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, carriers of household goods, 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 and carriers of household goods, 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. 2.5. "Carrier of household goods" means any person or

1-7 operator who is engaged in the business of transportation of household

1-8 goods.

1-9 Sec. 3. "Certificate holder" means:

1-10 1. With regard to an operator of a tow car, a person who holds a

1-11 current certificate of public convenience and necessity which was issued

1-12 for the operation of a tow car with respect to towing services performed

2-1 without the prior consent of the owner of the vehicle or the person

2-2 authorized by the owner to operate the vehicle by:

2-3 (a) The previously existing public service commission of Nevada

2-4 before July 1, 1981, and which has not been transferred, revoked or

2-5 suspended by the transportation services authority, or by operation of

2-6 law; or

2-7 (b) The transportation services authority and which has not been

2-8 transferred, suspended or revoked by the transportation services

2-9 authority or by operation of law.

2-10 2. With regard to a carrier of household goods, a person who holds a

2-11 current certificate of public convenience and necessity which was issued

2-12 for the operation of a carrier of household goods 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, or by operation of

2-16 law; or

2-17 (b) The transportation services authority and which has not been

2-18 transferred, suspended or revoked by the transportation services

2-19 authority or by operation of law.

2-20 3. With regard to a taxicab motor carrier or a limousine motor

2-21 carrier, a person who holds a current certificate of public convenience

2-22 and necessity which was issued for the operation of a taxicab motor

2-23 carrier or a limousine motor carrier subject to the jurisdiction of a

2-24 taxicab authority by:

2-25 (a) The previously existing public service commission of Nevada

2-26 before July 1, 1981, and which has not been transferred, revoked or

2-27 suspended by the transportation services authority, the previously

2-28 existing taxicab authority, the taxicab authority for southern Nevada or

2-29 the taxicab authority for northern Nevada, or by operation of law;

2-30 (b) The previously existing taxicab authority and which has not been

2-31 transferred, suspended or revoked by the transportation services

2-32 authority, the previously existing taxicab authority, the taxicab authority

2-33 for southern Nevada or the taxicab authority for northern Nevada, or by

2-34 operation of law;

2-35 (c) The transportation services authority and which has not been

2-36 transferred, suspended or revoked by the transportation services

2-37 authority, the previously existing taxicab authority, the taxicab authority

2-38 for southern Nevada or the taxicab authority for northern Nevada, or by

2-39 operation of law; or

2-40 (d) The taxicab authority for southern Nevada or the taxicab authority

2-41 for northern Nevada and which has not been transferred, suspended or

2-42 revoked by the taxicab authority for southern Nevada or the taxicab

2-43 authority for northern Nevada, or by operation of law.

3-1 Sec. 4. "Driver" means a person who operates a taxicab or

3-2 limousine that is regulated pursuant to this chapter, and includes a

3-3 certificate holder if he actually operates the taxicab or limousine.

3-4 Sec. 5. "Limousine motor carrier" means a person who operates a

3-5 livery limousine or traditional limousine.

3-6 Sec. 6. "Livery limousine" means a motor vehicle that:

3-7 1. At the time of its manufacture, was a light truck, as that term is

3-8 defined in 49 C.F.R. § 523.5, as that section existed on January 1, 1999;

3-9 2. Has a capacity of 9 or more persons but less than 16 persons,

3-10 including the driver; and

3-11 3. Is engaged in the general transportation of persons for

3-12 compensation and is not operated on a regular schedule or over regular

3-13 routes.

3-14 Sec. 7. "Operator of a tow car" means a person who provides towing

3-15 services performed without the prior consent of the owner of the vehicle

3-16 or the person authorized by the owner to operate the vehicle.

3-17 Sec. 8. "Taxicab authority" means the taxicab authority for

3-18 southern Nevada or the taxicab authority for northern Nevada, as

3-19 determined pursuant to sections 12 and 13 of this act.

3-20 Sec. 9. "Taximeter" means an instrument used in a taxicab for

3-21 indicating the fare charged.

3-22 Sec. 10. "Traditional limousine" means a motor vehicle that is

3-23 engaged in the general transportation of persons for compensation and is

3-24 not operated on a regular schedule or over regular routes and which:

3-25 1. At the time of its manufacture, was a passenger automobile, as

3-26 that term is defined in 49 C.F.R. § 523.4, as that section existed on

3-27 January 1, 1999, and which was later modified to increase its length; or

3-28 2. Has a capacity of less than 9 persons, including the driver.

3-29 Sec. 11. All regulations, practices and service prescribed by the

3-30 transportation services authority must be enforced and are prima facie

3-31 reasonable unless suspended or found otherwise in an action brought for

3-32 the purpose, or until changed or modified by the transportation services

3-33 authority itself upon satisfactory showing made.

3-34 Sec. 12. 1. A taxicab authority for southern Nevada, consisting of

3-35 three members appointed by the governor, is hereby created. Each

3-36 member shall serve for a term of 4 years. Not more than two members

3-37 may be members of the same political party, and no elected officer of this

3-38 state or any political subdivision is eligible for appointment. The

3-39 members of the taxicab authority for southern Nevada must include:

3-40 (a) A person who has knowledge and experience in business or

3-41 accounting, or training and experience in the law;

4-1 (b) A person who has knowledge and experience in the taxicab

4-2 industry, except that the person may not be currently involved in a

4-3 taxicab business as an owner or manager; and

4-4 (c) A person who has knowledge and experience in the limousine

4-5 industry, except that the person may not be currently involved in a

4-6 limousine business as an owner or manager.

4-7 2. The members of the taxicab authority for southern Nevada are in

4-8 the unclassified service of the state.

4-9 3. The taxicab authority for southern Nevada is the chief regulatory

4-10 agency for the business of transporting passengers by taxicab motor

4-11 carrier or limousine motor carrier in a county whose population is

4-12 400,000 or more, and in such other counties which elect pursuant to

4-13 section 20 of this act to be subject to the jurisdiction of the taxicab

4-14 authority for southern Nevada. The taxicab authority for southern

4-15 Nevada shall maintain its principal office in a county whose population

4-16 is 400,000 or more.

4-17 4. The taxicab authority for southern Nevada may adopt appropriate

4-18 regulations applicable in the counties subject to its jurisdiction for the

4-19 administration and enforcement of NRS 706.881 to 706.885, inclusive,

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

4-21 taxicab and limousine business and the qualifications of and the

4-22 issuance of permits to drivers of taxicabs and of limousines, not

4-23 inconsistent with the provisions of NRS 706.881 to 706.885, inclusive and

4-24 sections 12 to 21, inclusive, of this act. The regulations may include

4-25 different provisions for different counties to allow for differences among

4-26 the counties subject to the jurisdiction of the taxicab authority for

4-27 southern Nevada. Local law enforcement agencies and the Nevada

4-28 highway patrol, upon request of the taxicab authority for southern

4-29 Nevada, may assist in enforcing the provisions of NRS 706.881 to

4-30 706.885, inclusive, and sections 12 to 21, inclusive, of this act, and the

4-31 regulations adopted pursuant thereto by the taxicab authority for

4-32 southern Nevada.

4-33 Sec. 13. 1. A taxicab authority for northern Nevada, consisting of

4-34 three members appointed by the governor, is hereby created. Each

4-35 member shall serve for a term of 4 years. The members of the taxicab

4-36 authority for northern Nevada must include:

4-37 (a) The sheriff of a county whose population is 100,000 or more but

4-38 less than 400,000;

4-39 (b) A person who has knowledge and experience in the transportation

4-40 industry; and

4-41 (c) A person who has knowledge and experience in business or

4-42 accounting.

5-1 2. Each member of the taxicab authority for northern Nevada who is

5-2 not a public employee is entitled to receive a salary of not more than $80,

5-3 as fixed by the taxicab authority for northern Nevada, for each day

5-4 actually employed on work of the taxicab authority for northern Nevada.

5-5 3. While engaged in the business of the taxicab authority for

5-6 northern Nevada, each member of the taxicab authority for northern

5-7 Nevada is entitled to receive the per diem allowance and travel expenses

5-8 provided for state officers and employees generally.

5-9 4. The taxicab authority for northern Nevada is the chief regulatory

5-10 agency for the business of transporting passengers by taxicab motor

5-11 carrier or limousine motor carrier in a county whose population is

5-12 100,000 or more but less than 400,000 and in such other counties which

5-13 elect pursuant to section 20 of this act to be subject to the jurisdiction of

5-14 the taxicab authority for northern Nevada. The taxicab authority for

5-15 northern Nevada shall maintain its principal office in a county whose

5-16 population is 100,000 or more but less than 400,000.

5-17 5. The taxicab authority for northern Nevada may adopt appropriate

5-18 regulations applicable in the counties subject to its jurisdiction for the

5-19 administration and enforcement of NRS 706.881 to 706.885, inclusive,

5-20 and sections 12 to 21, inclusive, of this act, and for the conduct of the

5-21 taxicab business and the qualifications of and the issuance of permits to

5-22 drivers of taxicabs and of limousines, not inconsistent with the provisions

5-23 of NRS 706.881 to 706.885, inclusive, and sections 12 to 21, inclusive, of

5-24 this act. The regulations may include different provisions for different

5-25 counties to allow for differences among the counties subject to the

5-26 jurisdiction of the taxicab authority for northern Nevada. Local law

5-27 enforcement agencies and the Nevada highway patrol, upon request of

5-28 the taxicab authority for northern Nevada, may assist in enforcing the

5-29 provisions of NRS 706.881 to 706.885, inclusive, and sections 12 to 21,

5-30 inclusive, of this act, and the regulations adopted pursuant thereto by the

5-31 taxicab authority for northern Nevada.

5-32 Sec. 14. Except to the extent of any inconsistency with the provisions

5-33 of NRS 706.881 to 706.885, inclusive, and sections 12 to 21, inclusive, of

5-34 this act, every order issued by the transportation services authority or the

5-35 previously existing taxicab authority remains in effect until the order is

5-36 modified or rescinded by a taxicab authority. The taxicab authority for

5-37 southern Nevada or the taxicab authority for northern Nevada, as

5-38 appropriate, shall enforce such an order until the order is modified or

5-39 rescinded.

5-40 Sec. 15. 1. If a taxicab authority has established a system of

5-41 allocations for taxicabs and limousines in a county subject to its

5-42 jurisdiction, the taxicab authority shall, on or before April 1 of each year,

6-1 increase the number of allocated taxicabs and limousines in that county

6-2 by a percentage which is equal to the average of:

6-3 (a) The percentage of increase, if any, in the number of passengers

6-4 who traveled into an airport located in that county during the preceding

6-5 calendar year, as reported by the board of county commissioners of the

6-6 county in which the airport is located; and

6-7 (b) The percentage of increase, if any, in the population of that county

6-8 during the preceding calendar year, as determined from the certifications

6-9 made pursuant to NRS 360.285.

6-10 2. Except as otherwise provided in this subsection, on or before

6-11 February 15, each board of county commissioners in this state shall

6-12 prepare and cause to be published an annual report setting forth the

6-13 number of passengers who arrived by commercial airline at an airport

6-14 located in the county during each month in the preceding calendar year.

6-15 A board of county commissioners does not have to submit a report

6-16 pursuant to this subsection if no commercial airline operates at any

6-17 airport located within the county.

6-18 Sec. 15.5. (Deleted by amendment.)

6-19 Sec. 16. Except as otherwise provided in subsection 6 of NRS

6-20 706.8827:

6-21 1. Not later than 45 days after the date on which a taxicab authority

6-22 receives an application for a certificate of public convenience and

6-23 necessity for the operation of a limousine, the taxicab authority shall

6-24 hold a prehearing conference with the applicant.

6-25 2. The taxicab authority may authorize discovery on the application,

6-26 beginning on the first day after the day on which the prehearing

6-27 conference is held. The period for discovery may not exceed 90 days.

6-28 3. If a period for discovery is authorized pursuant to subsection 2,

6-29 the taxicab authority shall provide a period for response, beginning on

6-30 the first day after the date on which the period for discovery expires. The

6-31 period for response may not exceed 30 days.

6-32 4. The taxicab authority shall hold a hearing on the application not

6-33 later than 120 days after the date on which the prehearing conference is

6-34 held.

6-35 Sec. 17. An applicant for a driver’s permit pursuant to NRS

6-36 706.8841 must include his social security number with his application for

6-37 the initial issuance or renewal of a driver’s permit. The taxicab authority

6-38 to which the application for a driver’s permit is submitted shall keep the

6-39 social security number of each applicant and licensee in the record for

6-40 the applicant or permittee, as appropriate.

6-41 Sec. 18. 1. A person who applies to a taxicab authority for the

6-42 issuance or renewal of a driver’s permit pursuant to NRS 706.8841 shall

6-43 submit to the taxicab authority the statement prescribed by the welfare

7-1 division of the department of human resources pursuant to NRS 425.520.

7-2 The statement must be completed and signed by the applicant.

7-3 2. Each taxicab authority shall include the statement required

7-4 pursuant to subsection 1 in:

7-5 (a) The application or any other forms that must be submitted for the

7-6 issuance or renewal of the permit; or

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

7-8 3. A driver’s permit may not be issued or renewed by a taxicab

7-9 authority if the applicant:

7-10 (a) Fails to submit the statement required by subsection 1; or

7-11 (b) Indicates on the statement submitted pursuant to subsection 1 that

7-12 he is subject to a court order for the support of a child and is not in

7-13 compliance with the order or a plan approved by the district attorney or

7-14 other public agency enforcing the order for the repayment of the amount

7-15 owed pursuant to the order.

7-16 4. If a person’s driver’s permit has been suspended or revoked

7-17 pursuant to this chapter, the taxicab authority may not reinstate the

7-18 permit if the person:

7-19 (a) Fails to submit the statement required by subsection 1; or

7-20 (b) Indicates on the statement submitted pursuant to subsection 1 that

7-21 he is subject to a court order for the support of a child and is not in

7-22 compliance with the order or a plan approved by the district attorney or

7-23 other public agency enforcing the order for the repayment of the amount

7-24 owed pursuant to the order.

