EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. Chapter 706 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 to 31, inclusive, of this act.

1-3 Sec. 2. "Certificate holder" means a person who holds a current

1-14 law; or

2-1 3. The transportation services authority and which has not been

2-2 transferred, suspended or revoked by the transportation services

2-3 authority or by operation of law.

2-4 Sec. 3. "Contested case" means any matter that is before the

2-5 authority concerning a complaint, a citation, the impoundment of a

2-6 vehicle, a request for affirmative relief, or any other proceeding in which

2-7 a certificate or permit may be suspended or revoked or an administrative

2-8 penalty imposed. The term does not include any other application,

2-9 petition or filing for the purposes of NRS 233B.121 to 233B.127,

2-10 inclusive.

2-11 Sec. 4. "Driver" means a person who operates a taxicab, limousine,

2-12 bus or tow car, or a vehicle used for the movement of household goods,

2-13 which is subject to the jurisdiction of the transportation services

2-14 authority. A driver includes a certificate holder when he operates a

2-15 taxicab.

2-16 Sec. 5. "Limousine" means a motor vehicle, other than a taxicab,

2-17 which has a capacity of less than 16 persons, including the driver, and is

2-18 engaged in the business of the general transportation of persons, whether

2-19 or not the operator of the limousine charges a fee therefor.

2-20 Sec. 6. "Party" means:

2-21 1. An applicant, a petitioner, a complainant, a member of the staff of

2-22 the authority, or any other moving party in a proceeding before the

2-23 authority;

2-24 2. A respondent to a complaint before the authority; or

2-25 3. An intervenor admitted by the authority to participate in any

2-26 proceeding before the authority, as prescribed by the authority by

2-27 regulation.

2-28 Sec. 7. "Petition for reconsideration" means a petition that:

2-29 1. Is filed by a party who is aggrieved by a decision of the authority;

2-30 2. Is based on the record of that decision; and

2-31 3. Identifies specific portions of that decision which the petitioner

2-32 deems to be unlawful, unreasonable or based on erroneous conclusions

2-33 of law or mistaken facts.

2-34 Sec. 8. "Regulated carrier" means any person who is engaged in the

2-39 permit from the authority.

2-40 Sec. 9. "Taximeter" means an instrument used in a taxicab for

2-41 indicating the passenger fare charged.

3-1 Sec. 10. The provisions of NRS 706.321 to 706.331, inclusive, and

3-2 section 30 of this act do not apply to taxicabs which operate in a county

3-3 whose population is 400,000 or more.

3-4 Sec. 11. If the authority does not issue a notice for a hearing or

3-5 otherwise take action on an application, a petition or any other request

3-6 for affirmative relief within 45 days after the date on which the

3-7 application, petition or request is filed with the authority, the party who

3-8 filed the application, petition or request may request that the authority set

3-9 a prehearing conference within 45 days thereafter. The authority may

3-10 grant such a request if:

3-11 1. The request is made in writing on a form approved by the

3-12 authority;

3-13 2. The party requesting the prehearing conference has paid to the

3-14 authority all filing fees and costs for any applications and investigations

3-15 that have been billed to the party by the authority;

3-16 3. The party is not in violation of any order of the authority;

3-17 4. The party is not delinquent in his response to any request for data

3-18 or other information made by the staff of the authority; and

3-19 5. There is no vacancy in the membership of the authority.

3-20 Sec. 12. A petition for reconsideration must be filed with the

3-21 authority not later than 15 days after the date on which the decision of

3-22 the authority is served on the party. The authority shall serve an order

3-23 granting or denying the petition upon all parties not later than 60 days

3-24 after the date on which the petition is filed.

3-25 Sec. 13. 1. Any party who is:

3-26 (a) Admitted as a party of record by the authority in an administrative

3-27 proceeding before the authority;

3-28 (b) Aggrieved by a final decision of the authority in that

3-29 administrative proceeding; and

3-30 (c) Denied reconsideration of the decision, in whole or in part, by the

3-31 authority,

3-32 is entitled to judicial review of the decision.

3-33 2. A petition for judicial review must:

3-34 (a) Name the authority, and all other parties of record to the

3-35 administrative proceeding, as respondents; and

3-36 (b) Be filed in a court of competent jurisdiction within 30 days after

3-37 the date on which the order of the authority denying, in whole or in part,

3-38 the petition for reconsideration is served on the party.

3-39 3. A cross-petition for judicial review must be filed with the court

3-40 within 10 days after the date on which the petition for judicial review is

3-41 served on the party. The petition for judicial review and any cross-

3-42 petitions for judicial review must be served upon the authority and each

3-43 party not later than 15 days after the date on which the petition or cross

4-1 petition is filed with the court unless, upon a showing of good cause, the

4-2 court extends the time for such service.

4-3 4. If the authority or any party wants to participate in the

4-4 proceedings for judicial review, the authority or other party shall file a

4-5 statement of intent to participate in such proceedings and serve the

4-6 statement of intent upon the authority and every other party upon whom

4-7 the petition was served not later than 20 days after the date on which the

4-8 petition for judicial review was served.

4-9 5. On or before the date of filing a petition for the judicial review of

4-10 any final decision of the authority which imposes a fee, fine or other

4-11 monetary penalty, the petitioner shall pay to the authority under protest

4-12 all such fees, fines and monetary penalties.

