [Except as otherwise provided in section 1 of Assembly Bill No. 677 of this session:]

1. A vehicle used as a [taxicab, limousine or other passenger vehicle in passenger service] carrier of household goods must be impounded by the transportation services authority if a certificate of public convenience and necessity has not been issued authorizing its operation. A hearing must be held by the transportation services authority no later than the conclusion of the second normal business day after impoundment, weekends and holidays excluded. As soon as practicable after impoundment, the transportation services authority shall notify the registered owner of the vehicle:

(a) That the registered owner of the vehicle must post a bond in the amount of $20,000 to ensure his presence at all proceedings held pursuant to this section;

(b) Of the time set for the hearing; and

(c) Of his right to be represented by counsel during all phases of the proceedings.

2. The transportation services authority shall hold the vehicle until the registered owner of the vehicle appears and:

(a) Proves that he is the registered owner of the vehicle;

(b) Proves that he holds a valid certificate of public convenience and necessity;

(c) Proves that the vehicle meets all required standards of the transportation services authority; and

(d) Posts a bond in the amount of $20,000 with the transportation services authority.

The transportation services authority shall return the vehicle to its registered owner when the owner meets the requirements of this subsection and pays all costs of impoundment.

3. If the registered owner is unable to meet the requirements of paragraph (b) or (c) of subsection 2, the transportation services authority may assess an administrative fine against the registered owner for each such violation in the amount of $5,000. The maximum amount of the administrative fine that may be assessed against a registered owner for a single impoundment of his vehicle pursuant to this section is $10,000. The transportation services authority shall return the vehicle after any administrative fine imposed pursuant to this subsection and all costs of impoundment have been paid.".

Amend sec. 97, page 43, lines 24 and 25, by deleting:

"carrier or an operator of a tow car" and inserting:

"carrier, an operator of a tow car or a carrier of household goods".

Amend sec. 99, page 44, by deleting lines 31 through 35 and inserting:

"services authority to issue:

(a) Except as otherwise provided in paragraph (b), certificates of public convenience and necessity and contract carriers’ permits and to regulate rates, routes and services apply only to [fully regulated carriers.] carriers of household goods, and contract motor carriers with regard to the transportation of household goods.

(b) Certificates of public convenience and necessity to".

Amend sec. 100, page 45, line 4, by deleting "[and 706.421]" and inserting "and 706.421".

Amend sec. 101, page 46, line 41, by deleting "vehicle" by inserting:

"vehicle, or the services of a carrier of household goods or a contract motor carrier with regard to the transportation of household goods,".

Amend sec. 101, page 47, line 4, by deleting "vehicle" and inserting:

"vehicle, or the services of a carrier of household goods or a contract motor carrier with regard to the transportation of household goods,".

Amend sec. 101, page 47, line 5, by deleting:

"[or contract carrier’s permit]" and inserting:

"or contract carrier’s permit".

Amend sec. 101, page 47, line 31, by deleting "[or 706.421]" and inserting "or 706.421".

Amend sec. 102, page 48, line 14, after "certificate" by inserting "or permit".

Amend sec. 102, page 48, line 30, after "certificate" by inserting "or permit".

Amend sec. 102, page 48, line 33, by deleting the italicized period and inserting "or permit."

Amend sec. 103, page 48, line 36, after "car" by inserting:

", carrier of household goods, or contract motor carrier with regard to the transportation of household goods,".

Amend sec. 103, page 49, line 2, after "car" by inserting:

", carrier of household goods, or contract motor carrier with regard to the transportation of household goods,".

Amend sec. 105, page 49, line 38, before "appropriate" by inserting:

"transportation services authority, the".

Amend sec. 106, page 49, line 43, by deleting ", [or" and inserting "or".

Amend sec. 106, page 50, line 1, by deleting "706.421,]" and inserting "706.421,".

Amend sec. 116, page 53, by deleting lines 31 and 32 and inserting:

"reflects the number of limousines that each certificate holder is authorized by the taxicab authority to operate as of the date on which the allocation is made.".

Amend sec. 116, page 53, by deleting lines 38 through 40 and inserting:

"4. Unless a certificate holder puts the additionally allocated [taxicabs] :

(a) Taxicabs into service within 30 days after the effective date of the increased allocation [,] ; or

(b) Limousines into service within 180 days after the effective date of the increased allocation,

the increased allocation to that certificate".

Amend sec. 116, page 54, by deleting lines 12 through 16 and inserting:

"established pursuant to subsection 2, the number of limousines that must be allocated to a certificate holder to whom the taxicab authority thereafter issues an initial certificate of public convenience and necessity must be based on the number of limousines that the certificate holder places into operation within 180 days after the date on which the certificate of public convenience and necessity is issued to the certificate holder. Thereafter, the certificate holder is subject to all other provisions".

Amend sec. 120, page 56, line 28, by deleting "July" and inserting "October".

Amend sec. 129, page 61, line 5, by deleting "1." and inserting:

"Except as otherwise provided in section 1 of Assembly Bill No. 677 of this session:

1.".

Amend sec. 132, page 63, line 2, after "drivers" by inserting "of taxicabs".

Amend the bill as a whole by deleting sec. 139 and adding:

"Sec. 139. (Deleted by amendment.)".

Amend the bill as a whole by deleting sec. 145 and adding:

"Sec. 145. (Deleted by amendment.)".

Amend sec. 146, page 77, line 35, by deleting "or".