7-25 5. If the applicant indicates on the statement submitted pursuant to

7-26 subsection 1 that he is subject to a court order for the support of a child

7-27 and is not in compliance with the order or a plan approved by the district

7-28 attorney or other public agency enforcing the order for the repayment of

7-29 the amount owed pursuant to the order, the taxicab authority shall advise

7-30 the applicant to contact the district attorney or other public agency

7-31 enforcing the order to determine the actions that the applicant may take

7-32 to satisfy the arrearage.

7-33 6. The taxicab authority shall keep each statement submitted by an

7-34 applicant pursuant to subsection 1 in the record of the applicant.

7-35 Sec. 19. 1. If a taxicab authority receives a copy of a court order

7-36 issued pursuant to NRS 425.540 that provides for the suspension of all

7-37 professional, occupational and recreational licenses, certificates and

7-38 permits issued to a person who is the holder of a driver’s permit issued by

7-39 that taxicab authority, the taxicab authority shall deem the driver’s

7-40 permit issued to that person to be suspended at the end of the 30th day

7-41 after the date on which the court order was issued unless the taxicab

7-42 authority receives a letter issued to the holder of the permit by the district

7-43 attorney or other public agency pursuant to NRS 425.550 stating that the

8-1 holder of the permit has complied with the subpoena or warrant or has

8-2 satisfied the arrearage pursuant to NRS 425.560.

8-3 2. A taxicab authority shall reinstate a driver’s permit that has been

8-4 suspended by a district court pursuant to NRS 425.540 if the taxicab

8-5 authority receives a letter issued by the district attorney or other public

8-6 agency pursuant to NRS 425.550 to the person whose permit was

8-7 suspended stating that the person whose permit was suspended has

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

8-9 pursuant to NRS 425.560.

8-10 Sec. 20. 1. The board of county commissioners of each county

8-11 which is not otherwise subject to the jurisdiction of a taxicab authority

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

8-13 (a) Include the county in the jurisdiction of the taxicab authority for

8-14 southern Nevada;

8-15 (b) Include the county in the jurisdiction of the taxicab authority for

8-16 northern Nevada; or

8-17 (c) Exclude the county from the jurisdiction of both the taxicab

8-18 authority for southern Nevada and the taxicab authority for northern

8-19 Nevada.

8-20 2. Upon enacting such an ordinance, the board of county

8-21 commissioners shall notify each taxicab authority specified in the

8-22 ordinance, the previous taxicab authority to whose jurisdiction the

8-23 county was subject, if any, and the department of the ordinance.

8-24 Sec. 21. 1. If a board of county commissioners enacts an

8-25 ordinance approving the exclusion of the county from the jurisdiction of

8-26 a taxicab authority pursuant to section 20 of this act, the board of county

8-27 commissioners may enact such other ordinances as it may deem

8-28 necessary to regulate the conduct of the business of taxicab motor

8-29 carriers and limousine motor carriers that are based and primarily

8-30 operate within that county. If enacted, such ordinances must be

8-31 consistent with the legislative policies set forth in NRS 706.151.

8-32 2. If a board of county commissioners enacts an ordinance

8-33 approving the inclusion of the county in the jurisdiction of the taxicab

8-34 authority for southern Nevada or the taxicab authority for northern

8-35 Nevada, the board of county commissioners shall not amend or repeal

8-36 the ordinance, or enact any other ordinance pursuant to section 20 of

8-37 this act, for at least 2 years after the date on which the ordinance

8-38 approving the inclusion of the county in the jurisdiction of a taxicab

8-39 authority becomes effective.

8-40 3. A person who is regulated by a county in accordance with this

8-41 section shall pay to the county $100 per year for each taxicab and $250

8-42 per year for each limousine that the person operates and a fee set by the

8-43 board of county commissioners by ordinance that must not exceed 15

9-1 cents per trip for each compensable trip of each of those taxicabs, which

9-2 may be added to the meter charge.

9-3 4. Except as otherwise provided in this subsection, all money

9-4 collected by the board of county commissioners relating to the regulation

9-5 of taxicab motor carriers and limousine motor carriers pursuant to this

9-6 section must be deposited with the county treasurer of that county and

9-7 accounted for separately in the county general fund. All money collected

9-8 by a county for a fine or other monetary penalty must be deposited with

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

9-10 5. No ordinance enacted by a board of county commissioners

9-11 pursuant to:

9-12 (a) Section 20 of this act to exclude the county from the jurisdiction of

9-13 a taxicab authority; or

9-14 (b) Subsection 1 to regulate the conduct of the business of taxicab

9-15 motor carriers and limousine motor carriers that are based and primarily

9-16 operate within that county,

9-17 may be construed as motor vehicle registration law and any license fees

9-18 that may be imposed by a board of county commissioners pursuant

9-19 thereto are in addition to the fees for motor vehicle registration required

9-20 under the laws of this state.

9-21 Sec. 22. NRS 706.011 is hereby amended to read as follows:

9-22 706.011 As used in [NRS 706.013 to 706.791, inclusive,] this chapter,

9-23 unless the context otherwise requires, the words and terms defined in NRS

9-24 706.013 to 706.146, inclusive, and sections 2 to 10, inclusive, of this act

9-25 have the meanings ascribed to them in those sections.

9-26 Sec. 23. NRS 706.013 is hereby amended to read as follows:

9-27 706.013 "Advertise" means the commercial use of any medium,

9-28 including, but not limited to, the radio or television, or a newspaper,

9-29 magazine, directory, sign or other printed matter, by [a common or contract

9-30 motor carrier] an operator of a tow car a carrier of household goods, or a

9-31 contract motor carrier with regard to the transportation of household

9-32 goods, to bring the services of the operator or carrier to the attention of

9-33 members of the general public.

9-34 Sec. 24. NRS 706.036 is hereby amended to read as follows:

9-35 706.036 "Common motor carrier" means any person or operator who

9-36 holds himself out to the public as willing to transport by vehicle from place

9-37 to place, either upon fixed route or on-call operations, passengers or

9-38 property, including a common motor carrier of passengers [,] and a

9-39 common motor carrier of property . [, and] The term does not include a

9-40 taxicab motor carrier [.] , a limousine motor carrier, an operator of a tow

9-41 car or a carrier of household goods.

10-1 Sec. 25. NRS 706.041 is hereby amended to read as follows:

10-2 706.041 "Common motor carrier of passengers" means any person or

10-3 operator [, including a taxicab motor carrier,] who holds himself out to the

10-4 public as willing to transport by vehicle from place to place, either upon

10-5 fixed route or on-call operations, passengers or passengers and light

10-6 express for all who may choose to employ him. The term does not include

10-7 a taxicab motor carrier or limousine motor carrier.

10-8 Sec. 26. NRS 706.046 is hereby amended to read as follows:

10-9 706.046 "Common motor carrier of property" means any person or

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

10-11 public as willing to transport by motor vehicle from place to place, either

10-12 upon fixed route or on-call operations, the property of all who may choose

10-13 to employ him. The term does not include an operator of a tow car or a

10-14 carrier of household goods.

10-15 Sec. 27. NRS 706.051 is hereby amended to read as follows:

10-16 706.051 "Contract motor carrier" means any person or operator

10-17 engaged in transportation by motor vehicle of passengers or household

10-18 goods for compensation pursuant to continuing contracts with one person

10-19 or a limited number of persons:

10-20 1. For the furnishing of transportation services through the assignment

10-21 of motor vehicles for a continuing period [of time] to the exclusive use of

10-22 each person served;

10-23 2. For the furnishing of transportation services designed to meet the

10-24 distinct need of each individual customer; and

10-25 3. Not operating as a common motor carrier of passengers or property

10-26 [.] , as a taxicab motor carrier or limousine motor carrier, or as a carrier

10-27 of household goods.

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

10-29 706.085 "Household goods" means personal effects and property used

10-30 or to be used in a dwelling which are part of the equipment or supply of the

10-31 dwelling and [such] other similar property as the transportation services

10-32 authority may provide by regulation. The term does not include property

10-33 moving from a factory or store, except property that the householder has

10-34 purchased with the intent to use in his dwelling and that is transported at the

10-35 request of, and the transportation charges paid to the carrier by, the

10-36 householder.

10-37 Sec. 29. NRS 706.124 is hereby amended to read as follows:

10-38 706.124 1. "Taxicab" means a vehicle which is not operated over a

10-39 fixed route, is designed or constructed to accommodate and transport not

10-40 more than six passengers, including the driver, and is:

10-41 [1.] (a) Fitted with a taximeter or has some other device, method or

10-42 system to indicate and determine the passenger fare charged for the

10-43 distance traveled;

11-1 [2.] (b) Used in the transportation of passengers or light express, or

11-2 both, for which a charge or fee is charged or received; or

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

11-4 available for the transportation of passengers from place to place in the

11-5 State of Nevada.

11-6 2. The term does not include a motor vehicle of:

11-7 (a) A common motor carrier;

11-8 (b) A contract motor carrier;

11-9 (c) An employer who operates the vehicle for the transportation of his

11-10 employees, whether or not the employees pay for the transportation;

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

11-12 (e) A limousine motor carrier.

11-13 Sec. 30. NRS 706.151 is hereby amended to read as follows:

11-14 706.151 1. It is hereby declared to be the purpose and policy of the

11-15 legislature in enacting this chapter:

11-16 (a) [Except to the extent otherwise provided in NRS 706.881 to

11-17 706.885, inclusive, to] To confer upon the transportation services authority

11-18 the power and to make it the duty of the transportation services authority

11-19 to regulate [fully regulated carriers,] operators of tow cars [and brokers of

11-20 regulated services] , carriers of household goods, and contract motor

11-21 carriers with regard to the transportation of household goods, to the

11-22 extent provided in this chapter , and to confer upon the department the

11-23 power to license all motor carriers subject to the provisions of this chapter

11-24 and to make it the duty of the department to enforce the provisions of this

11-25 chapter and the regulations adopted by the transportation services

11-26 authority pursuant [to it,] thereto, to relieve the undue burdens on the

11-27 highways arising by reason of the use of the highways by vehicles in a

11-28 gainful occupation thereon.

11-29 (b) To provide for reasonable compensation for the use of the highways

11-30 in gainful occupations, and enable the State of Nevada, by using license

11-31 fees, to provide for the proper construction, maintenance and repair thereof,

11-32 and thereby protect the safety and welfare of the traveling and shipping

11-33 public in their use of the highways.

11-34 (c) To provide for fair and impartial regulation, to promote safe,

11-35 adequate, economical and efficient service and to foster sound economic

11-36 conditions in motor transportation.

11-37 (d) To encourage the establishment and maintenance of reasonable

11-38 charges for:

11-39 (1) Intrastate transportation by [fully regulated carriers;] carriers of

11-40 household goods, and contract motor carriers with regard to the

11-41 transportation of household goods; and

12-1 (2) Towing services performed without the prior consent of the
12-2 owner of the vehicle or the person authorized by the owner to operate the

12-3 vehicle,

12-4 without unjust discriminations against or undue preferences or advantages

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

12-6 household goods or applicant for a certificate of public convenience and

12-7 necessity.

12-8 (e) To discourage any practices which would tend to increase or create

12-9 competition that may be detrimental to the [traveling and shipping public or

12-10 the motor carrier] business of towing vehicles without the prior consent of

12-11 the owner of the vehicle or the person authorized by the owner to operate

12-12 the vehicle, the business of carriers of household goods, or the business

12-13 of contract motor carriers with regard to the transportation of household

12-14 goods, within this state.

12-15 2. All [of] the provisions of this chapter must be administered and

12-16 enforced with a view to carrying out the declaration of policy contained in

12-17 this section.

12-18 Sec. 31. NRS 706.1511 is hereby amended to read as follows:

12-19 706.1511 1. The transportation services authority is hereby created.

12-20 2. The chief of the transportation services authority [consists of three

12-21 members appointed by the governor. After the initial term each member

12-22 shall serve] is the commissioner of the transportation services authority.

12-23 The governor shall appoint the commissioner for a term of 4 years.

12-24 3. The [governor shall appoint to the authority members who] person

12-25 appointed as the commissioner must have at least 2 years of experience in

12-26 one or more of the following fields:

12-27 (a) Accounting.

12-28 (b) Business administration.

12-29 (c) Economics.

12-30 (d) Administrative law.

12-31 (e) Transportation.

12-32 (f) Professional engineering.

12-33 [At least one but not more than two of the members appointed must be

12-34 residents of Clark County.

12-35 4. Not more than two of the members may be:

12-36 (a) Members of the same political party.

12-37 (b) From the same field of experience.

12-38 5. All of the members]

12-39 4. The commissioner must be [persons who are] a person who is

12-40 independent of the industries regulated by the transportation services

12-41 authority. No elected officer of this state or any political subdivision is

12-42 eligible for appointment.

12-43 [6. The members of the authority]

13-1 5. The commissioner shall give [their] his entire time to the business

13-2 of the transportation services authority and shall not pursue any other

13-3 business or vocation or hold any other office of profit.

13-4 [7. Each member of the authority]

13-5 6. The commissioner serves at the pleasure of the governor.

13-6 Sec. 32. NRS 706.1513 is hereby amended to read as follows:

13-7 706.1513 The transportation services authority may sue and be sued in

13-8 the name of the transportation services authority.

13-9 Sec. 33. NRS 706.1515 is hereby amended to read as follows:

13-10 706.1515 1. Any [common or contract carrier] operator of a tow car,

13-11 carrier of household goods, or contract motor carrier with regard to the

13-12 transportation of household goods, subject to the jurisdiction of the

13-13 transportation services authority that elects to maintain its books and

13-14 records outside the State of Nevada [shall,] must, in addition to any other

13-15 assessment and fees provided for by law, be assessed in advance by the

13-16 transportation services authority for an amount which the transportation

13-17 services authority reasonably estimates will be equal to the amount that

13-18 will be incurred for the travel expenses and the excess of the out-of-state

13-19 subsistence allowances over the in-state subsistence allowances, as fixed by

13-20 NRS 281.160, [of members] by the commissioner of the transportation

13-21 services authority and staff, for investigations, inspections and audits

13-22 required to be performed outside this state.