4-13 6. The provisions of sections 11 to 18, inclusive, of this act are the

4-14 exclusive means of judicial review of, or judicial action concerning, a

4-15 final decision in a contested case involving the authority.

4-16 Sec. 14. Within 45 days after the date on which a petition for

4-17 judicial review is served, or such time as is authorized by the court, and

4-18 upon payment by the petitioner of such reasonable costs and fees as the

4-19 authority may prescribe, the authority shall transmit to the reviewing

4-20 court the original or a certified copy of the entire record of the

4-21 proceeding under review, including a transcript of the evidence resulting

4-22 in the final decision of the authority. The record may be limited by

4-23 stipulation of the parties to the proceeding. A party who unreasonably

4-24 refuses to stipulate to the limiting of the record, as determined by the

4-25 court, may be assessed by the court any additional costs. The court may

4-26 require or otherwise authorize subsequent corrections or additions to the

4-27 record.

4-28 Sec. 15. 1. A petitioner or cross-petitioner who is seeking judicial

4-29 review shall file and serve a memorandum of points and authorities

4-30 within 30 days after the date on which the authority gives written notice

4-31 to the parties that the record of the proceeding under review has been

4-32 filed with the court.

4-33 2. The respondent or cross-petitioner shall file and serve a reply

4-34 memorandum of points and authorities within 30 days after the date on

4-35 which the memorandum of points and authorities is served pursuant to

4-36 subsection 1.

4-37 3. The petitioner or cross-petitioner may serve and file a

4-38 memorandum of points and authorities in response to the reply

4-39 memorandum served pursuant to subsection 2 within 15 days after the

4-40 date on which the reply memorandum is served.

4-41 4. Within 7 days after the expiration of the time within which the

4-42 petitioner is required to reply, any party may request a hearing. Unless a

5-1 request for a hearing is filed, the matter shall be deemed to be submitted

5-2 for judicial review.

5-3 5. A memorandum of points and authorities filed in a proceeding

5-4 involving a judicial review must be in the form provided by the Nevada

5-5 Rules of Appellate Procedure.

5-6 6. The court may, for good cause shown, extend the time for filing a

5-7 memorandum of points and authorities pursuant to this section.

5-8 Sec. 16. 1. Judicial review of a final decision of the authority must

5-9 be:

5-10 (a) Conducted by the court without a jury; and

5-11 (b) Confined to the record.

5-12 2. A final decision of the authority shall be deemed to be reasonable

5-13 and lawful until a court has reversed or set aside all or any part of the

5-14 decision. The burden of proof is on the party challenging the final

5-15 decision to show that the final decision is invalid pursuant to subsection

5-16 3.

5-17 3. The court shall not substitute its judgment for that of the authority

5-18 as to the weight of the evidence on a question of fact. The court may

5-19 remand or affirm the final decision or set it aside in whole or in part if a

5-20 substantial right of the petitioner has been prejudiced because the final

5-21 decision of the authority is:

5-22 (a) In violation of constitutional or statutory provisions;

5-23 (b) Beyond the statutory authority of the authority;

5-24 (c) Made upon unlawful procedure;

5-25 (d) Affected by other error of law;

5-26 (e) Clearly erroneous in view of the reliable, probative and substantial

5-27 evidence on the whole record; or

5-28 (f) Arbitrary or capricious, or characterized by an abuse of discretion

5-29 by the authority.

5-30 Sec. 17. 1. A petitioner who applies for a stay of the final decision

5-31 of the authority shall file and serve a written motion for the stay on the

5-32 authority and all parties of record to the proceeding at the time when the

5-33 petition for judicial review is filed.

5-34 2. In determining whether to grant a stay, the court shall consider

5-35 the same factors as are considered for a preliminary injunction pursuant

5-36 to the Nevada Rules of Civil Procedure.

5-37 3. In making its ruling, the court shall:

5-38 (a) Give deference to the trier of fact; and

5-39 (b) Consider the risk to the public of staying the administrative

5-40 decision.

5-41 4. The petitioner must provide security before the court may issue a

5-42 stay pursuant to this section.

6-1 Sec. 18. An aggrieved party may obtain a review of any judgment of

6-2 the district court by appeal to the supreme court of the State of Nevada.

6-3 The appeal must be taken as in other civil cases.

6-4 Sec. 19. 1. For the issuance, and for each annual renewal, of a

6-5 certificate of public convenience and necessity, a regulated carrier shall

6-6 pay to the authority:

6-7 (a) For each taxicab which it operates pursuant to the certificate, a fee

6-8 of not more than $500, as determined by regulation of the authority.

6-9 (b) For each limousine which it operates pursuant to the certificate, a

6-10 fee of not more than $1,000, as determined by regulation of the

6-11 authority.

6-12 (c) For each bus that it operates pursuant to the certificate, a fee of

6-13 not more than $500, as determined by regulation of the authority.

6-14 (d) For each carrier of household goods which it operates pursuant to

6-15 the certificate, a fee of not more than $500, as determined by regulation

6-16 of the authority.

6-17 (e) For each tow car which it operates pursuant to the certificate, a fee

6-18 of not more than $500, as determined by regulation of the authority.