Amend sec. 146, page 77, line 36, by deleting the italicized period and inserting:

"or a carrier of household goods as defined in section 2.5 of this act.".

Amend the bill as a whole by adding a new section designated sec. 151.8, following sec. 151.7, to read as follows:

"Sec. 151.8. Section 5 of Senate Bill No. 68 of this session is hereby amended to read as follows:

Sec. 5. "Category II peace officer" means:

1. The bailiff of the supreme court;

2. The bailiffs of the district courts, justices’ courts and municipal courts whose duties require them to carry weapons and make arrests;

3. Constables and their deputies whose official duties require them to carry weapons and make arrests;

4. Inspectors employed by the transportation services authority who exercise those powers of enforcement conferred by chapters 706 and 712 of NRS;

5. Parole and probation officers;

6. Special investigators who are employed full time by the office of any district attorney or the attorney general;

7. Investigators of arson for fire departments who are specially designated by the appointing authority;

8. The assistant and deputies of the state fire marshal;

9. The brand inspectors of the division of agriculture of the department of business and industry who exercise the powers of enforcement conferred by chapter 565 of NRS;

10. Investigators for the state forester firewarden who are specially designated by him and whose primary duties are related to the investigation of arson;

11. School police officers employed by the board of trustees of any county school district;

12. Agents of the state gaming control board who exercise the powers of enforcement specified in NRS 289.360, 463.140 or 463.1405, except those agents whose duties relate primarily to auditing, accounting, the collection of taxes or license fees, or the investigation of applicants for licenses;

13. Investigators and administrators of the bureau of enforcement of the registration division of the department of motor vehicles and public safety who perform the duties specified in subsection 3 of NRS 481.048;

14. Officers and investigators of the section for the control of emissions from vehicles of the registration division of the department of motor vehicles and public safety who perform the duties specified in subsection 3 of NRS 481.0481;

15. Legislative police officers of the State of Nevada;

16. The personnel of the capitol police division of the department of motor vehicles and public safety appointed pursuant to subsection 2 of NRS 331.140;

17. Parole counselors of the division of child and family services of the department of human resources;

18. Juvenile probation officers and deputy juvenile probation officers employed by the various judicial districts in the State of Nevada or by a department of family, youth and juvenile services established pursuant to NRS 62.1264 whose official duties require them to enforce court orders on juvenile offenders and make arrests;

19. Field investigators of [the] a taxicab authority;

20. Security officers employed full time by a city or county whose official duties require them to carry weapons and make arrests;

21. The chief of a department of alternative sentencing created pursuant to NRS 211A.080 and the assistant alternative sentencing officers employed by that department; and

22. Criminal investigators who are employed by the secretary of state.".

Amend sec. 152, page 85, by deleting line 28 and inserting:

"706.396, 706.436,".

Amend sec. 152, page 85, by deleting lines 30 and 31 and inserting:

"706.8816, 706.8817, 706.8818 and 706.8828 are hereby".

Amend sec. 152, page 85, by deleting line 33.

Amend sec. 152, page 85, line 34, by deleting "3." and inserting "2."

Amend sec. 158, page 87, line 2, by deleting:

"sections 20 and 21" and inserting "section 20".

Amend sec. 158, page 87, by deleting line 6 and inserting:

"October 1, 1999. The ordinance must become effective on October 1, 1999.".

Amend the bill as a whole by adding new sections designated sections 161.3 and 161.7, following sec. 161, to read as follows:

"Sec. 161.3. Notwithstanding any provision of section 116 of this act to the contrary, a taxicab authority shall not establish a system of allocations for limousines in accordance with section 116 of this act on or before March 1, 2000.

Sec. 161.7. 1. On October 1, 1999, the transportation services authority shall, with respect to each application for a certificate of public convenience and necessity to operate as a taxicab motor carrier or limousine motor carrier which has been filed with it and which it has not approved or denied as of that date, transfer the application:

(a) To the appropriate taxicab authority that has jurisdiction over the applicant; or

(b) If the applicant is based and will primarily operate in a county that has enacted an ordinance pursuant to section 20 of this act to exclude the county from the jurisdiction of a taxicab authority, to the board of county commissioners of that county.

2. An application that is transferred to a taxicab authority pursuant to subsection 1 shall be deemed to have been filed with the taxicab authority.".

Amend sec. 163, page 87, line 37, by deleting:

"subsection 3 of section 152 and sections" and inserting:

"sections 20 and 21, subsection 2 of section 152 and sections 158,".

Amend sec. 163, page 87, line 39, before "107" by inserting:

"19, inclusive, 22 to 96, inclusive, 97 to".

Amend sec. 163, page 87, by deleting line 40 and inserting:

"inclusive, 151.8, subsection 1 of section 152 and sections 153 to 157, inclusive,".

Amend sec. 163, page 87, line 41, after "161," by inserting "161.3, 161.7,".

Amend sec. 163, page 87, by deleting lines 42 and 43 and inserting:

"3. Sections 108, 135, 151.5 and 151.7 of this act become effective at 12:01 a.m. on October 1, 1999.".

Amend the leadlines of repealed sections by deleting the leadlines of NRS 706.391, 706.421, 706.426, 706.431, 706.442, 706.443, 706.476. 712.010, 712.020, 712.030, 712.040, 712.050, 712.060, 712.070, 712.080 and 712.090.

Amend the title of the bill, second line, by deleting "cars," and inserting:

"cars and carriers of household goods,".

Amend the summary of the bill, second line, after "cars," by inserting:

"carriers of household goods,".