13-23 2. The [assessments] actual amount of the assessment provided for by

13-24 this section must be determined by the transportation services authority

13-25 upon the completion of each such investigation, inspection, audit or

13-26 appearance . [and are] If the actual amount of the assessment is less than

13-27 the estimated amount of the assessment, the transportation services

13-28 authority shall refund the difference to the affected operator or carrier,

13-29 as appropriate. If the actual amount of the assessment is greater than the

13-30 estimated amount of the assessment paid by the affected operator or

13-31 carrier, the transportation services authority shall assess the affected

13-32 operator or carrier an amount that is equal to the difference between the

13-33 estimated and actual assessment. The final assessment is due within 30

13-34 days after receipt by the affected [common or contract carrier] operator or

13-35 carrier of the notice of the assessment.

13-36 3. The records of the transportation services authority relating to the

13-37 additional costs incurred by reason of the necessary additional travel must

13-38 be open for inspection by the affected [common or contract carrier]

13-39 operator or carrier at any time within the 30-day period.

13-40 Sec. 34. NRS 706.1516 is hereby amended to read as follows:

13-41 706.1516 1. The transportation services authority regulatory fund is

13-42 hereby created as a special revenue fund. [All] Except as otherwise

13-43 provided in this section, all money collected by the transportation services

14-1 authority pursuant to law must be deposited in the state treasury for credit

14-2 to the fund.

14-3 2. Money in the fund may be used only to defray the costs of:

14-4 (a) Maintaining staff and equipment needed to regulate adequately

14-5 persons subject to the jurisdiction of the transportation services authority.

14-6 (b) Participating in all proceedings relevant to the jurisdiction of the

14-7 transportation services authority.

14-8 (c) Audits, inspections, investigations, publication of notices, reports

14-9 and retaining consultants connected with that maintenance and

14-10 participation.

14-11 (d) The salaries, travel expenses and subsistence allowances of the

14-12 [members] commissioner and staff of the transportation services

14-13 authority.

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

14-15 state are paid.

14-16 4. The transportation services authority must furnish upon request a

14-17 statement showing the balance remaining in the fund as of the close of the

14-18 preceding fiscal year.

14-19 5. Money collected by the transportation services authority from a

14-20 fine or penalty must be deposited into the state highway fund.

14-21 Sec. 35. NRS 706.1517 is hereby amended to read as follows:

14-22 706.1517 Employees of the transportation services authority who are

14-23 peace officers may carry firearms in the performance of their duties.

14-24 Sec. 36. NRS 706.1518 is hereby amended to read as follows:

14-25 706.1518 Except as otherwise provided in NRS 706.1725, the

14-26 transportation services authority shall make and publish biennial reports

14-27 showing its proceedings. All biennial reports, records, proceedings, papers

14-28 and files of the transportation services authority must be open at all

14-29 reasonable times to the public.

14-30 Sec. 37. NRS 706.156 is hereby amended to read as follows:

14-31 706.156 [1. All common and contract motor carriers and brokers] All

14-32 operators of tow cars, carriers of household goods, and contract motor

14-33 carriers with regard to the transportation of household goods, are hereby

14-34 declared to be, to the extent provided in this chapter:

14-35 [(a)] 1. Affected with a public interest; and

14-36 [(b)] 2. Subject to NRS [706.011] 706.151 to 706.791, inclusive [.

14-37 2. A purchaser or broker of transportation services which are provided

14-38 by a common motor carrier who holds a certificate of public convenience

14-39 and necessity may resell those services, in combination with other services

14-40 and facilities that are not related to transportation, but only in a manner

14-41 complying with the scope of authority set forth in the certificate of the

14-42 common motor carrier. The authority shall not prohibit or restrict such a

14-43 purchaser or broker from reselling those transportation services to any

15-1 person based upon that person’s affiliation, or lack of affiliation, with any

15-2 group.] , and section 11 of this act.

15-3 Sec. 38. NRS 706.166 is hereby amended to read as follows:

15-4 706.166 The transportation services authority shall:

15-5 1. [Subject to the limitation provided in NRS 706.168 and to] To the

15-6 extent provided in this chapter, supervise and regulate:

15-7 (a) Every [fully regulated carrier and broker of regulated services]

15-8 carrier of household goods, and every contract motor carrier with regard

15-9 to the transportation of household goods, in this state in all matters

15-10 directly related to those activities of the [motor carrier and broker] carrier

15-11 actually necessary for the transportation of [persons or] property, including

15-12 the handling and storage of that property, over and along the highways.

15-13 (b) Every operator of a tow car concerning the rates and charges

15-14 assessed for towing services performed without the prior consent of the

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

15-16 vehicle and pursuant to the provisions of NRS [706.011] 706.151 to

15-17 706.791, inclusive [.] , and section 11 of this act.

15-18 2. Supervise and regulate the storage of household goods and effects in

15-19 warehouses and the operation and maintenance of such warehouses in

15-20 accordance with the provisions of this chapter and chapter 712 of NRS.

15-21 3. Enforce the standards of safety applicable to the employees,

15-22 equipment, facilities and operations of [those common and contract carriers

15-23 subject to the authority or the department] operators of tow cars, carriers

15-24 of household goods, and contract motor carriers with regard to the

15-25 transportation of household goods, by:

15-26 (a) Providing training in safety;

15-27 (b) Reviewing and observing the programs or inspections of [the carrier]

15-28 operators of tow cars, carriers of household goods, and contract motor

15-29 carriers with regard to the transportation of household goods, relating to

15-30 safety; and

15-31 (c) Conducting inspections relating to safety . [at the operating terminals

15-32 of the carrier.]

15-33 4. To carry out the policies expressed in NRS 706.151, adopt

15-34 regulations providing for agreements between two or more [fully regulated

15-35 carriers or two or more] operators of tow cars , carriers of household

15-36 goods, or contract motor carriers with regard to the transportation of

15-37 household goods, relating to:

15-38 (a) [Fares of fully regulated carriers;

15-39 (b)] All rates of [fully regulated] carriers of household goods and

15-40 contract motor carriers with regard to the transportation of household

15-41 goods, and rates of operators of tow cars for towing services performed

15-42 without the prior consent of the owner of the vehicle or the person

15-43 authorized by the owner to operate the vehicle;

16-1 [(c)] (b) Classifications;

16-2 [(d)] (c) Divisions;

16-3 [(e)] (d) Allowances; and

16-4 [(f)] (e) All charges of [fully regulated] carriers of household goods

16-5 and contract motor carriers with regard to the transportation of

16-6 household goods, and charges of operators of tow cars for towing services

16-7 performed without the prior consent of the owner of the vehicle or the

16-8 person authorized by the owner to operate the vehicle, including charges

16-9 between carriers and compensation paid or received for the use of facilities

16-10 and equipment.

16-11 These regulations may not provide for collective agreements which restrain

16-12 any party from taking free and independent action.

16-13 5. Review decisions of [the] a taxicab authority appealed to the

16-14 transportation services authority pursuant to NRS 706.8819.

16-15 Sec. 39. NRS 706.167 is hereby amended to read as follows:

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

16-17 common or contract] , carrier of household goods, and contract motor

16-18 carrier with regard to the transportation of household goods, regulated by

16-19 the transportation services authority shall:

16-20 (a) Keep uniform and detailed accounts of all business transacted in the

16-21 manner required by the transportation services authority by regulation and

16-22 render them to the transportation services authority upon its request.

16-23 (b) Furnish an annual report to the transportation services authority in

16-24 the form and detail that it prescribes by regulation.

16-25 The regulations of the transportation services authority may not require an

16-26 operator of a tow car to keep accounts and report information concerning

16-27 towing services performed without the prior consent of the owner of the

16-28 vehicle or the person authorized by the owner to operate the vehicle other

16-29 than information that is necessary to permit the transportation services

16-30 authority to enforce the provisions of NRS [706.011] 706.151 to 706.791,

16-31 inclusive [.] , and section 11 of this act.

16-32 2. Except as otherwise provided in subsection 3, the reports required

16-33 by this section must be prepared for each calendar year and submitted not

16-34 later than May 15 of the year following the year for which the report is

16-35 submitted.

16-36 3. A carrier of household goods may, with the permission of the

16-37 transportation services authority, prepare the reports required by this

16-38 section for a year other than a calendar year that the transportation services

16-39 authority specifies and submit them not later than a date specified by the

16-40 transportation services authority in each year.

16-41 4. If the transportation services authority finds that necessary

16-42 information is not contained in a report submitted pursuant to this section,

16-43 it may call for the omitted information at any time.

17-1 Sec. 40. NRS 706.1675 is hereby amended to read as follows:

17-2 706.1675 Every annual report, record or statement required by law to

17-3 be made to the transportation services authority must be submitted under

17-4 oath by the proper officer, agent or person responsible for submitting the

17-5 report, record or statement.

17-6 Sec. 41. NRS 706.169 is hereby amended to read as follows:

17-7 706.169 The department shall [:

17-8 1. Regulate the activities of common and contract carriers of property

17-9 other than fully regulated carriers and operators of tow cars.

17-10 2. Regulate] regulate the licensing of private motor carriers of property

17-11 used for private commercial enterprises on any highway in this state.

17-12 Sec. 42. NRS 706.171 is hereby amended to read as follows:

17-13 706.171 1. The [authority and the] department may:

17-14 (a) Make necessary and reasonable regulations governing the

17-15 administration and enforcement of the provisions of this chapter for which

17-16 [they are each] the department is responsible.

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

17-18 the time of adoption, issued by the United States Department of

17-19 Transportation, the Surface Transportation Board, any other agency of the

17-20 Federal Government, or the National Association of Regulatory Utility

17-21 Commissioners.

17-22 (c) Require such reports and the maintenance of such records as [they

17-23 determine] the department determines to be necessary for the

17-24 administration and enforcement of this chapter.

17-25 (d) Except as otherwise provided in this section, examine, at any time

17-26 during the business hours of the day, the books, papers and records of any

17-27 [fully regulated carrier, and of any other] common, contract or private

17-28 motor carrier , taxicab motor carrier, limousine motor carrier, operator of

17-29 a tow car or carrier of household goods doing business in this state to the

17-30 extent necessary for [their respective duties. The authority and] the

17-31 department to carry out the provisions of this chapter. The department

17-32 may examine in other states or require by subpoena the production inside

17-33 this state of such books, papers and records as are not maintained in this

17-34 state.

17-35 (e) Temporarily waive any requirement for a [certificate or permit]

17-36 license when an emergency exists as defined in NRS 706.561.

17-37 2. No personnel records of an employee of a [fully regulated carrier, or

17-38 of any other] common, contract or private motor carrier , taxicab motor

17-39 carrier, limousine motor carrier, operator of a tow car or carrier of

17-40 household goods may be examined pursuant to paragraph (d) of subsection

17-41 1 unless the records contain information relating to a matter of public safety

17-42 or [the authority and] the department [determine] determines that the

17-43 examination is required to protect the interests of the public.

18-1 3. The department may adopt regulations to ensure the payment of any

18-2 fee due or authorized pursuant to the provisions of this chapter.

18-3 4. As used in this section, "personnel records" does not include:

18-4 (a) The name of the employee who is the subject of the record;

18-5 (b) The gross compensation and perquisites of the employee;

18-6 (c) Any record of the business expenses of the employee;

18-7 (d) The title or any description of the position held by the employee;

18-8 (e) The qualifications required for the position held by the employee;

18-9 (f) The business address of the employee;

18-10 (g) The telephone number of the employee at his place of business;

18-11 (h) The work schedule of the employee;

18-12 (i) The date on which the employee began his employment; and

18-13 (j) If applicable, the date on which the employment of the employee was

18-14 terminated.

18-15 Sec. 43. NRS 706.1715 is hereby amended to read as follows:

18-16 706.1715 1. The attorney general shall:

18-17 (a) Act as counsel and attorney for the transportation services authority

18-18 in all actions, proceedings and hearings.

18-19 (b) Prosecute in the name of the transportation services authority all

18-20 civil actions for the enforcement of this chapter and for the recovery of any

18-21 penalty or forfeiture provided for therein.

18-22 (c) Generally aid the transportation services authority in the

18-23 performance of its duties and the enforcement of this chapter.

18-24 2. The attorney general or any district attorney may prosecute any

18-25 violation of this chapter or chapter 712 of NRS for which a criminal

18-26 penalty is provided.

18-27 Sec. 44. NRS 706.1717 is hereby amended to read as follows:

18-28 706.1717 The transportation services authority may, in carrying out its

18-29 duties:

18-30 1. Cooperate with the Federal Government and its departments and

18-31 agencies.

18-32 2. Confer with the regulatory agencies of other states on matters of

18-33 mutual concern and benefit to persons served by [motor] operators of tow

18-34 cars and carriers of household goods of this state.

18-35 3. Use the services, records, facilities and cooperation of federal and

18-36 state regulatory agencies, and hold joint hearings and participate in joint

18-37 conferences to reach decisions in matters that require cooperation. All

18-38 necessary expenses incurred in attending hearings and conferences outside

18-39 this state are a charge against the state and must be audited and paid as

18-40 other claims against the state are paid.

19-1 Sec. 45. NRS 706.172 is hereby amended to read as follows:

19-2 706.172 1. The transportation services authority may:

19-3 (a) Make necessary and reasonable regulations governing the

19-4 administration and enforcement of the provisions of this chapter for

19-5 which the transportation services authority is responsible.

19-6 (b) Require such reports and the maintenance of such records as the

19-7 transportation services authority determines to be necessary for the

19-8 administration and enforcement of this chapter.

19-9 (c) Temporarily waive any requirement for a certificate when an

19-10 emergency exists as defined in NRS 706.561.