6-19 2. The fees provided for in this section must be paid on or before

6-20 January 1 of each year. The amount of the initial fee for a new

6-21 certificate of public convenience and necessity must be reduced by one-

6-22 twelfth for each month that has elapsed since the beginning of the

6-23 calendar year in which operation is begun. Money collected pursuant to

6-24 this section must be deposited in the state treasury for credit to the

6-25 transportation services authority regulatory fund.

6-26 3. Any person who fails to pay any fee on or before the date

6-27 prescribed in this section shall pay a penalty of 10 percent of the amount

6-28 of the fee plus interest on the amount of the fee at the rate of 1 percent

6-29 per month, or fraction thereof, from the date the fee is due until the date

6-30 of payment.

6-31 Sec. 20. 1. In addition to any fees that may be imposed by the

6-32 authority pursuant to section 19 of this act, a person who enters into a

6-33 lease agreement with an independent contractor pursuant to NRS

6-34 706.473 shall, at the time that he submits the agreement to the authority

6-35 for approval, and on or before January 1 of each year thereafter during

6-36 the term of the lease agreement, pay to the authority a fee of not more

6-37 than $500, as determined by regulation of the authority. Money collected

6-38 pursuant to this section must be deposited in the state treasury for credit

6-39 to the transportation services authority regulatory fund.

6-40 2. The authority shall not approve a lease agreement pursuant to

6-41 NRS 706.473 unless the lease agreement that is submitted to the

6-42 authority for approval includes the fee required by this section. The

6-43 amount of the initial fee for a new lease agreement must be reduced one

7-1 twelfth for each month that has elapsed since the beginning of the

7-2 calendar year in which approval of the lease agreement is sought.

7-3 3. Any person who fails to pay the fee required by this section on or

7-4 before the date prescribed in this section shall pay a penalty of 10 percent

7-5 of the amount of the fee plus interest on the amount of the fee at the rate

7-6 of 1 percent per month, or fraction thereof, from the date the fee is due

7-7 until the date of payment.

7-8 Sec. 21. 1. Except as otherwise provided in this section, a holder of

7-26 authority shall withdraw its approval of the lease agreement.

7-27 Sec. 22. 1. An independent contractor must obtain a driver’s

7-28 permit pursuant to NRS 706.8841 before he may operate a taxicab

7-29 pursuant to a lease agreement entered into pursuant to NRS 706.743.

7-30 2. In addition to the driver’s permit, an independent contractor must

7-31 obtain a special driver’s permit from the authority in accordance with

7-32 regulations adopted by the authority. The annual fee for a special

7-33 driver’s permit is $150.

7-34 3. On and after October 1, 2000, the authority shall not approve a

7-35 lease agreement unless the independent contractor with whom the

7-36 agreement is made has held a driver’s permit in good standing issued by

7-37 the authority pursuant to NRS 706.8841 for at least 1 year.

7-38 Sec. 23. 1. On and after October 1, 1999, the number of lease

7-39 agreements that the authority may approve pursuant to NRS 706.473

7-40 must not exceed the number of existing lease agreements that have been

7-41 approved by the authority as of that date.

7-42 2. Beginning on January 1, 2000, and on each January 1 thereafter,

7-43 the number of lease agreements that the authority may approve pursuant

8-1 to NRS 706.473 must be reduced by a number that is equal to one-

8-2 seventh of the number of lease agreements that are authorized for

8-3 approval as of the date of the calculation. If one-seventh of the number

8-4 of lease agreements is not equal to a whole number, the nearest whole

8-5 number above the computed amount must be used.

8-6 Sec. 24. 1. On and after January 1, 2006, a person who holds a

8-7 certificate of public convenience and necessity which was issued for the

8-8 operation of a taxicab business shall not lease a taxicab to any

8-9 independent contractor, regardless of whether the independent

8-10 contractor holds a certificate of public convenience and necessity to

8-11 operate a taxicab business.

8-12 2. The authority shall not approve any such lease agreements on or

8-13 after January 1, 2006.

8-14 Sec. 25. A lien provided by NRS 706.476 is paramount to all private

8-43 the lien has attached.

9-1 4. The lien remains on the vehicle in accordance with this section

9-2 regardless of the physical possession of the vehicle.

9-3 Sec. 26. 1. The board of county commissioners of any county in

9-4 which there is in effect an order for the allocation of taxicabs from the

9-5 authority, and the governing body of each city within any such county,

9-6 shall deposit with the state treasurer to the credit of the transportation

9-7 services authority regulatory fund all the tax revenue which is received

9-8 from a taxicab business operating in the county and city, respectively.

9-9 2. For the purposes of subsection 1, the tax revenue of a county does

9-10 not include any amount which represents a payment for the use of county

9-11 facilities or property.

9-12 3. Any certificate holder to whom a certificate of public convenience

9-13 and necessity has been issued for the operation of a taxicab business

9-14 shall pay to the authority a fee set by the authority that must not exceed

9-15 20 cents per trip for each compensable trip of each of those taxicabs,

9-16 which may be added to the meter charge. The money so received by the

9-17 authority must be paid to the state treasurer for deposit in the state

9-18 treasury to the credit of the transportation services authority regulatory

9-19 fund.

