Senate Bill No. 491–Committee on Transportation

March 19, 1999

____________

Referred to Committee on Transportation

 

SUMMARY—Makes various changes relating to regulation of common and contract motor carriers, operators of tow cars, taxicab motor carriers and limousine motor carriers. (BDR 58-1606)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: Yes.

~

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).

 

AN ACT relating to transportation; providing for the deregulation of common motor carriers and other entities, other than operators of tow cars, regulated by the transportation services authority; abolishing the taxicab authority; creating taxicab authorities for certain counties and defining their duties; providing for the regulation of taxicab motor carriers and limousine motor carriers; transferring responsibility relating to requirements for liability insurance for common and contract motor carriers, taxicab motor carriers and limousine motor carriers to the department of motor vehicles and public safety; increasing certain fees; prohibiting certain acts; providing penalties; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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

1-2 the provisions set forth as sections 2 to 21, inclusive, of this act.

1-3 Sec. 2. "Administrator" means the administrator of the taxicab

1-4 authority for southern Nevada or the taxicab authority for northern

1-5 Nevada, as appropriate.

1-6 Sec. 3. "Certificate holder" means:

1-7 1. With regard to an operator of a tow car, a person who holds a

1-8 current certificate of public convenience and necessity which was issued

1-9 for the operation of a tow car with respect to towing services performed

1-10 without the prior consent of the owner of the vehicle or the person

1-11 authorized by the owner to operate the vehicle by:

2-1 (a) The previously existing public service commission of Nevada

2-2 before July 1, 1981, and which has not been transferred, revoked or

2-3 suspended by the transportation services authority, or by operation of

2-4 law; or

2-5 (b) The transportation services authority and which has not been

2-6 transferred, suspended or revoked by the transportation services

2-7 authority or by operation of law.

2-8 2. With regard to a taxicab motor carrier or a limousine motor

2-9 carrier, a person who holds a current certificate of public convenience

2-10 and necessity which was issued for the operation of a taxicab motor

2-11 carrier or a limousine motor carrier subject to the jurisdiction of a

2-12 taxicab authority by:

2-13 (a) The previously existing public service commission of Nevada

2-14 before July 1, 1981, and which has not been transferred, revoked or

2-15 suspended by the transportation services authority, the previously

2-16 existing taxicab authority, the taxicab authority for southern Nevada or

2-17 the taxicab authority for northern Nevada, or by operation of law;

2-18 (b) The previously existing taxicab authority and which has not been

2-19 transferred, suspended or revoked by the transportation services

2-20 authority, the previously existing taxicab authority, the taxicab authority

2-21 for southern Nevada or the taxicab authority for northern Nevada, or by

2-22 operation of law;

2-23 (c) The transportation services authority and which has not been

2-24 transferred, suspended or revoked by the transportation services

2-25 authority, the previously existing taxicab authority, the taxicab authority

2-26 for southern Nevada or the taxicab authority for northern Nevada, or by

2-27 operation of law; or

2-28 (d) The taxicab authority for southern Nevada or the taxicab authority

2-29 for northern Nevada and which has not been transferred, suspended or

2-30 revoked by the taxicab authority for southern Nevada or the taxicab

2-31 authority for northern Nevada, or by operation of law.

2-32 Sec. 4. "Driver" means a person who operates a taxicab or

2-33 limousine that is regulated pursuant to this chapter, and includes a

2-34 certificate holder if he actually operates the taxicab or limousine.

2-35 Sec. 5. "Limousine motor carrier" means a person who operates a

2-36 livery limousine or traditional limousine.

2-37 Sec. 6. "Livery limousine" means a motor vehicle that:

2-38 1. At the time of its manufacture, was a light truck, as that term is

2-39 defined in 49 C.F.R. § 523.5, as that section existed on January 1, 1999;

2-40 2. Has a capacity of 9 or more persons but less than 16 persons,

2-41 including the driver; and

3-1 3. Is engaged in the general transportation of persons for

3-2 compensation and is not operated on a regular schedule or over regular

3-3 routes.

3-4 Sec. 7. "Operator of a tow car" means a person who provides towing

3-5 services performed without the prior consent of the owner of the vehicle

3-6 or the person authorized by the owner to operate the vehicle.

3-7 Sec. 8. "Taxicab authority" means the taxicab authority for

3-8 southern Nevada or the taxicab authority for northern Nevada, as

3-9 determined pursuant to sections 12 and 13 of this act.

3-10 Sec. 9. "Taximeter" means an instrument used in a taxicab for

3-11 indicating the fare charged.

3-12 Sec. 10. "Traditional limousine" means a motor vehicle that is

3-13 engaged in the general transportation of persons for compensation and is

3-14 not operated on a regular schedule or over regular routes and which:

3-15 1. At the time of its manufacture, was a passenger automobile, as

3-16 that term is defined in 49 C.F.R. § 523.4, as that section existed on

3-17 January 1, 1999, and which was later modified to increase its length; or

3-18 2. Has a capacity of less than 9 persons, including the driver.

3-19 Sec. 11. All regulations, practices and service prescribed by the

3-20 transportation services authority must be enforced and are prima facie

3-21 reasonable unless suspended or found otherwise in an action brought for

3-22 the purpose, or until changed or modified by the transportation services

3-23 authority itself upon satisfactory showing made.

3-24 Sec. 12. 1. A taxicab authority for southern Nevada, consisting of

3-25 five members appointed by the governor, is hereby created. No member

3-26 may serve for more than 4 years. Not more than three members may be

3-27 members of the same political party, and no elected officer of this state or

3-28 any political subdivision is eligible for appointment. The members of the

3-29 taxicab authority for southern Nevada must include:

3-30 (a) A person who has knowledge and experience in business or

3-31 accounting;

3-32 (b) A person who has training and experience in the law;

3-33 (c) A person who has knowledge and experience in the taxicab

3-34 industry, except that the person may not be currently involved in a

3-35 taxicab business as an owner or manager;

3-36 (d) A person who has knowledge and experience in the limousine

3-37 industry, except that the person may not be currently involved in a

3-38 limousine business as an owner or manager; and

3-39 (e) A member of the general public.

3-40 2. The members of the taxicab authority for southern Nevada are in

3-41 the unclassified service of the state.

3-42 3. The taxicab authority for southern Nevada is the chief regulatory

3-43 agency for the business of transporting passengers by taxicab motor

4-1 carrier or limousine motor carrier in a county whose population is

4-2 400,000 or more, and in such other counties which elect pursuant to

4-3 section 20 of this act to be subject to the jurisdiction of the taxicab

4-4 authority for southern Nevada. The taxicab authority for southern

4-5 Nevada shall maintain its principal office in a county whose population

4-6 is 400,000 or more.

4-7 4. The taxicab authority for southern Nevada may adopt appropriate

4-8 regulations applicable in the counties subject to its jurisdiction for the

4-9 administration and enforcement of NRS 706.881 to 706.885, inclusive,

4-10 and sections 12 to 21, inclusive, of this act, and for the conduct of the

4-11 taxicab and limousine business and the qualifications of and the

4-12 issuance of permits to drivers of taxicabs and of limousines, not

4-13 inconsistent with the provisions of NRS 706.881 to 706.885, inclusive and

4-14 sections 12 to 21, inclusive, of this act. The regulations may include

4-15 different provisions for different counties to allow for differences among

4-16 the counties subject to the jurisdiction of the taxicab authority for

4-17 southern Nevada. Local law enforcement agencies and the Nevada

4-18 highway patrol, upon request of the taxicab authority for southern

4-19 Nevada, may assist in enforcing the provisions of NRS 706.881 to

4-20 706.885, inclusive, and sections 12 to 21, inclusive, of this act, and the

4-21 regulations adopted pursuant thereto by the taxicab authority for

4-22 southern Nevada.

4-23 Sec. 13. 1. A taxicab authority for northern Nevada, consisting of

4-24 three members appointed by the governor, is hereby created. No member

4-25 may serve for more than 4 years. The members of the taxicab authority

4-26 for northern Nevada must include:

4-27 (a) The sheriff of a county whose population is 100,000 or more but

4-28 less than 400,000;

4-29 (b) A person who has knowledge and experience in the transportation

4-30 industry; and

4-31 (c) A person who has knowledge and experience in business or

4-32 accounting.

4-33 2. Each member of the taxicab authority for northern Nevada who is

4-34 not a public employee is entitled to receive a salary of not more than $80,

4-35 as fixed by the taxicab authority for northern Nevada, for each day

4-36 actually employed on work of the taxicab authority for northern Nevada.

4-37 3. While engaged in the business of the taxicab authority for

4-38 northern Nevada, each member of the taxicab authority for northern

4-39 Nevada is entitled to receive the per diem allowance and travel expenses

4-40 provided for state officers and employees generally.

4-41 4. The taxicab authority for northern Nevada is the chief regulatory

4-42 agency for the business of transporting passengers by taxicab motor

4-43 carrier or limousine motor carrier in a county whose population is

5-1 100,000 or more but less than 400,000 and in such other counties which

5-2 elect pursuant to section 20 of this act to be subject to the jurisdiction of

5-3 the taxicab authority for northern Nevada. The taxicab authority for

5-4 northern Nevada shall maintain its principal office in a county whose

5-5 population is 100,000 or more but less than 400,000.

5-6 5. The taxicab authority for northern Nevada may adopt appropriate

5-7 regulations applicable in the counties subject to its jurisdiction for the

5-8 administration and enforcement of NRS 706.881 to 706.885, inclusive,

5-9 and sections 12 to 21, inclusive, of this act, and for the conduct of the

5-10 taxicab business and the qualifications of and the issuance of permits to

5-11 drivers of taxicabs and of limousines, not inconsistent with the provisions

5-12 of NRS 706.881 to 706.885, inclusive, and sections 12 to 21, inclusive, of

5-13 this act. The regulations may include different provisions for different

5-14 counties to allow for differences among the counties subject to the

5-15 jurisdiction of the taxicab authority for northern Nevada. Local law

5-16 enforcement agencies and the Nevada highway patrol, upon request of

5-17 the taxicab authority for northern Nevada, may assist in enforcing the

5-18 provisions of NRS 706.881 to 706.885, inclusive, and sections 12 to 21,

5-19 inclusive, of this act, and the regulations adopted pursuant thereto by the

5-20 taxicab authority for northern Nevada.

5-21 Sec. 14. Except to the extent of any inconsistency with the provisions

5-22 of NRS 706.881 to 706.885, inclusive, and sections 12 to 21, inclusive, of

5-23 this act, every order issued by the transportation services authority or the

5-24 previously existing taxicab authority remains in effect until the order is

5-25 modified or rescinded by a taxicab authority. The taxicab authority for

5-26 southern Nevada or the taxicab authority for northern Nevada, as

5-27 appropriate, shall enforce such an order until the order is modified or

5-28 rescinded.

5-29 Sec. 15. 1. If a taxicab authority has established a system of

5-30 allocations for taxicabs and limousines in a county subject to its

5-31 jurisdiction, the taxicab authority shall, on or before April 1 of each year,

5-32 increase the number of allocated taxicabs and limousines in that county

5-33 by a percentage which is equal to the average of:

5-34 (a) The percentage of increase, if any, in the number of passengers

5-35 who traveled into an airport located in that county during the preceding

5-36 calendar year, as reported by the board of county commissioners of the

5-37 county in which the airport is located; and

5-38 (b) The percentage of increase, if any, in the population of that county

5-39 during the preceding calendar year, as determined from the certifications

5-40 made pursuant to NRS 360.285.

5-41 2. Except as otherwise provided in this subsection, on or before

5-42 February 15, each board of county commissioners in this state shall

5-43 prepare and cause to be published an annual report setting forth the

6-1 number of passengers who arrived by commercial airline at an airport

6-2 located in the county during each month in the preceding calendar year.

6-3 A board of county commissioners does not have to submit a report

6-4 pursuant to this subsection if no commercial airline operates at any

6-5 airport located within the county.

6-6 Sec. 15.5. 1. An owner, a manager or an employee of, or any

6-7 holder of a business license for, a business shall not offer remuneration

6-8 of cash or services, to any driver of a taxicab, limousine or bus that is

6-9 designed to carry not more than 19 persons, including the driver, for the

6-10 diversion of patronage to the business.

6-11 2. A person who violates the provisions of subsection 1:

6-12 (a) For a first violation, is guilty of a misdemeanor and shall be

6-13 punished by a fine of not less than $500 and not more than $1,000.

6-14 (b) For a second violation, is guilty of a gross misdemeanor and shall

6-15 be punished by a fine of not less than $1,000 and not more than $5,000.

6-16 (c) For a third or subsequent violation, is guilty of a gross

6-17 misdemeanor and shall be punished by:

6-18 (1) A fine of not less than $5,000 and not more than $10,000; and

6-19 (2) Forfeiture, for not more than 6 months, of any business license

6-20 issued to the business for which the diversion of patronage was to be

6-21 made, except that if the person who violated the provisions of this section

6-22 is only an employee of the business, the business licenses of the business

6-23 are not subject to forfeiture pursuant to this subparagraph unless the

6-24 owner, manager or holder of the business license knew or reasonably

6-25 should have known that the employee was acting in violation of the

6-26 provisions of this section.

6-27 3. As used in this section, "diversion" means the willful redirection

6-28 of a customer to an alternative business, contrary to the request of the

6-29 customer.

6-30 Sec. 16. Except as otherwise provided in subsection 6 of NRS

6-31 706.8827:

6-32 1. Not later than 45 days after the date on which a taxicab authority

6-33 receives an application for a certificate of public convenience and

6-34 necessity for the operation of a limousine, the taxicab authority shall

6-35 hold a prehearing conference with the applicant.

6-36 2. The taxicab authority may authorize discovery on the application,

6-37 beginning on the first day after the day on which the prehearing

6-38 conference is held. The period for discovery may not exceed 90 days.

6-39 3. If a period for discovery is authorized pursuant to subsection 2,

6-40 the taxicab authority shall provide a period for response, beginning on

6-41 the first day after the date on which the period for discovery expires. The

6-42 period for response may not exceed 30 days.

7-1 4. The taxicab authority shall hold a hearing on the application not

7-2 later than 120 days after the date on which the prehearing conference is

7-3 held.

7-4 Sec. 17. An applicant for a driver’s permit pursuant to NRS

7-5 706.8841 must include his social security number with his application for

7-6 the initial issuance or renewal of a driver’s permit. The taxicab authority

7-7 to which the application for a driver’s permit is submitted shall keep the

7-8 social security number of each applicant and licensee in the record for

7-9 the applicant or permittee, as appropriate.

7-10 Sec. 18. 1. A person who applies to a taxicab authority for the

7-11 issuance or renewal of a driver’s permit pursuant to NRS 706.8841 shall

7-12 submit to the taxicab authority the statement prescribed by the welfare

7-13 division of the department of human resources pursuant to NRS 425.520.

7-14 The statement must be completed and signed by the applicant.

7-15 2. Each taxicab authority shall include the statement required

7-16 pursuant to subsection 1 in:

7-17 (a) The application or any other forms that must be submitted for the

7-18 issuance or renewal of the permit; or

7-19 (b) A separate form prescribed by the taxicab authority.

7-20 3. A driver’s permit may not be issued or renewed by a taxicab

7-21 authority if the applicant:

7-22 (a) Fails to submit the statement required by subsection 1; or

7-23 (b) Indicates on the statement submitted pursuant to subsection 1 that

7-24 he is subject to a court order for the support of a child and is not in

7-25 compliance with the order or a plan approved by the district attorney or

7-26 other public agency enforcing the order for the repayment of the amount

7-27 owed pursuant to the order.

7-28 4. If a person’s driver’s permit has been suspended or revoked

7-29 pursuant to this chapter, the taxicab authority may not reinstate the

7-30 permit if the person:

7-31 (a) Fails to submit the statement required by subsection 1; or

7-32 (b) Indicates on the statement submitted pursuant to subsection 1 that

7-33 he is subject to a court order for the support of a child and is not in

7-34 compliance with the order or a plan approved by the district attorney or

7-35 other public agency enforcing the order for the repayment of the amount

7-36 owed pursuant to the order.

7-37 5. If the applicant indicates on the statement submitted pursuant to

7-38 subsection 1 that he is subject to a court order for the support of a child

7-39 and is not in compliance with the order or a plan approved by the district

7-40 attorney or other public agency enforcing the order for the repayment of

7-41 the amount owed pursuant to the order, the taxicab authority shall advise

7-42 the applicant to contact the district attorney or other public agency

8-1 enforcing the order to determine the actions that the applicant may take

8-2 to satisfy the arrearage.

8-3 6. The taxicab authority shall keep each statement submitted by an

8-4 applicant pursuant to subsection 1 in the record of the applicant.

8-5 Sec. 19. 1. If a taxicab authority receives a copy of a court order

8-6 issued pursuant to NRS 425.540 that provides for the suspension of all

8-7 professional, occupational and recreational licenses, certificates and

8-8 permits issued to a person who is the holder of a driver’s permit issued by

8-9 that taxicab authority, the taxicab authority shall deem the driver’s

8-10 permit issued to that person to be suspended at the end of the 30th day

8-11 after the date on which the court order was issued unless the taxicab

8-12 authority receives a letter issued to the holder of the permit by the district

8-13 attorney or other public agency pursuant to NRS 425.550 stating that the

8-14 holder of the permit has complied with the subpoena or warrant or has

8-15 satisfied the arrearage pursuant to NRS 425.560.

8-16 2. A taxicab authority shall reinstate a driver’s permit that has been

8-17 suspended by a district court pursuant to NRS 425.540 if the taxicab

8-18 authority receives a letter issued by the district attorney or other public

8-19 agency pursuant to NRS 425.550 to the person whose permit was

8-20 suspended stating that the person whose permit was suspended has

8-21 complied with the subpoena or warrant, or has satisfied the arrearage

8-22 pursuant to NRS 425.560.

8-23 Sec. 20. 1. The board of county commissioners of each county

8-24 which is not otherwise subject to the jurisdiction of a taxicab authority

8-25 pursuant to sections 12 and 13 of this act, shall, by ordinance, elect to:

8-26 (a) Include the county in the jurisdiction of the taxicab authority for

8-27 southern Nevada;

8-28 (b) Include the county in the jurisdiction of the taxicab authority for

8-29 northern Nevada; or

8-30 (c) Exclude the county from the jurisdiction of both the taxicab

8-31 authority for southern Nevada and the taxicab authority for northern

8-32 Nevada.

8-33 2. Upon enacting such an ordinance, the board of county

8-34 commissioners shall notify each taxicab authority specified in the

8-35 ordinance, the previous taxicab authority to whose jurisdiction the

8-36 county was subject, if any, and the department of the ordinance.

8-37 Sec. 21. 1. If a board of county commissioners enacts an

8-38 ordinance approving the exclusion of the county from the jurisdiction of

8-39 a taxicab authority pursuant to section 20 of this act, the board of county

8-40 commissioners may enact such other ordinances as it may deem

8-41 necessary to regulate the conduct of the business of taxicab motor

8-42 carriers and limousine motor carriers that are based and primarily

9-1 operate within that county. If enacted, such ordinances must be

9-2 consistent with the legislative policies set forth in NRS 706.151.

9-3 2. If a board of county commissioners enacts an ordinance

9-4 approving the inclusion of the county in the jurisdiction of the taxicab

9-5 authority for southern Nevada or the taxicab authority for northern

9-6 Nevada, the board of county commissioners shall not amend or repeal

9-7 the ordinance, or enact any other ordinance pursuant to section 20 of

9-8 this act, for at least 2 years after the date on which the ordinance

9-9 approving the inclusion of the county in the jurisdiction of a taxicab

9-10 authority becomes effective.

9-11 3. A person who is regulated by a county in accordance with this

9-12 section shall pay to the county $100 per year for each taxicab and $500

9-13 per year for each limousine that the person operates and a fee set by the

9-14 board of county commissioners by ordinance that must not exceed 20

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

9-16 may be added to the meter charge.

9-17 4. Except as otherwise provided in this subsection, all money

9-18 collected by the board of county commissioners relating to the regulation

9-19 of taxicab motor carriers and limousine motor carriers pursuant to this

9-20 section must be deposited with the county treasurer of that county and

9-21 accounted for separately in the county general fund. All money collected

9-22 by a county for a fine or other monetary penalty must be deposited with

9-23 the state treasurer for deposit in the state general fund.

9-24 5. No ordinance enacted by a board of county commissioners

9-25 pursuant to:

9-26 (a) Section 20 of this act to exclude the county from the jurisdiction of

9-27 a taxicab authority; or

9-28 (b) Subsection 1 to regulate the conduct of the business of taxicab

9-29 motor carriers and limousine motor carriers that are based and primarily

9-30 operate within that county,

9-31 may be construed as motor vehicle registration law and any license fees

9-32 that may be imposed by a board of county commissioners pursuant

9-33 thereto are in addition to the fees for motor vehicle registration required

9-34 under the laws of this state.

9-35 Sec. 22. NRS 706.011 is hereby amended to read as follows:

9-36 706.011 As used in [NRS 706.013 to 706.791, inclusive,] this chapter,

9-37 unless the context otherwise requires, the words and terms defined in NRS

9-38 706.013 to 706.146, inclusive, and sections 2 to 10, inclusive, of this act

9-39 have the meanings ascribed to them in those sections.

9-40 Sec. 23. NRS 706.013 is hereby amended to read as follows:

9-41 706.013 "Advertise" means the commercial use of any medium,

9-42 including, but not limited to, the radio or television, or a newspaper,

9-43 magazine, directory, sign or other printed matter, by [a common or contract

10-1 motor carrier] an operator of a tow car to bring the services of the [carrier]

10-2 operator to the attention of members of the general public.

10-3 Sec. 24. NRS 706.036 is hereby amended to read as follows:

10-4 706.036 "Common motor carrier" means any person or operator who

10-5 holds himself out to the public as willing to transport by vehicle from place

10-6 to place, either upon fixed route or on-call operations, passengers or

10-7 property, including a common motor carrier of passengers [,] and a

10-8 common motor carrier of property . [, and] The term does not include a

10-9 taxicab motor carrier [.] , a limousine motor carrier or an operator of a

10-10 tow car.

10-11 Sec. 25. NRS 706.041 is hereby amended to read as follows:

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

10-13 operator [, including a taxicab motor carrier,] who holds himself out to the

10-14 public as willing to transport by vehicle from place to place, either upon

10-15 fixed route or on-call operations, passengers or passengers and light

10-16 express for all who may choose to employ him. The term does not include

10-17 a taxicab motor carrier or limousine motor carrier.

10-18 Sec. 26. NRS 706.046 is hereby amended to read as follows:

10-19 706.046 "Common motor carrier of property" means any person or

10-20 operator, including a motor convoy carrier, who holds himself out to the

10-21 public as willing to transport by motor vehicle from place to place, either

10-22 upon fixed route or on-call operations, the property of all who may choose

10-23 to employ him. The term does not include an operator of a tow car.

10-24 Sec. 27. NRS 706.051 is hereby amended to read as follows:

10-25 706.051 "Contract motor carrier" means any person or operator

10-26 engaged in transportation by motor vehicle of passengers or household

10-27 goods for compensation pursuant to continuing contracts with one person

10-28 or a limited number of persons:

10-29 1. For the furnishing of transportation services through the assignment

10-30 of motor vehicles for a continuing period [of time] to the exclusive use of

10-31 each person served;

10-32 2. For the furnishing of transportation services designed to meet the

10-33 distinct need of each individual customer; and

10-34 3. Not operating as a common motor carrier of passengers or property

10-35 [.] , or as a taxicab motor carrier or limousine motor carrier.

10-36 Sec. 28. NRS 706.085 is hereby amended to read as follows:

10-37 706.085 "Household goods" means personal effects and property used

10-38 or to be used in a dwelling which are part of the equipment or supply of the

10-39 dwelling and [such] other similar property . [as the authority may provide

10-40 by regulation.] The term does not include property moving from a factory

10-41 or store, except property that the householder has purchased with the intent

10-42 to use in his dwelling and that is transported at the request of, and the

10-43 transportation charges paid to the carrier by, the householder.

11-1 Sec. 29. NRS 706.124 is hereby amended to read as follows:

11-2 706.124 1. "Taxicab" means a vehicle which is not operated over a

11-3 fixed route, is designed or constructed to accommodate and transport not

11-4 more than six passengers, including the driver, and is:

11-5 [1.] (a) Fitted with a taximeter or has some other device, method or

11-6 system to indicate and determine the passenger fare charged for the

11-7 distance traveled;

11-8 [2.] (b) Used in the transportation of passengers or light express, or

11-9 both, for which a charge or fee is received; or

11-10 [3.] (c) Operated in any service which is held out to the public as being

11-11 available for the transportation of passengers from place to place in the

11-12 State of Nevada.

11-13 2. The term does not include a motor vehicle of:

11-14 (a) A common motor carrier;

11-15 (b) A contract motor carrier;

11-16 (c) An employer who operates the vehicle for the transportation of his

11-17 employees, whether or not the employees pay for the transportation;

11-18 (d) An operator of a bus service; or

11-19 (e) A limousine motor carrier.

11-20 Sec. 30. NRS 706.151 is hereby amended to read as follows:

11-21 706.151 1. It is hereby declared to be the purpose and policy of the

11-22 legislature in enacting this chapter:

11-23 (a) [Except to the extent otherwise provided in NRS 706.881 to

11-24 706.885, inclusive, to] To confer upon the transportation services authority

11-25 the power and to make it the duty of the transportation services authority

11-26 to regulate [fully regulated carriers,] operators of tow cars [and brokers of

11-27 regulated services] to the extent provided in this chapter , and to confer

11-28 upon the department the power to license all motor carriers subject to the

11-29 provisions of this chapter and to make it the duty of the department to

11-30 enforce the provisions of this chapter and the regulations adopted by the

11-31 transportation services authority pursuant [to it,] thereto, to relieve the

11-32 undue burdens on the highways arising by reason of the use of the highways

11-33 by vehicles in a gainful occupation thereon.

11-34 (b) To provide for reasonable compensation for the use of the highways

11-35 in gainful occupations, and enable the State of Nevada, by using license

11-36 fees, to provide for the proper construction, maintenance and repair thereof,

11-37 and thereby protect the safety and welfare of the traveling and shipping

11-38 public in their use of the highways.

11-39 (c) To provide for fair and impartial regulation, to promote safe,

11-40 adequate, economical and efficient service and to foster sound economic

11-41 conditions in motor transportation.