19-11 2. Except as otherwise provided in subsection [2, any, member of] 3,

19-12 the commissioner of the transportation services authority , or any officer

19-13 or employee of the transportation services authority who is designated by

19-14 the commissioner of the transportation services authority may examine

19-15 during the regular business hours the books, accounts, records, minutes,

19-16 papers and property of any person who is regulated by the transportation

19-17 services authority . [and who does business in this state, whether or not the

19-18 book, account, record, minutes, paper or property is located within this

19-19 state.

19-20 2.] The transportation services authority may examine in other states

19-21 or require by subpoena the production inside this state of any such

19-22 books, accounts, records, minutes, papers and property that are not

19-23 maintained in this state.

19-24 3. No personnel records of an employee may be examined pursuant to

19-25 subsection [1] 2 unless the records contain information relating to a matter

19-26 of public safety or the transportation services authority determines that the

19-27 examination is required to protect the interests of the public.

19-28 [3.] 4. As used in this section, "personnel records" does not include:

19-29 (a) The name of the employee who is the subject of the record;

19-30 (b) The gross compensation and perquisites of the employee;

19-31 (c) Any record of the business expenses of the employee;

19-32 (d) The title or any description of the position held by the employee;

19-33 (e) The qualifications required for the position held by the employee;

19-34 (f) The business address of the employee;

19-35 (g) The telephone number of the employee at his place of business;

19-36 (h) The work schedule of the employee;

19-37 (i) The date on which the employee began his employment; and

19-38 (j) If applicable, the date on which the employment of the employee was

19-39 terminated.

19-40 Sec. 46. NRS 706.1725 is hereby amended to read as follows:

19-41 706.1725 1. Any books, accounts, records, minutes, papers and

19-42 property of any [carrier] operator of a tow car or carrier of household

19-43 goods that are subject to examination pursuant to NRS 706.1518 and

20-1 706.172, and are made available to the transportation services authority,

20-2 any officer or employee of the transportation services authority, or any

20-3 other person under the condition that the disclosure of such information to

20-4 the public be withheld or otherwise limited, must not be disclosed to the

20-5 public unless the transportation services authority first determines that the

20-6 disclosure is justified.

20-7 2. The transportation services authority shall take such actions as are

20-8 necessary to protect the confidentiality of such information, including,

20-9 without limitation:

20-10 (a) Granting such protective orders as it deems necessary; and

20-11 (b) Holding closed hearings to receive or examine such information.

20-12 3. If the transportation services authority closes a hearing to receive or

20-13 examine such information, it shall:

20-14 (a) Restrict access to the records and transcripts of such hearings

20-15 without the prior approval of the transportation services authority or an

20-16 order of a court of competent jurisdiction authorizing access to the records

20-17 or transcripts; and

20-18 (b) Prohibit any participant at such a hearing from disclosing such

20-19 information without the prior authorization of the transportation services

20-20 authority.

20-21 4. The transportation services authority shall consider in an open

20-22 meeting whether the information reviewed or examined in a closed hearing

20-23 may be disclosed without revealing the confidential subject matter of the

20-24 information. To the extent the transportation services authority determines

20-25 the information may be disclosed, the information must become a part of

20-26 the records available to the public. Information that the transportation

20-27 services authority determines may not be disclosed must be kept under seal.

20-28 Sec. 47. NRS 706.173 is hereby amended to read as follows:

20-29 706.173 1. The transportation services authority or the department

20-30 may, by regulation applicable to [common, contract and private motor

20-31 carriers of passengers and property,] operators of tow cars and carriers of

20-32 household goods, adopt standards for safety for drivers and vehicles.

20-33 2. The department may, by regulation applicable to common,

20-34 contract and private motor carriers of passengers or property, taxicab

20-35 motor carriers, limousine motor carriers, operators of tow cars and

20-36 carriers of household goods, adopt standards for safety for drivers and

20-37 vehicles.

20-38 3. The department may, by regulation applicable to all motor vehicles

20-39 transporting hazardous materials, adopt standards for the transportation of

20-40 hazardous materials and hazardous waste as defined in NRS 459.430.

20-41 Sec. 48. NRS 706.176 is hereby amended to read as follows:

20-42 706.176 The commissioner of the transportation services authority

20-43 may:

21-1 1. Appoint a deputy who serves in the unclassified service of the state.

21-2 2. Employ such other personnel as may be necessary.

21-3 Sec. 49. NRS 706.197 is hereby amended to read as follows:

21-4 706.197 1. The transportation services authority may collect fees for

21-5 the filing of any official document required by this chapter or by a

21-6 regulation of the transportation services authority.

21-7 2. Filing fees may not exceed:

21-8 (a) For applications, $200.

21-9 (b) For petitions seeking affirmative relief, $200.

21-10 (c) For each tariff page that requires public notice and is not attached to

21-11 an application, $10. If more than one page is filed at one time, the total fee

21-12 may not exceed the cost of notice and publication.

21-13 (d) For all other documents that require public notice, $10.

21-14 (e) For an amended application, the cost of publication.

21-15 3. If an application or other document is rejected by the transportation

21-16 services authority because it is inadequate or inappropriate, the filing fee

21-17 must be returned.

21-18 4. The transportation services authority may not charge any fee for

21-19 filing a complaint.

21-20 Sec. 50. NRS 706.201 is hereby amended to read as follows:

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

21-22 transportation services authority regulatory fund, the costs of administration

21-23 of [this chapter] NRS 706.151 to 706.791, inclusive, and section 11 of this

21-24 act by the transportation services authority must be paid from the state

21-25 highway fund on claims presented by the transportation services authority

21-26 or department, approved by the state board of examiners.

21-27 Sec. 51. NRS 706.226 is hereby amended to read as follows:

21-28 706.226 No common, contract or private motor carrier , taxicab motor

21-29 carrier, limousine motor carrier, operator of a tow car or carrier of

21-30 household goods may operate on any highway [nor any broker of regulated

21-31 services engage in business] in this state except in accordance with the

21-32 provisions of this chapter.

21-33 Sec. 51.5. NRS 706.231 is hereby amended to read as follows:

21-34 706.231 Sheriffs and all other peace officers and traffic officers of this

21-35 state are charged with the duty, without further compensation, of assisting

21-36 in the enforcement of this chapter. [They] The officers shall make arrests

21-37 for this purpose when requested by an authorized agent of the department,

21-38 transportation services authority or other competent authority.

21-39 Sec. 52. NRS 706.246 is hereby amended to read as follows:

21-40 706.246 1. Except as otherwise provided in NRS 706.235:

21-41 [1.] (a) A common or contract motor carrier , taxicab motor carrier,

21-42 limousine motor carrier, operator of a tow car or carrier of household

21-43 goods shall not permit or require a driver to drive or tow any vehicle

22-1 revealed by inspection or operation to be in such condition that its

22-2 operation would be hazardous or likely to result in a breakdown of the

22-3 vehicle, and a driver shall not drive or tow any vehicle which by reason of

22-4 its mechanical condition is so imminently hazardous to operate as to be

22-5 likely to cause an accident or a breakdown of the vehicle. If, while any

22-6 vehicle is being operated on a highway, it is discovered to be in such an

22-7 unsafe condition, it may be continued in operation, except as further limited

22-8 by [subsection 2,] paragraph (b) or (c), only to the nearest place where

22-9 repairs can safely be effected, and even that operation may be conducted

22-10 only if it is less hazardous to the public than permitting the vehicle to

22-11 remain on the highway.

22-12 [2. A common or contract motor carrier or private motor carrier]

22-13 (b) An operator of a tow car or a carrier of household goods shall not

22-14 permit or require a driver to drive or tow, and a driver shall not drive or

22-15 tow, any vehicle which:

22-16 [(a)] (1) By reason of its mechanical condition is so imminently

22-17 hazardous to operate as to be likely to cause an accident or a breakdown;

22-18 and

22-19 [(b)] (2) Has been declared "out of service" by an authorized

22-20 employee of the transportation services authority . [or the department.]

22-21 When the repairs have been made, the operator or carrier shall so certify to

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

22-23 declared the vehicle "out of service,"] as required by the transportation

22-24 services authority . [or the department.]

22-25 (c) A common or contract motor carrier, private motor carrier,

22-26 taxicab motor carrier, limousine motor carrier, operator of a tow car or

22-27 carrier of household goods shall not permit or require a driver to drive,

22-28 and a driver shall not drive, any vehicle which:

22-29 (1) By reason of its mechanical condition is so imminently

22-30 hazardous to operate as to be likely to cause an accident or a breakdown;

22-31 and

22-32 (2) Has been declared "out of service" by an authorized employee

22-33 of the department.

22-34 When the repairs have been made, the carrier or operator, as

22-35 appropriate, shall so certify to the department, as required by the

22-36 department.

22-37 2. The transportation services authority may adopt such regulations

22-38 as are necessary to carry out a program for inspecting vehicles pursuant

22-39 to this section.

22-40 Sec. 53. NRS 706.251 is hereby amended to read as follows:

22-41 706.251 1. Every person operating a vehicle used by any motor

22-42 carrier under the jurisdiction of the transportation services authority shall

22-43 forthwith report each accident occurring on the public highway, wherein the

23-1 vehicle may have injured the person or property of some person other than

23-2 the person or property carried by the vehicle, to the sheriff or other peace

23-3 officer of the county where the accident occurred. If the accident

23-4 immediately or proximately causes death, the person in charge of the

23-5 vehicle, or any officer investigating the accident, shall furnish to the

23-6 transportation services authority such detailed report thereof as required by

23-7 the transportation services authority.

23-8 2. All accident reports required in this section must be filed in the

23-9 office of the transportation services authority and there preserved. An

23-10 accident report made as required by this chapter, or any report of the

23-11 transportation services authority made pursuant to any accident

23-12 investigation made by it, is not open to public inspection and must not be

23-13 disclosed to any person, except upon order of the transportation services

23-14 authority. The reports must not be admitted as evidence or used for any

23-15 purpose in any action for damages growing out of any matter mentioned in

23-16 the accident report or report of any such investigation.

23-17 Sec. 54. NRS 706.256 is hereby amended to read as follows:

23-18 706.256 The transportation services authority may, in the interest of

23-19 safety or service, after hearing:

23-20 1. Determine and order repairs of facilities of [common and contract

23-21 motor carriers;] operators of tow cars or carriers of household goods; and

23-22 2. Order the use of safety appliances by such operators or carriers in

23-23 the interest of the public and employees.

23-24 Sec. 55. NRS 706.281 is hereby amended to read as follows:

23-25 706.281 [1.] In addition to any identifying device provided for in this

23-26 chapter, each motor vehicle [within the provisions of NRS 706.011 to

23-27 706.791, inclusive,] under the jurisdiction of the transportation services

23-28 authority must have the name of the person or operator operating the

23-29 vehicle prominently and conspicuously displayed on both sides of the

23-30 vehicle in such location, size and style as may be specified by the

23-31 transportation services authority. The display shall not be deemed to be

23-32 advertising for the purposes of NRS 706.285 unless additional information

23-33 about the operator is included.

23-34 [2. This section does not apply to motor vehicles:

23-35 (a) Weighing 10,000 pounds or less operated by private carriers and not

23-36 operated in combination with any other vehicle.

23-37 (b) Operated by an employer for the transportation of his employees,

23-38 whether or not the employees pay for the transportation.]

23-39 Sec. 56. NRS 706.285 is hereby amended to read as follows:

23-40 706.285 All advertising by [:

23-41 1. A fully regulated carrier of intrastate commerce; and

23-42 2. An] an operator of a tow car, a carrier of household goods, or a

23-43 contract motor carrier with regard to the transportation of household

24-1 goods, must include the number of the certificate of public convenience and

24-2 necessity or contract carrier’s permit issued to him by the transportation

24-3 services authority.

24-4 Sec. 57. NRS 706.2855 is hereby amended to read as follows:

24-5 706.2855 1. If the transportation services authority finds, after

24-6 notice and hearing, that a person has violated NRS 706.285, the

24-7 transportation services authority may, in addition to any penalty,

24-8 punishment or disciplinary action authorized by this chapter, petition a

24-9 court of competent jurisdiction for an injunction prohibiting the person

24-10 from continuing to:

24-11 (a) Engage in advertising that violates the provisions of NRS 706.285;

24-12 or

24-13 (b) Use any telephone number mentioned in such advertising for any

24-14 purpose.

24-15 2. If the court finds that the respondent has engaged in advertising that

24-16 is unlawful pursuant to NRS 706.285, the court shall:

24-17 (a) Enjoin him from continuing the advertising.

24-18 (b) Enjoin him from using the telephone number mentioned in the

24-19 advertising for any purpose.

24-20 (c) Issue an order that requires the telephone number mentioned in the

24-21 advertising to be disconnected.

24-22 (d) Forward a copy of the order to the appropriate provider of telephone

24-23 service within 5 days after issuing the order.

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

24-25 of public convenience and necessity of the respondent, cancel the local

24-26 business licenses and permits relating to the operation of the respondent

24-27 that is subject to the jurisdiction of the transportation services authority

24-28 that have been issued to the respondent.

24-29 3. As used in this section, "provider of telephone service" includes, but

24-30 is not limited to:

24-31 (a) A public utility furnishing telephone service.

24-32 (b) A provider of cellular or other service to a telephone that is installed

24-33 in a vehicle or is otherwise portable.