9-20 Sec. 27. An applicant for a driver’s permit pursuant to NRS

9-21 706.8841 must include his social security number with his application for

9-22 the initial issuance or renewal of a driver’s permit. The authority shall

9-23 keep the social security number of each applicant and licensee in the

9-24 record for the applicant or permittee, as appropriate.

9-25 Sec. 28. 1. A person who applies for the issuance or renewal of a

9-26 driver’s permit pursuant to NRS 706.8841 shall submit to the authority

9-27 the statement prescribed by the welfare division of the department of

9-28 human resources pursuant to NRS 425.520. The statement must be

9-29 completed and signed by the applicant.

9-30 2. The authority shall include the statement required pursuant to

9-31 subsection 1 in:

9-32 (a) The application or any other forms that must be submitted for the

9-33 issuance or renewal of the license; or

9-34 (b) A separate form prescribed by the authority.

9-35 3. A driver’s permit may not be issued or renewed by the authority if

9-36 the applicant:

9-37 (a) Fails to submit the statement required by subsection 1; or

9-38 (b) Indicates on the statement submitted pursuant to subsection 1 that

9-39 he is subject to a court order for the support of a child and is not in

9-40 compliance with the order or a plan approved by the district attorney or

9-41 other public agency enforcing the order for the repayment of the amount

9-42 owed pursuant to the order.

10-1 4. If a person’s driver’s permit has been suspended or revoked

10-2 pursuant to this chapter, the authority may not reinstate the permit if the

10-3 person:

10-4 (a) Fails to submit the statement required by subsection 1; or

10-5 (b) Indicates on the statement submitted pursuant to subsection 1 that

10-6 he is subject to a court order for the support of a child and is not in

10-7 compliance with the order or a plan approved by the district attorney or

10-8 other public agency enforcing the order for the repayment of the amount

10-9 owed pursuant to the order.

10-10 5. If the applicant indicates on the statement submitted pursuant to

10-11 subsection 1 that he is subject to a court order for the support of a child

10-12 and is not in compliance with the order or a plan approved by the district

10-13 attorney or other public agency enforcing the order for the repayment of

10-14 the amount owed pursuant to the order, the authority shall advise the

10-15 applicant to contact the district attorney or other public agency enforcing

10-16 the order to determine the actions that the applicant may take to satisfy

10-17 the arrearage.

10-18 6. The authority shall keep each statement submitted by an applicant

10-19 pursuant to subsection 1 in the record of the applicant.

10-20 Sec. 29. 1. If the authority receives a copy of a court order issued

10-21 pursuant to NRS 425.540 that provides for the suspension of all

10-22 professional, occupational and recreational licenses, certificates and

10-23 permits issued to a person who is the holder of a driver’s permit, the

10-24 authority shall deem the driver’s permit issued to that person to be

10-25 suspended at the end of the 30th day after the date on which the court

10-26 order was issued unless the authority receives a letter issued to the holder

10-27 of the license by the district attorney or other public agency pursuant to

10-28 NRS 425.550 stating that the holder of the license has complied with the

10-29 subpoena or warrant or has satisfied the arrearage pursuant to NRS

10-30 425.560.

10-31 2. The authority shall reinstate a driver’s permit that has been

10-32 suspended by a district court pursuant to NRS 425.540 if the authority

10-33 receives a letter issued by the district attorney or other public agency

10-34 pursuant to NRS 425.550 to the person whose permit was suspended

10-35 stating that the person whose permit was suspended has complied with

10-36 the subpoena or warrant, or has satisfied the arrearage pursuant to NRS

10-37 425.560.

10-38 Sec. 30. All regulations, practices and service prescribed by the

10-39 authority must be enforced and are prima facie reasonable unless

10-40 suspended or found otherwise in an action brought for that purpose, or

10-41 until changed or modified by the authority itself upon satisfactory

10-42 showing made.

11-1 Sec. 31. 1. Any owner, manager or employee of, or any holder of a

11-2 business license for, a licensed establishment shall not offer

11-3 remuneration of any kind, including, without limitation, cash or services,

11-4 to the owner, agent or driver of a taxicab, limousine or other common

11-5 motor carrier, for the solicitation or recommendation of patronage of the

11-6 licensed establishment.

11-7 2. A person who violates the provisions of subsection 1:

11-8 (a) For a first violation, is guilty of a misdemeanor and shall be

11-9 punished by a fine of not less than $500 and not more than $1,000, or by

11-10 imprisonment in the county jail for not more than 6 months, or by both a

11-11 fine and imprisonment.

11-12 (b) For a second violation, is guilty of a gross misdemeanor and shall

11-13 be punished by a fine of not less than $1,000 and not more than $5,000,

11-14 or by imprisonment in the county jail for not more than 1 year, or by

11-15 both a fine and imprisonment.

11-16 (c) For a third or subsequent violation, is guilty of a gross

11-17 misdemeanor and shall be punished by:

11-18 (1) A fine of not less than $5,000 and not more than $10,000, or by

11-19 imprisonment in the county jail for not more than 1 year, or by both a

11-20 fine and imprisonment; and

11-21 (2) Forfeiture, for not more than 6 months, of any business license

11-22 issued to the licensed establishment for which the solicitation or

11-23 recommendation for patronage was made, except that if the person who

11-24 violated the provisions of this section is only an employee of the licensed

11-25 establishment, the business licenses of the establishment are not subject

11-26 to forfeiture pursuant to this subparagraph unless the owner, manager or

11-27 holder of the business license knew or reasonably should have known

11-30 (a) Any inn, hotel, motel or other establishment that provides lodging

11-38 (c) Any dance hall, cabaret or night club.