11-42 (d) To encourage the establishment and maintenance of reasonable

11-43 charges for [:

12-1 (1) Intrastate transportation by fully regulated carriers; and

12-2 (2) Towing] towing services performed without the prior consent of

12-3 the owner of the vehicle or the person authorized by the owner to operate

12-4 the vehicle, without unjust discriminations against or undue preferences or

12-5 advantages being given to any [motor carrier] operator of a tow car or

12-6 applicant for a certificate of public convenience and necessity.

12-7 (e) To discourage any practices which would tend to increase or create

12-8 competition that may be detrimental to the [traveling and shipping public or

12-9 the motor carrier] business of towing vehicles without the prior consent of

12-10 the owner of the vehicle or the person authorized by the owner to operate

12-11 the vehicle within this state.

12-12 2. All [of] the provisions of this chapter must be administered and

12-13 enforced with a view to carrying out the declaration of policy contained in

12-14 this section.

12-15 Sec. 31. NRS 706.1511 is hereby amended to read as follows:

12-16 706.1511 1. The transportation services authority is hereby created.

12-17 2. The chief of the transportation services authority [consists of three

12-18 members appointed by the governor. After the initial term each member

12-19 shall serve] is the commissioner of the transportation services authority.

12-20 The governor shall appoint the commissioner for a term of 4 years.

12-21 3. The [governor shall appoint to the authority members who] person

12-22 appointed as the commissioner must have at least 2 years of experience in

12-23 one or more of the following fields:

12-24 (a) Accounting.

12-25 (b) Business administration.

12-26 (c) Economics.

12-27 (d) Administrative law.

12-28 (e) Transportation.

12-29 (f) Professional engineering.

12-30 [At least one but not more than two of the members appointed must be

12-31 residents of Clark County.

12-32 4. Not more than two of the members may be:

12-33 (a) Members of the same political party.

12-34 (b) From the same field of experience.

12-35 5. All of the members]

12-36 4. The commissioner must be [persons who are] a person who is

12-37 independent of the industries regulated by the transportation services

12-38 authority. No elected officer of this state or any political subdivision is

12-39 eligible for appointment.

12-40 [6. The members of the authority]

12-41 5. The commissioner shall give [their] his entire time to the business

12-42 of the transportation services authority and shall not pursue any other

12-43 business or vocation or hold any other office of profit.

13-1 [7. Each member of the authority]

13-2 6. The commissioner serves at the pleasure of the governor.

13-3 Sec. 32. NRS 706.1513 is hereby amended to read as follows:

13-4 706.1513 The transportation services authority may sue and be sued in

13-5 the name of the transportation services authority.

13-6 Sec. 33. NRS 706.1515 is hereby amended to read as follows:

13-7 706.1515 1. Any [common or contract carrier] operator of a tow car

13-8 subject to the jurisdiction of the transportation services authority that

13-9 elects to maintain its books and records outside the State of Nevada [shall,]

13-10 must, in addition to any other assessment and fees provided for by law, be

13-11 assessed in advance by the transportation services authority for an amount

13-12 which the transportation services authority reasonably estimates will be

13-13 equal to the amount that will be incurred for the travel expenses and the

13-14 excess of the out-of-state subsistence allowances over the in-state

13-15 subsistence allowances, as fixed by NRS 281.160, [of members] by the

13-16 commissioner of the transportation services authority and staff, for

13-17 investigations, inspections and audits required to be performed outside this

13-18 state.

13-19 2. The [assessments] actual amount of the assessment provided for by

13-20 this section must be determined by the transportation services authority

13-21 upon the completion of each such investigation, inspection, audit or

13-22 appearance . [and are] If the actual amount of the assessment is less than

13-23 the estimated amount of the assessment, the transportation services

13-24 authority shall refund the difference to the affected operator, as

13-25 appropriate. If the actual amount of the assessment is greater than the

13-26 estimated amount of the assessment paid by the affected operator, the

13-27 transportation services authority shall assess the affected operator an

13-28 amount that is equal to the difference between the estimated and actual

13-29 assessment. The final assessment is due within 30 days after receipt by the

13-30 affected [common or contract carrier] operator of the notice of the

13-31 assessment.

13-32 3. The records of the transportation services authority relating to the

13-33 additional costs incurred by reason of the necessary additional travel must

13-34 be open for inspection by the affected [common or contract carrier]

13-35 operator at any time within the 30-day period.

13-36 Sec. 34. NRS 706.1516 is hereby amended to read as follows:

13-37 706.1516 1. The transportation services authority regulatory fund is

13-38 hereby created as a special revenue fund. [All] Except as otherwise

13-39 provided in this section, all money collected by the transportation services

13-40 authority pursuant to law must be deposited in the state treasury for credit

13-41 to the fund.

13-42 2. Money in the fund may be used only to defray the costs of:

14-1 (a) Maintaining staff and equipment needed to regulate adequately

14-2 persons subject to the jurisdiction of the transportation services authority.

14-3 (b) Participating in all proceedings relevant to the jurisdiction of the

14-4 transportation services authority.

14-5 (c) Audits, inspections, investigations, publication of notices, reports

14-6 and retaining consultants connected with that maintenance and

14-7 participation.

14-8 (d) The salaries, travel expenses and subsistence allowances of the

14-9 [members] commissioner and staff of the transportation services

14-10 authority.

14-11 3. All claims against the fund must be paid as other claims against the

14-12 state are paid.

14-13 4. The transportation services authority must furnish upon request a

14-14 statement showing the balance remaining in the fund as of the close of the

14-15 preceding fiscal year.

14-16 5. Money collected by the transportation services authority from a

14-17 fine or penalty must be deposited into the state highway fund.

14-18 Sec. 35. NRS 706.1517 is hereby amended to read as follows:

14-19 706.1517 Employees of the transportation services authority who are

14-20 peace officers may carry firearms in the performance of their duties.

14-21 Sec. 36. NRS 706.1518 is hereby amended to read as follows:

14-22 706.1518 Except as otherwise provided in NRS 706.1725, the

14-23 transportation services authority shall make and publish biennial reports

14-24 showing its proceedings. All biennial reports, records, proceedings, papers

14-25 and files of the transportation services authority must be open at all

14-26 reasonable times to the public.

14-27 Sec. 37. NRS 706.156 is hereby amended to read as follows:

14-28 706.156 [1. All common and contract motor carriers and brokers] All

14-29 operators of tow cars are hereby declared to be, to the extent provided in

14-30 this chapter:

14-31 [(a)] 1. Affected with a public interest; and

14-32 [(b)] 2. Subject to NRS [706.011] 706.151 to 706.791, inclusive [.

14-33 2. A purchaser or broker of transportation services which are provided

14-34 by a common motor carrier who holds a certificate of public convenience

14-35 and necessity may resell those services, in combination with other services

14-36 and facilities that are not related to transportation, but only in a manner

14-37 complying with the scope of authority set forth in the certificate of the

14-38 common motor carrier. The authority shall not prohibit or restrict such a

14-39 purchaser or broker from reselling those transportation services to any

14-40 person based upon that person’s affiliation, or lack of affiliation, with any

14-41 group.] , and section 11 of this act.

15-1 Sec. 38. NRS 706.166 is hereby amended to read as follows:

15-2 706.166 The transportation services authority shall:

15-3 1. [Subject to the limitation provided in NRS 706.168 and to] To the

15-4 extent provided in this chapter, supervise and regulate [:

15-5 (a) Every fully regulated carrier and broker of regulated services in this

15-6 state in all matters directly related to those activities of the motor carrier

15-7 and broker actually necessary for the transportation of persons or property,

15-8 including the handling and storage of that property, over and along the

15-9 highways.

15-10 (b) Every] every operator of a tow car concerning the rates and charges

15-11 assessed for towing services performed without the prior consent of the

15-12 operator of the vehicle or the person authorized by the owner to operate the

15-13 vehicle and pursuant to the provisions of NRS [706.011] 706.151 to

15-14 706.791, inclusive [.] , and section 11 of this act.

15-15 2. [Supervise and regulate the storage of household goods and effects

15-16 in warehouses and the operation and maintenance of such warehouses in

15-17 accordance with the provisions of this chapter and chapter 712 of NRS.

15-18 3.] Enforce the standards of safety applicable to the employees,

15-19 equipment, facilities and operations of [those common and contract carriers

15-20 subject to the authority or the department] operators of tow cars by:

15-21 (a) Providing training in safety;

15-22 (b) Reviewing and observing the programs or inspections of [the carrier]

15-23 operators of tow cars relating to safety; and

15-24 (c) Conducting inspections relating to safety . [at the operating terminals

15-25 of the carrier.

15-26 4.] 3. To carry out the policies expressed in NRS 706.151, adopt

15-27 regulations providing for agreements between two or more [fully regulated

15-28 carriers or two or more] operators of tow cars relating to:

15-29 (a) [Fares of fully regulated carriers;

15-30 (b)] All rates of [fully regulated carriers and rates of] operators of tow

15-31 cars for towing services performed without the prior consent of the owner

15-32 of the vehicle or the person authorized by the owner to operate the vehicle;

15-33 [(c) Classifications;

15-34 (d) Divisions;

15-35 (e) Allowances; and

15-36 (f) All charges of fully regulated carriers] and

15-37 (b) All charges of operators of tow cars for towing services performed

15-38 without the prior consent of the owner of the vehicle or the person

15-39 authorized by the owner to operate the vehicle . [, including charges

15-40 between carriers and compensation paid or received for the use of facilities

15-41 and equipment.]

15-42 These regulations may not provide for collective agreements which restrain

15-43 any party from taking free and independent action.

16-1 [5.] 4. Review decisions of [the] a taxicab authority appealed to the

16-2 transportation services authority pursuant to NRS 706.8819.

16-3 Sec. 39. NRS 706.167 is hereby amended to read as follows:

16-4 706.167 1. Each [fully regulated carrier,] operator of a tow car [and

16-5 common or contract carrier] regulated by the transportation services

16-6 authority shall:

16-7 (a) Keep uniform and detailed accounts of all business transacted in the

16-8 manner required by the transportation services authority by regulation and

16-9 render them to the transportation services authority upon its request.

16-10 (b) Furnish an annual report to the transportation services authority in

16-11 the form and detail that it prescribes by regulation.

16-12 The regulations of the transportation services authority may not require an

16-13 operator of a tow car to keep accounts and report information concerning

16-14 towing services performed without the prior consent of the owner of the

16-15 vehicle or the person authorized by the owner to operate the vehicle other

16-16 than information that is necessary to permit the transportation services

16-17 authority to enforce the provisions of NRS [706.011] 706.151 to 706.791,

16-18 inclusive [.

16-19 2. Except as otherwise provided in subsection 3, the] , and section 11

16-20 of this act.

16-21 2. The reports required by this section must be prepared for each

16-22 calendar year and submitted not later than May 15 of the year following the

16-23 year for which the report is submitted.

16-24 3. [A carrier may, with the permission of the authority, prepare the

16-25 reports required by this section for a year other than a calendar year that the

16-26 authority specifies and submit them not later than a date specified by the

16-27 authority in each year.

16-28 4.] If the transportation services authority finds that necessary

16-29 information is not contained in a report submitted pursuant to this section,

16-30 it may call for the omitted information at any time.

16-31 Sec. 40. NRS 706.1675 is hereby amended to read as follows:

16-32 706.1675 Every annual report, record or statement required by law to

16-33 be made to the transportation services authority must be submitted under

16-34 oath by the proper officer, agent or person responsible for submitting the

16-35 report, record or statement.

16-36 Sec. 41. NRS 706.169 is hereby amended to read as follows:

16-37 706.169 The department shall [:

16-38 1. Regulate the activities of common and contract carriers of property

16-39 other than fully regulated carriers and operators of tow cars.

16-40 2. Regulate] regulate the licensing of private motor carriers of property

16-41 used for private commercial enterprises on any highway in this state.

17-1 Sec. 42. NRS 706.171 is hereby amended to read as follows:

17-2 706.171 1. The [authority and the] department may:

17-3 (a) Make necessary and reasonable regulations governing the

17-4 administration and enforcement of the provisions of this chapter for which

17-5 [they are each] the department is responsible.

17-6 (b) Adopt by reference any appropriate rule or regulation, as it exists at

17-7 the time of adoption, issued by the United States Department of

17-8 Transportation, the Surface Transportation Board, any other agency of the

17-9 Federal Government, or the National Association of Regulatory Utility

17-10 Commissioners.

17-11 (c) Require such reports and the maintenance of such records as [they

17-12 determine] the department determines to be necessary for the

17-13 administration and enforcement of this chapter.

17-14 (d) Except as otherwise provided in this section, examine, at any time

17-15 during the business hours of the day, the books, papers and records of any

17-16 [fully regulated carrier, and of any other] common, contract or private

17-17 motor carrier , taxicab motor carrier, limousine motor carrier or operator

17-18 of a tow car doing business in this state to the extent necessary for [their

17-19 respective duties. The authority and] the department to carry out the

17-20 provisions of this chapter. The department may examine in other states or

17-21 require by subpoena the production inside this state of such books, papers

17-22 and records as are not maintained in this state.

17-23 (e) Temporarily waive any requirement for a [certificate or permit]

17-24 license when an emergency exists as defined in NRS 706.561.

17-25 2. No personnel records of an employee of a [fully regulated carrier, or

17-26 of any other] common, contract or private motor carrier , taxicab motor

17-27 carrier, limousine motor carrier or operator of a tow car may be

17-28 examined pursuant to paragraph (d) of subsection 1 unless the records

17-29 contain information relating to a matter of public safety or [the authority

17-30 and] the department [determine] determines that the examination is

17-31 required to protect the interests of the public.

17-32 3. The department may adopt regulations to ensure the payment of any

17-33 fee due or authorized pursuant to the provisions of this chapter.

17-34 4. As used in this section, "personnel records" does not include:

17-35 (a) The name of the employee who is the subject of the record;

17-36 (b) The gross compensation and perquisites of the employee;

17-37 (c) Any record of the business expenses of the employee;

17-38 (d) The title or any description of the position held by the employee;

17-39 (e) The qualifications required for the position held by the employee;

17-40 (f) The business address of the employee;

17-41 (g) The telephone number of the employee at his place of business;

17-42 (h) The work schedule of the employee;

17-43 (i) The date on which the employee began his employment; and

18-1 (j) If applicable, the date on which the employment of the employee was

18-2 terminated.

18-3 Sec. 43. NRS 706.1715 is hereby amended to read as follows:

18-4 706.1715 1. The attorney general shall:

18-5 (a) Act as counsel and attorney for the transportation services authority

18-6 in all actions, proceedings and hearings.

18-7 (b) Prosecute in the name of the transportation services authority all

18-8 civil actions for the enforcement of this chapter and for the recovery of any

18-9 penalty or forfeiture provided for therein.

18-10 (c) Generally aid the transportation services authority in the

18-11 performance of its duties and the enforcement of this chapter.

18-12 2. The attorney general or any district attorney may prosecute any

18-13 violation of this chapter [or chapter 712 of NRS] for which a criminal

18-14 penalty is provided.

18-15 Sec. 44. NRS 706.1717 is hereby amended to read as follows:

18-16 706.1717 The transportation services authority may, in carrying out its

18-17 duties:

18-18 1. Cooperate with the Federal Government and its departments and

18-19 agencies.

18-20 2. Confer with the regulatory agencies of other states on matters of

18-21 mutual concern and benefit to persons served by operators of tow cars,

18-22 taxicab motor carriers and limousine motor carriers of this state.

18-23 3. Use the services, records, facilities and cooperation of federal and

18-24 state regulatory agencies, and hold joint hearings and participate in joint

18-25 conferences to reach decisions in matters that require cooperation. All

18-26 necessary expenses incurred in attending hearings and conferences outside

18-27 this state are a charge against the state and must be audited and paid as

18-28 other claims against the state are paid.

18-29 Sec. 45. NRS 706.172 is hereby amended to read as follows:

18-30 706.172 1. The transportation services authority may:

18-31 (a) Make necessary and reasonable regulations governing the

18-32 administration and enforcement of the provisions of this chapter for

18-33 which the transportation services authority is responsible.

18-34 (b) Require such reports and the maintenance of such records as the

18-35 transportation services authority determines to be necessary for the

18-36 administration and enforcement of this chapter.

18-37 (c) Temporarily waive any requirement for a certificate when an

18-38 emergency exists as defined in NRS 706.561.

18-39 2. Except as otherwise provided in subsection [2, any, member of] 3,

18-40 the commissioner of the transportation services authority , or any officer

18-41 or employee of the transportation services authority who is designated by

18-42 the commissioner of the transportation services authority may examine

18-43 during the regular business hours the books, accounts, records, minutes,

19-1 papers and property of any person who is regulated by the transportation

19-2 services authority . [and who does business in this state, whether or not the

19-3 book, account, record, minutes, paper or property is located within this

19-4 state.

19-5 2.] The transportation services authority may examine in other states

19-6 or require by subpoena the production inside this state of any such

19-7 books, accounts, records, minutes, papers and property that are not

19-8 maintained in this state.

19-9 3. No personnel records of an employee may be examined pursuant to

19-10 subsection [1] 2 unless the records contain information relating to a matter

19-11 of public safety or the transportation services authority determines that the

19-12 examination is required to protect the interests of the public.

19-13 [3.] 4. As used in this section, "personnel records" does not include:

19-14 (a) The name of the employee who is the subject of the record;

19-15 (b) The gross compensation and perquisites of the employee;

19-16 (c) Any record of the business expenses of the employee;

19-17 (d) The title or any description of the position held by the employee;

19-18 (e) The qualifications required for the position held by the employee;

19-19 (f) The business address of the employee;

19-20 (g) The telephone number of the employee at his place of business;

19-21 (h) The work schedule of the employee;

19-22 (i) The date on which the employee began his employment; and

19-23 (j) If applicable, the date on which the employment of the employee was

19-24 terminated.

19-25 Sec. 46. NRS 706.1725 is hereby amended to read as follows:

19-26 706.1725 1. Any books, accounts, records, minutes, papers and

19-27 property of any [carrier] operator of a tow car that are subject to

19-28 examination pursuant to NRS 706.1518 and 706.172, and are made

19-29 available to the transportation services authority, any officer or employee

19-30 of the transportation services authority, or any other person under the

19-31 condition that the disclosure of such information to the public be withheld

19-32 or otherwise limited, must not be disclosed to the public unless the

19-33 transportation services authority first determines that the disclosure is

19-34 justified.

19-35 2. The transportation services authority shall take such actions as are

19-36 necessary to protect the confidentiality of such information, including,

19-37 without limitation:

19-38 (a) Granting such protective orders as it deems necessary; and

19-39 (b) Holding closed hearings to receive or examine such information.

19-40 3. If the transportation services authority closes a hearing to receive or

19-41 examine such information, it shall:

19-42 (a) Restrict access to the records and transcripts of such hearings

19-43 without the prior approval of the transportation services authority or an

20-1 order of a court of competent jurisdiction authorizing access to the records

20-2 or transcripts; and

20-3 (b) Prohibit any participant at such a hearing from disclosing such

20-4 information without the prior authorization of the transportation services

20-5 authority.

20-6 4. The transportation services authority shall consider in an open

20-7 meeting whether the information reviewed or examined in a closed hearing

20-8 may be disclosed without revealing the confidential subject matter of the

20-9 information. To the extent the transportation services authority determines

20-10 the information may be disclosed, the information must become a part of

20-11 the records available to the public. Information that the transportation

20-12 services authority determines may not be disclosed must be kept under seal.

20-13 Sec. 47. NRS 706.173 is hereby amended to read as follows:

20-14 706.173 1. The transportation services authority or the department

20-15 may, by regulation applicable to [common, contract and private motor

20-16 carriers of passengers and property,] operators of tow cars, adopt standards

20-17 for safety for drivers and vehicles.

20-18 2. The department may, by regulation applicable to common,

20-19 contract and private motor carriers of passengers or property, taxicab

20-20 motor carriers, limousine motor carriers and operators of tow cars, adopt

20-21 standards for safety for drivers and vehicles.

20-22 3. The department may, by regulation applicable to all motor vehicles

20-23 transporting hazardous materials, adopt standards for the transportation of

20-24 hazardous materials and hazardous waste as defined in NRS 459.430.

20-25 Sec. 48. NRS 706.176 is hereby amended to read as follows:

20-26 706.176 The commissioner of the transportation services authority

20-27 may:

20-28 1. Appoint a deputy who serves in the unclassified service of the state.

20-29 2. Employ such other personnel as may be necessary.

20-30 Sec. 49. NRS 706.197 is hereby amended to read as follows:

20-31 706.197 1. The transportation services authority may collect fees for

20-32 the filing of any official document required by this chapter or by a

20-33 regulation of the transportation services authority.

20-34 2. Filing fees may not exceed:

20-35 (a) For applications, $200.

20-36 (b) For petitions seeking affirmative relief, $200.

20-37 (c) For each tariff page that requires public notice and is not attached to

20-38 an application, $10. If more than one page is filed at one time, the total fee

20-39 may not exceed the cost of notice and publication.

20-40 (d) For all other documents that require public notice, $10.

20-41 (e) For an amended application, the cost of publication.

21-1 3. If an application or other document is rejected by the transportation

21-2 services authority because it is inadequate or inappropriate, the filing fee

21-3 must be returned.

21-4 4. The transportation services authority may not charge any fee for

21-5 filing a complaint.

21-6 Sec. 50. NRS 706.201 is hereby amended to read as follows:

21-7 706.201 To the extent that such costs cannot be paid for from the

21-8 transportation services authority regulatory fund, the costs of administration

21-9 of [this chapter] NRS 706.151 to 706.791, inclusive, and section 11 of this

21-10 act by the transportation services authority must be paid from the state

21-11 highway fund on claims presented by the transportation services authority

21-12 or department, approved by the state board of examiners.

21-13 Sec. 51. NRS 706.226 is hereby amended to read as follows:

21-14 706.226 No common, contract or private motor carrier , taxicab motor

21-15 carrier, limousine motor carrier or operator of a tow car may operate on

21-16 any highway [nor any broker of regulated services engage in business] in

21-17 this state except in accordance with the provisions of this chapter.

21-18 Sec. 51.5. NRS 706.231 is hereby amended to read as follows:

21-19 706.231 Sheriffs and all other peace officers and traffic officers of this

21-20 state are charged with the duty, without further compensation, of assisting

21-21 in the enforcement of this chapter. [They] The officers shall make arrests

21-22 for this purpose when requested by an authorized agent of the department,

21-23 transportation services authority or other competent authority.

21-24 Sec. 52. NRS 706.246 is hereby amended to read as follows:

21-25 706.246 1. Except as otherwise provided in NRS 706.235:

21-26 [1.] (a) A common or contract motor carrier , taxicab motor carrier,

21-27 limousine motor carrier or operator of a tow car shall not permit or

21-28 require a driver to drive or tow any vehicle revealed by inspection or

21-29 operation to be in such condition that its operation would be hazardous or

21-30 likely to result in a breakdown of the vehicle, and a driver shall not drive or

21-31 tow any vehicle which by reason of its mechanical condition is so

21-32 imminently hazardous to operate as to be likely to cause an accident or a

21-33 breakdown of the vehicle. If, while any vehicle is being operated on a

21-34 highway, it is discovered to be in such an unsafe condition, it may be

21-35 continued in operation, except as further limited by [subsection 2,]

21-36 paragraph (b) or (c), only to the nearest place where repairs can safely be

21-37 effected, and even that operation may be conducted only if it is less

21-38 hazardous to the public than permitting the vehicle to remain on the

21-39 highway.

21-40 [2. A common or contract motor carrier or private motor carrier]

21-41 (b) An operator of a tow car shall not permit or require a driver to drive

21-42 or tow, and a driver shall not drive or tow, any vehicle which:

22-1 [(a)] (1) By reason of its mechanical condition is so imminently

22-2 hazardous to operate as to be likely to cause an accident or a breakdown;

22-3 and

22-4 [(b)] (2) Has been declared "out of service" by an authorized

22-5 employee of the transportation services authority . [or the department.]

22-6 When the repairs have been made, the [carrier] operator shall so certify to

22-7 the transportation services authority [or the department, whichever agency

22-8 declared the vehicle "out of service,"] as required by the transportation

22-9 services authority . [or the department.]

22-10 (c) A common or contract motor carrier, private motor carrier,

22-11 taxicab motor carrier, limousine motor carrier or operator of a tow car

22-12 shall not permit or require a driver to drive, and a driver shall not drive,

22-13 any vehicle which:

22-14 (1) By reason of its mechanical condition is so imminently

22-15 hazardous to operate as to be likely to cause an accident or a breakdown;

22-16 and

22-17 (2) Has been declared "out of service" by an authorized employee

22-18 of the department.

22-19 When the repairs have been made, the carrier or operator, as

22-20 appropriate, shall so certify to the department, as required by the

22-21 department.

22-22 2. The transportation services authority may adopt such regulations

22-23 as are necessary to carry out a program for inspecting vehicles pursuant

22-24 to this section.

22-25 Sec. 53. NRS 706.251 is hereby amended to read as follows:

22-26 706.251 1. Every person operating a vehicle used by any motor

22-27 carrier under the jurisdiction of the transportation services authority shall

22-28 forthwith report each accident occurring on the public highway, wherein the

22-29 vehicle may have injured the person or property of some person other than

22-30 the person or property carried by the vehicle, to the sheriff or other peace

22-31 officer of the county where the accident occurred. If the accident

22-32 immediately or proximately causes death, the person in charge of the

22-33 vehicle, or any officer investigating the accident, shall furnish to the

22-34 transportation services authority such detailed report thereof as required by

22-35 the transportation services authority.

22-36 2. All accident reports required in this section must be filed in the

22-37 office of the transportation services authority and there preserved. An

22-38 accident report made as required by this chapter, or any report of the

22-39 transportation services authority made pursuant to any accident

22-40 investigation made by it, is not open to public inspection and must not be

22-41 disclosed to any person, except upon order of the transportation services

22-42 authority. The reports must not be admitted as evidence or used for any

23-1 purpose in any action for damages growing out of any matter mentioned in

23-2 the accident report or report of any such investigation.

23-3 Sec. 54. NRS 706.256 is hereby amended to read as follows:

23-4 706.256 The transportation services authority may, in the interest of

23-5 safety or service, after hearing:

23-6 1. Determine and order repairs of facilities of [common and contract

23-7 motor carriers;] operators of tow cars; and

23-8 2. Order the use of safety appliances by such carriers in the interest of

23-9 the public and employees.