24-34 Sec. 58. NRS 706.286 is hereby amended to read as follows:

24-35 706.286 1. [When] If a complaint is made against any [fully

24-36 regulated carrier or] operator of a tow car [by any person,] , carrier of

24-37 household goods, or contract motor carrier with regard to the

24-38 transportation of household goods, that:

24-39 (a) Any of the rates, tolls, charges or schedules, or any joint rate or rates

24-40 assessed by any [fully regulated carrier or by any] operator of a tow car for

24-41 towing services performed without the prior consent of the owner of the

24-42 vehicle or the person authorized by the owner to operate the vehicle , or

24-43 any carrier of household goods, or contract motor carrier with regard to

25-1 the transportation of household goods are in any respect unreasonable or

25-2 unjustly discriminatory;

25-3 (b) Any of the provisions of NRS 706.445 to 706.453, inclusive, have

25-4 been violated;

25-5 (c) Any regulation, measurement, practice or act directly relating to the

25-6 transportation of persons or property, including the handling and storage of

25-7 that property, is, in any respect, unreasonable, insufficient or unjustly

25-8 discriminatory; or

25-9 (d) Any service is inadequate,

25-10 the transportation services authority shall investigate the complaint. After

25-11 receiving the complaint, the transportation services authority shall give a

25-12 copy of [it] the complaint to the [carrier or] operator of a tow car or

25-13 carrier of household goods against [whom] which the complaint [is] was

25-14 made. Within a reasonable time thereafter, the [carrier or] operator of a tow

25-15 car or carrier of household goods shall provide the transportation services

25-16 authority with [its] his written response to the complaint according to the

25-17 regulations of the transportation services authority.

25-18 2. If the transportation services authority determines that probable

25-19 cause exists for the complaint, it shall order a hearing thereof, give notice

25-20 of the hearing and conduct the hearing as it would any other hearing. If the

25-21 complaint has been filed against an operator of a tow car by another

25-22 operator of a tow car, against any carrier of household goods by another

25-23 carrier of household goods, or against any contract motor carrier with

25-24 regard to the transportation of household goods, and the transportation

25-25 services authority does not find probable cause for the complaint, the

25-26 transportation services authority may recover from the complainant the

25-27 cost of court reporting and investigation, and other necessary expenses

25-28 incurred by the transportation services authority.

25-29 3. No order affecting a rate, toll, charge, schedule, regulation,

25-30 measurement, practice or act complained of may be entered without a

25-31 formal hearing unless the hearing is dispensed with as provided in NRS

25-32 706.2865.

25-33 Sec. 59. NRS 706.2865 is hereby amended to read as follows:

25-34 706.2865 1. When, in any matter pending before the transportation

25-35 services authority, a hearing is required by law, or is normally required by

25-36 the transportation services authority, the transportation services authority

25-37 shall give notice of the pendency of the matter to all persons entitled to

25-38 notice of the hearing. The transportation services authority shall by

25-39 regulation specify:

25-40 (a) The manner of giving notice; and

25-41 (b) Where not specified by law, the persons entitled to notice in each

25-42 type of proceeding.

26-1 2. Unless, within 10 days after the date of the notice of pendency, a

26-2 person entitled to notice of the hearing files with the transportation

26-3 services authority a request that the hearing be held, the transportation

26-4 services authority may dispense with a hearing and act upon the matter

26-5 pending.

26-6 3. If a request for a hearing is filed, the transportation services

26-7 authority shall give at least 10 days’ notice of the hearing.

26-8 4. If an operator of a tow car files an application for a certificate of

26-9 public convenience and necessity or an application to transfer a certificate

26-10 of public convenience and necessity with the authority, the authority shall

26-11 give notice pursuant to the provisions of subsection 1.

26-12 Sec. 60. NRS 706.2873 is hereby amended to read as follows:

26-13 706.2873 1. A complete record must be kept of all hearings before

26-14 the transportation services authority, and all testimony must be taken down

26-15 by the stenographer appointed by the transportation services authority, or,

26-16 under the direction of any competent person appointed by the

26-17 transportation services authority, reported by sound recording equipment

26-18 in the manner authorized for reporting testimony in district courts. The

26-19 testimony reported by a stenographer must be transcribed and filed with the

26-20 record in the matter. The transportation services authority may by

26-21 regulation provide for the transcription or safekeeping of sound recordings.

26-22 The costs of recording and transcribing testimony at any hearing, except

26-23 those hearings ordered pursuant to NRS 706.286 must be paid by the

26-24 applicant. If a complaint is made pursuant to NRS 706.286 by a customer

26-25 or by a political subdivision of this state or a municipal organization, the

26-26 complainant is not liable for any costs. Otherwise, if there are several

26-27 applicants or parties to any hearing, the transportation services authority

26-28 may apportion the costs among them in its discretion.

26-29 2. Whenever any petition is served upon the transportation services

26-30 authority, before the action is reached for trial, the transportation services

26-31 authority shall file a certified copy of all proceedings and testimony taken

26-32 with the clerk of the court in which the action is pending.

26-33 3. A copy of the proceedings and testimony must be furnished to any

26-34 party, on payment of a reasonable amount, to be fixed by the

26-35 transportation services authority, and the amount must be the same for all

26-36 parties.

26-37 4. The provisions of this section do not prohibit the transportation

26-38 services authority from restricting access to the records and transcripts of a

26-39 hearing pursuant to subsection 2 of NRS 706.1725.

26-40 Sec. 61. NRS 706.2875 is hereby amended to read as follows:

26-41 706.2875 1. Any party is entitled to an order by the transportation

26-42 services authority for the appearance of witnesses or the production of

26-43 books, papers and documents containing material testimony.

27-1 2. Witnesses appearing upon the order of the transportation services

27-2 authority are entitled to the same fees and mileage as witnesses in civil

27-3 actions in the courts of this state . [, and the fees and mileage must be paid

27-4 out of the state treasury in the same manner as other claims against the state

27-5 are paid.] No fees or mileage may be allowed for a witness appearing

27-6 pursuant to an order of the transportation services authority unless the

27-7 [chairman] commissioner of the transportation services authority certifies

27-8 the correctness of the claim.

27-9 Sec. 62. NRS 706.288 is hereby amended to read as follows:

27-10 706.288 The transportation services authority may require, by order to

27-11 be served on any person regulated by the transportation services authority

27-12 in the same manner as a subpoena in a civil action, the production at a time

27-13 and place designated by the transportation services authority of any books,

27-14 accounts, papers or records kept by the person in any office or place

27-15 outside this state, or verified copies in lieu thereof if the transportation

27-16 services authority so directs, so that an examination may be made by the

27-17 transportation services authority or under its direction, or for use as

27-18 testimony.

27-19 Sec. 62.5. NRS 706.2883 is hereby amended to read as follows:

27-20 706.2883 Any person who is aggrieved by any action or inaction of

27-21 [the] a taxicab authority pursuant to NRS 706.8819 is entitled to judicial

27-22 review of the decision in the manner provided by chapter 233B of NRS.

27-23 The transportation services authority may adopt such regulations as may be

27-24 necessary to provide for its review of decisions of [the] a taxicab authority.

27-25 Sec. 63. NRS 706.2885 is hereby amended to read as follows:

27-26 706.2885 1. A certificate of public convenience and necessity [,

27-27 permit or license issued in accordance with this chapter] or permit issued

27-28 by the transportation services authority is not a franchise and may be

27-29 revoked.

27-30 2. The transportation services authority may at any time, for good

27-31 cause shown, after investigation and hearing and upon 5 days’ written

27-32 notice to the grantee, suspend any certificate [, permit or license] or permit

27-33 issued in accordance with the provisions of NRS [706.011] 706.151 to

27-34 706.791, inclusive, and section 11 of this act, for a period not to exceed 60

27-35 days.

27-36 3. Upon receipt of a written complaint or on its own motion, the

27-37 transportation services authority may, after investigation and hearing,

27-38 revoke any certificate [, permit or license.] or permit. If service of the

27-39 notice required by subsection 2 cannot be made or if the grantee

27-40 relinquishes his interest in the certificate [, permit or license] or permit by

27-41 so notifying the transportation services authority in writing, the

27-42 transportation services authority may revoke the certificate [, permit or

27-43 license] or permit without a hearing.

28-1 4. The proceedings thereafter are governed by the provisions of

28-2 chapter 233B of NRS.

28-3 Sec. 64. NRS 706.291 is hereby amended to read as follows:

28-4 706.291 1. The [authority shall require every fully regulated carrier

28-5 and every operator of a tow car, within such time and in such amounts as

28-6 the authority may designate, to file with the authority in a form required

28-7 and approved by the authority a liability insurance policy, or a certificate of

28-8 insurance in lieu thereof, or a bond of a surety company, or other surety, in

28-9 such reasonable sum as the authority may deem necessary to protect

28-10 adequately the interests of the public.

28-11 2. The] department shall require every [other] common and contract

28-12 motor carrier , [and every] private motor carrier, limousine motor carrier,

28-13 operator of a tow car or carrier of household goods within such time and

28-14 in such amounts as the department may designate, to file with the

28-15 department in a form required and approved by the department a liability

28-16 insurance policy, or a certificate of insurance in lieu thereof, a bond of a

28-17 surety company, or other surety, in such reasonable sum as the department

28-18 may deem necessary to protect adequately the interests of the public. In

28-19 determining the amount of liability insurance or other surety required of a

28-20 carrier or operator pursuant to this subsection, the department shall create a

28-21 separate category for vehicles with a manufacturer’s gross vehicle weight

28-22 rating of less than 26,000 pounds and impose a lesser requirement with

28-23 respect to such vehicles.

28-24 [3.] 2. The liability insurance policy or certificate, policy or bond of a

28-25 surety company or other surety must bind the obligors thereunder to pay the

28-26 compensation for injuries to persons or for loss or damage to property

28-27 resulting from the negligent operation of the carrier [.

28-28 4. The authority and the] or operator.

28-29 3. The department may [jointly] prescribe by regulation the

28-30 [respective] amounts and forms required by [subsections 1 and 2.]

28-31 subsection 1.

28-32 Sec. 65. NRS 706.296 is hereby amended to read as follows:

28-33 706.296 Every common and contract motor carrier [who] or carrier of

28-34 household goods which engages in transportation intrastate and the

28-35 collection of the purchase price of goods sold by the shipper to the

28-36 consignee shall provide a bond, to be filed with the [authority,]

28-37 department, for the benefit of the shipper in an amount which the

28-38 [authority] department deems reasonably sufficient as an aggregate but not

28-39 to exceed $1,000, to insure the shipper against any loss of the [moneys]

28-40 money so collected by the carrier through misappropriation, negligence or

28-41 other defalcations.

29-1 Sec. 66. NRS 706.303 is hereby amended to read as follows:

29-2 706.303 The [authority] department shall adopt regulations requiring

29-3 all operators of horse-drawn vehicles [subject to its regulation and

29-4 supervision] to maintain a contract of insurance against liability for injury

29-5 to persons and damage to property for each such vehicle. The amounts of

29-6 coverage required by the regulations:

29-7 1. Must not exceed a total of:

29-8 (a) For bodily injury to or the death of one person in any one accident,

29-9 $250,000;

29-10 (b) Subject to the limitations of paragraph (a), for bodily injury to or

29-11 death of two or more persons in any one accident, $500,000; and

29-12 (c) For injury to or destruction of property in any one accident, $50,000;

29-13 or

29-14 2. Must not exceed a combined single-limit for bodily injury to one or

29-15 more persons and for injury to or destruction of property in any one

29-16 accident, $500,000.

29-17 Sec. 67. NRS 706.305 is hereby amended to read as follows:

29-18 706.305 The [authority] department shall adopt regulations requiring

29-19 all operators of taxicabs subject to [its] the regulation and supervision of a

29-20 taxicab authority to maintain a contract of insurance against liability for

29-21 injury to persons and damage to property for each taxicab. The amounts of

29-22 coverage required by the regulations:

29-23 1. Must not exceed a total of:

29-24 (a) For bodily injury to or the death of one person in any one accident,

29-25 $250,000;

29-26 (b) Subject to the limitations of paragraph (a), for bodily injury to or

29-27 death of two or more persons in any one accident, $500,000; and

29-28 (c) For injury to or destruction of property in any one accident, $50,000;

29-29 or

29-30 2. Must not exceed a combined single-limit for bodily injury to one or

29-31 more persons and for injury to or destruction of property in any one

29-32 accident, $500,000.

29-33 Sec. 68. NRS 706.3052 is hereby amended to read as follows:

29-34 706.3052 1. Except as otherwise provided in subsection 2, an

29-35 operator of a taxicab may operate under a program of self-insurance in

29-36 compliance with the provisions of NRS 706.3054 or 706.3056 in lieu of the

29-37 insurance against liability required by the regulations adopted pursuant to

29-38 NRS 706.305.

29-39 2. An operator of a taxicab shall not operate under a program of self-

29-40 insurance if any judgment recovered against him has not been paid in full.

29-41 3. An operator of a taxicab to whom the department has issued a

29-42 certificate of self-insurance may self-insure the first $50,000, combined

30-1 single-limit, per accident, of the coverage required by the regulations

30-2 adopted pursuant to NRS 706.305.

30-3 Sec. 69. NRS 706.311 is hereby amended to read as follows:

30-4 706.311 1. Except as otherwise provided in subsection 2, every

30-5 [common and contract motor] carrier of household goods is required to

30-6 furnish reasonably adequate service and facilities, and all transportation

30-7 charges made by any such carrier must be just and reasonable.

30-8 2. Every operator of a tow car is required to furnish reasonably

30-9 adequate service and facilities, and all charges assessed for towing services

30-10 performed without the prior consent of the owner of the vehicle or the

30-11 person authorized by the owner to operate the vehicle must be just and

30-12 reasonable.

30-13 3. Every unjust and unreasonable charge for such service by any such

30-14 carrier or operator of a tow car is prohibited and shall be deemed to be

30-15 unlawful.

30-16 Sec. 70. NRS 706.321 is hereby amended to read as follows:

30-17 706.321 1. [Except as otherwise provided in subsection 2, every

30-18 common or contract motor carrier] Every carrier of household goods shall

30-19 file with the transportation services authority:

30-20 (a) Within a time to be fixed by the transportation services authority,

30-21 schedules and tariffs that must:

30-22 (1) Be open to public inspection; and

30-23 (2) Include all rates [, fares] and charges which the carrier has

30-24 established and which are in force at the time of filing for any service

30-25 performed in connection therewith by any carrier controlled and operated

30-26 by it.