11-39 Sec. 32. NRS 706.011 is hereby amended to read as follows:

11-40 706.011 As used in NRS 706.013 to 706.791, inclusive, and sections 2

11-42 unless the context otherwise requires, the words and terms defined in NRS

12-1 706.013 to 706.146, inclusive, and sections 2 to 9, inclusive, of this act

12-2 have the meanings ascribed to them in those sections.

12-3 Sec. 33. NRS 706.036 is hereby amended to read as follows:

12-4 706.036 "Common motor carrier" means any person or operator who

12-8 motor carrier of property, and a taxicab . [motor carrier.]

12-9 Sec. 34. NRS 706.041 is hereby amended to read as follows:

12-10 706.041 "Common motor carrier of passengers" means any person or

12-14 passengers and light express for all who may choose to employ him.

12-15 Sec. 35. NRS 706.101 is hereby amended to read as follows:

12-16 706.101 "Operator" means a person, other than a lienholder, having a

12-21 taxicab pursuant to NRS 706.473.]

12-22 Sec. 36. NRS 706.124 is hereby amended to read as follows:

12-23 706.124 1. "Taxicab" means a motor vehicle which is not operated

12-37 not the employees pay for the transportation.

12-38 Sec. 37. NRS 706.151 is hereby amended to read as follows:

12-39 706.151 1. It is hereby declared to be the purpose and policy of the

12-43 it the duty of the authority to regulate [fully] regulated carriers, operators of

13-1 tow cars and brokers of regulated services to the extent provided in this

13-2 chapter and to confer upon the department the power to license all motor

13-3 carriers and to make it the duty of the department to enforce the provisions

13-4 of this chapter and the regulations adopted by the authority pursuant to it, to

13-5 relieve the undue burdens on the highways arising by reason of the use of

13-6 the highways by vehicles in a gainful occupation thereon.

13-7 (b) To provide for reasonable compensation for the use of the highways

13-8 in gainful occupations, and enable the State of Nevada, by using license

13-9 fees, to provide for the proper construction, maintenance and repair thereof,

13-10 and thereby protect the safety and welfare of the traveling and shipping

13-11 public in their use of the highways.

13-12 (c) To provide for fair and impartial regulation, to promote safe,

13-13 adequate, economical and efficient service and to foster sound economic

13-14 conditions in motor transportation.

13-15 (d) To encourage the establishment and maintenance of reasonable

13-16 charges for:

13-17 (1) Intrastate transportation by [fully] regulated carriers; and

13-18 (2) Towing services performed without the prior consent of the owner

13-19 of the vehicle or the person authorized by the owner to operate the
13-20 vehicle,

13-21 without unjust discriminations against or undue preferences or advantages

13-22 being given to any motor carrier or applicant for a certificate of public

13-23 convenience and necessity.

13-24 (e) To discourage any practices which would tend to increase or create

13-25 competition that may be detrimental to the traveling and shipping public or

13-26 the motor carrier business within this state.

13-27 2. All [of] the provisions of this chapter must be administered and

13-28 enforced with a view to carrying out the declaration of policy contained in

13-29 this section.

13-30 Sec. 38. NRS 706.1511 is hereby amended to read as follows:

13-31 706.1511 1. The transportation services authority is hereby created.

13-43 (f) Professional engineering.

14-1 At least one but not more than two of the [members] commissioners

14-2 appointed must be residents of Clark County.

14-3 4. Not more than two of the [members] commissioners may be:

14-4 (a) Members of the same political party.

14-5 (b) From the same field of experience.

14-6 5. [All of the members] Each commissioner must be [persons who are]

14-7 a person who is independent of the industries regulated by the authority.

14-8 No elected officer of this state or any political subdivision is eligible for

14-9 appointment.

14-10 6. [The members of the authority] Each commissioner shall give

14-11 [their] his entire time to the business of the authority and shall not pursue

14-12 any other business or vocation or hold any other office of profit.

14-13 7. Each [member of the authority] commissioner serves at the pleasure

14-14 of the governor.

14-15 Sec. 39. NRS 706.1512 is hereby amended to read as follows:

14-16 706.1512 1. The governor shall designate one of the [members]

14-21 unclassified service of the state.

14-22 Sec. 40. NRS 706.1514 is hereby amended to read as follows:

14-23 706.1514 1. A majority of the [members] commissioners of the

14-32 officer designated by the chairman of the authority.

14-33 Sec. 41. NRS 706.1515 is hereby amended to read as follows:

14-34 706.1515 1. Any common or contract carrier subject to the

14-43 and audits required to be performed outside this state.

15-1 2. The [assessments] actual amount of the assessment provided for by

15-2 this section must be determined by the authority upon the completion of

15-3 each such investigation, inspection, audit or appearance . [and are] If the

15-4 actual amount of the assessment is less than the estimated amount of the

15-5 assessment, the authority shall refund the difference to the affected

15-6 carrier. If the actual amount of the assessment is greater than the

15-7 estimated amount of the assessment paid by the affected carrier, the

15-8 authority shall assess the affected carrier an amount that is equal to the

15-9 difference between the estimated and actual assessment. The final

15-10 assessment is due within 30 days after receipt by the affected common or

15-11 contract carrier of the notice of the assessment.