23-10 Sec. 55. NRS 706.281 is hereby amended to read as follows:

23-11 706.281 [1.] In addition to any identifying device provided for in this

23-12 chapter, each motor vehicle [within the provisions of NRS 706.011 to

23-13 706.791, inclusive,] under the jurisdiction of the transportation services

23-14 authority must have the name of the person or operator operating the

23-15 vehicle prominently and conspicuously displayed on both sides of the

23-16 vehicle in such location, size and style as may be specified by the

23-17 transportation services authority. The display shall not be deemed to be

23-18 advertising for the purposes of NRS 706.285 unless additional information

23-19 about the operator is included.

23-20 [2. This section does not apply to motor vehicles:

23-21 (a) Weighing 10,000 pounds or less operated by private carriers and not

23-22 operated in combination with any other vehicle.

23-23 (b) Operated by an employer for the transportation of his employees,

23-24 whether or not the employees pay for the transportation.]

23-25 Sec. 56. NRS 706.285 is hereby amended to read as follows:

23-26 706.285 All advertising by [:

23-27 1. A fully regulated carrier of intrastate commerce; and

23-28 2. An] an operator of a tow car, must include the number of the

23-29 certificate of public convenience and necessity [or contract carrier’s permit]

23-30 issued to him by the transportation services authority.

23-31 Sec. 57. NRS 706.2855 is hereby amended to read as follows:

23-32 706.2855 1. If the transportation services authority finds, after

23-33 notice and hearing, that a person has violated NRS 706.285, the

23-34 transportation services authority may, in addition to any penalty,

23-35 punishment or disciplinary action authorized by this chapter, petition a

23-36 court of competent jurisdiction for an injunction prohibiting the person

23-37 from continuing to:

23-38 (a) Engage in advertising that violates the provisions of NRS 706.285;

23-39 or

23-40 (b) Use any telephone number mentioned in such advertising for any

23-41 purpose.

23-42 2. If the court finds that the respondent has engaged in advertising that

23-43 is unlawful pursuant to NRS 706.285, the court shall:

24-1 (a) Enjoin him from continuing the advertising.

24-2 (b) Enjoin him from using the telephone number mentioned in the

24-3 advertising for any purpose.

24-4 (c) Issue an order that requires the telephone number mentioned in the

24-5 advertising to be disconnected.

24-6 (d) Forward a copy of the order to the appropriate provider of telephone

24-7 service within 5 days after issuing the order.

24-8 (e) If the transportation services authority has revoked the certificate

24-9 of public convenience and necessity of the respondent, cancel the local

24-10 business licenses and permits relating to the operation of the respondent

24-11 that is subject to the jurisdiction of the transportation services authority

24-12 that have been issued to the respondent.

24-13 3. As used in this section, "provider of telephone service" includes, but

24-14 is not limited to:

24-15 (a) A public utility furnishing telephone service.

24-16 (b) A provider of cellular or other service to a telephone that is installed

24-17 in a vehicle or is otherwise portable.

24-18 Sec. 58. NRS 706.286 is hereby amended to read as follows:

24-19 706.286 1. [When] If a complaint is made against any [fully

24-20 regulated carrier or] operator of a tow car [by any person,] that:

24-21 (a) Any of the rates, tolls, charges or schedules, or any joint rate or rates

24-22 assessed by any [fully regulated carrier or by any] operator of a tow car for

24-23 towing services performed without the prior consent of the owner of the

24-24 vehicle or the person authorized by the owner to operate the vehicle are in

24-25 any respect unreasonable or unjustly discriminatory;

24-26 (b) Any of the provisions of NRS 706.445 to 706.453, inclusive, have

24-27 been violated;

24-28 (c) Any regulation, measurement, practice or act directly relating to the

24-29 transportation of persons or property, including the handling and storage of

24-30 that property, is, in any respect, unreasonable, insufficient or unjustly

24-31 discriminatory; or

24-32 (d) Any service is inadequate,

24-33 the transportation services authority shall investigate the complaint. After

24-34 receiving the complaint, the transportation services authority shall give a

24-35 copy of [it] the complaint to the [carrier or] operator of a tow car against

24-36 [whom] which the complaint [is] was made. Within a reasonable time

24-37 thereafter, the [carrier or] operator of a tow car shall provide the

24-38 transportation services authority with [its] his written response to the

24-39 complaint according to the regulations of the transportation services

24-40 authority.

24-41 2. If the transportation services authority determines that probable

24-42 cause exists for the complaint, it shall order a hearing thereof, give notice

24-43 of the hearing and conduct the hearing as it would any other hearing. If the

25-1 complaint has been filed against an operator of a tow car by another

25-2 operator of a tow car and the transportation services authority does not

25-3 find probable cause for the complaint, the transportation services

25-4 authority may recover from the complainant the cost of court reporting

25-5 and investigation, and other necessary expenses incurred by the

25-6 transportation services authority.

25-7 3. No order affecting a rate, toll, charge, schedule, regulation,

25-8 measurement, practice or act complained of may be entered without a

25-9 formal hearing unless the hearing is dispensed with as provided in NRS

25-10 706.2865.

25-11 Sec. 59. NRS 706.2865 is hereby amended to read as follows:

25-12 706.2865 1. When, in any matter pending before the transportation

25-13 services authority, a hearing is required by law, or is normally required by

25-14 the transportation services authority, the transportation services authority

25-15 shall give notice of the pendency of the matter to all persons entitled to

25-16 notice of the hearing. The transportation services authority shall by

25-17 regulation specify:

25-18 (a) The manner of giving notice; and

25-19 (b) Where not specified by law, the persons entitled to notice in each

25-20 type of proceeding.

25-21 2. Unless, within 10 days after the date of the notice of pendency, a

25-22 person entitled to notice of the hearing files with the transportation

25-23 services authority a request that the hearing be held, the transportation

25-24 services authority may dispense with a hearing and act upon the matter

25-25 pending.

25-26 3. If a request for a hearing is filed, the transportation services

25-27 authority shall give at least 10 days’ notice of the hearing.

25-28 4. If an operator of a tow car files an application for a certificate of

25-29 public convenience and necessity or an application to transfer a certificate

25-30 of public convenience and necessity with the authority, the authority shall

25-31 give notice pursuant to the provisions of subsection 1.

25-32 Sec. 60. NRS 706.2873 is hereby amended to read as follows:

25-33 706.2873 1. A complete record must be kept of all hearings before

25-34 the transportation services authority, and all testimony must be taken down

25-35 by the stenographer appointed by the transportation services authority, or,

25-36 under the direction of any competent person appointed by the

25-37 transportation services authority, reported by sound recording equipment

25-38 in the manner authorized for reporting testimony in district courts. The

25-39 testimony reported by a stenographer must be transcribed and filed with the

25-40 record in the matter. The transportation services authority may by

25-41 regulation provide for the transcription or safekeeping of sound recordings.

25-42 The costs of recording and transcribing testimony at any hearing, except

25-43 those hearings ordered pursuant to NRS 706.286 must be paid by the

26-1 applicant. If a complaint is made pursuant to NRS 706.286 by a customer

26-2 or by a political subdivision of this state or a municipal organization, the

26-3 complainant is not liable for any costs. Otherwise, if there are several

26-4 applicants or parties to any hearing, the transportation services authority

26-5 may apportion the costs among them in its discretion.

26-6 2. Whenever any petition is served upon the transportation services

26-7 authority, before the action is reached for trial, the transportation services

26-8 authority shall file a certified copy of all proceedings and testimony taken

26-9 with the clerk of the court in which the action is pending.

26-10 3. A copy of the proceedings and testimony must be furnished to any

26-11 party, on payment of a reasonable amount, to be fixed by the

26-12 transportation services authority, and the amount must be the same for all

26-13 parties.

26-14 4. The provisions of this section do not prohibit the transportation

26-15 services authority from restricting access to the records and transcripts of a

26-16 hearing pursuant to subsection 2 of NRS 706.1725.

26-17 Sec. 61. NRS 706.2875 is hereby amended to read as follows:

26-18 706.2875 1. Any party is entitled to an order by the transportation

26-19 services authority for the appearance of witnesses or the production of

26-20 books, papers and documents containing material testimony.

26-21 2. Witnesses appearing upon the order of the transportation services

26-22 authority are entitled to the same fees and mileage as witnesses in civil

26-23 actions in the courts of this state . [, and the fees and mileage must be paid

26-24 out of the state treasury in the same manner as other claims against the state

26-25 are paid.] No fees or mileage may be allowed for a witness appearing

26-26 pursuant to an order of the transportation services authority unless the

26-27 [chairman] commissioner of the transportation services authority certifies

26-28 the correctness of the claim.

26-29 Sec. 62. NRS 706.288 is hereby amended to read as follows:

26-30 706.288 The transportation services authority may require, by order to

26-31 be served on any person regulated by the transportation services authority

26-32 in the same manner as a subpoena in a civil action, the production at a time

26-33 and place designated by the transportation services authority of any books,

26-34 accounts, papers or records kept by the person in any office or place

26-35 outside this state, or verified copies in lieu thereof if the transportation

26-36 services authority so directs, so that an examination may be made by the

26-37 transportation services authority or under its direction, or for use as

26-38 testimony.

26-39 Sec. 62.5. NRS 706.2883 is hereby amended to read as follows:

26-40 706.2883 Any person who is aggrieved by any action or inaction of

26-41 [the] a taxicab authority pursuant to NRS 706.8819 is entitled to judicial

26-42 review of the decision in the manner provided by chapter 233B of NRS.

27-1 The transportation services authority may adopt such regulations as may be

27-2 necessary to provide for its review of decisions of [the] a taxicab authority.

27-3 Sec. 63. NRS 706.2885 is hereby amended to read as follows:

27-4 706.2885 1. A certificate of public convenience and necessity [,

27-5 permit or license issued in accordance with this chapter] issued by the

27-6 transportation services authority is not a franchise and may be revoked.

27-7 2. The transportation services authority may at any time, for good

27-8 cause shown, after investigation and hearing and upon 5 days’ written

27-9 notice to the grantee, suspend any certificate [, permit or license] issued in

27-10 accordance with the provisions of NRS [706.011] 706.151 to 706.791,

27-11 inclusive, and section 11 of this act, for a period not to exceed 60 days.

27-12 3. Upon receipt of a written complaint or on its own motion, the

27-13 transportation services authority may, after investigation and hearing,

27-14 revoke any certificate . [, permit or license.] If service of the notice

27-15 required by subsection 2 cannot be made or if the grantee relinquishes his

27-16 interest in the certificate [, permit or license] by so notifying the

27-17 transportation services authority in writing, the transportation services

27-18 authority may revoke the certificate [, permit or license] without a hearing.

27-19 4. The proceedings thereafter are governed by the provisions of

27-20 chapter 233B of NRS.

27-21 Sec. 64. NRS 706.291 is hereby amended to read as follows:

27-22 706.291 1. The [authority shall require every fully regulated carrier

27-23 and every operator of a tow car, within such time and in such amounts as

27-24 the authority may designate, to file with the authority in a form required

27-25 and approved by the authority a liability insurance policy, or a certificate of

27-26 insurance in lieu thereof, or a bond of a surety company, or other surety, in

27-27 such reasonable sum as the authority may deem necessary to protect

27-28 adequately the interests of the public.

27-29 2. The] department shall require every [other] common and contract

27-30 motor carrier , [and every] private motor carrier, limousine motor carrier

27-31 or operator of a tow car within such time and in such amounts as the

27-32 department may designate, to file with the department in a form required

27-33 and approved by the department a liability insurance policy, or a certificate

27-34 of insurance in lieu thereof, a bond of a surety company, or other surety, in

27-35 such reasonable sum as the department may deem necessary to protect

27-36 adequately the interests of the public. In determining the amount of liability

27-37 insurance or other surety required of a carrier or operator pursuant to this

27-38 subsection, the department shall create a separate category for vehicles with

27-39 a manufacturer’s gross vehicle weight rating of less than 26,000 pounds and

27-40 impose a lesser requirement with respect to such vehicles.

27-41 [3.] 2. The liability insurance policy or certificate, policy or bond of a

27-42 surety company or other surety must bind the obligors thereunder to pay the

28-1 compensation for injuries to persons or for loss or damage to property

28-2 resulting from the negligent operation of the carrier [.

28-3 4. The authority and the] or operator.

28-4 3. The department may [jointly] prescribe by regulation the

28-5 [respective] amounts and forms required by [subsections 1 and 2.]

28-6 subsection 1.

28-7 Sec. 65. NRS 706.296 is hereby amended to read as follows:

28-8 706.296 Every common and contract motor carrier [who] which

28-9 engages in transportation intrastate and the collection of the purchase price

28-10 of goods sold by the shipper to the consignee shall provide a bond, to be

28-11 filed with the [authority,] department, for the benefit of the shipper in an

28-12 amount which the [authority] department deems reasonably sufficient as an

28-13 aggregate but not to exceed $1,000, to insure the shipper against any loss of

28-14 the [moneys] money so collected by the carrier through misappropriation,

28-15 negligence or other defalcations.

28-16 Sec. 66. NRS 706.303 is hereby amended to read as follows:

28-17 706.303 The [authority] department shall adopt regulations requiring

28-18 all operators of horse-drawn vehicles [subject to its regulation and

28-19 supervision] to maintain a contract of insurance against liability for injury

28-20 to persons and damage to property for each such vehicle. The amounts of

28-21 coverage required by the regulations:

28-22 1. Must not exceed a total of:

28-23 (a) For bodily injury to or the death of one person in any one accident,

28-24 $250,000;

28-25 (b) Subject to the limitations of paragraph (a), for bodily injury to or

28-26 death of two or more persons in any one accident, $500,000; and

28-27 (c) For injury to or destruction of property in any one accident, $50,000;

28-28 or

28-29 2. Must not exceed a combined single-limit for bodily injury to one or

28-30 more persons and for injury to or destruction of property in any one

28-31 accident, $500,000.

28-32 Sec. 67. NRS 706.305 is hereby amended to read as follows:

28-33 706.305 The [authority] department shall adopt regulations requiring

28-34 all operators of taxicabs subject to [its] the regulation and supervision of a

28-35 taxicab authority to maintain a contract of insurance against liability for

28-36 injury to persons and damage to property for each taxicab. The amounts of

28-37 coverage required by the regulations:

28-38 1. Must not exceed a total of:

28-39 (a) For bodily injury to or the death of one person in any one accident,

28-40 $250,000;

28-41 (b) Subject to the limitations of paragraph (a), for bodily injury to or

28-42 death of two or more persons in any one accident, $500,000; and

29-1 (c) For injury to or destruction of property in any one accident, $50,000;

29-2 or

29-3 2. Must not exceed a combined single-limit for bodily injury to one or

29-4 more persons and for injury to or destruction of property in any one

29-5 accident, $500,000.

29-6 Sec. 68. NRS 706.3052 is hereby amended to read as follows:

29-7 706.3052 1. Except as otherwise provided in subsection 2, an

29-8 operator of a taxicab may operate under a program of self-insurance in

29-9 compliance with the provisions of NRS 706.3054 or 706.3056 in lieu of the

29-10 insurance against liability required by the regulations adopted pursuant to

29-11 NRS 706.305.

29-12 2. An operator of a taxicab shall not operate under a program of self-

29-13 insurance if any judgment recovered against him has not been paid in full.

29-14 3. An operator of a taxicab to whom the department has issued a

29-15 certificate of self-insurance may self-insure the first $50,000, combined

29-16 single-limit, per accident, of the coverage required by the regulations

29-17 adopted pursuant to NRS 706.305.

29-18 Sec. 69. NRS 706.311 is hereby amended to read as follows:

29-19 706.311 1. [Except as otherwise provided in subsection 2, every

29-20 common and contract motor carrier is required to furnish reasonably

29-21 adequate service and facilities, and all transportation charges made by any

29-22 such carrier must be just and reasonable.

29-23 2.] Every operator of a tow car is required to furnish reasonably

29-24 adequate service and facilities, and all charges assessed for towing services

29-25 performed without the prior consent of the owner of the vehicle or the

29-26 person authorized by the owner to operate the vehicle must be just and

29-27 reasonable.

29-28 [3.] 2. Every unjust and unreasonable charge for such service by any

29-29 [such carrier or] operator of a tow car is prohibited and shall be deemed to

29-30 be unlawful.

29-31 Sec. 70. NRS 706.321 is hereby amended to read as follows:

29-32 706.321 1. [Except as otherwise provided in subsection 2, every

29-33 common or contract motor carrier shall file with the authority:

29-34 (a) Within a time to be fixed by the authority, schedules and tariffs that

29-35 must:

29-36 (1) Be open to public inspection; and

29-37 (2) Include all rates, fares and charges which the carrier has

29-38 established and which are in force at the time of filing for any service

29-39 performed in connection therewith by any carrier controlled and operated

29-40 by it.

29-41 (b) As a part of that schedule, all regulations of the carrier that in any

29-42 manner affect the rates or fares charged or to be charged for any service

30-1 and all regulations of the carrier that the carrier has adopted to comply with

30-2 the provisions of NRS 706.011 to 706.791, inclusive.

30-3 2.] Every operator of a tow car shall file with the transportation

30-4 services authority:

30-5 (a) Within a time to be fixed by the transportation services authority,

30-6 schedules and tariffs that must:

30-7 (1) Be open to public inspection; and

30-8 (2) Include all rates and charges for towing services performed

30-9 without the prior consent of the owner of the vehicle or the person

30-10 authorized by the owner to operate the vehicle which the operator has

30-11 established and which are in force at the time of filing.

30-12 (b) As a part of that schedule, all regulations of the operator of the tow

30-13 car which in any manner affect the rates charged or to be charged for

30-14 towing services performed without the prior consent of the owner of the

30-15 vehicle or the person authorized by the owner to operate the vehicle and all

30-16 regulations of the operator of the tow car that the operator has adopted to

30-17 comply with the provisions of NRS [706.011] 706.151 to 706.791,

30-18 inclusive [.

30-19 3.] , and section 11 of this act.

30-20 2. No changes may be made [in any schedule, including schedules of

30-21 joint rates, or] in the regulations affecting any rates or charges, except upon

30-22 [30] 60 days’ notice to the transportation services authority . [, and all

30-23 those changes must be plainly indicated on any new schedules filed in lieu

30-24 thereof 30 days before the time they are to take effect.] The transportation

30-25 services authority, upon application of any [carrier,] operator of a tow car,

30-26 may prescribe a shorter time within which changes may be made. The [30]

30-27 60 days’ notice is not applicable when the [carrier] operator of a tow car

30-28 gives written notice to the transportation services authority 10 days before

30-29 the effective date of its participation in a tariff bureau’s rates and tariffs,

30-30 provided the rates and tariffs have been previously filed with and approved

30-31 by the transportation services authority.

30-32 [4.] 3. The transportation services authority may at any time, upon its

30-33 own motion, investigate any of the rates, fares, charges, regulations,

30-34 practices and services filed pursuant to this section and, after hearing, by

30-35 order, make such changes as may be just and reasonable.

30-36 [5.] 4. The transportation services authority may dispense with the

30-37 hearing on any change requested in rates, fares, charges, regulations,

30-38 practices or service filed pursuant to this section.

30-39 [6.] 5. All rates, fares, charges, classifications and joint rates,

30-40 regulations, practices and services fixed by the transportation services

30-41 authority are in force, and are prima facie lawful, from the date of the order

30-42 until changed or modified by the transportation services authority, or

30-43 pursuant to NRS 706.2883.

31-1 [7. All regulations, practices and service prescribed by the authority

31-2 must be enforced and are prima facie reasonable unless suspended or found

31-3 otherwise in an action brought for the purpose, or until changed or

31-4 modified by the authority itself upon satisfactory showing made.]

31-5 Sec. 71. NRS 706.323 is hereby amended to read as follows:

31-6 706.323 1. Except as otherwise provided in subsection 2, the

31-7 transportation services authority may not investigate, suspend, revise or

31-8 revoke any rate that is subject to the approval of the transportation services

31-9 authority pursuant to NRS 706.321 and proposed by [a common motor

31-10 carrier or contract motor carrier] an operator of a tow car because the rate

31-11 is too high or too low and therefore unreasonable if:

31-12 (a) The [motor carrier] operator of a tow car notifies the transportation

31-13 services authority that it wishes to have the rate reviewed by the

31-14 transportation services authority pursuant to this subsection; and

31-15 (b) The rate resulting from all increases or decreases within 1 year is not

31-16 more than 10 percent above or 10 percent below the rate in effect 1 year

31-17 before the effective date of the proposed rate.

31-18 2. This section does not limit the authority of the transportation

31-19 services authority to investigate, suspend, revise or revoke a proposed rate

31-20 if the rate would violate the provisions of NRS 706.151.

31-21 Sec. 72. NRS 706.326 is hereby amended to read as follows:

31-22 706.326 1. Whenever there is filed with the transportation services

31-23 authority pursuant to NRS 706.321 any schedule or tariff stating a new or

31-24 revised individual or joint rate, fare or charge, or any new or revised

31-25 individual or joint regulation or practice affecting any rate, fare or charge,

31-26 or any schedule or tariff resulting in a discontinuance, modification or

31-27 restriction of service, the transportation services authority may commence

31-28 an investigation or, upon reasonable notice, hold a hearing concerning the

31-29 propriety of the rate, fare, charge, classification, regulation, discontinuance,

31-30 modification, restriction or practice.

31-31 2. Pending the investigation or hearing and the decision thereon, the

31-32 transportation services authority, upon delivering to the [common or

31-33 contract motor carrier] operator of a tow car affected thereby a statement

31-34 in writing of its reasons for the suspension, may suspend the operation of

31-35 the schedule or tariff and defer the use of the rate, fare, charge,

31-36 classification, regulation, discontinuance, modification, restriction or

31-37 practice, but not for a longer period than 150 days beyond the [time] date

31-38 when the rate, fare, charge, classification, regulation, discontinuance,

31-39 modification, restriction or practice would otherwise go into effect.

31-40 3. After full investigation or hearing, whether completed before or after

31-41 the date upon which the rate, fare, charge, classification, regulation,

31-42 discontinuance, modification, restriction or practice is to go into effect, the

31-43 transportation services authority may make such order in reference to the

32-1 rate, fare, charge, classification, regulation, discontinuance, modification,

32-2 restriction or practice as would be proper in a proceeding initiated after the

32-3 rate, fare, charge, classification, regulation, discontinuance, modification,

32-4 restriction or practice has become effective.

32-5 4. The transportation services authority shall determine whether it is

32-6 necessary to hold a hearing to consider the proposed change in any

32-7 schedule stating a new or revised individual or joint rate, fare or charge. In

32-8 making that determination, the transportation services authority shall

32-9 consider all timely written protests, any presentation the staff of the

32-10 transportation services authority may desire to present, the application and

32-11 any other matters deemed relevant by the transportation services authority.

32-12 Sec. 73. NRS 706.331 is hereby amended to read as follows:

32-13 706.331 1. If, after due investigation and hearing, any authorized

32-14 rates, tolls, fares, charges, schedules, tariffs, joint rates or any regulation [,

32-15 measurement, practice, act or service] that is subject to the approval of the

32-16 transportation services authority is complained of and is found to be

32-17 unjust, unreasonable, insufficient, preferential, unjustly discriminatory or

32-18 otherwise in violation of the provisions of this chapter, or if it is found that

32-19 the service is inadequate, or that any reasonable service cannot be obtained,

32-20 the transportation services authority may substitute therefor such other

32-21 rates, tolls, fares, charges, tariffs, schedules or regulations, [measurements,

32-22 practices, service or acts] and make an order relating thereto as may be just

32-23 and reasonable.

32-24 2. When complaint is made of more than one matter, the

32-25 transportation services authority may order separate hearings upon the

32-26 several matters complained of at such times and places as it may prescribe.

32-27 3. No complaint may at any time be dismissed because of the absence

32-28 of direct damage to the complainant.

32-29 4. The transportation services authority may at any time, upon its own

32-30 motion, investigate any of the matters listed in subsection 1, and, after a full

32-31 hearing, by order, make such changes as may be just and reasonable, the

32-32 same as if a formal complaint had been made.

32-33 Sec. 74. NRS 706.341 is hereby amended to read as follows:

32-34 706.341 [1.] An operator of a tow car shall, in the manner prescribed

32-35 by the transportation services authority, notify the transportation services

32-36 authority if the operator discontinues providing towing services from an

32-37 operating terminal or establishes a new operating terminal from which a

32-38 tow car provides towing services within 30 days after the operator

32-39 discontinues providing towing services from an operating terminal or

32-40 commences operations at the new terminal.

32-41 [2. A common motor carrier, other than an operator of a tow car,

32-42 authorized to operate by NRS 706.011 to 706.791, inclusive, shall not

32-43 discontinue any service established pursuant to the provisions of NRS

33-1 706.011 to 706.791, inclusive, and all other laws relating thereto and made

33-2 applicable thereto by NRS 706.011 to 706.791, inclusive, without an order

33-3 of the authority granted only after public notice or hearing in the event of

33-4 protest.]

33-5 Sec. 75. NRS 706.346 is hereby amended to read as follows:

33-6 706.346 1. Except as otherwise provided in subsection 3, a copy, or

33-7 so much of the schedule or tariff as the transportation services authority

33-8 determines necessary for the use of the public, must be printed in plain type

33-9 and posted [in every office of a common motor carrier where payments are

33-10 made by customers or users,] by each operator of a tow car in such places

33-11 as the transportation services authority may require which are open to the

33-12 public [, in such form and place] so as to be readily accessible to the public

33-13 and conveniently inspected.

33-14 2. Except as otherwise provided in subsection 3, [when] if a schedule

33-15 or tariff of joint rates or charges is or may be in force between two or more

33-16 [common motor carriers or between any such carrier and a public utility,]

33-17 operators of tow cars, the schedule or tariff must be printed and posted in

33-18 the manner prescribed in subsection 1.

33-19 3. Only the rates for towing services performed without the prior

33-20 consent of the owner of the vehicle or the person authorized by the owner

33-21 to operate the vehicle must be printed and posted by an operator of a tow

33-22 car pursuant to subsections 1 and 2.

33-23 Sec. 76. NRS 706.351 is hereby amended to read as follows:

33-24 706.351 1. It is unlawful for:

33-25 (a) A [fully regulated] taxicab motor carrier or limousine motor carrier

33-26 to furnish any pass, frank, free or reduced rates for transportation to any

33-27 state, city, district, county or municipal officer of this state or to any person

33-28 other than those specifically enumerated in this section.

33-29 (b) Any person other than those specifically enumerated in this section

33-30 to receive any pass, frank, free or reduced rates for transportation.