30-27 (b) As a part of that schedule, all regulations of the carrier that in any

30-28 manner affect the rates [or fares] charged or to be charged for any service

30-29 and all regulations of the carrier that the carrier has adopted to comply with

30-30 the provisions of NRS 706.011 to 706.791, inclusive [.] , and section 11 of

30-31 this act.

30-32 2. Every operator of a tow car shall file with the transportation

30-33 services authority:

30-34 (a) Within a time to be fixed by the transportation services authority,

30-35 schedules and tariffs that must:

30-36 (1) Be open to public inspection; and

30-37 (2) Include all rates and charges for towing services performed

30-38 without the prior consent of the owner of the vehicle or the person

30-39 authorized by the owner to operate the vehicle which the operator has

30-40 established and which are in force at the time of filing.

30-41 (b) As a part of that schedule, all regulations of the operator of the tow

30-42 car which in any manner affect the rates charged or to be charged for

30-43 towing services performed without the prior consent of the owner of the

31-1 vehicle or the person authorized by the owner to operate the vehicle and all

31-2 regulations of the operator of the tow car that the operator has adopted to

31-3 comply with the provisions of NRS [706.011] 706.151 to 706.791,

31-4 inclusive [.] , and section 11 of this act.

31-5 3. No changes may be made [in any schedule, including schedules of

31-6 joint rates, or] in the regulations affecting any rates or charges, except upon

31-7 [30] 60 days’ notice to the transportation services authority . [, and all

31-8 those changes must be plainly indicated on any new schedules filed in lieu

31-9 thereof 30 days before the time they are to take effect.] The transportation

31-10 services authority, upon application of any [carrier,] operator of a tow car

31-11 or carrier of household goods, may prescribe a shorter time within which

31-12 changes may be made. The [30] 60 days’ notice is not applicable when the

31-13 operator of a tow car or carrier of household goods gives written notice to

31-14 the transportation services authority 10 days before the effective date of its

31-15 participation in a tariff bureau’s rates and tariffs, provided the rates and

31-16 tariffs have been previously filed with and approved by the transportation

31-17 services authority.

31-18 [4.] 3. The transportation services authority may at any time, upon its

31-19 own motion, investigate any of the rates, fares, charges, regulations,

31-20 practices and services filed pursuant to this section and, after hearing, by

31-21 order, make such changes as may be just and reasonable.

31-22 [5.] 4. The transportation services authority may dispense with the

31-23 hearing on any change requested in rates, fares, charges, regulations,

31-24 practices or service filed pursuant to this section.

31-25 [6.] 5. All rates, fares, charges, classifications and joint rates,

31-26 regulations, practices and services fixed by the transportation services

31-27 authority are in force, and are prima facie lawful, from the date of the order

31-28 until changed or modified by the transportation services authority, or

31-29 pursuant to NRS 706.2883.

31-30 [7. All regulations, practices and service prescribed by the authority

31-31 must be enforced and are prima facie reasonable unless suspended or found

31-32 otherwise in an action brought for the purpose, or until changed or

31-33 modified by the authority itself upon satisfactory showing made.]

31-34 Sec. 71. NRS 706.323 is hereby amended to read as follows:

31-35 706.323 1. Except as otherwise provided in subsection 2, the

31-36 transportation services authority may not investigate, suspend, revise or

31-37 revoke any rate that is subject to the approval of the transportation services

31-38 authority pursuant to NRS 706.321 and proposed by [a common motor

31-39 carrier or contract motor carrier] an operator of a tow car or a carrier of

31-40 household goods because the rate is too high or too low and therefore

31-41 unreasonable if:

31-42 (a) The [motor carrier] operator of a tow car or carrier of household

31-43 goods notifies the transportation services authority that it wishes to have

32-1 the rate reviewed by the transportation services authority pursuant to this

32-2 subsection; and

32-3 (b) The rate resulting from all increases or decreases within 1 year is not

32-4 more than 10 percent above or 10 percent below the rate in effect 1 year

32-5 before the effective date of the proposed rate.

32-6 2. This section does not limit the authority of the transportation

32-7 services authority to investigate, suspend, revise or revoke a proposed rate

32-8 if the rate would violate the provisions of NRS 706.151.

32-9 Sec. 72. NRS 706.326 is hereby amended to read as follows:

32-10 706.326 1. Whenever there is filed with the transportation services

32-11 authority pursuant to NRS 706.321 any schedule or tariff stating a new or

32-12 revised individual or joint rate, fare or charge, or any new or revised

32-13 individual or joint regulation or practice affecting any rate, fare or charge,

32-14 or any schedule or tariff resulting in a discontinuance, modification or

32-15 restriction of service, the transportation services authority may commence

32-16 an investigation or, upon reasonable notice, hold a hearing concerning the

32-17 propriety of the rate, fare, charge, classification, regulation, discontinuance,

32-18 modification, restriction or practice.

32-19 2. Pending the investigation or hearing and the decision thereon, the

32-20 transportation services authority, upon delivering to the [common or

32-21 contract motor carrier] operator of a tow car or carrier of household

32-22 goods affected thereby a statement in writing of its reasons for the

32-23 suspension, may suspend the operation of the schedule or tariff and defer

32-24 the use of the rate, fare, charge, classification, regulation, discontinuance,

32-25 modification, restriction or practice, but not for a longer period than 150

32-26 days beyond the [time] date when the rate, fare, charge, classification,

32-27 regulation, discontinuance, modification, restriction or practice would

32-28 otherwise go into effect.

32-29 3. After full investigation or hearing, whether completed before or after

32-30 the date upon which the rate, fare, charge, classification, regulation,

32-31 discontinuance, modification, restriction or practice is to go into effect, the

32-32 transportation services authority may make such order in reference to the

32-33 rate, fare, charge, classification, regulation, discontinuance, modification,

32-34 restriction or practice as would be proper in a proceeding initiated after the

32-35 rate, fare, charge, classification, regulation, discontinuance, modification,

32-36 restriction or practice has become effective.

32-37 4. The transportation services authority shall determine whether it is

32-38 necessary to hold a hearing to consider the proposed change in any

32-39 schedule stating a new or revised individual or joint rate, fare or charge. In

32-40 making that determination, the transportation services authority shall

32-41 consider all timely written protests, any presentation the staff of the

32-42 transportation services authority may desire to present, the application and

32-43 any other matters deemed relevant by the transportation services authority.

33-1 Sec. 73. NRS 706.331 is hereby amended to read as follows:

33-2 706.331 1. If, after due investigation and hearing, any authorized

33-3 rates, tolls, fares, charges, schedules, tariffs, joint rates or any regulation [,

33-4 measurement, practice, act or service] that is subject to the approval of the

33-5 transportation services authority is complained of and is found to be

33-6 unjust, unreasonable, insufficient, preferential, unjustly discriminatory or

33-7 otherwise in violation of the provisions of this chapter, or if it is found that

33-8 the service is inadequate, or that any reasonable service cannot be obtained,

33-9 the transportation services authority may substitute therefor such other

33-10 rates, tolls, fares, charges, tariffs, schedules or regulations, [measurements,

33-11 practices, service or acts] and make an order relating thereto as may be just

33-12 and reasonable.

33-13 2. When complaint is made of more than one matter, the

33-14 transportation services authority may order separate hearings upon the

33-15 several matters complained of at such times and places as it may prescribe.

33-16 3. No complaint may at any time be dismissed because of the absence

33-17 of direct damage to the complainant.

33-18 4. The transportation services authority may at any time, upon its own

33-19 motion, investigate any of the matters listed in subsection 1, and, after a full

33-20 hearing, by order, make such changes as may be just and reasonable, the

33-21 same as if a formal complaint had been made.

33-22 Sec. 74. NRS 706.341 is hereby amended to read as follows:

33-23 706.341 1. An operator of a tow car shall, in the manner prescribed

33-24 by the transportation services authority, notify the transportation services

33-25 authority if the operator discontinues providing towing services from an

33-26 operating terminal or establishes a new operating terminal from which a

33-27 tow car provides towing services within 30 days after the operator

33-28 discontinues providing towing services from an operating terminal or

33-29 commences operations at the new terminal.

33-30 2. A [common motor carrier, other than an operator of a tow car,]

33-31 carrier of household goods authorized to operate by NRS 706.011 to

33-32 706.791, inclusive, and section 11 of this act shall not discontinue any

33-33 service established pursuant to the provisions of NRS 706.011 to 706.791,

33-34 inclusive, and section 11 of this act and all other laws relating thereto and

33-35 made applicable thereto by NRS 706.011 to 706.791, inclusive, and

33-36 section 11 of this act without an order of the transportation services

33-37 authority granted only after public notice or hearing in the event of protest.

33-38 Sec. 75. NRS 706.346 is hereby amended to read as follows:

33-39 706.346 1. Except as otherwise provided in subsection 3, a copy, or

33-40 so much of the schedule or tariff as the transportation services authority

33-41 determines necessary for the use of the public, must be printed in plain type

33-42 and posted [in every office of a common motor carrier where payments are

33-43 made by customers or users,] by each operator of a tow car and carrier of

34-1 household goods in such places as the transportation services authority

34-2 may require which are open to the public [, in such form and place] so as

34-3 to be readily accessible to the public and conveniently inspected.

34-4 2. Except as otherwise provided in subsection 3, [when] if a schedule

34-5 or tariff of joint rates or charges is or may be in force between two or more

34-6 [common motor carriers or between any such carrier and a public utility,]

34-7 operators of tow cars or two or more carriers of household goods, the

34-8 schedule or tariff must be printed and posted in the manner prescribed in

34-9 subsection 1.

34-10 3. Only the rates for towing services performed without the prior

34-11 consent of the owner of the vehicle or the person authorized by the owner

34-12 to operate the vehicle must be printed and posted by an operator of a tow

34-13 car pursuant to subsections 1 and 2.

34-14 Sec. 76. NRS 706.351 is hereby amended to read as follows:

34-15 706.351 1. It is unlawful for:

34-16 (a) A [fully regulated] taxicab motor carrier or limousine motor carrier

34-17 to furnish any pass, frank, free or reduced rates for transportation to any

34-18 state, city, district, county or municipal officer of this state or to any person

34-19 other than those specifically enumerated in this section.

34-20 (b) Any person other than those specifically enumerated in this section

34-21 to receive any pass, frank, free or reduced rates for transportation.

34-22 2. This section does not prevent the carriage, storage or hauling free or

34-23 at reduced rates of passengers or property for charitable organizations or

34-24 purposes for the United States, the State of Nevada or any political

34-25 subdivision thereof.

34-26 3. This chapter does not prohibit a fully regulated common carrier from

34-27 giving free or reduced rates for transportation of persons to:

34-28 (a) Its own officers, commission agents or employees, or members of

34-29 any profession licensed under Title 54 of NRS retained by it, and members

34-30 of their families.

34-31 (b) Inmates of hospitals or charitable institutions and persons over 60

34-32 years of age.

34-33 (c) Persons who are physically handicapped or mentally handicapped

34-34 and who present a written statement from a physician to that effect.

34-35 (d) Persons injured in accidents or wrecks and physicians and nurses

34-36 attending such persons.

34-37 (e) Persons providing relief in cases of common disaster.

34-38 (f) Attendants of livestock or other property requiring the care of an

34-39 attendant, who must be given return passage to the place of shipment, if

34-40 there is no discrimination among shippers of a similar class.

34-41 (g) Officers, agents, employees or members of any profession licensed

34-42 under Title 54 of NRS, together with members of their families, who are

35-1 employed by or affiliated with other common carriers, if there is an

35-2 interchange of free or reduced rates for transportation.

35-3 (h) Indigent, destitute or homeless persons when under the care or

35-4 responsibility of charitable societies, institutions or hospitals, together with

35-5 the necessary agents employed in such transportation.

35-6 (i) Students of institutions of learning, including, without limitation,

35-7 homeless students, whether the free or reduced rate is given directly to a

35-8 student or to the board of trustees of a school district on behalf of a student.

35-9 (j) Groups of persons participating in a tour for a purpose other than

35-10 transportation.

35-11 4. This section does not prohibit [common motor] carriers of

35-12 household goods from giving free or reduced rates for the transportation of

35-13 property of:

35-14 (a) Their officers, commission agents or employees, or members of any

35-15 profession licensed under Title 54 of NRS retained by them, or pensioned

35-16 or disabled former employees, together with that of their dependents.

35-17 (b) Witnesses attending any legal investigations in which such carriers

35-18 are interested.

35-19 (c) Persons providing relief in cases of common disaster.

35-20 (d) Charitable organizations providing food and items for personal

35-21 hygiene to needy persons or to other charitable organizations within this

35-22 state.

35-23 5. [This section does not prohibit the authority from establishing

35-24 reduced rates, fares or charges for specified routes or schedules of any

35-25 common motor carrier providing transit service if the reduced rates, fares

35-26 or charges are determined by the authority to be in the public interest.

35-27 6. Only fully regulated common carriers may provide free or reduced

35-28 rates for the transportation of passengers or household goods, pursuant to

35-29 the provisions of this section.

35-30 7.] As used in this section, "employees" includes:

35-31 (a) Furloughed, pensioned and superannuated employees.

35-32 (b) Persons who have become disabled or infirm in the service of [such

35-33 carriers.] a carrier of household goods, taxicab motor carrier or

35-34 limousine motor carrier.

35-35 (c) Persons who are traveling to enter the service of such a carrier.

35-36 Sec. 77. NRS 706.361 is hereby amended to read as follows:

35-37 706.361 1. A person with a disability is entitled to the full and equal

35-38 enjoyment of the services and facilities of any common motor carrier of

35-39 passengers, contract motor carrier of passengers , taxicab motor carrier,

35-40 limousine motor carrier or other entity providing a means of public

35-41 conveyance and transportation operating within this state.

35-42 2. A common motor carrier of passengers, a contract motor carrier of

35-43 passengers , a taxicab motor carrier, a limousine motor carrier and other

36-1 entities providing means of public conveyance and transportation shall

36-2 designate a person responsible for ensuring that the carrier complies with

36-3 the applicable provisions of the Americans with Disabilities Act of 1990,

36-4 42 U.S.C. §§ 12101 to 12213, inclusive, and 47 U.S.C. §§ 225 and 611,

36-5 and the regulations adopted pursuant to that act.