15-12 3. The records of the authority relating to the additional costs incurred

15-13 by reason of the necessary additional travel must be open for inspection by

15-14 the affected common or contract carrier at any time within the 30-day

15-15 period.

15-16 Sec. 42. NRS 706.1516 is hereby amended to read as follows:

15-17 706.1516 1. The transportation services authority regulatory fund is

15-36 be carried forward to the next fiscal year.

15-37 Sec. 43. NRS 706.166 is hereby amended to read as follows:

15-38 706.166 The authority shall:

15-43 regulated carrier and broker actually necessary for the transportation of

16-1 persons or property, including the handling and storage of that property,

16-2 over and along the highways.

16-3 (b) Every operator of a tow car concerning the rates and charges

16-4 assessed for towing services performed without the prior consent of the

16-5 operator of the vehicle or the person authorized by the owner to operate the

16-6 vehicle and pursuant to the provisions of NRS 706.011 to 706.791,

16-7 inclusive [.] , and sections 2 to 31, inclusive, of this act, and NRS 706.881

16-8 to 706.8849, inclusive.

16-9 2. Supervise and regulate the storage of household goods and effects in

16-10 warehouses and the operation and maintenance of such warehouses in

16-11 accordance with the provisions of this chapter and chapter 712 of NRS.

16-12 3. Enforce the standards of safety applicable to the employees,

16-13 equipment, facilities and operations of those common and contract carriers

16-14 subject to the authority or the department by:

16-15 (a) Providing training in safety;

16-16 (b) Reviewing and observing the programs or inspections of the carrier

16-17 relating to safety; and

16-18 (c) Conducting inspections relating to safety at the operating terminals

16-19 of the carrier.

16-20 4. To carry out the policies expressed in NRS 706.151, adopt

16-21 regulations providing for agreements between two or more [fully] regulated

16-22 carriers or two or more operators of tow cars relating to:

16-23 (a) Fares of [fully] regulated carriers;

16-24 (b) All rates of [fully] regulated carriers and rates of operators of tow

16-25 cars for towing services performed without the prior consent of the owner

16-26 of the vehicle or the person authorized by the owner to operate the vehicle;

16-27 (c) Classifications;

16-28 (d) Divisions;

16-29 (e) Allowances; and

16-30 (f) All charges of [fully] regulated carriers and charges of operators of

16-31 tow cars for towing services performed without the prior consent of the

16-32 owner of the vehicle or the person authorized by the owner to operate the

16-33 vehicle, including charges between carriers and compensation paid or

16-34 received for the use of facilities and equipment.

16-35 These regulations [may] must not provide for collective agreements which

16-36 restrain any party from taking free and independent action.

16-37 [5. Review decisions of the taxicab authority appealed to the authority

16-38 pursuant to NRS 706.8819.]

16-39 Sec. 44. NRS 706.167 is hereby amended to read as follows:

16-40 706.167 1. Each [fully] regulated carrier, operator of a tow car and

16-41 common or contract carrier regulated by the authority shall:

17-1 (a) Keep uniform and detailed accounts of all business transacted in the

17-2 manner required by the authority by regulation and render them to the

17-3 authority upon its request.

17-4 (b) Furnish an annual report to the authority in the form and detail that it

17-5 prescribes by regulation.

17-6 The regulations of the authority may not require an operator of a tow car to

17-7 keep accounts and report information concerning towing services other than

17-8 information that is necessary to permit the authority to enforce the

17-9 provisions of NRS 706.011 to 706.791, inclusive [.] , and sections 2 to 31,

17-10 inclusive, of this act, and NRS 706.881 to 706.8849, inclusive.

17-11 2. Except as otherwise provided in subsection 3, the reports required

17-12 by this section must be prepared for each calendar year and submitted not

17-13 later than May 15 of the year following the year for which the report is

17-14 submitted.

17-15 3. A carrier may, with the permission of the authority, prepare the

17-16 reports required by this section for a year other than a calendar year that the

17-17 authority specifies and submit them not later than a date specified by the

17-18 authority in each year.

17-19 4. If the authority finds that necessary information is not contained in a

17-20 report submitted pursuant to this section, it may call for the omitted

17-21 information at any time.

17-22 Sec. 45. NRS 706.169 is hereby amended to read as follows:

17-23 706.169 The department shall:

17-27 private commercial enterprises on any highway in this state.

17-28 Sec. 46. NRS 706.171 is hereby amended to read as follows:

17-29 706.171 1. The authority and the department may:

17-42 Commissioners.

18-1 (c) Require such reports and the maintenance of such records as they

18-2 determine to be necessary for the administration and enforcement of this

18-3 chapter.

18-4 (d) Except as otherwise provided in this section, examine, at any time

18-5 during the business hours of the day, the books, papers and records of any

18-6 [fully] regulated carrier, and of any other common, contract or private

18-7 motor carrier doing business in this state to the extent necessary for their

18-8 respective duties. The authority and the department may examine in other

18-9 states or require by subpoena the production inside this state of such books,

18-10 papers and records as are not maintained in this state.