33-31 2. This section does not prevent the carriage, storage or hauling free or

33-32 at reduced rates of passengers or property for charitable organizations or

33-33 purposes for the United States, the State of Nevada or any political

33-34 subdivision thereof.

33-35 3. This chapter does not prohibit a fully regulated common carrier from

33-36 giving free or reduced rates for transportation of persons to:

33-37 (a) Its own officers, commission agents or employees, or members of

33-38 any profession licensed under Title 54 of NRS retained by it, and members

33-39 of their families.

33-40 (b) Inmates of hospitals or charitable institutions and persons over 60

33-41 years of age.

33-42 (c) Persons who are physically handicapped or mentally handicapped

33-43 and who present a written statement from a physician to that effect.

34-1 (d) Persons injured in accidents or wrecks and physicians and nurses

34-2 attending such persons.

34-3 (e) Persons providing relief in cases of common disaster.

34-4 (f) Attendants of livestock or other property requiring the care of an

34-5 attendant, who must be given return passage to the place of shipment, if

34-6 there is no discrimination among shippers of a similar class.

34-7 (g) Officers, agents, employees or members of any profession licensed

34-8 under Title 54 of NRS, together with members of their families, who are

34-9 employed by or affiliated with other common carriers, if there is an

34-10 interchange of free or reduced rates for transportation.

34-11 (h) Indigent, destitute or homeless persons when under the care or

34-12 responsibility of charitable societies, institutions or hospitals, together with

34-13 the necessary agents employed in such transportation.

34-14 (i) Students of institutions of learning, including, without limitation,

34-15 homeless students, whether the free or reduced rate is given directly to a

34-16 student or to the board of trustees of a school district on behalf of a student.

34-17 (j) Groups of persons participating in a tour for a purpose other than

34-18 transportation.

34-19 4. [This section does not prohibit common motor carriers from giving

34-20 free or reduced rates for the transportation of property of:

34-21 (a) Their officers, commission agents or employees, or members of any

34-22 profession licensed under Title 54 of NRS retained by them, or pensioned

34-23 or disabled former employees, together with that of their dependents.

34-24 (b) Witnesses attending any legal investigations in which such carriers

34-25 are interested.

34-26 (c) Persons providing relief in cases of common disaster.

34-27 (d) Charitable organizations providing food and items for personal

34-28 hygiene to needy persons or to other charitable organizations within this

34-29 state.

34-30 5. This section does not prohibit the authority from establishing

34-31 reduced rates, fares or charges for specified routes or schedules of any

34-32 common motor carrier providing transit service if the reduced rates, fares

34-33 or charges are determined by the authority to be in the public interest.

34-34 6. Only fully regulated common carriers may provide free or reduced

34-35 rates for the transportation of passengers or household goods, pursuant to

34-36 the provisions of this section.

34-37 7.] As used in this section, "employees" includes:

34-38 (a) Furloughed, pensioned and superannuated employees.

34-39 (b) Persons who have become disabled or infirm in the service of [such

34-40 carriers.] a taxicab motor carrier or limousine motor carrier.

34-41 (c) Persons who are traveling to enter the service of such a carrier.

35-1 Sec. 77. NRS 706.361 is hereby amended to read as follows:

35-2 706.361 1. A person with a disability is entitled to the full and equal

35-3 enjoyment of the services and facilities of any common motor carrier of

35-4 passengers, contract motor carrier of passengers , taxicab motor carrier,

35-5 limousine motor carrier or other entity providing a means of public

35-6 conveyance and transportation operating within this state.

35-7 2. A common motor carrier of passengers, a contract motor carrier of

35-8 passengers , a taxicab motor carrier, a limousine motor carrier and other

35-9 entities providing means of public conveyance and transportation shall

35-10 designate a person responsible for ensuring that the carrier complies with

35-11 the applicable provisions of the Americans with Disabilities Act of 1990,

35-12 42 U.S.C. §§ 12101 to 12213, inclusive, and 47 U.S.C. §§ 225 and 611,

35-13 and the regulations adopted pursuant to that act.

35-14 3. The person designated pursuant to subsection 2 shall conduct

35-15 training sessions for the employees of the carrier or entity. Each employee

35-16 must be provided at least 3 hours of training during one or more training

35-17 sessions. During the training sessions, the designee shall:

35-18 (a) Describe the carrier’s plan for compliance with the Americans with

35-19 Disabilities Act of 1990 and the regulations adopted pursuant to that act;

35-20 (b) Explain the obligations of the employees to assist a person with a

35-21 disability to store a mobility device;

35-22 (c) Explain the illegality of charging an additional fee or a higher fare to

35-23 a person with a disability; and

35-24 (d) Ensure that each employee is trained in accordance with the

35-25 requirements of 49 C.F.R. § 37.173.

35-26 4. It is unlawful for any person to deny any of the privileges granted by

35-27 subsection 1.

35-28 5. It is unlawful for any common motor carrier, contract motor carrier ,

35-29 taxicab motor carrier, limousine motor carrier or other entity providing a

35-30 means of public conveyance or transportation operating within this state, to:

35-31 (a) Deny the equal enjoyment of its services and facilities to a person

35-32 with a disability by the arbitrary, capricious or unreasonable interference,

35-33 direct or indirect, with the use of aids and appliances used by a person with

35-34 a disability;

35-35 (b) Fail to designate a person pursuant to subsection 2; or

35-36 (c) Fail to conduct the training sessions in the manner described in

35-37 subsection 3.

35-38 6. As used in this section, "disability" has the meaning ascribed to it in

35-39 49 C.F.R. § 37.3.

35-40 Sec. 78. NRS 706.366 is hereby amended to read as follows:

35-41 706.366 1. It is unlawful for a common motor carrier of passengers ,

35-42 taxicab motor carrier, limousine motor carrier or other means of public

35-43 conveyance or transportation operating in this state to:

36-1 (a) Refuse service to a visually, aurally or physically handicapped

36-2 person because he is accompanied by a guide dog, hearing dog, helping

36-3 dog or other service animal;

36-4 (b) Refuse service to a person who is training a guide dog, hearing dog,

36-5 helping dog or other service animal because he is accompanied by such an

36-6 animal; or

36-7 (c) Charge an additional fee for such an animal.

36-8 2. This section does not relieve a visually, aurally or physically

36-9 handicapped person or a person who trains a guide dog, hearing dog,

36-10 helping dog or other service animal from liability for damage which may be

36-11 caused by his animal.

36-12 3. Visually, aurally or physically handicapped persons accompanied by

36-13 guide dogs, hearing dogs, helping dogs or other service animals are subject

36-14 to the same conditions and limitations that apply to persons who are not so

36-15 handicapped and accompanied.

36-16 4. For the purposes of this section, the terms "guide dog," "hearing

36-17 dog," "helping dog" and "service animal" have the meanings ascribed to

36-18 them respectively in NRS 426.075, 426.081, 426.083 and 426.097.

36-19 Sec. 79. NRS 706.386 is hereby amended to read as follows:

36-20 706.386 It is unlawful, except as otherwise provided in NRS

36-21 [373.117,] 706.446, 706.453 and 706.745, for [any fully regulated common

36-22 motor carrier] a person to operate as [a carrier of intrastate commerce and

36-23 any] an operator of a tow car to perform towing services performed

36-24 without the prior consent of the owner of the vehicle or the person

36-25 authorized by the owner to operate the vehicle within this state without

36-26 first obtaining a certificate of public convenience and necessity from the

36-27 transportation services authority.

36-28 Sec. 80. NRS 706.398 is hereby amended to read as follows:

36-29 706.398 The transportation services authority:

36-30 1. Shall revoke or suspend, pursuant to the provisions of this chapter,

36-31 the certificate of public convenience and necessity of [a common motor

36-32 carrier] an operator of a tow car which has failed to:

36-33 (a) File the annual report required by NRS 706.167 within 60 days after

36-34 the report is due; or

36-35 (b) Operate as [a carrier of intrastate commerce] an operator of a tow

36-36 car in this state under the terms and conditions of its certificate,

36-37 unless the [carrier] operator has obtained the prior permission of the

36-38 transportation services authority.

36-39 2. May revoke or suspend, pursuant to the provisions of NRS

36-40 706.2885, the certificate of public convenience and necessity of [a common

36-41 motor carrier] an operator of a tow car which has failed to comply with

36-42 any provision of this chapter or any regulation of the transportation

36-43 services authority adopted pursuant thereto.

37-1 Sec. 81. NRS 706.411 is hereby amended to read as follows:

37-2 706.411 Every order by the transportation services authority refusing

37-3 or granting any certificates of public convenience and necessity, or granting

37-4 or refusing permission to discontinue, modify or restrict service is prima

37-5 facie lawful from the date of the order until changed or modified by the

37-6 order of the transportation services authority pursuant to the provisions of

37-7 this chapter.

37-8 Sec. 82. NRS 706.445 is hereby amended to read as follows:

37-9 706.445 The transportation services authority may not regulate the:

37-10 1. Geographical area in which towing services performed without the

37-11 prior consent of the owner of the vehicle or the person authorized by the

37-12 owner to operate the vehicle are provided;

37-13 2. Types of towing services performed without the prior consent of

37-14 the owner of the vehicle or the person authorized by the owner to operate

37-15 the vehicle that are provided; or

37-16 3. Rates and charges assessed or the terms and conditions imposed for

37-17 towing services performed with the prior consent of the owner of the

37-18 vehicle or the person authorized by the owner to operate the vehicle,

37-19 by an operator of a tow car.

37-20 Sec. 83. NRS 706.446 is hereby amended to read as follows:

37-21 706.446 The provisions of this chapter do not require an operator of a

37-22 tow car who provides towing for a licensed motor club regulated pursuant

37-23 to chapter 696A of NRS to obtain a certificate of public convenience and

37-24 necessity or to comply with the regulations or rates adopted by the

37-25 transportation services authority to provide that towing.

37-26 Sec. 84. NRS 706.4463 is hereby amended to read as follows:

37-27 706.4463 1. In addition to the other requirements of this chapter,

37-28 each operator of a tow car shall, to protect the health, safety and welfare of

37-29 the public:

37-30 (a) Obtain a certificate of public convenience and necessity from the

37-31 transportation services authority before he provides any services other than

37-32 those services which he provides as a private motor carrier of property

37-33 pursuant to the provisions of this chapter;

37-34 (b) Use a tow car of sufficient size and weight which is appropriately

37-35 equipped to transport safely the vehicle which is being towed; and

37-36 (c) Comply with the provisions of NRS [706.011] 706.151 to 706.791,

37-37 inclusive [.] , and section 11 of this act.

37-38 2. A person who wishes to obtain a certificate of public convenience

37-39 and necessity to operate a tow car must file an application with the

37-40 transportation services authority.

37-41 3. The transportation services authority shall issue a certificate of

37-42 public convenience and necessity to an operator of a tow car if it

37-43 determines that the applicant:

38-1 (a) Complies with the requirements of paragraphs (b) and (c) of

38-2 subsection 1;

38-3 (b) Complies with the requirements of the regulations adopted by the

38-4 transportation services authority pursuant to the provisions of this chapter;

38-5 (c) Has provided evidence that he has filed with the [authority]

38-6 department a liability insurance policy, a certificate of insurance or a bond

38-7 of a surety and bonding company or other surety required for every

38-8 operator of a tow car pursuant to the provisions of NRS 706.291; and

38-9 (d) Has provided evidence that he has filed with the transportation

38-10 services authority schedules and tariffs pursuant to [subsection 2 of] NRS

38-11 706.321.

38-12 4. An applicant for a certificate has the burden of proving to the

38-13 transportation services authority that the proposed operation will meet the

38-14 requirements of subsection 3.

38-15 5. The transportation services authority may hold a hearing to

38-16 determine whether an applicant is entitled to a certificate only if:

38-17 (a) Upon the expiration of the time fixed in the notice that an application

38-18 for a certificate of public convenience and necessity is pending, a petition

38-19 to intervene has been granted by the transportation services authority; or

38-20 (b) The transportation services authority finds that after reviewing the

38-21 information provided by the applicant and inspecting the operations of the

38-22 applicant, it cannot make a determination as to whether the applicant has

38-23 complied with the requirements of subsection 3.

38-24 Sec. 85. NRS 706.4464 is hereby amended to read as follows:

38-25 706.4464 1. An operator of a tow car who is issued a certificate of

38-26 public convenience and necessity may transfer it to another operator of a

38-27 tow car qualified pursuant to the provisions of NRS [706.011] 706.151 to

38-28 706.791, inclusive, and section 11 of this act, but no such transfer is valid

38-29 for any purpose until a joint application to make the transfer is made to the

38-30 transportation services authority by the transferor and the transferee, and

38-31 the transportation services authority has authorized the substitution of the

38-32 transferee for the transferor. No transfer of stock of a corporate operator of

38-33 a tow car subject to the jurisdiction of the transportation services authority

38-34 is valid without the prior approval of the transportation services authority

38-35 if the effect of the transfer would be to change the corporate control of the

38-36 operator of a tow car or if a transfer of 15 percent or more of the common

38-37 stock of the operator of a tow car is proposed.

38-38 2. The transportation services authority shall approve an application

38-39 filed with it pursuant to subsection 1 if it determines that the transferee:

38-40 (a) Complies with the provisions of NRS [706.011] 706.151 to 706.791,

38-41 inclusive, and section 11 of this act, and the regulations adopted by the

38-42 transportation services authority pursuant to those provisions;

39-1 (b) Uses equipment that is in compliance with the regulations adopted

39-2 by the transportation services authority;

39-3 (c) Has provided evidence that he has filed with the [authority]

39-4 department a liability insurance policy, a certificate of insurance or a bond

39-5 of a surety and bonding company or other surety required for every

39-6 operator of a tow car pursuant to the provisions of NRS 706.291; and

39-7 (d) Has provided evidence that he has filed with the transportation

39-8 services authority schedules and tariffs pursuant to NRS 706.321 which

39-9 contain rates and charges and the terms and conditions that the operator of

39-10 the tow car requires to perform towing services without the prior consent of

39-11 the owner of the vehicle or the person authorized by the owner to operate

39-12 the vehicle which do not exceed the rates and charges that the transferor

39-13 was authorized to assess for the same services.

39-14 3. The transportation services authority may hold a hearing

39-15 concerning an application submitted pursuant to this section only if:

39-16 (a) Upon the expiration of the time fixed in the notice that an application

39-17 for transfer of a certificate of public convenience and necessity is pending,

39-18 a petition to intervene has been granted by the transportation services

39-19 authority; or

39-20 (b) The transportation services authority finds that after reviewing the

39-21 information provided by the applicant and inspecting the operations of the

39-22 applicant, it cannot make a determination as to whether the applicant has

39-23 complied with the requirements of subsection 2.

39-24 4. The transportation services authority shall not hold a hearing on an

39-25 application submitted pursuant to this section if the application is made to

39-26 transfer the certificate of public convenience and necessity from a natural

39-27 person or partners to a corporation whose controlling stockholders will be

39-28 substantially the same person or partners.

39-29 5. The approval by the transportation services authority of an

39-30 application for transfer of a certificate of public convenience and necessity

39-31 of an operator of a tow car is not valid after the expiration of the term for

39-32 the transferred certificate.

39-33 Sec. 86. NRS 706.4468 is hereby amended to read as follows:

39-34 706.4468 1. Each operator of a tow car shall file its charges for

39-35 preparing or satisfying a lien to which the operator is entitled against a

39-36 vehicle that was towed without the prior consent of the owner of the vehicle

39-37 or the person authorized by the owner to operate the vehicle. The

39-38 transportation services authority may investigate any charge filed pursuant

39-39 to this subsection and revise the charge as necessary to ensure that the

39-40 charge is reasonable.

39-41 2. An operator of a tow car may not impose a charge or any part of a

39-42 charge filed pursuant to subsection 1 unless the operator:

39-43 (a) Has initiated the procedure by which a person may satisfy a lien; and

40-1 (b) Stores the vehicle for at least 96 hours.

40-2 3. If an operator of a tow car stores a vehicle that was towed without

40-3 the prior consent of the owner of the vehicle or the person authorized by the

40-4 owner to operate the vehicle for at least 96 hours but not more than 336

40-5 hours, the operator may charge an amount not to exceed 50 percent of the

40-6 charge approved by the transportation services authority pursuant to

40-7 subsection 1 for preparing or satisfying a lien.

40-8 4. If an operator of a tow car stores a vehicle that was towed without

40-9 the prior consent of the owner of the vehicle or the person authorized by the

40-10 owner to operate the vehicle for more than 336 hours, the operator may

40-11 charge an amount not to exceed 50 percent of the charge approved by the

40-12 transportation services authority pursuant to subsection 1 for preparing or

40-13 satisfying a lien in addition to the amount charged pursuant to subsection 3.

40-14 Sec. 87. NRS 706.4473 is hereby amended to read as follows:

40-15 706.4473 The operator shall inform each owner, or agent of the owner,

40-16 of a towed motor vehicle that the owner or agent may file a complaint with

40-17 the transportation services authority regarding any violation of the

40-18 provisions of this chapter.

40-19 Sec. 88. NRS 706.4483 is hereby amended to read as follows:

40-20 706.4483 1. The transportation services authority shall act upon

40-21 complaints regarding the failure of an operator of a tow car to comply with

40-22 the provisions of NRS [706.011] 706.151 to 706.791, inclusive [.] , and

40-23 section 11 of this act.

40-24 2. In addition to any other remedies that may be available to the

40-25 transportation services authority to act upon complaints, the

40-26 transportation services authority may order the release of towed motor

40-27 vehicles, cargo or personal property upon such terms and conditions as the

40-28 transportation services authority determines to be appropriate.

40-29 Sec. 89. NRS 706.4485 is hereby amended to read as follows:

40-30 706.4485 A law enforcement agency that maintains and uses a list of

40-31 operators of tow cars which are called by that agency to provide towing

40-32 shall not include an operator of a tow car on the list unless he:

40-33 1. Holds a certificate of public convenience and necessity issued by the

40-34 transportation services authority.

40-35 2. Complies with all applicable provisions of this chapter and chapters

40-36 482 and 484 of NRS.

40-37 3. Agrees to respond in a timely manner to requests for towing made

40-38 by the agency.

40-39 4. Maintains adequate, accessible and secure storage within the State of

40-40 Nevada for any vehicle that is towed.

40-41 5. Complies with all standards the law enforcement agency may adopt

40-42 to protect the health, safety and welfare of the public.

41-1 6. Assesses only rates and charges that have been approved by the

41-2 transportation services authority for towing services performed without the

41-3 prior consent of the owner of the vehicle or the person authorized by the

41-4 owner to operate the vehicle.

41-5 7. The transportation services authority shall not require that an

41-6 operator of a tow car charge the same rate to law enforcement agencies for

41-7 towing services performed without the prior consent of the owner of the

41-8 vehicle or the person authorized by the owner to operate the vehicle that the

41-9 operator charges to other persons for such services.

41-10 Sec. 90. NRS 706.449 is hereby amended to read as follows:

41-11 706.449 The transporation services authority may impose an

41-12 administrative fine pursuant to subsection 2 of NRS 706.771 on the owner

41-13 or operator of a tow car who fails to pay in a timely manner any charge

41-14 required to be paid by subsection 2 of NRS 484.631.

41-15 Sec. 91. NRS 706.451 is hereby amended to read as follows:

41-16 706.451 1. Each owner or operator of a tow car subject to the

41-17 jurisdiction of the transportation services authority shall, before

41-18 commencing to operate or continuing operation after July 1, 1971, and

41-19 annually thereafter, pay to the transportation services authority for each

41-20 tow car operated, a fee of not more than [$36.] $75.

41-21 2. The fee provided in this section must be paid on or before January 1

41-22 of each year.

41-23 3. The initial fee must be reduced one-twelfth for each month which

41-24 has elapsed since the beginning of the calendar year before July 1, 1971,

41-25 for those tow cars lawfully operating on that date or before the

41-26 commencement of operation of each tow car commencing operation after

41-27 July 1, 1971.

41-28 4. Any person who fails to pay any fee on or before the date provided

41-29 in this section shall pay a penalty of 10 percent of the amount of the fee

41-30 plus interest on the amount of the fee at the rate of 1 percent per month or

41-31 fraction of a month from the date the fee is due until the date of payment.

41-32 Sec. 92. NRS 706.457 is hereby amended to read as follows:

41-33 706.457 The transportation services authority may by subpoena

41-34 require any person believed by it to be subject to any of the provisions of

41-35 NRS [706.011] 706.151 to 706.791, inclusive, and section 11 of this act,

41-36 who has not obtained a required certificate of public convenience and

41-37 necessity [or a required permit] issued in accordance with those sections, to

41-38 appear before it with all [of] his relevant books, papers and records and to

41-39 testify concerning the scope, nature and conduct of his business.

41-40 Sec. 93. NRS 706.458 is hereby amended to read as follows:

41-41 706.458 1. The district court in and for the county in which any

41-42 investigation or hearing is being conducted by the transportation services

41-43 authority pursuant to the provisions of this chapter may compel the

42-1 attendance of witnesses, the giving of testimony and the production of

42-2 books and papers as required by any subpoena issued by the transportation

42-3 services authority.

42-4 2. If any witness refuses to attend or testify or produce any papers

42-5 required by such subpoena the transportation services authority may report

42-6 to the district court in and for the county in which the investigation or

42-7 hearing is pending by petition, setting forth:

42-8 (a) That due notice has been given of the time and place of attendance of

42-9 the witness or the production of the books and papers;

42-10 (b) That the witness has been subpoenaed in the manner prescribed in

42-11 this chapter; and

42-12 (c) That the witness has failed and refused to attend or produce the

42-13 papers required by subpoena in the investigation or hearing named in the

42-14 subpoena, or has refused to answer questions propounded to him in the

42-15 course of such investigation or hearing,

42-16 and asking an order of the court compelling the witness to attend and testify

42-17 or produce the books or papers.

42-18 3. The court, upon petition of the transportation services authority,

42-19 shall enter an order directing the witness to appear before the court at a

42-20 time and place to be fixed by the court in such order, the time to be not

42-21 more than 10 days [from] after the date of the order, and then and there

42-22 show cause why he has not attended or testified or produced the books or

42-23 papers before the transportation services authority. A certified copy of the

42-24 order must be served upon the witness. If it appears to the court that the

42-25 subpoena was regularly issued, the court shall thereupon enter an order that

42-26 the witness appear at the time and place fixed in the order and testify or

42-27 produce the required books or papers, and upon failure to obey the order

42-28 the witness must be dealt with as for contempt of court.

42-29 Sec. 94. NRS 706.461 is hereby amended to read as follows:

42-30 706.461 When:

42-31 1. A complaint has been filed with the transportation services

42-32 authority alleging that any vehicle is being operated without a certificate of

42-33 public convenience and necessity [or contract carrier’s permit] as required

42-34 by NRS [706.011] 706.151 to 706.791, inclusive [;] , and section 11 of this

42-35 act; or

42-36 2. The transportation services authority has reason to believe that any:

42-37 (a) Person is advertising to provide [:

42-38 (1) The services of a fully regulated carrier in intrastate commerce; or

42-39 (2) Towing services,] towing services performed without the prior

42-40 consent of the owner of the vehicle or the person authorized by the owner

42-41 to operate the vehicle without including the number of his certificate of

42-42 public convenience and necessity or permit in each advertisement; or

43-1 (b) Provision of NRS [706.011] 706.151 to 706.791, inclusive, and

43-2 section 11 of this act, is being violated,

43-3 the transportation services authority shall investigate the operations or

43-4 advertising and may, after a hearing, order the owner or operator of the

43-5 vehicle or the person advertising to cease and desist from any operation or

43-6 advertising in violation of NRS [706.011] 706.151 to 706.791, inclusive [.]

43-7 , and section 11 of this act. The transportation services authority shall

43-8 enforce compliance with the order pursuant to the powers vested in the

43-9 transportation services authority by NRS [706.011] 706.151 to 706.791,

43-10 inclusive, and section 11 of this act, or by other law.

43-11 Sec. 95. NRS 706.473 is hereby amended to read as follows:

43-12 706.473 1. [In a county whose population is less than 400,000, a] A

43-13 person who holds a certificate of public convenience and necessity which

43-14 was issued for the operation of a taxicab business subject to the

43-15 jurisdiction of a taxicab authority may, upon approval from the taxicab

43-16 authority, lease a taxicab to an independent contractor who does not hold a

43-17 certificate of public convenience and necessity. A person may lease only

43-18 one taxicab to each independent contractor with whom he enters into a

43-19 lease agreement. The taxicab may be used only in a manner authorized by

43-20 the lessor’s certificate of public convenience and necessity.

43-21 2. A person who enters into a lease agreement with an independent

43-22 contractor pursuant to this section shall submit a copy of the agreement to

43-23 the appropriate taxicab authority for its approval. The agreement is not

43-24 effective until approved by the taxicab authority.

43-25 3. A person who leases a taxicab to an independent contractor is jointly

43-26 and severally liable with the independent contractor for any violation of the

43-27 provisions of this chapter relating to the regulation of taxicabs or the

43-28 regulations adopted pursuant thereto, and shall ensure that the independent

43-29 contractor complies with such provisions and regulations.

43-30 4. The taxicab authority which has jurisdiction over a lease

43-31 agreement or [any of its employees] its administrator may intervene in a

43-32 civil action involving a lease agreement entered into pursuant to this

43-33 section.

43-34 Sec. 96. NRS 706.475 is hereby amended to read as follows:

43-35 706.475 1. [The] A taxicab authority shall adopt such regulations as

43-36 are necessary to:

43-37 (a) Carry out the provisions of NRS 706.473; and

43-38 (b) Ensure that the taxicab business remains safe, adequate and reliable.

43-39 2. Such regulations must include, without limitation:

43-40 (a) The minimum qualifications for an independent contractor;

43-41 (b) [Requirements related to liability insurance;

43-42 (c)] Minimum safety standards; and

44-1 [(d)] (c) The procedure for approving a lease agreement and the

44-2 provisions that must be included in a lease agreement concerning the

44-3 grounds for the revocation of such approval.

44-4 Sec. 97. NRS 706.491 is hereby amended to read as follows:

44-5 706.491 Every person operating as a common, contract or private

44-6 motor carrier , a taxicab motor carrier, a limousine motor carrier or an

44-7 operator of a tow car must, before commencing operation in this state in

44-8 any calendar year, secure from the department a license and make payments

44-9 therefor as provided in NRS [706.011] 706.151 to 706.861, inclusive, and

44-10 section 11 of this act, as applicable.