36-6 3. The person designated pursuant to subsection 2 shall conduct

36-7 training sessions for the employees of the carrier or entity. Each employee

36-8 must be provided at least 3 hours of training during one or more training

36-9 sessions. During the training sessions, the designee shall:

36-10 (a) Describe the carrier’s plan for compliance with the Americans with

36-11 Disabilities Act of 1990 and the regulations adopted pursuant to that act;

36-12 (b) Explain the obligations of the employees to assist a person with a

36-13 disability to store a mobility device;

36-14 (c) Explain the illegality of charging an additional fee or a higher fare to

36-15 a person with a disability; and

36-16 (d) Ensure that each employee is trained in accordance with the

36-17 requirements of 49 C.F.R. § 37.173.

36-18 4. It is unlawful for any person to deny any of the privileges granted by

36-19 subsection 1.

36-20 5. It is unlawful for any common motor carrier, contract motor carrier ,

36-21 taxicab motor carrier, limousine motor carrier or other entity providing a

36-22 means of public conveyance or transportation operating within this state, to:

36-23 (a) Deny the equal enjoyment of its services and facilities to a person

36-24 with a disability by the arbitrary, capricious or unreasonable interference,

36-25 direct or indirect, with the use of aids and appliances used by a person with

36-26 a disability;

36-27 (b) Fail to designate a person pursuant to subsection 2; or

36-28 (c) Fail to conduct the training sessions in the manner described in

36-29 subsection 3.

36-30 6. As used in this section, "disability" has the meaning ascribed to it in

36-31 49 C.F.R. § 37.3.

36-32 Sec. 78. NRS 706.366 is hereby amended to read as follows:

36-33 706.366 1. It is unlawful for a common motor carrier of passengers ,

36-34 taxicab motor carrier, limousine motor carrier or other means of public

36-35 conveyance or transportation operating in this state to:

36-36 (a) Refuse service to a visually, aurally or physically handicapped

36-37 person because he is accompanied by a guide dog, hearing dog, helping

36-38 dog or other service animal;

36-39 (b) Refuse service to a person who is training a guide dog, hearing dog,

36-40 helping dog or other service animal because he is accompanied by such an

36-41 animal; or

36-42 (c) Charge an additional fee for such an animal.

37-1 2. This section does not relieve a visually, aurally or physically

37-2 handicapped person or a person who trains a guide dog, hearing dog,

37-3 helping dog or other service animal from liability for damage which may be

37-4 caused by his animal.

37-5 3. Visually, aurally or physically handicapped persons accompanied by

37-6 guide dogs, hearing dogs, helping dogs or other service animals are subject

37-7 to the same conditions and limitations that apply to persons who are not so

37-8 handicapped and accompanied.

37-9 4. For the purposes of this section, the terms "guide dog," "hearing

37-10 dog," "helping dog" and "service animal" have the meanings ascribed to

37-11 them respectively in NRS 426.075, 426.081, 426.083 and 426.097.

37-12 Sec. 79. NRS 706.386 is hereby amended to read as follows:

37-13 706.386 It is unlawful, except as otherwise provided in NRS

37-14 [373.117,] 706.446, 706.453 and 706.745, for [any fully regulated common

37-15 motor carrier] a person to operate as [a carrier of intrastate commerce and

37-16 any] an operator of a tow car to perform towing services performed

37-17 without the prior consent of the owner of the vehicle or the person

37-18 authorized by the owner to operate the vehicle, or as a carrier of

37-19 household goods or a contract motor carrier with regard to the

37-20 transportation of household goods, within this state without first obtaining

37-21 a certificate of public convenience and necessity from the transportation

37-22 services authority.

37-23 Sec. 79.5. NRS 706.391 is hereby amended to read as follows:

37-24 706.391 1. Upon the filing of an application for a certificate of public

37-25 convenience and necessity to operate as a [motor carrier other than an

37-26 operator of a tow car,] carrier of household goods, the transportation

37-27 services authority shall fix a time and place for hearing thereon.

37-28 2. The transportation services authority shall issue such a certificate if

37-29 it finds that:

37-30 (a) The applicant is fit, willing and able to perform the services of a

37-31 [common motor carrier;] carrier of household goods;

37-32 (b) The proposed operation will be consistent with the legislative

37-33 policies set forth in NRS 706.151;

37-34 (c) The granting of the certificate will not unreasonably and adversely

37-35 affect other carriers of household goods operating in the territory for which

37-36 the certificate is sought; and

37-37 (d) The proposed service will benefit the traveling and shipping public

37-38 and the [motor carrier] business of carriers of household goods in this

37-39 state.

37-40 3. The transportation services authority shall not find that the potential

37-41 creation of competition in a territory which may be caused by the granting

37-42 of a certificate, by itself, will unreasonably and adversely affect other

38-1 carriers operating in the territory for the purposes of paragraph (c) of

38-2 subsection 2.

38-3 4. An applicant for such a certificate has the burden of proving to the

38-4 transportation services authority that the proposed operation will meet the

38-5 requirements of subsection 2.

38-6 5. The transportation services authority may issue a certificate of

38-7 public convenience and necessity to operate as a [common motor carrier,]

38-8 carrier of household goods, or issue it for:

38-9 (a) The exercise of the privilege sought.

38-10 (b) The partial exercise of the privilege sought.

38-11 6. The transportation services authority may attach to the certificate

38-12 such terms and conditions as, in its judgment, the public interest may

38-13 require.

38-14 7. The transportation services authority may dispense with the hearing

38-15 on the application if, upon the expiration of the time fixed in the notice

38-16 thereof, no petition to intervene has been filed on behalf of any person who

38-17 has filed a protest against the granting of the certificate.

38-18 Sec. 80. NRS 706.398 is hereby amended to read as follows:

38-19 706.398 The transportation services authority:

38-20 1. Shall revoke or suspend, pursuant to the provisions of this chapter,

38-21 the certificate of public convenience and necessity of [a common motor

38-22 carrier] an operator of a tow car or a carrier of household goods which

38-23 has failed to:

38-24 (a) File the annual report required by NRS 706.167 within 60 days after

38-25 the report is due; or

38-26 (b) Operate as [a carrier of intrastate commerce] an operator of a tow

38-27 car or carrier of household goods in this state under the terms and

38-28 conditions of its certificate,

38-29 unless the operator or carrier has obtained the prior permission of the

38-30 transportation services authority.

38-31 2. May revoke or suspend, pursuant to the provisions of NRS

38-32 706.2885, the certificate of public convenience and necessity of [a common

38-33 motor carrier] an operator of a tow car or a carrier of household goods

38-34 which has failed to comply with any provision of this chapter or any

38-35 regulation of the transportation services authority adopted pursuant

38-36 thereto.

38-37 Sec. 81. NRS 706.411 is hereby amended to read as follows:

38-38 706.411 Every order by the transportation services authority refusing

38-39 or granting any certificates of public convenience and necessity, or granting

38-40 or refusing permission to discontinue, modify or restrict service is prima

38-41 facie lawful from the date of the order until changed or modified by the

38-42 order of the transportation services authority pursuant to the provisions of

38-43 this chapter.

39-1 Sec. 81.1. NRS 706.421 is hereby amended to read as follows:

39-2 706.421 It is unlawful for any person to act as a contract motor carrier

39-3 [to act as such] with regard to the transportation of household goods

39-4 within this state in intrastate commerce without first having obtained a

39-5 permit therefor.

39-6 Sec. 81.3. NRS 706.426 is hereby amended to read as follows:

39-7 706.426 An application for a permit for a new operation as a contract

39-8 motor carrier [shall] with regard to the transportation of household goods

39-9 must be:

39-10 1. Made to the transportation services authority in writing.

39-11 2. In such form and be accompanied by such information as the

39-12 transportation services authority may require.

39-13 Sec. 81.5. NRS 706.431 is hereby amended to read as follows:

39-14 706.431 1. A permit may be issued to any applicant therefor,

39-15 authorizing in whole or in part the operation covered by the application, if

39-16 it appears from the application or from any hearing held thereon that:

39-17 (a) The applicant is fit, willing and able properly to perform the service

39-18 of a contract motor carrier and to conform to all provisions of NRS

39-19 706.011 to 706.791, inclusive, and section 11 of this act, and the

39-20 regulations adopted thereunder; and

39-21 (b) The proposed operation will be consistent with the public interest

39-22 and will not operate to defeat the legislative policy set forth in NRS

39-23 706.151.

39-24 2. An application must be denied if the provisions of subsection 1 are

39-25 not met.

39-26 3. The transportation services authority shall revoke or suspend

39-27 pursuant to the provisions of this chapter the permit of a contract motor

39-28 carrier who has failed to file the annual report required in NRS 706.167

39-29 within 60 days after the report is due.

39-30 4. The transportation services authority shall adopt regulations

39-31 providing for a procedure by which any contract entered into by a contract

39-32 motor carrier after he has been issued a permit pursuant to this section may

39-33 be approved by the transportation services authority without giving notice

39-34 required by statute or by a regulation of the transportation services

39-35 authority.

39-36 Sec. 81.7. NRS 706.442 is hereby amended to read as follows:

39-37 706.442 Any person engaging in the intrastate transportation or storage

39-38 of household goods shall comply with the following requirements:

39-39 1. Upon the request of a person seeking service, the carrier of

39-40 household goods shall provide the person with a written, binding estimate

39-41 of the cost of providing the requested service.

39-42 2. The charges assessed for the service rendered may not exceed the

39-43 amount in the written estimate, unless the customer requested services in

40-1 addition to those included in the written estimate and agreed to pay

40-2 additional charges.

40-3 3. If the person for whom service was provided pays any amount

40-4 consistent with the provisions of subsection 2, the provider of service shall

40-5 release immediately any household goods that were transported or stored to

40-6 that person.

40-7 4. If a person requesting service alleges that any household goods were

40-8 damaged or lost, the person that provided the service shall:

40-9 (a) Attempt to resolve the dispute; and

40-10 (b) Identify the carrier of his insurance and explain the procedures to file

40-11 a claim.

40-12 5. The provider of service shall advise all persons for whom service is

40-13 to be performed of their right to file a complaint with the transportation

40-14 services authority and provide the address and telephone number of the

40-15 nearest business office of the transportation services authority.

40-16 6. Any other terms and conditions which the transportation services

40-17 authority may by regulation prescribe to protect the public.

40-18 Sec. 81.9. NRS 706.443 is hereby amended to read as follows:

40-19 706.443 1. The provisions of NRS 706.442 apply whether or not the

40-20 person providing the service has received authority to operate from the

40-21 transportation services authority.

40-22 2. The transportation services authority shall enforce the provisions of

40-23 NRS 706.442 and consider complaints regarding violations of the

40-24 provisions of that section pursuant to the provisions of this chapter. In

40-25 addition to any other remedies, the transportation services authority may

40-26 order the release of any household goods that are being held by the

40-27 provider of service subject to the terms and conditions that the

40-28 transportation services authority determines to be appropriate and may

40-29 order the refund of overcharges.

40-30 3. The transportation services authority may use the remedies

40-31 provided in NRS 706.457, 706.461, 706.756, 706.761, 706.771 and

40-32 706.779 and any other remedy available under other law.

40-33 4. The transportation services authority shall adopt regulations

40-34 regarding the administration and enforcement of this section and NRS

40-35 706.442.

40-36 Sec. 82. NRS 706.445 is hereby amended to read as follows:

40-37 706.445 The transportation services authority may not regulate the:

40-38 1. Geographical area in which towing services performed without the

40-39 prior consent of the owner of the vehicle or the person authorized by the

40-40 owner to operate the vehicle are provided;

40-41 2. Types of towing services performed without the prior consent of

40-42 the owner of the vehicle or the person authorized by the owner to operate

40-43 the vehicle that are provided; or

41-1 3. Rates and charges assessed or the terms and conditions imposed for

41-2 towing services performed with the prior consent of the owner of the

41-3 vehicle or the person authorized by the owner to operate the vehicle,

41-4 by an operator of a tow car.

41-5 Sec. 83. NRS 706.446 is hereby amended to read as follows:

41-6 706.446 The provisions of this chapter do not require an operator of a

41-7 tow car who provides towing for a licensed motor club regulated pursuant

41-8 to chapter 696A of NRS to obtain a certificate of public convenience and

41-9 necessity or to comply with the regulations or rates adopted by the

41-10 transportation services authority to provide that towing.

41-11 Sec. 84. NRS 706.4463 is hereby amended to read as follows:

41-12 706.4463 1. In addition to the other requirements of this chapter,

41-13 each operator of a tow car shall, to protect the health, safety and welfare of

41-14 the public:

41-15 (a) Obtain a certificate of public convenience and necessity from the

41-16 transportation services authority before he provides any services other than

41-17 those services which he provides as a private motor carrier of property

41-18 pursuant to the provisions of this chapter;

41-19 (b) Use a tow car of sufficient size and weight which is appropriately

41-20 equipped to transport safely the vehicle which is being towed; and

41-21 (c) Comply with the provisions of NRS [706.011] 706.151 to 706.791,

41-22 inclusive [.] , and section 11 of this act.

41-23 2. A person who wishes to obtain a certificate of public convenience

41-24 and necessity to operate a tow car must file an application with the

41-25 transportation services authority.

41-26 3. The transportation services authority shall issue a certificate of

41-27 public convenience and necessity to an operator of a tow car if it

41-28 determines that the applicant:

41-29 (a) Complies with the requirements of paragraphs (b) and (c) of

41-30 subsection 1;

41-31 (b) Complies with the requirements of the regulations adopted by the

41-32 transportation services authority pursuant to the provisions of this chapter;

41-33 (c) Has provided evidence that he has filed with the [authority]

41-34 department a liability insurance policy, a certificate of insurance or a bond

41-35 of a surety and bonding company or other surety required for every

41-36 operator of a tow car pursuant to the provisions of NRS 706.291; and

41-37 (d) Has provided evidence that he has filed with the transportation

41-38 services authority schedules and tariffs pursuant to [subsection 2 of] NRS

41-39 706.321.