18-11 (e) Temporarily waive any requirement for a certificate or permit when

18-12 an emergency exists as defined in NRS 706.561.

18-13 2. No personnel records of an employee of a [fully] regulated carrier,

18-14 or of any other common, contract or private motor carrier may be examined

18-15 pursuant to paragraph (d) of subsection 1 unless the records contain

18-16 information relating to a matter of public safety or the authority and the

18-17 department determine that the examination is required to protect the

18-18 interests of the public.

18-19 3. The department may adopt regulations to ensure the payment of any

18-20 fee due or authorized pursuant to the provisions of this chapter.

18-21 4. As used in this section, "personnel records" does not include:

18-22 (a) The name of the employee who is the subject of the record;

18-23 (b) The gross compensation and perquisites of the employee;

18-24 (c) Any record of the business expenses of the employee;

18-25 (d) The title or any description of the position held by the employee;

18-26 (e) The qualifications required for the position held by the employee;

18-27 (f) The business address of the employee;

18-28 (g) The telephone number of the employee at his place of business;

18-29 (h) The work schedule of the employee;

18-30 (i) The date on which the employee began his employment; and

18-31 (j) If applicable, the date on which the employment of the employee was

18-32 terminated.

18-33 Sec. 47. NRS 706.197 is hereby amended to read as follows:

18-34 706.197 1. The authority may collect fees for the filing of any official

18-43 (e) For an amended application, the cost of publication.

19-1 3. If an application or other document is rejected by the authority

19-2 because it is inadequate or inappropriate, the filing fee must be returned.

19-3 4. The authority may not charge any fee for filing a complaint.

19-4 Sec. 48. NRS 706.246 is hereby amended to read as follows:

19-5 706.246 1. Except as otherwise provided in NRS 706.235:

19-30 carry out a program for inspecting vehicles pursuant to this section.

19-31 Sec. 49. NRS 706.282 is hereby amended to read as follows:

19-32 706.282 1. Each [fully] regulated carrier that advertises its services

19-41 requested the advertisement if such information is readily available.

19-42 Sec. 50. NRS 706.285 is hereby amended to read as follows:

19-43 706.285 1. All advertising by:

20-1 [1. A fully]

20-2 (a) A regulated carrier of intrastate commerce; and

20-3 [2.] (b) An operator of a tow car,

20-4 must include the number of the certificate of public convenience and

20-5 necessity or contract carrier’s permit issued to him by the authority.

20-6 2. The provisions of this section do not apply to taxicabs which

20-7 operate in a county whose population is 400,000 or more.

20-8 Sec. 51. NRS 706.2855 is hereby amended to read as follows:

20-9 706.2855 1. If the authority finds, after notice and hearing, that a

20-35 in a vehicle or is otherwise portable.

20-36 Sec. 52. NRS 706.286 is hereby amended to read as follows:

20-37 706.286 1. When a complaint is made against any [fully] regulated

20-43 any respect unreasonable or unjustly discriminatory;

21-1 (b) Any of the provisions of [NRS 706.445 to 706.453, inclusive,] this

21-2 chapter have been violated;

21-3 (c) Any regulation, measurement, practice or act directly relating to the

21-4 transportation of persons or property, including the handling and storage of

21-5 that property, is, in any respect, unreasonable, insufficient or unjustly

21-6 discriminatory; or

21-7 (d) Any service is inadequate,

21-8 the authority shall investigate the complaint. After receiving the complaint,

21-9 the authority shall give a copy of it to the carrier or operator of a tow car

21-10 against whom the complaint is made. Within a reasonable time thereafter,

21-11 the carrier or operator of a tow car shall provide the authority with its

21-12 written response to the complaint according to the regulations of the

21-13 authority.

21-14 2. If the authority determines that probable cause exists for the

21-15 complaint, it shall order a hearing thereof, give notice of the hearing and

21-16 conduct the hearing as it would any other hearing. If the complaint has

21-17 been filed against a common motor carrier by another common motor

21-18 carrier and the authority does not find probable cause for the complaint,

21-19 the authority may recover from the complainant the cost of court

21-20 reporting and investigation, and other necessary expenses incurred by

21-21 the authority.

21-22 3. No order affecting a rate, toll, charge, schedule, regulation,

21-23 measurement, practice or act complained of may be entered without a

21-24 formal hearing unless the hearing is dispensed with as provided in NRS

21-25 706.2865.

21-26 Sec. 53. NRS 706.2875 is hereby amended to read as follows:

21-27 706.2875 1. Any party is entitled to an order by the authority for the

21-36 of the claim.

21-37 Sec. 54. NRS 706.2885 is hereby amended to read as follows:

21-38 706.2885 1. A certificate of public convenience and necessity, permit

21-43 suspend any certificate, permit or license issued by the authority in

22-1 accordance with [the provisions of NRS 706.011 to 706.791, inclusive,]

22-2 this chapter, for a period not to exceed 60 days.

22-3 3. The authority may at any time, for good cause shown and upon 5

22-4 days’ written notice to a certificate holder or a holder of a driver’s

22-5 permit, and after a hearing unless a hearing is waived by the certificate

22-6 holder or holder of the driver’s permit, impose a penalty on the certificate

22-7 holder of not more than $15,000 or on the holder of the driver’s permit

22-8 of not more than $500, or suspend the certificate or driver’s permit

22-9 granted by the authority if the certificate holder or the holder of the

22-10 driver’s permit:

22-11 (a) Has violated any provision of this chapter or any regulation

22-12 adopted by the authority pursuant thereto; or

22-13 (b) Has knowingly permitted or required his employee to violate any

22-14 provision of this chapter or any regulation adopted by the authority

22-15 pursuant thereto.