44-11 Sec. 98. NRS 706.631 is hereby amended to read as follows:

44-12 706.631 The remedies of the state provided for in NRS [706.011]

44-13 706.151 to 706.861, inclusive, and section 11 of this act are cumulative,

44-14 and no action taken by the department or transportation services authority

44-15 may be construed to be an election on the part of the state or any of its

44-16 officers to pursue any remedy under NRS [706.011] 706.151 to 706.861,

44-17 inclusive, and section 11 of this act, to the exclusion of any other remedy

44-18 for which provision is made in NRS [706.011] 706.151 to 706.861,

44-19 inclusive [.] , and section 11 of this act.

44-20 Sec. 99. NRS 706.736 is hereby amended to read as follows:

44-21 706.736 1. Except as otherwise provided in subsection 2, the

44-22 provisions of NRS [706.011] 706.151 to 706.791, inclusive, and section 11

44-23 of this act do not apply to:

44-24 (a) The transportation by a contractor licensed by the state contractors’

44-25 board of his own equipment in his own vehicles from job to job.

44-26 (b) Any person engaged in transporting his own personal effects in his

44-27 own vehicle, but the provisions of this subsection do not apply to any

44-28 person engaged in transportation by vehicle of property sold or to be sold,

44-29 or used by him in the furtherance of any commercial enterprise other than

44-30 as provided in paragraph (d), or to the carriage of any property for

44-31 compensation.

44-32 (c) Special mobile equipment.

44-33 (d) The vehicle of any person, when that vehicle is being used in the

44-34 production of motion pictures, including films to be shown in theaters and

44-35 on television, industrial training and educational films, commercials for

44-36 television and video discs and tapes.

44-37 (e) A private motor carrier of property which is used for any convention,

44-38 show, exhibition, sporting event, carnival, circus or organized recreational

44-39 activity.

44-40 (f) A private motor carrier of property which is used to attend livestock

44-41 shows and sales.

45-1 2. Unless exempted by a specific state statute or a specific federal

45-2 statute, regulation or rule, any person referred to in subsection 1 is subject

45-3 to:

45-4 (a) The provisions of paragraph (d) of subsection 1 of NRS 706.171 or

45-5 subsection 2 of NRS 706.172, as appropriate, and NRS 706.235 to

45-6 706.256, inclusive, 706.281, 706.457 and 706.458.

45-7 (b) All rules and regulations adopted by reference pursuant to

45-8 [paragraph (b) of subsection 1 of NRS 706.171] NRS 706.151 to 706.791,

45-9 inclusive, and section 11 of this act, by the department or transportation

45-10 services authority, as appropriate, concerning the safety of drivers and

45-11 vehicles.

45-12 (c) All standards adopted by regulation pursuant to NRS 706.173.

45-13 3. The provisions of NRS 706.311 to 706.453, inclusive, [706.471,

45-14 706.473, 706.475 and 706.6411] which authorize the transportation

45-15 services authority to issue [:

45-16 (a) Except as otherwise provided in paragraph (b), certificates of public

45-17 convenience and necessity and contract carriers’ permits and to regulate

45-18 rates, routes and services apply only to fully regulated carriers.

45-19 (b) Certificates] certificates of public convenience and necessity to

45-20 operators of tow cars and to regulate rates for towing services performed

45-21 without the prior consent of the owner of the vehicle or the person

45-22 authorized by the owner to operate the vehicle apply to operators of tow

45-23 cars.

45-24 4. Any person who operates pursuant to a claim of an exemption

45-25 provided by this section but who is found to be operating in a manner not

45-26 covered by any of those exemptions immediately becomes liable, in

45-27 addition to any other penalties provided in this chapter, for the fee

45-28 appropriate to his actual operation as prescribed in this chapter, computed

45-29 from the date when that operation began.

45-30 Sec. 100. NRS 706.745 is hereby amended to read as follows:

45-31 706.745 1. The provisions of NRS 706.386 [and 706.421] do not

45-32 apply to ambulances or hearses.

45-33 2. [A common motor carrier who enters into an agreement for the

45-34 purchase of its service by an incorporated city, county or regional

45-35 transportation commission is not required to obtain a certificate of public

45-36 convenience and necessity to operate a system of public transit consisting

45-37 of regular routes and fixed schedules. Under such an agreement, the public

45-38 entity shall establish the routes and fares and provide for any required

45-39 safety inspections.

45-40 3.] A nonprofit carrier of elderly or physically or mentally handicapped

45-41 persons is not required to obtain a certificate of public convenience and

45-42 necessity to operate as a [common] taxicab motor carrier or limousine

45-43 motor carrier of such passengers only, but such a carrier is not exempt

46-1 from inspection by [the] a taxicab authority to determine whether its

46-2 vehicles and their operation are safe.

46-3 [4.] 3. An incorporated city, county or regional transportation

46-4 commission is not required to obtain a certificate of public convenience and

46-5 necessity to operate a system of public transportation [.] which uses

46-6 taxicabs, limousines or other vehicles for passenger service that would

46-7 otherwise be subject to the jurisdiction of a taxicab authority pursuant to

46-8 this chapter.

46-9 Sec. 101. NRS 706.756 is hereby amended to read as follows:

46-10 706.756 1. Except as otherwise provided in subsection 2, any person

46-11 who:

46-12 (a) Operates a vehicle or causes it to be operated in any carriage to

46-13 which the provisions of NRS [706.011] 706.151 to 706.861, inclusive, and

46-14 section 11 of this act apply without first obtaining a certificate, permit or

46-15 license, or in violation of the terms thereof;

46-16 (b) Fails to make any return or report required by the provisions of NRS

46-17 [706.011] 706.151 to 706.861, inclusive, and section 11 of this act or by

46-18 the transportation services authority or the department pursuant to the

46-19 provisions of NRS [706.011] 706.151 to 706.861, inclusive [;] , and

46-20 section 11 of this act;

46-21 (c) Violates, or procures, aids or abets the violating of, any provision of

46-22 NRS [706.011] 706.151 to 706.861, inclusive [;] , and section 11 of this

46-23 act;

46-24 (d) Fails to obey any order, decision or regulation of the transportation

46-25 services authority or the department;

46-26 (e) Procures, aids or abets any person in his failure to obey such an

46-27 order, decision or regulation of the transportation services authority or the

46-28 department;

46-29 (f) Advertises, solicits, proffers bids or otherwise holds himself out to

46-30 perform [transportation as a common or contract carrier] towing services

46-31 performed without the prior consent of the owner of the vehicle or the

46-32 person authorized by the owner to operate the vehicle in violation of any

46-33 of the provisions of NRS [706.011] 706.151 to 706.861, inclusive [;] , and

46-34 section 11 of this act;

46-35 (g) Advertises as providing [:

46-36 (1) The services of a fully regulated carrier; or

46-37 (2) Towing services,] towing services performed without the prior

46-38 consent of the owner of the vehicle or the person authorized by the owner

46-39 to operate the vehicle without including the number of his certificate of

46-40 public convenience and necessity [or contract carrier’s permit] in each

46-41 advertisement;

46-42 (h) Knowingly offers, gives, solicits or accepts any rebate, concession or

46-43 discrimination in violation of the provisions of this chapter;

47-1 (i) Knowingly, willfully and fraudulently seeks to evade or defeat the

47-2 purposes of this chapter;

47-3 (j) Operates or causes to be operated a vehicle which does not have the

47-4 proper identifying device;

47-5 (k) Displays or causes or permits to be displayed a certificate, permit,

47-6 license or identifying device, knowing it to be fictitious or to have been

47-7 canceled, revoked, suspended or altered;

47-8 (l) Lends or knowingly permits the use of by one not entitled thereto any

47-9 certificate, permit, license or identifying device issued to the person so

47-10 lending or permitting the use thereof; [or]

47-11 (m) Knowingly makes or causes to be made, either directly or

47-12 indirectly, a false statement on an application, account or other

47-13 statement required by the transportation services authority; or

47-14 (n) Refuses or fails to surrender to the transportation services authority

47-15 or department any certificate, permit, license or identifying device which

47-16 has been suspended, canceled or revoked pursuant to the provisions of this

47-17 chapter,

47-18 is guilty of a gross misdemeanor, and upon conviction thereof shall be

47-19 punished by a fine of not less than $100 [nor] and not more than [$1,000,]

47-20 $2,000, or by imprisonment in the county jail for not more than [6 months,]

47-21 1 year, or by both fine and imprisonment.

47-22 2. A person convicted of a gross misdemeanor for a violation of the

47-23 provisions of NRS 706.386 [or 706.421] shall be punished:

47-24 (a) For the first offense , by a fine of not less than $500 [nor] and not

47-25 more than [$1,000;] $2,000;

47-26 (b) For a second offense within 12 consecutive months and each

47-27 subsequent offense , by a fine of [$1,000;] $2,000; or

47-28 (c) For any offense, by imprisonment in the county jail for not more than

47-29 [6 months,] 1 year, or by both the prescribed fine and imprisonment.

47-30 3. [Any person who operates or permits the operation of a vehicle in

47-31 passenger service without a certificate of public convenience and necessity

47-32 issued pursuant to NRS 706.391 is guilty of a gross misdemeanor. If a law

47-33 enforcement officer witnesses a violation of this subsection, he may cause

47-34 the vehicle to be towed immediately from the scene.] The conviction of a

47-35 person pursuant to this section does not bar the transportation services

47-36 authority from suspending or revoking any certificate, permit or license

47-37 of the person convicted. The imposition of a fine or the suspension or

47-38 revocation of any certificate, permit or license by the transportation

47-39 services authority does not operate as a defense in any proceeding

47-40 brought against the person by the transportation services authority

47-41 pursuant to this chapter.

47-42 4. The fines provided in this section are mandatory and must not be

47-43 reduced under any circumstances by the court.

48-1 5. Any bail allowed must not be less than the appropriate fine provided

48-2 for by this section.

48-3 Sec. 102. NRS 706.761 is hereby amended to read as follows:

48-4 706.761 1. Any [agent or person in charge of the books, accounts,

48-5 records, minutes or papers of any private, common or contract motor

48-6 carrier or broker of any of these services] person who holds a certificate

48-7 who refuses or fails for a period of 30 days to furnish the transportation

48-8 services authority or department , as appropriate, with any report required

48-9 by [either] the transportation services authority or department, as

48-10 appropriate, or who fails or refuses to permit any person authorized by the

48-11 transportation services authority or department , as appropriate, to inspect

48-12 such books, accounts, records, minutes or papers on behalf of the

48-13 transportation services authority or department , as appropriate, or

48-14 otherwise interferes with or impedes such an inspection, is liable to pay a

48-15 penalty [in a sum] of not less than [$300 nor more than $500.] $1,000. The

48-16 penalty may be recovered in a civil action upon the complaint of the

48-17 transportation services authority or department , as appropriate, in any

48-18 court of competent jurisdiction.

48-19 2. Each day’s refusal or failure is a separate offense, and is subject to

48-20 the penalty prescribed in this section.

48-21 3. If, after a hearing, the transportation services authority finds that

48-22 a person to whom a certificate has been issued has refused or failed to

48-23 produce a record or allow an inspection in violation of this section, the

48-24 transportation services authority may, upon 5 days’ written notice,

48-25 suspend the certificate.

48-26 Sec. 103. NRS 706.766 is hereby amended to read as follows:

48-27 706.766 1. It is unlawful for any [fully regulated carrier or] operator

48-28 of a tow car to charge, demand, collect or receive a greater or less

48-29 compensation for any service performed by it within this state or for any

48-30 service in connection therewith than is specified in its fare, rates, joint

48-31 rates, charges or rules and regulations on file with the transportation

48-32 services authority, or to demand, collect or receive any fare, rate or charge

48-33 not specified. The rates, tolls and charges named therein are the lawful

48-34 rates, tolls and charges until they are changed as provided in this chapter.

48-35 2. It is unlawful for any [fully regulated carrier or] operator of a tow

48-36 car to grant any rebate, concession or special privilege to any person which,

48-37 directly or indirectly, has or may have the effect of changing the rates, tolls,

48-38 charges or payments.

48-39 3. Any violation of the provisions of this section subjects the violator

48-40 to the penalty prescribed in NRS 706.761.

48-41 Sec. 104. NRS 706.771 is hereby amended to read as follows:

48-42 706.771 1. Any person or any agent or employee thereof, who

48-43 violates any provision of this chapter, any lawful regulation of the

49-1 transportation services authority or any lawful tariff on file with the

49-2 transportation services authority or who fails, neglects or refuses to obey

49-3 any lawful order of the transportation services authority or any court order

49-4 for whose violation a civil penalty is not otherwise prescribed is liable to a

49-5 penalty of not more than $10,000 for any violation. The penalty may be

49-6 recovered in a civil action upon the complaint of the transportation

49-7 services authority in any court of competent jurisdiction.

49-8 2. If the transportation services authority does not bring an action to

49-9 recover the penalty prescribed by subsection 1, the transportation services

49-10 authority may impose an administrative fine of not more than $10,000 for

49-11 any violation of a provision of this chapter or any rule, regulation or order

49-12 adopted or issued by the transportation services authority [or department]

49-13 pursuant to the provisions of this chapter. A fine imposed by the

49-14 transportation services authority may be recovered by the transportation

49-15 services authority only after notice is given and a hearing is held pursuant

49-16 to the provisions of chapter 233B of NRS.

49-17 3. All administrative fines imposed and collected by the transportation

49-18 services authority pursuant to subsection 2 are payable to the state treasurer

49-19 and must be credited to [a separate account to be used by the authority to

49-20 enforce the provisions of this chapter.] the state highway fund.

49-21 4. A penalty or fine recovered pursuant to this section is not a cost of

49-22 service for purposes of rate making.

49-23 Sec. 105. NRS 706.776 is hereby amended to read as follows:

49-24 706.776 1. The owner or operator of a motor vehicle to which any

49-25 provisions of [NRS 706.011 to 706.861, inclusive,] this chapter apply

49-26 carrying passengers or property on any highway in the State of Nevada

49-27 shall not require or permit any driver of the motor vehicle to drive it in any

49-28 one period longer than the time permitted for that period by the order of the

49-29 appropriate taxicab authority or the department.

49-30 2. In addition to other persons so required, the labor commissioner

49-31 shall enforce the provisions of this section.

49-32 Sec. 106. NRS 706.779 is hereby amended to read as follows:

49-33 706.779 The transportation services authority and its inspectors may,

49-34 upon halting a person for a violation of the provisions of NRS 706.386 , [or

49-35 706.421,] move his vehicle or cause it to be moved to the nearest garage or

49-36 other place of safekeeping until it is removed in a manner which complies

49-37 with the provisions of this chapter.

49-38 Sec. 107. NRS 706.781 is hereby amended to read as follows:

49-39 706.781 In addition to all the other remedies provided by NRS

49-40 [706.011] 706.151 to 706.861, inclusive, and section 11 of this act, for the

49-41 prevention and punishment of any violation of the provisions thereof and of

49-42 all orders of the transportation services authority or the department, the

49-43 transportation services authority or the department may compel

50-1 compliance with the provisions of NRS [706.011] 706.151 to 706.861,

50-2 inclusive, and section 11 of this act, and with the orders of the

50-3 transportation services authority or the department by proceedings in

50-4 mandamus, injunction or by other civil remedies.

50-5 Sec. 108. NRS 706.881 is hereby amended to read as follows:

50-6 706.881 [1.] The provisions of NRS [706.8811] 706.88185 to

50-7 706.885, inclusive, and sections 12 to 21, inclusive, of this act, apply to

50-8 [any county:

50-9 (a) Whose population is 400,000 or more; or

50-10 (b) For whom regulation by the taxicab authority is not required if its

50-11 board of county commissioners has enacted an ordinance approving the

50-12 inclusion of the county within the jurisdiction of the taxicab authority.

50-13 2. Upon receipt of a certified copy of such an ordinance from a county

50-14 for whom regulation by the taxicab authority is not required, the taxicab

50-15 authority shall exercise its regulatory authority pursuant to NRS 706.8811

50-16 to 706.885, inclusive, within that county.

50-17 3. Within any such county, the provisions of this chapter which confer

50-18 regulatory authority over taxicab motor carriers upon the transportation

50-19 services authority do not apply.] the business of transporting passengers

50-20 by taxicabs and limousines.

50-21 Sec. 109. NRS 706.88185 is hereby amended to read as follows:

50-22 706.88185 1. When [the] a taxicab authority has reason to believe

50-23 that any provision of NRS 706.881 to 706.885, inclusive, and sections 12

50-24 to 21, inclusive, of this act, is being violated, the taxicab authority shall

50-25 investigate the alleged violation. After a hearing , the taxicab authority may

50-26 issue an order requiring that the certificate holder cease and desist from any

50-27 action that is in violation of NRS 706.881 to 706.885, inclusive [.

50-28 2. The] , and sections 12 to 21, inclusive, of this act.

50-29 2. A taxicab authority shall enforce an order issued pursuant to

50-30 subsection 1 in accordance with the provisions of NRS 706.881 to 706.885,

50-31 inclusive [.] , and sections 12 to 21, inclusive, of this act.

50-32 Sec. 110. NRS 706.8819 is hereby amended to read as follows:

50-33 706.8819 1. [The] A taxicab authority shall conduct hearings and

50-34 make final decisions in the following matters:

50-35 (a) Applications to adjust, alter or change the rates, charges or fares for

50-36 taxicab or limousine service;

50-37 (b) Applications for certificates of public convenience and necessity to

50-38 operate a taxicab or limousine service;

50-39 (c) Applications requesting authority to transfer any existing interest in a

50-40 certificate of public convenience and necessity or in a corporation that

50-41 holds a certificate of public convenience and necessity to operate a taxicab

50-42 or limousine business;

51-1 (d) Applications to change the total number of allocated taxicabs in a

51-2 county [to which NRS 706.881 to 706.885, inclusive, apply;] subject to the

51-3 jurisdiction of the taxicab authority; and

51-4 (e) Appeals from final decisions of [the] its administrator made pursuant

51-5 to NRS 706.8822.

51-6 2. An appeal from the final decision of [the] a taxicab authority must

51-7 be made to the transportation services authority.

51-8 Sec. 111. NRS 706.882 is hereby amended to read as follows:

51-9 706.882 1. The director of the department of business and industry

51-10 shall appoint a taxicab administrator for each of the taxicab authorities

51-11 from a list of three names submitted to him by each of the taxicab

51-12 [authority. The] authorities respectively. Each administrator serves at the

51-13 pleasure of the director [. The administrator] and is in the unclassified

51-14 service of the state.

51-15 2. [The] A taxicab authority may remove [the] its administrator for

51-16 good cause shown.

51-17 3. Except as otherwise provided in NRS 284.143, [the] a taxicab

51-18 administrator shall devote his entire time and attention to the business of

51-19 his office and shall not pursue any other business or occupation or hold any

51-20 other office of profit.

51-21 Sec. 112. NRS 706.8821 is hereby amended to read as follows:

51-22 706.8821 1. [The] An administrator of a taxicab authority is

51-23 responsible for the control and regulation of the taxicab and limousine

51-24 industry in any county [to which NRS 706.881 to 706.885, inclusive,

51-25 apply] subject to the jurisdiction of the taxicab authority and for the

51-26 administration of NRS 706.881 to 706.885, inclusive [.

51-27 2. The] , and sections 12 to 21, inclusive, of this act.

51-28 2. An administrator shall appoint:

51-29 (a) One accountant and such auditors as are necessary to enable the

51-30 administrator to perform his official functions properly; and

51-31 (b) Such other employees as are necessary to enable the administrator to

51-32 perform his official functions properly.

51-33 Sec. 113. NRS 706.8822 is hereby amended to read as follows:

51-34 706.8822 [The] An administrator shall conduct administrative hearings

51-35 and make final decisions, subject to appeal by any aggrieved party to the

51-36 appropriate taxicab authority, in the following matters:

51-37 1. Any violation relating to the issuance of or transfer of license plates

51-38 for motor carriers required by either the taxicab authority or the department

51-39 of motor vehicles and public safety;

51-40 2. Complaints against certificate holders;

51-41 3. Complaints against taxicab or limousine drivers;

52-1 4. Applications for, or suspension or revocation of, drivers’ permits

52-2 which may be required by the administrator; and

52-3 5. Imposition of monetary penalties.

52-4 Sec. 114. NRS 706.88235 is hereby amended to read as follows:

52-5 706.88235 1. Whenever [the] a taxicab authority or [the] its

52-6 administrator is authorized or required by law to conduct a hearing, the

52-7 administrator may issue subpoenas requiring the attendance of witnesses

52-8 before the taxicab authority or the administrator, respectively, together

52-9 with all books, memoranda, papers and other documents relative to the

52-10 matters for which the hearing is called and take depositions within or

52-11 without the state, as the circumstances of the case may require.

52-12 2. The district court in and for the county in which any hearing is being

52-13 conducted may compel the attendance of witnesses, the giving of testimony

52-14 and the production of books and papers as required by any subpoena issued

52-15 by the administrator.

52-16 3. In case of the refusal of any witness to attend or testify or produce

52-17 any papers required by the subpoena, the administrator may report to the

52-18 district court in and for the county in which the hearing is pending by

52-19 petition, setting forth:

52-20 (a) That due notice has been given of the time and place of attendance of

52-21 the witness or the production of the books and papers;

52-22 (b) That the witness has been subpoenaed in the manner prescribed in

52-23 this section; and

52-24 (c) That the witness has failed and refused to attend or produce the

52-25 papers required by subpoena before the taxicab authority or the

52-26 administrator in the hearing named in the subpoena, or has refused to

52-27 answer questions propounded to him in the course of the hearing,

52-28 and asking an order of the court compelling the witness to attend and testify

52-29 or produce the books or papers before the taxicab authority or the

52-30 administrator.

52-31 4. The court, upon petition of the administrator shall enter an order

52-32 directing the witness to appear before the court at a time and place to be

52-33 fixed by the court in the order, the time to be not more than 10 days [from]

52-34 after the date of the order, and then and there show cause why he has not

52-35 attended or testified or produced the books or papers. A certified copy of

52-36 the order must be served upon the witness. If it appears to the court that the

52-37 subpoena was regularly issued by the administrator, the court may

52-38 thereupon enter an order that the witness appear before the taxicab

52-39 authority or the administrator at the time and place fixed in the order and

52-40 testify or produce the required books or papers, and upon failure to obey

52-41 the order the witness must be dealt with as for contempt of court.

53-1 Sec. 115. NRS 706.88237 is hereby amended to read as follows:

53-2 706.88237 [The] A taxicab authority may:

53-3 1. Determine the circumstances that require a temporary increase in the

53-4 number of taxicabs or limousines subject to its jurisdiction allocated

53-5 pursuant to NRS 706.8824; and

53-6 2. Allocate a temporary increase in the number of such taxicabs or

53-7 limousines pursuant to NRS 706.88245 when the circumstances require the

53-8 increase.

53-9 Sec. 116. NRS 706.8824 is hereby amended to read as follows:

53-10 706.8824 1. [In] Except as otherwise provided in section 15 of this

53-11 act, in determining whether circumstances require the establishment of a

53-12 system of allocations or a change in existing allocations [,] for taxicabs or

53-13 limousines subject to the jurisdiction of a taxicab authority, the taxicab

53-14 authority shall consider the interests, welfare, convenience, necessity and

53-15 well-being of the customers of taxicabs [.] or limousines, as appropriate.

53-16 2. Whenever circumstances require the establishment of a system of

53-17 allocations, [the] a taxicab authority shall allocate the number of taxicabs

53-18 or limousines, as appropriate, among the certificate holders in the county

53-19 in a manner which reflects the number of taxicabs or limousines, as

53-20 appropriate, operated by each certificate holder during the 5 years

53-21 immediately preceding the date of establishment of the system of

53-22 allocations by the taxicab authority in the county.

53-23 3. Whenever circumstances require an increase in the existing

53-24 allocations [, the] in addition to the automatic increases in allocations

53-25 provided by section 15 of this act, a taxicab authority shall allocate the

53-26 additional taxicabs or limousines, as appropriate, equally among all the

53-27 certificate holders who apply from the area to be affected by the allocation.

53-28 4. Unless a certificate holder puts the additionally allocated taxicabs or

53-29 limousines, as appropriate, into service within 30 days after the effective

53-30 date of the increased allocation, the increased allocation to that certificate

53-31 holder is void.

53-32 5. [The] A taxicab authority may attach to the exercise of the rights

53-33 granted by the allocation any terms and conditions which in its judgment

53-34 the public interest may require. The taxicab authority may limit:

53-35 (a) The geographical area from which service is offered or provided.

53-36 (b) The hours of service. Such a limitation must not reduce hours of

53-37 service to less than 12 consecutive hours in a 24-hour period.

53-38 If a limitation is placed on an allocation, taxicabs or limousines, as

53-39 appropriate, must be marked in a distinctive manner that indicates the

53-40 limitation.

53-41 6. [The] A taxicab authority shall review annually:

53-42 (a) The existing allocation of taxicabs [;] and limousines; and

54-1 (b) The rates, charges or fares of the certificate holders in its

54-2 jurisdiction.

54-3 7. Notwithstanding any provision of this section or section 15 of this

54-4 act to the contrary, if a system of allocations for limousines has been

54-5 established, a taxicab authority shall allow each person to whom a

54-6 certificate of public convenience and necessity has been issued by the

54-7 taxicab authority for the operation of limousines to operate not more

54-8 than one limousine pursuant to that certificate. Upon issuance of the

54-9 certificate, the certificate holder becomes subject to all other provisions

54-10 relating to allocations that are set forth in this section and section 15 of

54-11 this act.

54-12 Sec. 117. NRS 706.88245 is hereby amended to read as follows:

54-13 706.88245 1. In determining whether circumstances require a

54-14 temporary increase in the number of taxicabs or limousines subject to its

54-15 jurisdiction allocated pursuant to NRS 706.8824, [the] a taxicab authority

54-16 shall consider the interests, welfare, convenience, necessity and well-being

54-17 of the customers of taxicabs [.] or limousines, as appropriate.

54-18 2. Whenever circumstances require a temporary increase in the number

54-19 of taxicabs or limousines subject to its jurisdiction allocated pursuant to

54-20 NRS 706.8824, [the] a taxicab authority shall allocate the temporary

54-21 increase equally among the certificate holders who are taxicab motor

54-22 carriers or limousine motor carriers, as appropriate, subject to the

54-23 jurisdiction of the taxicab authority in the area to be affected by the

54-24 allocation.

54-25 3. [The] A taxicab authority shall determine:

54-26 (a) The number of additional taxicabs or limousines to be allocated;

54-27 (b) The hours of operation of the additional taxicabs [;] or limousines;

54-28 and

54-29 (c) The duration of the temporary allocation.

54-30 4. [The] A taxicab authority may adopt regulations governing

54-31 temporary increases in the allocation of taxicabs or limousines subject to

54-32 its jurisdiction pursuant to this section.

54-33 Sec. 118. NRS 706.8825 is hereby amended to read as follows:

54-34 706.8825 1. [All] There are hereby created as special revenue

54-35 funds:

54-36 (a) The taxicab authority regulatory fund for the taxicab authority for

54-37 southern Nevada; and

54-38 (b) The taxicab authority regulatory fund for the taxicab authority for

54-39 northern Nevada.

54-40 2. Except as otherwise provided in this section, all fees collected

54-41 pursuant to NRS 706.881 to 706.885, inclusive, and sections 12 to 21,

54-42 inclusive, of this act, must be deposited with the state treasurer to the credit

54-43 of the appropriate taxicab authority regulatory fund . [, which is hereby

55-1 created as a special revenue fund.] The transactions for each county that is

55-2 subject to [those sections] the jurisdiction of a taxicab authority must be

55-3 accounted for separately within the appropriate fund.

55-4 [2.] 3. The interest and income earned on the money in [the] a fund,

55-5 after deducting any applicable charges, must be credited to the fund.

55-6 [3.] 4. Money collected by a taxicab authority for a fine or penalty

55-7 that is imposed on a taxicab motor carrier or limousine motor carrier by

55-8 the taxicab authority must be deposited into the state general fund.

55-9 5. The revenues received pursuant to subsection 1 of NRS 706.8826

55-10 are hereby appropriated to defray the cost of regulating taxicabs and

55-11 limousines in the county or the city, respectively, making the deposit under

55-12 that subsection.

55-13 [4.] 6. The fees received pursuant to subsection 3 of NRS 706.8826,

55-14 NRS 706.8827, 706.8841 and 706.8848 to 706.885, inclusive, are hereby

55-15 appropriated to defray the cost of regulating taxicabs and limousines in the

55-16 county in which the certificate holder operates a taxicab or limousine

55-17 business.

55-18 [5.] 7. Any balance remaining in [the] a taxicab authority regulatory

55-19 fund does not revert to the state general fund. The administrator of a

55-20 taxicab authority may transfer to the aging services division of the

55-21 department of human resources any balance over $200,000 and any interest

55-22 earned on the [fund,] taxicab authority regulatory fund for that taxicab

55-23 authority, within the limits of legislative authorization for each fiscal year,

55-24 to subsidize transportation for the elderly and the permanently handicapped

55-25 in taxicabs. The money transferred to the aging services division must be

55-26 administered in accordance with regulations adopted by the administrator

55-27 of the aging services division pursuant to NRS 427A.070.

55-28 [6.] 8. The administrator of a taxicab authority may establish an

55-29 account for petty cash not to exceed $1,000 for the support of undercover

55-30 investigation and, if the account is created, the administrator shall

55-31 reimburse the account from the appropriate taxicab authority regulatory

55-32 fund in the same manner as other claims against the state are paid.

55-33 Sec. 119. NRS 706.8826 is hereby amended to read as follows:

55-34 706.8826 1. The board of county commissioners of any county in

55-35 which there is in effect an order for the allocation of taxicabs or limousines

55-36 from a taxicab authority, and the governing body of each city within any

55-37 such county, shall deposit with the state treasurer to the credit of the

55-38 appropriate taxicab authority regulatory fund all [of] the tax revenue

55-39 which is received from the taxicab and limousine business operating in the

55-40 county and city, respectively.

55-41 2. For the purpose of calculating the amount due to the state under

55-42 subsection 1, the tax revenue of a county does not include any amount

55-43 which represents a payment for the use of county facilities or property.

56-1 3. [Any] A certificate holder who is subject to [an order of allocation

56-2 by the] a taxicab authority shall pay to [the] that taxicab authority $100 per

56-3 year for each taxicab [that the taxicab authority has allocated to] and $500

56-4 per year for each limousine which the certificate holder operates pursuant

56-5 to his certificate of public convenience and necessity and , if the

56-6 certificate holder is a taxicab motor carrier, a fee set by the taxicab

56-7 authority that must not exceed [15] 20 cents per trip for each compensable

56-8 trip of each of those taxicabs, which may be added to the meter charge. The

56-9 money so received by the taxicab authority must be paid to the state

56-10 treasurer for deposit in the state treasury to the credit of the appropriate

56-11 taxicab authority regulatory fund.

56-12 Sec. 120. NRS 706.8827 is hereby amended to read as follows:

56-13 706.8827 1. A person shall not engage in the taxicab or limousine

56-14 business unless he:

56-15 (a) Holds a certificate of public convenience and necessity from the

56-16 previously exiting public service commission of Nevada issued before
56-17 July 1, 1981, which has not been transferred, revoked or suspended by [the]

56-18 a taxicab authority; [or]

56-19 (b) Holds a certificate of public necessity of public convenience and

56-20 necessity from the transportation services authority issued before July 1,

56-21 1999, which has not been transferred, revoked or suspended by a taxicab

56-22 authority; or

56-23 (c) Currently holds a certificate of public convenience and necessity

56-24 from [the] a taxicab authority as provided in this section.

56-25 2. Upon the filing of an application for a certificate of public

56-26 convenience and necessity, the taxicab authority with which the

56-27 application was filed shall fix a time and place for a hearing thereon. The

56-28 taxicab authority shall issue the certificate if it finds that:

56-29 (a) The applicant is fit, willing and able to perform the services of a

56-30 taxicab motor carrier [;] or a limousine motor carrier;

56-31 (b) The proposed operation will be consistent with the legislative

56-32 policies set forth in NRS 706.151;

56-33 (c) The granting of the certificate will not unreasonably and adversely

56-34 affect other carriers operating in the territory for which the certificate is

56-35 sought;

56-36 (d) The holders of existing certificates will not meet the needs of the

56-37 territory for which the certificate is sought if the certificate is not granted;

56-38 and

56-39 (e) The proposed service will benefit the public and the taxicab or

56-40 limousine business , as appropriate, in the territory to be served.

56-41 3. The applicant for a certificate has the burden of proving to the

56-42 taxicab authority that the proposed operation will meet the requirements of

56-43 subsection 2. The taxicab authority shall not find that the potential creation

57-1 of competition in a territory which may be caused by the granting of a

57-2 certificate, by itself, will unreasonably and adversely affect other carriers

57-3 operating in the territory for the purposes of paragraph (c) of subsection 2.

57-4 4. The applicant must submit an application fee of $200, which must

57-5 not be refunded, with his application. The applicant must also pay those

57-6 amounts which are billed to him by the taxicab authority for reasonable

57-7 costs incurred by it in conducting an investigation or hearing regarding the

57-8 applicant.

57-9 5. [The] A taxicab authority may attach to the exercise of the rights

57-10 granted by the certificate any terms and conditions which in its judgment

57-11 the public interest may require.

57-12 6. [The] A taxicab authority may dispense with the hearing on the

57-13 application if, upon the expiration of the time fixed in the notice of the

57-14 hearing, no protest against the granting of the certificate has been filed by

57-15 or on behalf of any person.

57-16 7. Any person who has been denied a certificate of public convenience

57-17 and necessity after a hearing may not file a similar application with [the] a

57-18 taxicab authority covering the same type of service and over the same route

57-19 or routes or in the same territory for which the certificate of public

57-20 convenience and necessity was denied except after the expiration of 180

57-21 days [from] after the date the certificate was denied.

57-22 Sec. 121. NRS 706.8829 is hereby amended to read as follows:

57-23 706.8829 1. A certificate holder shall maintain a uniform system of

57-24 accounts in which all business transacted by the certificate holder is

57-25 recorded. The accounts must be:

57-26 (a) Kept in a form prescribed by the taxicab authority [;] which has

57-27 jurisdiction over the certificate holder;

57-28 (b) Before May 15 of each year, submitted to the taxicab authority in an

57-29 annual report in the form and detail prescribed by the taxicab authority;

57-30 (c) Retained for a period of 3 years after their receipt back from the

57-31 taxicab authority; and

57-32 (d) Supplemented with such additional information as the taxicab

57-33 authority may require.

57-34 2. [The] A taxicab authority may examine the books, accounts, records,

57-35 minutes and papers of a certificate holder at any reasonable time to

57-36 determine their correctness and whether they are maintained in accordance

57-37 with the regulations adopted by the taxicab authority.

57-38 3. If a certificate holder fails to comply with any provision of this

57-39 section in a timely manner, the administrator [,] of the taxicab authority

57-40 which has jurisdiction over the certificate holder, after hearing, may

57-41 impose a fine of not more than $1,000, commence proceedings to suspend

57-42 or revoke the certificate of public convenience and necessity of the

57-43 certificate holder, or both impose a fine and commence such proceedings.

58-1 Sec. 122. NRS 706.883 is hereby amended to read as follows:

58-2 706.883 1. A certificate holder shall maintain at his principal place of

58-3 business:

58-4 (a) A record of the make and serial number of each taxicab [;] and

58-5 limousine;

58-6 (b) A maintenance record for each taxicab [;] and limousine; and

58-7 (c) A copy of the medical certificates of each of his drivers.

58-8 2. The records of a certificate holder [shall] must be open for

58-9 inspection by the administrator [or] of the taxicab authority which has

58-10 jurisdiction over the certificate holder at any reasonable time.

58-11 Sec. 123. NRS 706.8833 is hereby amended to read as follows:

58-12 706.8833 1. The color scheme, insigne and design of the cruising

58-13 lights of each taxicab must conform to those approved for the certificate

58-14 holder pursuant to regulations of the taxicab authority [.

58-15 2. The] which has jurisdiction over the certificate holder.

58-16 2. A taxicab authority shall approve or disapprove the color scheme,

58-17 insigne and design of the cruising lights of the taxicabs of a certificate

58-18 holder in any county [,] subject to its jurisdiction, and shall ensure that the

58-19 color scheme and insigne of one certificate holder are readily

58-20 distinguishable from the color schemes and insignia of other certificate

58-21 holders operating in the same county.

58-22 Sec. 124. NRS 706.8834 is hereby amended to read as follows:

58-23 706.8834 1. [A] Except as otherwise provided in this section, a

58-24 certificate holder shall not permit a vehicle to be used as a taxicab if it has

58-25 been in operation as a taxicab for more than 4 model years or 52 months,

58-26 whichever period is longer.

58-27 2. [Any] Except as otherwise provided in this section, any vehicle

58-28 which a certificate holder acquires for use as a taxicab must:

58-29 (a) Be new; or

58-30 (b) Register not more than 30,000 miles on the odometer.

58-31 3. A taxicab authority may, upon good cause shown, exempt any city,

58-32 town or other area specifically identified by the taxicab authority which

58-33 is located within the county subject to the jurisdiction of the taxicab

58-34 authority from any provision of this section.

58-35 Sec. 125. NRS 706.8836 is hereby amended to read as follows:

58-36 706.8836 1. A certificate holder shall equip each of his taxicabs with

58-37 a taximeter and shall make provisions when installing the taximeter to

58-38 allow sealing by the administrator [.] of the taxicab authority which has

58-39 jurisdiction over the certificate holder.

58-40 2. The administrator of a taxicab authority shall approve the types of

58-41 taximeters which may be used on a taxicab [.] subject to the jurisdiction of

58-42 the taxicab authority. All such taximeters must conform to a 2-percent

58-43 plus or minus tolerance on the fare recording, must be equipped with a

59-1 signal device plainly visible from outside of the taxicab, must be equipped

59-2 with a device which records fares and is plainly visible to the passenger and

59-3 must register upon plainly visible counters the following items:

59-4 (a) Total miles;

59-5 (b) Paid miles;

59-6 (c) Number of units;

59-7 (d) Number of trips; and

59-8 (e) Number of extra passengers or extra charges.

59-9 3. The administrator of a taxicab authority shall inspect each

59-10 taximeter before its use in a taxicab subject to the jurisdiction of the

59-11 taxicab authority, and shall, if the taximeter conforms to the standards

59-12 specified in subsection 2, seal the taximeter.

59-13 4. The administrator of a taxicab authority may reinspect [the] such a

59-14 taximeter at any reasonable time.

59-15 Sec. 126. NRS 706.8837 is hereby amended to read as follows:

59-16 706.8837 A certificate holder shall not permit a taxicab or limousine

59-17 to be operated in passenger service unless it meets all [of] the following

59-18 standards:

59-19 1. The steering mechanism is in good mechanical working order.

59-20 2. The vehicle does not have any apparent loose knuckles, bolts or gear

59-21 trains.

59-22 3. The door hinges and latches are in good mechanical working order

59-23 and all doors operate easily and close securely.

59-24 4. Interior or exterior advertising does not obscure the driver’s view in

59-25 any direction.

59-26 5. The windows are clear and free from cracks or chips in excess of 3

59-27 inches in length and are composed of approved, nonshatterable safety glass.

59-28 6. The brakes are in good mechanical working order and when pressed

59-29 are not less than 1 3/4 inches from the floorboard.

59-30 7. The exhaust system, gaskets, tail pipes and mufflers are in good

59-31 condition and exhaust fumes do not penetrate the interior of the vehicle.

59-32 8. The vehicle is equipped with four adequate and safe tires. Recapped

59-33 tires may be used. Regrooved tires may not be used.

59-34 9. The speedometer is properly installed, maintained in good working

59-35 order and exposed to view.

59-36 10. The interior of the vehicle is clean, free from torn upholstery and

59-37 from damaged or broken seats.

59-38 11. The headlights, taillights, stoplights and turn signals are in good

59-39 mechanical working order.

59-40 12. The horn and two windshield wipers are in good mechanical

59-41 working order.

59-42 13. [The] If the vehicle is a taxicab, the taximeter is working properly,

59-43 is not disconnected and has its covers and gears intact.

60-1 14. An air pollution control system is functioning in accordance with

60-2 federal, state and local laws which were applicable to the type of vehicle at

60-3 the time of its manufacture.

60-4 Sec. 127. NRS 706.8838 is hereby amended to read as follows:

60-5 706.8838 A certificate holder shall not permit a taxicab or limousine

60-6 to be operated in passenger service for a period of more than 24 hours

60-7 unless it meets all [of] the following standards:

60-8 1. The vehicle is structurally sound and operates with a minimum of

60-9 noise and vibration.

60-10 2. The vehicle does not have cracked, broken or badly dented fenders

60-11 and is painted so as to provide reasonable protection against structural

60-12 deterioration.

60-13 3. [The] If the vehicle is a taxicab, the vehicle does not have shades or

60-14 curtains which can be manipulated to shield the occupants or driver from

60-15 exterior observation or to obstruct vision through the rear view windows.

60-16 4. The vehicle is washed once a week, the interior is swept, dusted and

60-17 vacuumed once a day and the vehicle is in a clean and sanitary condition.

60-18 5. The floor mat is made of rubber or a similar nonabsorbent, washable

60-19 material, is easily removable and is not torn.

60-20 Sec. 128. NRS 706.8839 is hereby amended to read as follows:

60-21 706.8839 1. The administrator of a taxicab authority may inspect a

60-22 taxicab or limousine subject to the jurisdiction of the taxicab authority at

60-23 any reasonable time.

60-24 2. If the administrator finds that a taxicab or limousine is in a

60-25 condition which violates NRS 706.8837, he shall remove the vehicle from

60-26 service, [shall] place an out-of-service sticker on the windshield and [shall]

60-27 notify the certificate holder of the defect. The vehicle [shall] must remain

60-28 out of service until the defect has been remedied and the administrator upon

60-29 reinspection has approved the vehicle and removed the out-of-service

60-30 sticker.

60-31 3. If the administrator finds that a taxicab is in a condition which

60-32 violates NRS 706.8838, he shall notify the certificate holder of the

60-33 improper condition and, after a reasonable time, shall reinspect the vehicle.

60-34 If upon reinspection the violation has not been corrected, the vehicle [shall]

60-35 must be removed from service until it is reinspected and approved, as

60-36 provided in subsection 2.

60-37 Sec. 129. NRS 706.88395 is hereby amended to read as follows:

60-38 706.88395 1. A vehicle used as a taxicab, limousine or other

60-39 passenger vehicle in passenger service must be impounded by the

60-40 administrator of a taxicab authority if a certificate of public convenience

60-41 and necessity has not been issued authorizing its operation [.] by the

60-42 taxicab authority. A hearing must be held by the administrator [no] not

60-43 later than the conclusion of the second normal business day after

61-1 impoundment, weekends and holidays excluded. As soon as practicable

61-2 after impoundment, the administrator shall notify the registered owner of

61-3 the vehicle:

61-4 (a) That the registered owner of the vehicle must post a bond in the

61-5 amount of $20,000 to ensure his presence at all proceedings held pursuant

61-6 to this section;

61-7 (b) Of the time set for the hearing; and

61-8 (c) Of his right to be represented by counsel during all phases of the

61-9 proceedings.

61-10 2. The administrator shall hold the vehicle until the registered owner of

61-11 the vehicle appears and:

61-12 (a) Proves that he is the registered owner of the vehicle;

61-13 (b) Proves that he holds a valid certificate of public convenience and

61-14 necessity;

61-15 (c) Proves that the vehicle meets all required standards of the taxicab

61-16 authority; and

61-17 (d) Posts a bond in the amount of $20,000 with the administrator.

61-18 The administrator shall return the vehicle to its registered owner when the

61-19 owner meets the requirements of this subsection and pays all costs of

61-20 impoundment.

61-21 3. If the registered owner is unable to meet the requirements of

61-22 paragraph (b) or (c) of subsection 2, the administrator may assess an

61-23 administrative fine against the registered owner for each such violation in

61-24 the amount of $5,000. The maximum amount of the administrative fine that

61-25 may be assessed against a registered owner for a single impoundment of his

61-26 vehicle pursuant to this section is $10,000. The administrator shall return

61-27 the vehicle after any administrative fine imposed pursuant to this subsection

61-28 and all costs of impoundment have been paid.

61-29 Sec. 130. NRS 706.8841 is hereby amended to read as follows:

61-30 706.8841 1. The administrator of a taxicab authority shall issue a

61-31 driver’s permit to qualified persons who wish to be employed by certificate

61-32 holders as [taxicab drivers.] drivers of taxicabs or limousines based in any

61-33 county that is subject to the jurisdiction of the taxicab authority. Before

61-34 issuing a driver’s permit, the administrator shall:

61-35 (a) Require the applicant to submit a set of his fingerprints, which must

61-36 be forwarded to the Federal Bureau of Investigation to ascertain whether

61-37 the applicant has a criminal record and the nature of any such record, and

61-38 shall further investigate the applicant’s background; and

61-39 (b) Require proof that the applicant:

61-40 (1) Has been a resident of the state for 30 days before his application

61-41 for a permit;

61-42 (2) Can read and orally communicate in the English language; and

62-1 (3) Has a valid license issued under NRS 483.325 which authorizes

62-2 him to drive a taxicab or limousine in this state.

62-3 2. The administrator may refuse to issue a driver’s permit if the

62-4 applicant has been convicted of:

62-5 (a) A felony, other than a felony for a sexual offense, in the State of

62-6 Nevada or any other state, territory or nation within 5 years before the date

62-7 of the application, or a felony involving any sexual offense at any time; or

62-8 (b) Driving under the influence of intoxicating beverages, dangerous

62-9 drugs or controlled substances within 3 years before the date of the

62-10 application.

62-11 3. The administrator may refuse to issue a driver’s permit if the

62-12 administrator, after the background investigation of the applicant,

62-13 determines that the applicant is morally unfit or if the issuance of the

62-14 driver’s permit would be detrimental to public health, welfare or safety.

62-15 4. A taxicab or limousine driver shall pay to the administrator, in

62-16 advance, $20 for an original driver’s permit and [$5] $15 for a renewal.

62-17 Sec. 131. NRS 706.8843 is hereby amended to read as follows:

62-18 706.8843 1. A certificate holder shall not employ a driver unless the

62-19 driver has obtained and has on his person:

62-20 (a) A valid driver’s license for the State of Nevada obtained under the

62-21 provisions of NRS 483.010 to 483.630, inclusive;

62-22 (b) A copy of a physician’s certificate obtained pursuant to NRS

62-23 706.8842; and

62-24 (c) A driver’s permit issued by the administrator pursuant to rules and

62-25 regulations of the appropriate taxicab authority.

62-26 2. A certificate holder shall, at the time he employs a driver, provide

62-27 the driver with a complete copy of the rules and regulations described in

62-28 NRS 706.8844 to 706.8849, inclusive, and such other rules and regulations

62-29 as may be adopted by the taxicab authority [,] which has jurisdiction over

62-30 the certificate holder, and require the driver to sign a statement that he has

62-31 received a copy of the regulations and has read and familiarized himself

62-32 with the contents thereof.

62-33 Sec. 132. NRS 706.8844 is hereby amended to read as follows:

62-34 706.8844 1. A certificate holder shall require his drivers to keep a

62-35 daily trip sheet in a form to be prescribed by the taxicab authority [.] which

62-36 has jurisdiction over the certificate holder.

62-37 2. At the beginning of each period of duty the driver shall record on his

62-38 trip sheet:

62-39 (a) His name and the number of his taxicab;

62-40 (b) The time at which he began his period of duty by means of a time

62-41 clock provided by the certificate holder;

62-42 (c) The meter readings for total miles, paid miles, trips, units, extra

62-43 passengers and extra charges; and

63-1 (d) The odometer reading of the taxicab.

63-2 3. During his period of duty the driver shall record on his trip sheet:

63-3 (a) The time, place of origin and destination of each trip; and

63-4 (b) The number of passengers and amount of fare for each trip.

63-5 4. At the end of each period of duty the driver shall record on his trip

63-6 sheet:

63-7 (a) The time at which he ended his period of duty by means of a time

63-8 clock provided by the certificate holder;

63-9 (b) The meter readings for total miles, paid miles, trips, units and extra

63-10 passengers; and

63-11 (c) The odometer reading of the taxicab.

63-12 5. A certificate holder shall furnish a trip sheet form for each taxicab

63-13 operated by a driver during his period of duty and shall require his drivers

63-14 to return their completed trip sheets at the end of each period of duty.

63-15 6. A certificate holder shall retain all trip sheets of all drivers in a safe

63-16 place for a period of 3 years immediately succeeding December 31 of the

63-17 year to which they respectively pertain and shall make such manifests

63-18 available for inspection by the administrator upon reasonable demand.

63-19 7. Any driver who maintains a trip sheet in a form less complete than

63-20 that required by subsection 1 is guilty of a misdemeanor.

63-21 Sec. 133. NRS 706.8847 is hereby amended to read as follows:

63-22 706.8847 1. A driver of a taxicab shall not refuse or neglect to

63-23 transport any orderly person to that person’s destination if:

63-24 (a) That person requests the driver to transport him; and

63-25 (b) The requested destination is within the area allocated to the

63-26 certificate holder who employs the driver.

63-27 2. Subsection 1 does not apply if the driver can show [beyond a

63-28 reasonable doubt] to the satisfaction of the taxicab authority which has

63-29 jurisdiction over the driver that:

63-30 (a) He has good reason to fear for his personal safety;

63-31 (b) The taxicab has been previously engaged by another person; or

63-32 (c) He is forbidden by law or regulation to carry the person requesting

63-33 transportation.

63-34 Sec. 134. NRS 706.8848 is hereby amended to read as follows:

63-35 706.8848 1. If a driver violates any provision of NRS 706.8844 to

63-36 706.8847, inclusive, and sections 12 to 21, inclusive, of this act, the

63-37 administrator of the taxicab authority which has jurisdiction over the

63-38 certificate holder which employs the driver may impose the following

63-39 sanctions:

63-40 (a) First offense: Warning notice or a fine of not more than $100, or

63-41 both warning and fine.

63-42 (b) Second offense: 1 to 3 days’ suspension of a driver’s permit or a fine

63-43 of not more than $200, or both suspension and fine.

64-1 (c) Third offense: 4 to 6 days’ suspension of a driver’s permit or a fine

64-2 of not more than $300, or both suspension and fine.

64-3 (d) Fourth offense: 10 days’ suspension of a driver’s permit or a fine of

64-4 not more than $500, or both suspension and fine.

64-5 (e) Fifth offense: Revocation of a driver’s permit or a fine of not more

64-6 than $500, or both revocation and fine.

64-7 2. Only violations occurring in the 12 months immediately preceding

64-8 the most current violation shall be considered for the purposes of

64-9 subsection 1. The administrator shall inspect the driver’s record for that

64-10 period to compute the number of offenses committed.

64-11 3. [The] An administrator shall conduct a hearing [prior to] before

64-12 suspension or revocation of a driver’s permit or imposing a fine under this

64-13 section or NRS 706.8849.

64-14 Sec. 135. NRS 706.885 is hereby amended to read as follows:

64-15 706.885 1. Any person who knowingly makes or causes to be made,

64-16 either directly or indirectly, a false statement on an application, account or

64-17 other statement required by [the] a taxicab authority or the administrator of

64-18 the taxicab authority or who violates any of the provisions of NRS

64-19 706.881 to 706.885, inclusive, and sections 12 to 21, inclusive, of this act,

64-20 is guilty of a misdemeanor.

64-21 2. [The] A taxicab authority or its administrator may at any time, for

64-22 good cause shown and upon at least 5 days’ notice to the grantee of any

64-23 certificate or driver’s permit [,] by the taxicab authority or administrator,

64-24 and after a hearing unless waived by the grantee, penalize the grantee of a

64-25 certificate to a maximum amount of $15,000 or penalize the grantee of a

64-26 driver’s permit to a maximum amount of $500 or suspend or revoke the

64-27 certificate or driver’s permit granted by it or him, respectively, for:

64-28 (a) Any violation of any provision of NRS 706.881 to 706.885,

64-29 inclusive, and sections 12 to 21, inclusive, of this act, or any regulation of

64-30 the taxicab authority or administrator.

64-31 (b) Knowingly permitting or requiring any employee to violate any

64-32 provision of NRS 706.881 to 706.885, inclusive, and sections 12 to 21,

64-33 inclusive, of this act, or any regulation of the taxicab authority or

64-34 administrator.

64-35 If a penalty is imposed on the grantee of a certificate pursuant to this

64-36 section, the taxicab authority or its administrator may require the grantee to

64-37 pay the costs of the proceeding, including investigative costs and attorney’s

64-38 fees.