22-16 If a penalty is imposed on the certificate holder or holder of a driver’s

22-17 permit pursuant to this section, the authority may require the holder to

22-18 pay the costs of the proceeding, including investigative costs and

22-19 attorney’s fees.

22-20 4. Except as otherwise provided in this subsection, if a certificate

22-21 holder or holder of a driver’s permit fails to appear at the time and place

22-22 stated in the notice for the hearing, the authority shall enter a finding of

22-23 default against the certificate holder or holder of the driver’s permit.

22-24 Upon a finding of default, the authority may suspend or revoke the

22-25 certificate or driver’s permit, as appropriate, of the person who failed to

22-26 appear and impose the penalties provided in this chapter. For good cause

22-27 shown, the authority may set aside a finding of default and proceed with

22-28 the hearing.

22-29 5. Upon receipt of a written complaint or on its own motion, the

22-30 authority may, after investigation and hearing, revoke any certificate,

22-31 permit or license. If service of the notice required by subsection 2 cannot

22-32 be made or if the grantee relinquishes his interest in the certificate, permit

22-33 or license by so notifying the authority in writing, the authority may revoke

22-34 the certificate, permit or license without a hearing.

22-35 [4. The proceedings thereafter are governed by the provisions of

22-36 chapter 233B of NRS.]

22-37 Sec. 55. NRS 706.291 is hereby amended to read as follows:

22-38 706.291 1. The authority shall require every [fully] regulated carrier

22-42 insurance in lieu thereof, or a bond of a surety company, or other surety, in

23-1 such reasonable sum as the authority may deem necessary to protect

23-2 adequately the interests of the public.

23-3 2. The department shall require every other common and contract

23-4 motor carrier and every private carrier, within such time and in such

23-5 amounts as the department may designate, to file with the department in a

23-6 form required and approved by the department a liability insurance policy,

23-7 or a certificate of insurance in lieu thereof, a bond of a surety company, or

23-8 other surety, in such reasonable sum as the department may deem necessary

23-9 to protect adequately the interests of the public. In determining the amount

23-10 of liability insurance or other surety required of a carrier pursuant to this

23-11 subsection, the department shall create a separate category for vehicles with

23-12 a manufacturer’s gross vehicle weight rating of less than 26,000 pounds and

23-13 impose a lesser requirement with respect to such vehicles.

23-14 3. The liability insurance policy or certificate, policy or bond of a

23-15 surety company or other surety must bind the obligors thereunder to pay the

23-16 compensation for injuries to persons or for loss or damage to property

23-17 resulting from the negligent operation of the carrier.

23-18 4. The authority and the department may jointly prescribe by regulation

23-19 the respective amounts and forms required by subsections 1 and 2.

23-20 Sec. 56. NRS 706.3052 is hereby amended to read as follows:

23-21 706.3052 1. Except as otherwise provided in subsection 2, an

23-31 adopted pursuant to NRS 706.305.

23-32 Sec. 57. NRS 706.321 is hereby amended to read as follows:

23-33 706.321 1. Except as otherwise provided in subsection 2, every

23-43 manner affect the rates or fares charged or to be charged for any service

24-1 and all regulations of the carrier that the carrier has adopted to comply with

24-2 the provisions of NRS 706.011 to 706.791, inclusive [.] , and sections 2 to

24-3 31, inclusive, of this act, and NRS 706.881 to 706.8849, inclusive.

24-4 2. Every operator of a tow car shall file with the authority:

24-5 (a) Within a time to be fixed by the authority, schedules and tariffs that

24-6 must:

24-7 (1) Be open to public inspection; and

24-8 (2) Include all rates and charges for towing services performed

24-9 without the prior consent of the owner of the vehicle or the person

24-10 authorized by the owner to operate the vehicle which the operator has

24-11 established and which are in force at the time of filing.

24-12 (b) As a part of that schedule, all regulations of the operator of the tow

24-13 car which in any manner affect the rates charged or to be charged for

24-14 towing services performed without the prior consent of the owner of the

24-15 vehicle or the person authorized by the owner to operate the vehicle and all

24-16 regulations of the operator of the tow car that the operator has adopted to

24-17 comply with the provisions of NRS 706.011 to 706.791, inclusive [.] , and

24-18 sections 2 to 31, inclusive, of this act, and NRS 706.881 to 706.8849,

24-19 inclusive.

24-20 3. No changes may be made in any schedule, including schedules of

24-21 joint rates, or in the regulations affecting any rates or charges, except upon

24-22 [30] 60 days’ notice to the authority, and all those changes must be plainly

24-23 indicated on any new schedules filed in lieu thereof [30] 60 days before the

24-24 time they are to take effect. The authority, upon application of any carrier,

24-25 may prescribe a shorter time within which changes may be made. The [30]

24-26 60 days’ notice is not applicable when the carrier gives written notice to the

24-27 authority 10 days before the effective date of its participation in a tariff