64-39 3. When a driver or certificate holder fails to appear at the time and

64-40 place stated in the notice for the hearing, the administrator shall enter a

64-41 finding of default. Upon a finding of default, the administrator may suspend

64-42 or revoke the license, permit or certificate of the person who failed to

64-43 appear and impose the penalties provided in this chapter. For good cause

65-1 shown, the administrator may set aside a finding of default and proceed

65-2 with the hearing.

65-3 4. Any person who operates or permits a taxicab or limousine to be

65-4 operated in passenger service without a certificate of public convenience

65-5 and necessity issued pursuant to NRS 706.8827, is guilty of a gross

65-6 misdemeanor. If a law enforcement officer witnesses a violation of this

65-7 subsection, he may cause the vehicle to be towed immediately from the

65-8 scene.

65-9 5. The conviction of a person pursuant to subsection 1 does not bar the

65-10 taxicab authority or its administrator from suspending or revoking any

65-11 certificate, permit or license of the person convicted. The imposition of a

65-12 fine or suspension or revocation of any certificate, permit or license by the

65-13 taxicab authority or its administrator does not operate as a defense in any

65-14 proceeding brought under subsection 1.

65-15 Sec. 136. NRS 232.510 is hereby amended to read as follows:

65-16 232.510 1. The department of business and industry is hereby

65-17 created.

65-18 2. The department consists of a director and the following:

65-19 (a) Consumer affairs division.

65-20 (b) Division of financial institutions.

65-21 (c) Housing division.

65-22 (d) Manufactured housing division.

65-23 (e) Real estate division.

65-24 (f) Division of unclaimed property.

65-25 (g) Division of agriculture.

65-26 (h) Division of minerals.

65-27 (i) Division of insurance.

65-28 (j) Division of industrial relations.

65-29 (k) Office of labor commissioner.

65-30 (l) Taxicab authority [.] for southern Nevada and taxicab authority for

65-31 northern Nevada.

65-32 (m) Nevada athletic commission.

65-33 (n) Office of the Nevada attorney for injured workers.

65-34 (o) State predatory animal and rodent committee.

65-35 (p) Transportation services authority.

65-36 (q) Any other office, commission, board, agency or entity created or

65-37 placed within the department pursuant to a specific statute, the budget

65-38 approved by the legislature or an executive order, or an entity whose

65-39 budget or activities have been placed within the control of the department

65-40 by a specific statute.

66-1 Sec. 137. NRS 232.520 is hereby amended to read as follows:

66-2 232.520 The director:

66-3 1. Shall appoint a chief or executive director, or both of them, of each

66-4 of the divisions, offices, commissions, boards, agencies or other entities of

66-5 the department, unless the authority to appoint such a chief or executive

66-6 director, or both of them, is expressly vested in another person, board or

66-7 commission by a specific statute. In making the appointments, the director

66-8 may obtain lists of qualified persons from professional organizations,

66-9 associations or other groups recognized by the department, if any. The

66-10 chief of the consumer affairs division is the commissioner of consumer

66-11 affairs, the chief of the division of financial institutions is the commissioner

66-12 of financial institutions, the chief of the housing division is the

66-13 administrator of the housing division, the chief of the manufactured housing

66-14 division is the administrator of the manufactured housing division, the chief

66-15 of the real estate division is the real estate administrator, the chief of the

66-16 division of unclaimed property is the administrator of unclaimed property,

66-17 the chief of the division of agriculture is the administrator of the division of

66-18 agriculture, the chief of the division of minerals is the administrator of the

66-19 division of minerals, the chief of the division of insurance is the insurance

66-20 commissioner, the chief of the division of industrial relations is the

66-21 administrator of the division of industrial relations, the chief of the office of

66-22 labor commissioner is the labor commissioner, the chief of the taxicab

66-23 authority for southern Nevada is the taxicab administrator, the chief of the

66-24 taxicab authority for northern Nevada is the taxicab administrator, the

66-25 chief of the transportation services authority is the [chairman]

66-26 commissioner of the authority and the chief of any other entity of the

66-27 department has the title specified by the director, unless a different title is

66-28 specified by a specific statute.

66-29 2. Is responsible for the administration of all provisions of law relating

66-30 to the jurisdiction, duties and functions of all divisions and other entities

66-31 within the department. The director may, if he deems it necessary to carry

66-32 out his administrative responsibilities, be considered as a member of the

66-33 staff of any division or other entity of the department for the purpose of

66-34 budget administration or for carrying out any duty or exercising any power

66-35 necessary to fulfill the responsibilities of the director pursuant to this

66-36 subsection. Nothing contained in this subsection may be construed as

66-37 allowing the director to preempt any authority or jurisdiction granted by

66-38 statute to any division or other entity within the department or as allowing

66-39 the director to act or take on a function that would be in contravention of a

66-40 rule of court or a statute.

66-41 3. Has authority to:

66-42 (a) Establish uniform policies for the department, consistent with the

66-43 policies and statutory responsibilities and duties of the divisions and other

67-1 entities within the department, relating to matters concerning budgeting,

67-2 accounting, planning, program development, personnel, information

67-3 services, dispute resolution, travel, workplace safety, the acceptance of gifts

67-4 or donations, the management of records and any other subject for which a

67-5 uniform departmental policy is necessary to ensure the efficient operation

67-6 of the department.

67-7 (b) Provide coordination among the divisions and other entities within

67-8 the department, in a manner which does not encroach upon their statutory

67-9 powers and duties, as they adopt and enforce regulations, execute

67-10 agreements, purchase goods, services or equipment, prepare legislative

67-11 requests and lease or utilize office space.

67-12 (c) Define the responsibilities of any person designated to carry out the

67-13 duties of the director relating to financing, industrial development or

67-14 business support services.

67-15 4. May, within the limits of the financial resources made available to

67-16 him, promote, participate in the operation of, and create or cause to be

67-17 created, any nonprofit corporation, pursuant to chapter 82 of NRS, which

67-18 he determines is necessary or convenient for the exercise of the powers and

67-19 duties of the department. The purposes, powers and operation of the

67-20 corporation must be consistent with the purposes, powers and duties of the

67-21 department.

67-22 5. For any bonds which he is otherwise authorized to issue, may issue

67-23 bonds the interest on which is not exempt from federal income tax or

67-24 excluded from gross revenue for the purposes of federal income tax.

67-25 6. May, except as otherwise provided by specific statute, adopt by

67-26 regulation a schedule of fees and deposits to be charged in connection with

67-27 the programs administered by him pursuant to chapters 348A and 349 of

67-28 NRS. Except as so provided, the amount of any such fee or deposit must

67-29 not exceed 2 percent of the principal amount of the financing.

67-30 7. May designate any person within the department to perform any of

67-31 the duties or responsibilities, or exercise any of the authority, of the

67-32 director on his behalf.

67-33 8. May negotiate and execute agreements with public or private entities

67-34 which are necessary to the exercise of the powers and duties of the director

67-35 or the department.

67-36 9. May establish a trust account in the state treasury for the purpose of

67-37 depositing and accounting for money that is held in escrow or is on deposit

67-38 with the department for the payment of any direct expenses incurred by the

67-39 director in connection with any bond programs administered by the

67-40 director. The interest and income earned on money in the trust account, less

67-41 any amount deducted to pay for applicable charges, must be credited to the

67-42 trust account. Any balance remaining in the account at the end of a fiscal

67-43 year may be:

68-1 (a) Carried forward to the next fiscal year for use in covering the

68-2 expense for which it was originally received; or

68-3 (b) Returned to any person entitled thereto in accordance with

68-4 agreements or regulations of the director pertaining to such bond programs.

68-5 Sec. 138. NRS 268.097 is hereby amended to read as follows:

68-6 268.097 1. Except as otherwise provided in subsections 2 and 3, and

68-7 sections 20 and 21 of this act, notwithstanding the provisions of any local,

68-8 special or general law, after July 1, 1963, the governing body of any

68-9 incorporated city in this state, whether incorporated by general or special

68-10 act, or otherwise, may not supervise or regulate any taxicab motor carrier as

68-11 defined in NRS 706.126 which is under the supervision and regulation of

68-12 [the transportation services authority pursuant to law.] a taxicab authority.

68-13 2. The governing body of any incorporated city in this state, whether

68-14 incorporated by general or special act, or otherwise, may fix, impose and

68-15 collect a license tax on and from a taxicab motor carrier for revenue

68-16 purposes only.

68-17 3. The governing body of any incorporated city in any county in which

68-18 the provisions of NRS [706.8811] 706.88185 to 706.885, inclusive, and

68-19 sections 12 to 21, inclusive, of this act do not apply, whether incorporated

68-20 by general or special act, or otherwise, may regulate by ordinance the

68-21 qualifications required of employees or lessees of a taxicab motor carrier in

68-22 a manner consistent with the regulations adopted by the transportation

68-23 services authority.

68-24 Sec. 139. NRS 289.320 is hereby amended to read as follows:

68-25 289.320 An employee of the transportation services authority whom it

68-26 designates as an inspector or as manager of transportation is a peace officer

68-27 and has police power for the enforcement of the provisions of:

68-28 1. [Chapters 706 and 712] Chapter 706 of NRS and all regulations of

68-29 the transportation services authority or the department of motor vehicles

68-30 and public safety pertaining thereto; and

68-31 2. Chapter 482 of NRS and NRS 483.230, 483.350 and 483.530 to

68-32 483.620, inclusive, for the purposes of carrying out the provisions of

68-33 chapter 706 of NRS.

68-34 Sec. 140. NRS 362.120 is hereby amended to read as follows:

68-35 362.120 1. The department shall, from the statement and from all

68-36 obtainable data, evidence and reports, compute in dollars and cents the

68-37 gross yield and net proceeds of the period covered by the statement.

68-38 2. The gross yield must include the value of any mineral extracted

68-39 which was:

68-40 (a) Sold;

68-41 (b) Exchanged for any thing or service;

68-42 (c) Removed from the state in a form ready for use or sale; or

69-1 (d) Used in a manufacturing process or in providing a service,

69-2 during the period covered by the statement.

69-3 3. The net proceeds are ascertained and determined by subtracting

69-4 from the gross yield the following deductions for costs incurred during that

69-5 period, and none other:

69-6 (a) The actual cost of extracting the mineral.

69-7 (b) The actual cost of transporting the mineral to the place or places of

69-8 reduction, refining and sale.

69-9 (c) The actual cost of reduction, refining and sale.

69-10 (d) The actual cost of marketing and delivering the mineral and the

69-11 conversion of the mineral into money.

69-12 (e) The actual cost of maintenance and repairs of:

69-13 (1) All machinery, equipment, apparatus and facilities used in the

69-14 mine.

69-15 (2) All milling, refining, smelting and reduction works, plants and

69-16 facilities.

69-17 (3) All facilities and equipment for transportation except those that

69-18 are under the jurisdiction of the public utilities commission of Nevada . [or

69-19 the transportation services authority.]

69-20 (f) The actual cost of fire insurance on the machinery, equipment,

69-21 apparatus, works, plants and facilities [mentioned] set forth in paragraph

69-22 (e).

69-23 (g) Depreciation of the original capitalized cost of the machinery,

69-24 equipment, apparatus, works, plants and facilities [mentioned] set forth in

69-25 paragraph (e). The annual depreciation charge consists of amortization of

69-26 the original cost in a manner prescribed by regulation of the Nevada tax

69-27 commission. The probable life of the property represented by the original

69-28 cost must be considered in computing the depreciation charge.

69-29 (h) All money expended for premiums for industrial insurance, and the

69-30 actual cost of hospital and medical attention and accident benefits and

69-31 group insurance for all employees.

69-32 (i) All money paid as contributions or payments under the

69-33 unemployment compensation law of the State of Nevada, as contained in

69-34 chapter 612 of NRS, all money paid as contributions under the Social

69-35 Security Act of the Federal Government, and all money paid to either the

69-36 State of Nevada or the Federal Government under any amendment to either

69-37 or both of the statutes [mentioned] set forth in this paragraph.

69-38 (j) The actual cost of developmental work in or about the mine or upon

69-39 a group of mines when operated as a unit.

69-40 (k) All money paid as royalties by a lessee or sublessee of a mine or

69-41 well, or by both, in determining the net proceeds of the lessee or sublessee,

69-42 or both.

70-1 4. Royalties deducted by a lessee or sublessee constitute part of the net

70-2 proceeds of the minerals extracted, upon which a tax must be levied against

70-3 the person to whom the royalty has been paid.

70-4 5. Every person acquiring property in the State of Nevada to engage in

70-5 the extraction of minerals and who incurs any of the expenses [mentioned]

70-6 set forth in subsection 3 shall report those expenses and the recipient of any

70-7 royalty to the department on forms provided by the department.

70-8 6. The several deductions [mentioned] set forth in subsection 3 do not

70-9 include any expenditures for salaries, or any portion of salaries, of any

70-10 person not actually engaged in:

70-11 (a) The working of the mine;

70-12 (b) The operating of the mill, smelter or reduction works;

70-13 (c) The operating of the facilities or equipment for transportation;

70-14 (d) Superintending the management of any of those operations; or

70-15 (e) The State of Nevada, in office, clerical or engineering work

70-16 necessary or proper in connection with any of those operations.

70-17 Sec. 141. NRS 373.117 is hereby amended to read as follows:

70-18 373.117 1. A regional transportation commission may establish or

70-19 operate a public transit system consisting of regular routes and fixed

70-20 schedules to serve the public.

70-21 2. A regional transportation commission may lease vehicles to or from

70-22 or enter into other contracts with a private operator for the provision of

70-23 such a system.

70-24 3. In a county whose population is less than 400,000, such a system

70-25 may also provide service which includes:

70-26 (a) Minor deviations from regular routes and fixed schedules on a

70-27 recurring basis to serve the public transportation needs of passengers. The

70-28 deviations must not exceed one-half mile from the regular routes.

70-29 (b) The transporting of persons upon request without regard to regular

70-30 routes or fixed schedules, if the service is provided by a common motor

70-31 carrier . [which has a certificate of public convenience and necessity issued

70-32 by the transportation services authority pursuant to NRS 706.386 to

70-33 706.411, inclusive, and the service is subject to the rules and regulations

70-34 adopted by the transportation services authority for a fully regulated

70-35 carrier.]

70-36 4. Notwithstanding the provisions of chapter 332 of NRS or NRS

70-37 625.530, a regional transportation commission may utilize a turnkey

70-38 procurement process to select a person to design, build, operate and

70-39 maintain, or any combination thereof, a fixed guideway system, including,

70-40 without limitation, any minimum operable segment thereof. The

70-41 commission shall determine whether to utilize turnkey procurement for a

70-42 fixed guideway project before the completion of the preliminary

70-43 engineering phase of the project. In making that determination, the

71-1 commission shall evaluate whether turnkey procurement is the most cost

71-2 effective method of constructing the project on schedule and in satisfaction

71-3 of its transportation objectives.

71-4 5. Notwithstanding the provisions of chapter 332 of NRS, a regional

71-5 transportation commission may utilize a competitive negotiation

71-6 procurement process to procure rolling stock for a fixed guideway project.

71-7 The award of a contract under such a process must be made to the person

71-8 whose proposal is determined to be the most advantageous to the

71-9 commission, based on price and other factors specified in the procurement

71-10 documents.

71-11 6. If a commission develops a fixed guideway project, the department

71-12 of transportation is hereby designated to serve as the oversight agency to

71-13 ensure compliance with the federal safety regulations for rail fixed

71-14 guideway systems set forth in 49 C.F.R. Part 659.

71-15 7. As used in this section:

71-16 (a) ["Fully regulated carrier" means a common carrier or contract carrier

71-17 of passengers or household goods who is required to obtain from the

71-18 transportation services authority a certificate of public convenience and

71-19 necessity or a contract carrier’s permit and whose rates, routes and services

71-20 are subject to regulation by the transportation services authority.

71-21 (b)] "Minimum operable segment" means the shortest portion of a fixed

71-22 guideway system that is technically capable of providing viable public

71-23 transportation between two end points.

71-24 [(c)] (b) "Public transit system" means a system employing motor buses,

71-25 rails or any other means of conveyance, by whatever type of power,

71-26 operated for public use in the conveyance of persons.

71-27 [(d)] (c) "Turnkey procurement" means a competitive procurement

71-28 process by which a person is selected by a regional transportation

71-29 commission, based on evaluation criteria established by the commission, to

71-30 design, build, operate and maintain, or any combination thereof, a fixed

71-31 guideway system, or a portion thereof, in accordance with performance

71-32 criteria and technical specifications established by the commission.

71-33 Sec. 142. NRS 377A.140 is hereby amended to read as follows:

71-34 377A.140 [1. Except as otherwise provided in subsection 2, a] A

71-35 public transit system in a county whose population is 400,000 or more may,

71-36 in addition to providing local transportation within the county and the

71-37 services described in NRS 377A.130, provide:

71-38 [(a)] 1. Programs to reduce or manage motor vehicle traffic; and

71-39 [(b)] 2. Any other services for a public transit system which are

71-40 requested by the general public,

71-41 if those additional services are included and described in a long-range plan

71-42 adopted pursuant to 23 U.S.C. § 134 and 49 U.S.C. § 5303.

72-1 [2. Before a regional transportation commission may provide for an

72-2 on-call public transit system in an area of the county, the commission must

72-3 receive a determination from the transportation services authority that:

72-4 (a) There are no common motor carriers of passengers who are

72-5 authorized to provide on-call operations for transporting passengers in that

72-6 area; or

72-7 (b) Although there are common motor carriers of passengers who are

72-8 authorized to provide on call operations for transporting passengers in the

72-9 area, the common motor carriers of passengers do not wish to provide, or

72-10 are not capable of providing, those operations.

72-11 3. As used in this section:

72-12 (a) "Common motor carrier of passengers" has the meaning ascribed to

72-13 it in NRS 706.041.

72-14 (b) "On-call public transit system" means a system established to

72-15 transport passengers only upon the request of a person who needs

72-16 transportation.]

72-17 Sec. 143. NRS 392.330 is hereby amended to read as follows:

72-18 392.330 1. In addition to the purposes authorized by NRS 392.320, a

72-19 board of trustees may use transportation [funds] money of the school

72-20 district for:

72-21 (a) Arranging and paying for transportation, in accordance with

72-22 subsection 2, by motor vehicles or otherwise, by contract or such other

72-23 arrangement as the board of trustees finds most economical, expedient and

72-24 feasible and for the best interests of the school district.

72-25 (b) Purchasing tickets at reduced rates for the transportation of pupils,

72-26 including, without limitation, homeless pupils, on public buses for use by

72-27 pupils enrolled in middle school, junior high school and high school to

72-28 travel to and from school.

72-29 2. Transportation may be arranged and contracted for by a board of

72-30 trustees with:

72-31 (a) Any railroad company holding a certificate of public convenience

72-32 and necessity issued by the public utilities commission of Nevada [or] , a

72-33 bus company or other [licensed] common carrier . [holding a certificate of

72-34 public convenience and necessity issued by the transportation services

72-35 authority.]

72-36 (b) The owners and operators of private automobiles or other private

72-37 motor vehicles, including parents of pupils who attend school and are

72-38 entitled to transportation. When required by the board of trustees, every

72-39 such private automobile or other private motor vehicle regularly

72-40 transporting pupils must be insured in the amount required by regulation of

72-41 the state board against the loss and damage described in subsection 2 of

72-42 NRS 392.320.

73-1 Sec. 144. NRS 427A.070 is hereby amended to read as follows:

73-2 427A.070 1. The administrator shall:

73-3 (a) Subject to the approval of the director, adopt rules and regulations:

73-4 (1) Necessary to carry out the purposes of this chapter; and

73-5 (2) Establishing a program to subsidize the transportation by taxicab

73-6 of the elderly and the permanently handicapped from money received

73-7 pursuant to subsection [5] 7 of NRS 706.8825;

73-8 (b) Establish appropriate administrative units within the division;

73-9 (c) Appoint such personnel and prescribe their duties as he deems

73-10 necessary for the proper and efficient performance of the functions of the

73-11 division;

73-12 (d) Prepare and submit to the governor, through the director before

73-13 September 1 of each even-numbered year for the biennium ending June 30

73-14 of such year, reports of activities and expenditures and estimates of sums

73-15 required to carry out the purposes of this chapter;

73-16 (e) Make certification for disbursement of funds available for carrying

73-17 out the purposes of this chapter; and

73-18 (f) Take such other action as may be necessary or appropriate for

73-19 cooperation with public and private agencies and otherwise to carry out the

73-20 purposes of this chapter.

73-21 2. The administrator may delegate to any officer or employee of the

73-22 division such of his powers and duties as he finds necessary to carry out the

73-23 purposes of this chapter.

73-24 Sec. 145. NRS 481.053 is hereby amended to read as follows:

73-25 481.053 1. The governor shall appoint the peace officers’ standards

73-26 and training committee.

73-27 2. The committee consists of seven members, one appointed from

73-28 Clark County, one from Washoe County, three from any other counties, one

73-29 from category II peace officers and one from category III peace officers.

73-30 Members serve terms of 2 years [from] after the date of appointment.

73-31 Members serve without compensation but are entitled to the per diem

73-32 allowance and travel expenses provided by law for state officers and

73-33 employees generally.

73-34 3. The governor shall make the appointments from recommendations

73-35 submitted by Clark County, Washoe County, professional organizations of

73-36 sheriffs and police chiefs of this state, category II peace officers and

73-37 category III peace officers.

73-38 4. The committee shall:

73-39 (a) Meet at the call of the chairman, who must be elected by the

73-40 members of the committee.

73-41 (b) Provide for and encourage the training and education of peace

73-42 officers in order to improve the system of criminal justice.

74-1 (c) Adopt regulations establishing minimum standards for the

74-2 certification and decertification, recruitment, selection and training of peace

74-3 officers.

74-4 (d) Make necessary inquiries to determine whether agencies of the state

74-5 and of local governments are complying with standards set forth in its

74-6 regulations.

74-7 (e) Carry out the duties required of the committee pursuant to NRS

74-8 432B.610 and 432B.620.

74-9 5. Regulations adopted by the committee:

74-10 (a) Apply to all agencies of the state and of local governments which

74-11 employ persons as peace officers;

74-12 (b) Must require that all peace officers receive training in the handling

74-13 of cases involving abuse or neglect of children or missing children; and

74-14 (c) May require that training be carried on at institutions which it

74-15 approves in those regulations.

74-16 6. The director may adopt regulations necessary for the operation of

74-17 the committee and the enforcement of laws administered by the committee.

74-18 7. As used in this section:

74-19 (a) "Category II peace officer" means:

74-20 (1) The bailiff of the supreme court;

74-21 (2) The bailiffs of the district courts, justices’ courts and municipal

74-22 courts whose duties require them to carry weapons and make arrests;

74-23 (3) Constables and their deputies whose official duties require them to

74-24 carry weapons and make arrests;

74-25 (4) Inspectors employed by the transportation services authority who

74-26 exercise those powers of enforcement conferred by [chapters 706 and 712]

74-27 chapter 706 of NRS;

74-28 (5) Parole and probation officers;

74-29 (6) Special investigators who are employed full time by the office of

74-30 any district attorney or the attorney general;

74-31 (7) Investigators of arson for fire departments who are specially

74-32 designated by the appointing authority;

74-33 (8) The assistant and deputies of the state fire marshal;

74-34 (9) The brand inspectors of the division of agriculture of the

74-35 department of business and industry who exercise the powers of

74-36 enforcement conferred in chapter 565 of NRS;

74-37 (10) Investigators for the state forester firewarden who are specially

74-38 designated by him and whose primary duties are the investigation of arson;

74-39 (11) School police officers employed by the board of trustees of any

74-40 county school district;

74-41 (12) Agents of the state gaming control board who exercise the

74-42 powers of enforcement specified in NRS 289.360, 463.140 or 463.1405,

74-43 except those agents whose duties relate primarily to auditing, accounting,

75-1 the collection of taxes or license fees, or the investigation of applicants for

75-2 licenses;

75-3 (13) Investigators and administrators of the bureau of enforcement of

75-4 the registration division of the department of motor vehicles and public

75-5 safety who perform the duties specified in subsection 3 of NRS 481.048;

75-6 (14) Officers and investigators of the section for the control of

75-7 emissions from vehicles of the registration division of the department of

75-8 motor vehicles and public safety who perform the duties specified in

75-9 subsection 3 of NRS 481.0481;

75-10 (15) Legislative police officers of the State of Nevada;

75-11 (16) The personnel of the capitol police division of the department of

75-12 motor vehicles and public safety appointed pursuant to subsection 2 of

75-13 NRS 331.140;

75-14 (17) Parole counselors of the division of child and family services of

75-15 the department of human resources;

75-16 (18) Juvenile probation officers and deputy juvenile probation

75-17 officers employed by the various judicial districts in Nevada or by a

75-18 department of family, youth and juvenile services established pursuant to

75-19 NRS 62.1264 whose official duties require them to enforce court orders on

75-20 juvenile offenders and make arrests;

75-21 (19) Field investigators of [the] a taxicab authority;

75-22 (20) Security officers employed full time by a city or county whose

75-23 official duties require them to carry weapons and make arrests; and

75-24 (21) The chief of a department of alternative sentencing created

75-25 pursuant to NRS 211A.080 and the assistant alternative sentencing officers

75-26 employed by that department.

75-27 (b) "Category III peace officer" means peace officers whose authority is

75-28 limited to correctional services, and includes the superintendents and

75-29 correctional officers of the department of prisons.

75-30 Sec. 146. NRS 482.3963 is hereby amended to read as follows:

75-31 482.3963 1. An owner of a vehicle who leases it to a carrier and

75-32 operates the vehicle pursuant to that lease may apply to the department for

75-33 a temporary permit to operate the vehicle if the vehicle:

75-34 (a) Is not subject to the provisions of NRS 482.390 and 482.395;

75-35 (b) Is not currently registered in this state, another state or a foreign

75-36 country; and

75-37 (c) Is operated at the vehicle’s unladen weight.

75-38 2. The department shall charge $10 for such a temporary permit, in

75-39 addition to all other applicable fees and taxes.

75-40 3. Such a temporary permit must:

75-41 (a) Bear the date of its expiration;

75-42 (b) Expire at 5 p.m. on the 15th day after its date of issuance;

76-1 (c) Be affixed to the vehicle in a manner prescribed by the department;

76-2 and

76-3 (d) Be removed and destroyed upon its expiration or upon the issuance

76-4 of a certificate of registration for the vehicle, whichever occurs first.

76-5 4. As used in this section, "carrier" means a common motor carrier of

76-6 passengers as defined in NRS 706.041, a common motor carrier of property

76-7 as defined in NRS 706.046, a contract motor carrier as defined in NRS

76-8 706.051, [or] a private motor carrier of property as defined in NRS 706.111

76-9 [.] , a taxicab motor carrier as defined in NRS 706.126, or a limousine

76-10 motor carrier as defined in section 5 of this act.

76-11 Sec. 147. NRS 483.160 is hereby amended to read as follows:

76-12 483.160 1. "School bus" means every motor vehicle owned by or

76-13 under the control of a public or governmental agency or a private school

76-14 and regularly operated for the transportation of children to or from school

76-15 or a school activity or privately owned and regularly operated for

76-16 compensation for the transportation of children to or from school or a

76-17 school activity.

76-18 2. "School bus" does not include a passenger car operated under a

76-19 contract to transport children to and from school, a common carrier or

76-20 commercial vehicle under the jurisdiction of the Surface Transportation

76-21 Board [or the transportation services authority] when such a vehicle is

76-22 operated in the regular conduct of its business in interstate or intrastate

76-23 commerce within the State of Nevada.

76-24 Sec. 148. NRS 484.148 is hereby amended to read as follows:

76-25 484.148 1. "School bus" means every motor vehicle owned by or

76-26 under the control of a public or governmental agency or a private school

76-27 and regularly operated for the transportation of children to or from school

76-28 or a school activity or privately owned and regularly operated for

76-29 compensation for the transportation of children to or from school or a

76-30 school activity.

76-31 2. "School bus" does not include a passenger car operated under a

76-32 contract to transport children to and from school, a common carrier or

76-33 commercial vehicle under the jurisdiction of the Surface Transportation

76-34 Board [or the transportation services authority] when such a vehicle is

76-35 operated in the regular conduct of its business in interstate or intrastate

76-36 commerce within the State of Nevada.

76-37 Sec. 149. NRS 487.038 is hereby amended to read as follows:

76-38 487.038 1. Except as otherwise provided in subsections 3 and 4, the

76-39 owner or person in lawful possession of any real property may, after giving

76-40 notice pursuant to subsection 2, utilize the services of any [tow car]

76-41 operator of a tow car subject to the jurisdiction of the transportation

76-42 services authority to remove any vehicle parked in an unauthorized manner

76-43 on that property to the nearest public garage or storage yard if:

77-1 (a) A sign is displayed in plain view on the property declaring public

77-2 parking to be prohibited or restricted in a certain manner; and

77-3 (b) The sign shows the telephone number of the police department or

77-4 sheriff’s office.

77-5 2. Oral notice must be given to the police department or sheriff’s

77-6 office, whichever is appropriate, indicating:

77-7 (a) The time the vehicle was removed;

77-8 (b) The location from which the vehicle was removed; and

77-9 (c) The location to which the vehicle was taken.

77-10 3. Any vehicle which is parked in a space designated for the

77-11 handicapped and is not properly marked for such parking may be removed

77-12 if notice is given to the police department or sheriff’s office pursuant to

77-13 subsection 2, whether or not a sign is displayed pursuant to subsection 1.

77-14 4. The owner or person in lawful possession of residential real property

77-15 upon which a single-family dwelling is located may, after giving notice

77-16 pursuant to subsection 2, utilize the services of any [tow car] operator of a

77-17 tow car subject to the jurisdiction of the transportation services authority to

77-18 remove any vehicle parked in an unauthorized manner on that property to

77-19 the nearest public garage or storage yard, whether or not a sign is displayed

77-20 pursuant to subsection 1.

77-21 5. All costs incurred, under the provisions of this section, for towing

77-22 and storage must be borne by the owner of the vehicle, as that term is

77-23 defined in NRS 484.091.

77-24 6. The provisions of this section do not limit or affect any rights or

77-25 remedies which the owner or person in lawful possession of real property

77-26 may have by virtue of other provisions of the law authorizing the removal

77-27 of a vehicle parked on that property.

77-28 Sec. 150. NRS 565.040 is hereby amended to read as follows:

77-29 565.040 1. The administrator may declare any part of this state a

77-30 brand inspection district.

77-31 2. After the creation of any brand inspection district as authorized by

77-32 this chapter all animals within any such district are subject to brand

77-33 inspection in accord with the terms of this chapter before:

77-34 (a) Consignment for slaughter within any district;

77-35 (b) Any transfer of ownership by sale or otherwise; or

77-36 (c) Removal from the district if the removal is not authorized pursuant

77-37 to a livestock movement permit issued by the division.

77-38 3. Whenever a brand inspection district is created by the division

77-39 pursuant to the provisions of this chapter, the administrator shall adopt and

77-40 issue regulations defining the boundaries of the district, the fees to be

77-41 collected for brand inspection, and prescribing such other rules or methods

77-42 of procedure not inconsistent with the provisions of this chapter as he

77-43 deems wise.

78-1 4. Any regulations issued pursuant to the provisions of this section

78-2 must be published at least twice in some newspaper having a general

78-3 circulation in the brand inspection district created by the regulations, [and

78-4 copies of the regulations must be mailed to all common carriers of record

78-5 with the transportation services authority operating in the brand inspection

78-6 district,] which publication and notification constitutes legal notice of the

78-7 creation of the brand inspection district. The expense of advertising and

78-8 notification must be paid from the livestock inspection account.

78-9 Sec. 151. NRS 599B.010 is hereby amended to read as follows:

78-10 599B.010 As used in this chapter, unless the context otherwise

78-11 requires:

78-12 1. "Chance promotion" means any plan in which premiums are

78-13 distributed by random or chance selection.

78-14 2. "Commissioner" means the commissioner of consumer affairs.

78-15 3. "Consumer" means a person who is solicited by a seller or salesman.

78-16 4. "Division" means the consumer affairs division of the department of

78-17 business and industry.

78-18 5. "Donation" means a promise, grant or pledge of money, credit,

78-19 property, financial assistance or other thing of value given in response to a

78-20 solicitation by telephone, including, but not limited to, a payment or

78-21 promise to pay in consideration for a performance, event or sale of goods

78-22 or services. The term does not include volunteer services, government

78-23 grants or contracts or a payment by members of any organization of

78-24 membership fees, dues, fines or assessments or for services rendered by the

78-25 organization to those persons, if:

78-26 (a) The fees, dues, fines, assessments or services confer a bona fide

78-27 right, privilege, professional standing, honor or other direct benefit upon

78-28 the member; and

78-29 (b) Membership in the organization is not conferred solely in

78-30 consideration for making a donation in response to a solicitation.

78-31 6. "Goods or services" means any property, tangible or intangible, real,

78-32 personal or mixed, and any other article, commodity or thing of value.

78-33 7. "Premium" includes any prize, bonus, award, gift or any other

78-34 similar inducement or incentive to purchase.

78-35 8. "Recovery service" means a business or other practice whereby a

78-36 person represents or implies that he will, for a fee, recover any amount of

78-37 money that a consumer has provided to a seller or salesman pursuant to a

78-38 solicitation governed by the provisions of this chapter.

78-39 9. "Salesman" means any person:

78-40 (a) Employed or authorized by a seller to sell, or to attempt to sell,

78-41 goods or services by telephone;

78-42 (b) Retained by a seller to provide consulting services relating to the

78-43 management or operation of the seller’s business; or

79-1 (c) Who communicates on behalf of a seller with a consumer:

79-2 (1) In the course of a solicitation by telephone; or

79-3 (2) For the purpose of verifying, changing or confirming an order,

79-4 except that a person is not a salesman if his only function is to identify a

79-5 consumer by name only and he immediately refers the consumer to a

79-6 salesman.

79-7 10. Except as otherwise provided in subsection 11, "seller" means any

79-8 person who, on his own behalf, causes or attempts to cause a solicitation by

79-9 telephone to be made through the use of one or more salesmen or any

79-10 automated dialing announcing device under any of the following

79-11 circumstances:

79-12 (a) The person initiates contact by telephone with a consumer and

79-13 represents or implies:

79-14 (1) That a consumer who buys one or more goods or services will

79-15 receive additional goods or services, whether or not of the same type as

79-16 purchased, without further cost, except for actual postage or common

79-17 carrier charges;

79-18 (2) That a consumer will or has a chance or opportunity to receive a

79-19 premium;

79-20 (3) That the items for sale are gold, silver or other precious metals,

79-21 diamonds, rubies, sapphires or other precious stones, or any interest in oil,

79-22 gas or mineral fields, wells or exploration sites or any other investment

79-23 opportunity;

79-24 (4) That the product offered for sale is information or opinions

79-25 relating to sporting events;

79-26 (5) That the product offered for sale is the services of a recovery

79-27 service; or

79-28 (6) That the consumer will receive a premium , or goods or services if

79-29 he makes a donation;

79-30 (b) The solicitation by telephone is made by the person in response to

79-31 inquiries from a consumer generated by a notification or communication

79-32 sent or delivered to the consumer that represents or implies:

79-33 (1) That the consumer has been in any manner specially selected to

79-34 receive the notification or communication or the offer contained in the

79-35 notification or communication;

79-36 (2) That the consumer will receive a premium if the recipient calls the

79-37 person;

79-38 (3) That if the consumer buys one or more goods or services from the

79-39 person, the consumer will also receive additional or other goods or

79-40 services, whether or not the same type as purchased, without further cost or

79-41 at a cost that the person represents or implies is less than the regular price

79-42 of the goods or services;

80-1 (4) That the product offered for sale is the services of a recovery

80-2 service; or

80-3 (5) That the consumer will receive a premium or goods or services if

80-4 he makes a donation; or

80-5 (c) The solicitation by telephone is made by the person in response to

80-6 inquiries generated by advertisements that represent or imply that the

80-7 person is offering to sell any:

80-8 (1) Gold, silver or other metals, including coins, diamonds, rubies,

80-9 sapphires or other stones, coal or other minerals or any interest in oil, gas

80-10 or other mineral fields, wells or exploration sites, or any other investment

80-11 opportunity;

80-12 (2) Information or opinions relating to sporting events; or

80-13 (3) Services of a recovery service.

80-14 11. "Seller" does not include:

80-15 (a) A person licensed pursuant to chapter 90 of NRS when soliciting

80-16 offers, sales or purchases within the scope of his license.

80-17 (b) A person licensed pursuant to chapter 119A, 119B, 624, 645 or

80-18 696A of NRS when soliciting sales within the scope of his license.

80-19 (c) A person licensed as an insurance broker, agent or solicitor when

80-20 soliciting sales within the scope of his license.

80-21 (d) Any solicitation of sales made by the publisher of a newspaper or

80-22 magazine or by an agent of the publisher pursuant to a written agreement

80-23 between the agent and publisher.

80-24 (e) A broadcaster soliciting sales who is licensed by any state or federal

80-25 authority, if the solicitation is within the scope of the broadcaster’s license.

80-26 (f) A person who solicits a donation from a consumer when:

80-27 (1) The person represents or implies that the consumer will receive a

80-28 premium or goods or services with an aggregated fair market value of 2

80-29 percent of the donation or $50, whichever is less; or

80-30 (2) The consumer provides a donation of $50 or less in response to

80-31 the solicitation.

80-32 (g) A charitable organization which is registered or approved to conduct

80-33 a lottery pursuant to chapter 462 of NRS.

80-34 (h) A public utility [or] , taxicab motor carrier or limousine motor

80-35 carrier which is regulated pursuant to chapter 704 or 706 of NRS, or [by]

80-36 an affiliate of such a utility or [motor] carrier, if the solicitation is within

80-37 the scope of its certificate or [license.] permit.

80-38 (i) A utility which is regulated pursuant to chapter 710 of NRS, or [by]

80-39 an affiliate of such a utility.

80-40 (j) A person soliciting the sale of books, recordings, video cassettes,

80-41 software for computer systems or similar items through:

81-1 (1) An organization whose method of sales is governed by the

81-2 provisions of Part 425 of Title 16 of the Code of Federal Regulations

81-3 relating to the use of negative option plans by sellers in commerce;

81-4 (2) The use of continuity plans, subscription arrangements,

81-5 arrangements for standing orders, supplements, and series arrangements

81-6 pursuant to which the person periodically ships merchandise to a consumer

81-7 who has consented in advance to receive the merchandise on a periodic

81-8 basis and has the opportunity to review the merchandise for at least 10 days

81-9 and return it for a full refund within 30 days after it is received; or

81-10 (3) An arrangement pursuant to which the person ships merchandise

81-11 to a consumer who has consented in advance to receive the merchandise

81-12 and has the opportunity to review the merchandise for at least 10 days and

81-13 return it for a full refund within 30 days after it is received.

81-14 (k) A person who solicits sales by periodically publishing and delivering

81-15 a catalog to consumers if the catalog:

81-16 (1) Contains a written description or illustration of each item offered

81-17 for sale and the price of each item;

81-18 (2) Includes the business address of the person;

81-19 (3) Includes at least 24 pages of written material and illustrations;

81-20 (4) Is distributed in more than one state; and

81-21 (5) Has an annual circulation by mailing of not less than 250,000.

81-22 (l) A person soliciting without the intent to complete and who does not

81-23 complete, the sales transaction by telephone but completes the sales

81-24 transaction at a later face-to-face meeting between the solicitor and the

81-25 consumer, if the person, after soliciting a sale by telephone, does not cause

81-26 another person to collect the payment from or deliver any goods or services

81-27 purchased to the consumer.

81-28 (m) Any commercial bank, bank holding company, subsidiary or

81-29 affiliate of a bank holding company, trust company, savings and loan

81-30 association, credit union, industrial loan company, personal property

81-31 broker, consumer finance lender, commercial finance lender, or insurer

81-32 subject to regulation by an official or agency of this state or of the United

81-33 States, if the solicitation is within the scope of the certificate or license held

81-34 by the entity.

81-35 (n) A person holding a certificate of authority issued pursuant to chapter

81-36 452 of NRS when soliciting sales within the scope of the certificate.

81-37 (o) A person licensed pursuant to chapter 689 of NRS when soliciting

81-38 sales within the scope of his license.

81-39 (p) A person soliciting the sale of services provided by a community

81-40 antenna television company subject to regulation pursuant to chapter 711 of

81-41 NRS.

81-42 (q) A person soliciting the sale of agricultural products, if the

81-43 solicitation is not intended to and does not result in a sale of more than

82-1 $100 that is to be delivered to one address. As used in this paragraph,

82-2 "agricultural products" has the meaning ascribed to it in NRS 587.290.

82-3 (r) A person who has been operating, for at least 2 years, a retail

82-4 business establishment under the same name as that used in connection with

82-5 the solicitation of sales by telephone if, on a continuing basis:

82-6 (1) Goods are displayed and offered for sale or services are offered

82-7 for sale and provided at the person’s business establishment; and

82-8 (2) At least 50 percent of the person’s business involves the buyer

82-9 obtaining such goods or services at the person’s business establishment.

82-10 (s) A person soliciting only the sale of telephone answering services to

82-11 be provided by the person or his employer.

82-12 (t) A person soliciting a transaction regulated by the Commodity Futures

82-13 Trading Commission, if:

82-14 (1) The person is registered with or temporarily licensed by the

82-15 Commission to conduct that activity pursuant to the Commodity Exchange

82-16 Act , [(] 7 U.S.C. §§ 1 et seq. ; [);] and

82-17 (2) The registration or license has not expired or been suspended or

82-18 revoked.

82-19 (u) A person who contracts for the maintenance or repair of goods

82-20 previously purchased from the person:

82-21 (1) Making the solicitation; or

82-22 (2) On whose behalf the solicitation is made.

82-23 (v) A person to whom a license to operate an information service or a

82-24 nonrestricted gaming license, which is current and valid, has been issued

82-25 pursuant to chapter 463 of NRS when soliciting sales within the scope of

82-26 his license.

82-27 (w) A person who solicits a previous customer of the business on whose

82-28 behalf the call is made if the person making the call:

82-29 (1) Does not offer the customer any premium in connection with the

82-30 sale;

82-31 (2) Is not selling an investment or an opportunity for an investment

82-32 that is not registered with any state or federal authority; and

82-33 (3) Is not regularly engaged in telephone sales.

82-34 (x) A person who solicits the sale of livestock.

82-35 (y) An issuer which has a class of securities that is listed on the New

82-36 York Stock Exchange, the American Stock Exchange or the National

82-37 Market System of the National Association of Securities Dealers

82-38 Automated Quotation System.

82-39 (z) A subsidiary of an issuer that qualifies for exemption pursuant to

82-40 paragraph (y) if at least 60 percent of the voting power of the shares of the

82-41 subsidiary is owned by the issuer.

83-1 Sec. 152. NRS 706.018, 706.021, 706.056, 706.072, 706.1512,

83-2 706.1514, 706.158, 706.168, 706.266, 706.282, 706.356, 706.371,

83-3 706.391, 706.396, 706.421, 706.426, 706.431, 706.436, 706.442, 706.443,

83-4 706.471, 706.476, 706.6411, 706.749, 706.8811, 706.8812, 706.8813,

83-5 706.8814, 706.8816, 706.8817, 706.8818, 706.8828, 712.010, 712.020,

83-6 712.030, 712.040, 712.050, 712.060, 712.070, 712.080 and 712.090 are

83-7 hereby repealed.

83-8 Sec. 153. Any regulations relating to liability insurance adopted by the

83-9 transportation services authority pursuant to NRS 706.291, 706.303 or

83-10 706.305, or the taxicab authority created pursuant to former NRS

83-11 706.8818, remain in force until amended by the department of motor

83-12 vehicles and public safety. On and after July 1, 1999, such regulations must

83-13 be enforced by the department of motor vehicles and public safety.

83-14 Sec. 154. On July 1, 1999, the transportation services authority and

83-15 the taxicab authority created pursuant to former NRS 706.8818 shall

83-16 forward to the department of motor vehicles and public safety all liability

83-17 insurance policies, certificates of insurance, bonds of a surety company and

83-18 other surety which have been filed with the transportation services authority

83-19 and the taxicab authority created pursuant to former NRS 706.8818.

83-20 Sec. 155. 1. Except to the extent of any inconsistency with the

83-21 provisions of chapter 706 of NRS, any regulation adopted by the

83-22 transportation services authority remains in effect in the counties which

83-23 were not otherwise subject to the jurisdiction of the taxicab authority

83-24 created pursuant to former NRS 706.8818 until the date on which the

83-25 regulations adopted by the taxicab authority for northern Nevada pursuant

83-26 to section 157 of this act become effective. The regulations of the

83-27 transportation services authority must be enforced by the taxicab authority

83-28 for northern Nevada during the period between July 1, 1999, and the date

83-29 on which the regulations adopted by the taxicab authority for northern

83-30 Nevada pursuant to section 157 of this act become effective.

83-31 2. Any contracts or other agreements entered into on or before June 30,

83-32 1999, by the transportation services authority relating to the taxicab or

83-33 limousine business are binding upon the taxicab authority which has

83-34 jurisdiction over the taxicabs or limousines that are subject to the

83-35 provisions of the contracts or other agreements. Such contracts and

83-36 agreements may be enforced by the taxicab authority for northern Nevada.

83-37 Sec. 156. 1. Except to the extent of any inconsistency with the

83-38 provisions of chapter 706 of NRS, any regulation adopted by the taxicab

83-39 authority created pursuant to former NRS 706.8818 remains in force in the

83-40 county which was subject to the jurisdiction of that taxicab authority until

83-41 the date on which the regulations adopted by the taxicab authority for

83-42 southern Nevada pursuant to section 157 of this act become effective. The

83-43 regulations of the taxicab authority created pursuant to former NRS

84-1 706.8818 must be enforced by the taxicab authority for southern Nevada

84-2 during the period between July 1, 1999, and the date on which the

84-3 regulations adopted by the taxicab authority for southern Nevada pursuant

84-4 to section 157 of this act become effective.

84-5 2. Any contracts or other agreements entered into on or before June 30,

84-6 1999, by the taxicab authority created pursuant to former NRS 706.8818

84-7 are binding upon the taxicab authority for southern Nevada. Such contracts

84-8 and agreements may be enforced by the taxicab authority for southern

84-9 Nevada.

84-10 Sec. 157. Not later than October 1, 1999, the taxicab authority for

84-11 southern Nevada and the taxicab authority for northern Nevada shall adopt

84-12 such regulations as are necessary to carry out the provisions of NRS

84-13 706.881 to 706.885, inclusive, and sections 12 to 21, inclusive, of this act.

84-14 Sec. 158. The board of county commissioners for each county

84-15 required to enact an ordinance pursuant to sections 20 and 21 of this act,

84-16 relating to the regulation of taxicab motor carriers and limousine motor

84-17 carriers that are based and primarily operate within the jurisdiction of the

84-18 board of county commissioners shall enact such an ordinance not later than

84-19 October 1, 1999. The ordinance must become effective on October 1, 1999.

84-20 Sec. 159. 1. Notwithstanding any specific statute to the contrary, the

84-21 terms of office of all members of the taxicab authority created pursuant to

84-22 NRS 706.8818 expire on June 30, 1999.

84-23 2. Not later than July 1, 1999, the governor shall appoint five persons

84-24 as members of the taxicab authority for southern Nevada, whose terms

84-25 commence on July 1, 1999. Notwithstanding the provisions of section 12 of

84-26 this act to the contrary, for the initial terms of the members of the taxicab

84-27 authority for southern Nevada, the governor shall appoint:

84-28 (a) Three members to 4-year terms; and

84-29 (b) Two members to 3-year terms.

84-30 Sec. 160. 1. Not later than July 1, 1999, the governor shall appoint

84-31 three persons as members of the taxicab authority for northern Nevada,

84-32 whose terms commence on July 1, 1999.

84-33 2. Notwithstanding the provisions of section 13 of this act to the

84-34 contrary, for the initial terms of the members of the taxicab authority for

84-35 northern Nevada, the governor shall appoint, in addition to the appointment

84-36 of the sheriff of a county whose population is 100,000 or more but less than

84-37 400,000:

84-38 (a) One member to a 4-year term; and

84-39 (b) One member to a 3-year term.

84-40 Sec. 161. On October 1, 1999, the state controller shall transfer all

84-41 assets and liabilities from the taxicab authority fund abolished pursuant to

84-42 section 118 of this act to the taxicab authority regulatory fund for southern

84-43 Nevada created pursuant to section 118 of this act.

85-1 Sec. 162. The taxicab authority created pursuant to NRS 706.8818 and

85-2 the transportation services authority shall cooperate fully and take all

85-3 reasonable steps before July 1, 1999, to ensure that the provisions of this

85-4 act are carried out in an orderly fashion.

85-5 Sec. 162.5. The amendatory provisions of section 15.5 of this act do

85-6 not apply to offenses that were committed before July 1, 1999.

85-7 Sec. 163. 1. This section and sections 159, 160 and 162 of this act

85-8 become effective upon passage and approval.

85-9 2. Sections 1 to 75, inclusive, 77 to 142, inclusive, 144 to 158,

85-10 inclusive, 161, 162.5 and 164 of this act become effective on July 1, 1999.

85-11 3. Sections 76 and 143 of this act become effective at 12:01 a.m. on

85-12 July 1, 1999.

85-13 Sec. 164. Sections 17, 18 and 19 of this act expire by limitation on the

85-14 date on which the provisions of 42 U.S.C. § 666 requiring each state to

85-15 establish procedures under which the state has authority to withhold or

85-16 suspend, or to restrict the use of professional, occupational and recreational

85-17 licenses of persons who:

85-18 1. Have failed to comply with a subpoena or warrant relating to a

85-19 proceeding to determine the paternity of a child or to establish or enforce

85-20 an obligation for the support of a child; or

85-21 2. Are in arrears in the payment for the support of one or more

85-22 children,

85-23 are repealed by the Congress of the United States.

 

 

85-24 LEADLINES OF REPEALED SECTIONS

85-25 706.018 "Authority" defined.

85-26 706.021 "Broker" defined.

85-27 706.056 "Converter gear dolly" defined.

85-28 706.072 "Fully regulated carrier" defined.

85-29 706.1512 Authority: Designation of chairman by governor;

85-30 executive officer; members in unclassified service of state.

85-31 706.1514 Authority: Power of majority of members; exercise of

85-32 power and conduct of business by majority of members; hearings.

85-33 706.158 Inapplicability of provisions governing brokers to motor

85-34 clubs and charitable organizations.

85-35 706.168 Supervision of motor carriers separate from supervision

85-36 of brokers.

85-37 706.266 Intrastate motor carriers required to furnish information

85-38 to authority.

86-1 706.282 Duty of fully regulated carrier that advertises to provide

86-2 to person who publishes or distributes advertisement of certain

86-3 information regarding natural person who requested advertisement;

86-4 duty of person who publishes or distributes advertisement of fully

86-5 regulated carrier to provide certain information to authority.

86-6 706.356 Certain free transportation prohibited.

86-7 706.371 Powers of authority to regulate contract motor carriers.

86-8 706.391 Hearing on application; conditions for issuance; power of

86-9 authority to dispense with hearing.

86-10 706.396 Effect of denial of certificate.

86-11 706.421 Contract motor carrier must obtain permit from

86-12 commission.

86-13 706.426 Application for permit: Contents and form.

86-14 706.431 Conditions for issuance or denial of permit; approval of

86-15 contract entered into after issuance of permit.

86-16 706.436 Effect of denial of permit.

86-17 706.442 Requirements.

86-18 706.443 Enforcement of provisions of NRS 706.442 by authority;

86-19 regulations.

86-20 706.471 Annual fee; penalty and interest.

86-21 706.476 Impoundment by authority of vehicle in unauthorized use

86-22 as taxicab; notice and hearing; administrative fine.

86-23 706.6411 Procedure; limitation on transfer of stock of corporate

86-24 motor carriers other than operators of tow cars.

86-25 706.749 Permit for employer transporting employees between

86-26 place of work and homes or central areas for parking; requirements.

86-27 706.8811 Definitions.

86-28 706.8812 "Administrator" defined.

86-29 706.8813 "Certificate holder" defined.

86-30 706.8814 "Driver" defined.

86-31 706.8816 "Taxicab" defined.

86-32 706.8817 "Taximeter" defined.

86-33 706.8818 Appointment, number, qualifications and compensation

86-34 of members; principal office; regulations.

86-35 706.8828 Insurance.

86-36 712.010 Short title.

86-37 712.020 Legislative declaration.

86-38 712.030 "Storage of household goods and effects" defined.

86-39 712.040 Permit for warehouse required.

86-40 712.050 Requirements for permit; grounds for revocation; fee;

86-41 penalty.

87-1 712.060 Inspection by transportation services authority.

87-2 712.070 Rules and regulations of transportation services authority.

87-3 712.080 Disciplinary proceedings; judicial review.

87-4 712.090 Penalty.

~