41-40 4. An applicant for a certificate has the burden of proving to the

41-41 transportation services authority that the proposed operation will meet the

41-42 requirements of subsection 3.

42-1 5. The transportation services authority may hold a hearing to

42-2 determine whether an applicant is entitled to a certificate only if:

42-3 (a) Upon the expiration of the time fixed in the notice that an application

42-4 for a certificate of public convenience and necessity is pending, a petition

42-5 to intervene has been granted by the transportation services authority; or

42-6 (b) The transportation services authority finds that after reviewing the

42-7 information provided by the applicant and inspecting the operations of the

42-8 applicant, it cannot make a determination as to whether the applicant has

42-9 complied with the requirements of subsection 3.

42-10 Sec. 85. NRS 706.4464 is hereby amended to read as follows:

42-11 706.4464 1. An operator of a tow car who is issued a certificate of

42-12 public convenience and necessity may transfer it to another operator of a

42-13 tow car qualified pursuant to the provisions of NRS [706.011] 706.151 to

42-14 706.791, inclusive, and section 11 of this act, but no such transfer is valid

42-15 for any purpose until a joint application to make the transfer is made to the

42-16 transportation services authority by the transferor and the transferee, and

42-17 the transportation services authority has authorized the substitution of the

42-18 transferee for the transferor. No transfer of stock of a corporate operator of

42-19 a tow car subject to the jurisdiction of the transportation services authority

42-20 is valid without the prior approval of the transportation services authority

42-21 if the effect of the transfer would be to change the corporate control of the

42-22 operator of a tow car or if a transfer of 15 percent or more of the common

42-23 stock of the operator of a tow car is proposed.

42-24 2. The transportation services authority shall approve an application

42-25 filed with it pursuant to subsection 1 if it determines that the transferee:

42-26 (a) Complies with the provisions of NRS [706.011] 706.151 to 706.791,

42-27 inclusive, and section 11 of this act, and the regulations adopted by the

42-28 transportation services authority pursuant to those provisions;

42-29 (b) Uses equipment that is in compliance with the regulations adopted

42-30 by the transportation services authority;

42-31 (c) Has provided evidence that he has filed with the [authority]

42-32 department a liability insurance policy, a certificate of insurance or a bond

42-33 of a surety and bonding company or other surety required for every

42-34 operator of a tow car pursuant to the provisions of NRS 706.291; and

42-35 (d) Has provided evidence that he has filed with the transportation

42-36 services authority schedules and tariffs pursuant to NRS 706.321 which

42-37 contain rates and charges and the terms and conditions that the operator of

42-38 the tow car requires to perform towing services without the prior consent of

42-39 the owner of the vehicle or the person authorized by the owner to operate

42-40 the vehicle which do not exceed the rates and charges that the transferor

42-41 was authorized to assess for the same services.

42-42 3. The transportation services authority may hold a hearing

42-43 concerning an application submitted pursuant to this section only if:

43-1 (a) Upon the expiration of the time fixed in the notice that an application

43-2 for transfer of a certificate of public convenience and necessity is pending,

43-3 a petition to intervene has been granted by the transportation services

43-4 authority; or

43-5 (b) The transportation services authority finds that after reviewing the

43-6 information provided by the applicant and inspecting the operations of the

43-7 applicant, it cannot make a determination as to whether the applicant has

43-8 complied with the requirements of subsection 2.

43-9 4. The transportation services authority shall not hold a hearing on an

43-10 application submitted pursuant to this section if the application is made to

43-11 transfer the certificate of public convenience and necessity from a natural

43-12 person or partners to a corporation whose controlling stockholders will be

43-13 substantially the same person or partners.

43-14 5. The approval by the transportation services authority of an

43-15 application for transfer of a certificate of public convenience and necessity

43-16 of an operator of a tow car is not valid after the expiration of the term for

43-17 the transferred certificate.

43-18 Sec. 86. NRS 706.4468 is hereby amended to read as follows:

43-19 706.4468 1. Each operator of a tow car shall file its charges for

43-20 preparing or satisfying a lien to which the operator is entitled against a

43-21 vehicle that was towed without the prior consent of the owner of the vehicle

43-22 or the person authorized by the owner to operate the vehicle. The

43-23 transportation services authority may investigate any charge filed pursuant

43-24 to this subsection and revise the charge as necessary to ensure that the

43-25 charge is reasonable.

43-26 2. An operator of a tow car may not impose a charge or any part of a

43-27 charge filed pursuant to subsection 1 unless the operator:

43-28 (a) Has initiated the procedure by which a person may satisfy a lien; and

43-29 (b) Stores the vehicle for at least 96 hours.

43-30 3. If an operator of a tow car stores a vehicle that was towed without

43-31 the prior consent of the owner of the vehicle or the person authorized by the

43-32 owner to operate the vehicle for at least 96 hours but not more than 336

43-33 hours, the operator may charge an amount not to exceed 50 percent of the

43-34 charge approved by the transportation services authority pursuant to

43-35 subsection 1 for preparing or satisfying a lien.

43-36 4. If an operator of a tow car stores a vehicle that was towed without

43-37 the prior consent of the owner of the vehicle or the person authorized by the

43-38 owner to operate the vehicle for more than 336 hours, the operator may

43-39 charge an amount not to exceed 50 percent of the charge approved by the

43-40 transportation services authority pursuant to subsection 1 for preparing or

43-41 satisfying a lien in addition to the amount charged pursuant to subsection 3.

44-1 Sec. 87. NRS 706.4473 is hereby amended to read as follows:

44-2 706.4473 The operator shall inform each owner, or agent of the owner,

44-3 of a towed motor vehicle that the owner or agent may file a complaint with

44-4 the transportation services authority regarding any violation of the

44-5 provisions of this chapter.

44-6 Sec. 88. NRS 706.4483 is hereby amended to read as follows:

44-7 706.4483 1. The transportation services authority shall act upon

44-8 complaints regarding the failure of an operator of a tow car to comply with

44-9 the provisions of NRS [706.011] 706.151 to 706.791, inclusive [.] , and

44-10 section 11 of this act.

44-11 2. In addition to any other remedies that may be available to the

44-12 transportation services authority to act upon complaints, the

44-13 transportation services authority may order the release of towed motor

44-14 vehicles, cargo or personal property upon such terms and conditions as the

44-15 transportation services authority determines to be appropriate.

44-16 Sec. 89. NRS 706.4485 is hereby amended to read as follows:

44-17 706.4485 1. A law enforcement agency that maintains and uses a list

44-18 of operators of tow cars which are called by that agency to provide towing

44-19 shall not include an operator of a tow car on the list unless he:

44-20 (a) Holds a certificate of public convenience and necessity issued by the

44-21 transportation services authority.

44-22 (b) Complies with all applicable provisions of this chapter and chapters

44-23 482 and 484 of NRS.

44-24 (c) Agrees to respond in a timely manner to requests for towing made by

44-25 the agency.

44-26 (d) Maintains adequate, accessible and secure storage within the State of

44-27 Nevada for any vehicle that is towed.

44-28 (e) Complies with all standards the law enforcement agency may adopt

44-29 to protect the health, safety and welfare of the public.

44-30 (f) Assesses only rates and charges that have been approved by the

44-31 transportation services authority for towing services performed without the

44-32 prior consent of the owner of the vehicle or the person authorized by the

44-33 owner to operate the vehicle.

44-34 2. The transportation services authority shall not require that an

44-35 operator of a tow car charge the same rate to law enforcement agencies for

44-36 towing services performed without the prior consent of the owner of the

44-37 vehicle or the person authorized by the owner to operate the vehicle that the

44-38 operator charges to other persons for such services.

44-39 3. Except as otherwise provided in this subsection, if an operator of a

44-40 tow car is included on a list of operators of tow cars that is maintained and

44-41 used by the Nevada highway patrol pursuant to this section, the Nevada

44-42 highway patrol shall not remove the operator of the tow car from the list, or

44-43 restrict his use pursuant thereto, solely on the ground that the operator is

45-1 insured under the same policy of insurance as one other operator of a tow

45-2 car who is included on the list and operates in the same geographical area.

45-3 An operator of a tow car is not eligible for inclusion on the list if the

45-4 operator is insured under the same policy of insurance as two or more other

45-5 operators of tow cars who are included on the list and operate in the same

45-6 geographical area.

45-7 Sec. 90. NRS 706.449 is hereby amended to read as follows:

45-8 706.449 The transportation services authority may impose an

45-9 administrative fine pursuant to subsection 2 of NRS 706.771 on the owner

45-10 or operator of a tow car who fails to pay in a timely manner any charge

45-11 required to be paid by subsection 2 of NRS 484.631.

45-12 Sec. 91. NRS 706.451 is hereby amended to read as follows:

45-13 706.451 1. Each owner or operator of a tow car subject to the

45-14 jurisdiction of the transportation services authority shall, before

45-15 commencing to operate or continuing operation after July 1, 1971, and

45-16 annually thereafter, pay to the transportation services authority for each

45-17 tow car operated, a fee of not more than [$36.] $75.

45-18 2. The fee provided in this section must be paid on or before January 1

45-19 of each year.

45-20 3. The initial fee must be reduced one-twelfth for each month which

45-21 has elapsed since the beginning of the calendar year before July 1, 1971,

45-22 for those tow cars lawfully operating on that date or before the

45-23 commencement of operation of each tow car commencing operation after

45-24 July 1, 1971.

45-25 4. Any person who fails to pay any fee on or before the date provided

45-26 in this section shall pay a penalty of 10 percent of the amount of the fee

45-27 plus interest on the amount of the fee at the rate of 1 percent per month or

45-28 fraction of a month from the date the fee is due until the date of payment.

45-29 Sec. 92. NRS 706.457 is hereby amended to read as follows:

45-30 706.457 The transportation services authority may by supoena
45-31 require any person believed by it to be subject to any of the provisions of

45-32 NRS [706.011] 706.151 to 706.791, inclusive, and section 11 of this act,

45-33 who has not obtained a required certificate of public convenience and

45-34 necessity or a required permit issued in accordance with those sections, to

45-35 appear before it with all [of] his relevant books, papers and records and to

45-36 testify concerning the scope, nature and conduct of his business.

45-37 Sec. 93. NRS 706.458 is hereby amended to read as follows:

45-38 706.458 1. The district court in and for the county in which any

45-39 investigation or hearing is being conducted by the transportation services

45-40 authority pursuant to the provisions of this chapter may compel the

45-41 attendance of witnesses, the giving of testimony and the production of

45-42 books and papers as required by any subpoena issued by the transportation

45-43 services authority.

46-1 2. If any witness refuses to attend or testify or produce any papers

46-2 required by such subpoena the transportation services authority may report

46-3 to the district court in and for the county in which the investigation or

46-4 hearing is pending by petition, setting forth:

46-5 (a) That due notice has been given of the time and place of attendance of

46-6 the witness or the production of the books and papers;

46-7 (b) That the witness has been subpoenaed in the manner prescribed in

46-8 this chapter; and

46-9 (c) That the witness has failed and refused to attend or produce the

46-10 papers required by subpoena in the investigation or hearing named in the

46-11 subpoena, or has refused to answer questions propounded to him in the

46-12 course of such investigation or hearing,

46-13 and asking an order of the court compelling the witness to attend and testify

46-14 or produce the books or papers.

46-15 3. The court, upon petition of the transportation services authority,

46-16 shall enter an order directing the witness to appear before the court at a

46-17 time and place to be fixed by the court in such order, the time to be not

46-18 more than 10 days [from] after the date of the order, and then and there

46-19 show cause why he has not attended or testified or produced the books or

46-20 papers before the transportation services authority. A certified copy of the

46-21 order must be served upon the witness. If it appears to the court that the

46-22 subpoena was regularly issued, the court shall thereupon enter an order that

46-23 the witness appear at the time and place fixed in the order and testify or

46-24 produce the required books or papers, and upon failure to obey the order

46-25 the witness must be dealt with as for contempt of court.

46-26 Sec. 94. NRS 706.461 is hereby amended to read as follows:

46-27 706.461 When:

46-28 1. A complaint has been filed with the transportation services

46-29 authority alleging that any vehicle is being operated without a certificate of

46-30 public convenience and necessity or contract carrier’s permit as required by

46-31 NRS [706.011] 706.151 to 706.791, inclusive [;] , and section 11 of this

46-32 act; or

46-33 2. The transportation services authority has reason to believe that any:

46-34 (a) Person is advertising to provide:

46-35 (1) The services of a [fully regulated carrier in intrastate commerce;]

46-36 carrier of household goods or a contract motor carrier with regard to the

46-37 transportation of household goods; or

46-38 (2) Towing services [,] performed without the prior consent of the

46-39 owner of the vehicle or the person authorized by the owner to operate the

46-40 vehicle,

46-41 without including the number of his certificate of public convenience and

46-42 necessity or permit in each advertisement; or

47-1 (b) Provision of NRS [706.011] 706.151 to 706.791, inclusive, and

47-2 section 11 of this act, is being violated,

47-3 the transportation services authority shall investigate the operations or

47-4 advertising and may, after a hearing, order the owner or operator of the

47-5 vehicle or the person advertising to cease and desist from any operation or

47-6 advertising in violation of NRS [706.011] 706.151 to 706.791, inclusive [.]

47-7 , and section 11 of this act. The transportation services authority shall

47-8 enforce compliance with the order pursuant to the powers vested in the

47-9 transportation services authority by NRS [706.011] 706.151 to 706.791,

47-10 inclusive, and section 11 of this act, or by other law.

47-11 Sec. 95. NRS 706.473 is hereby amended to read as follows:

47-12 706.473 1. In a county whose population is less than 400,000, a

47-13 person who holds a certificate of public convenience and necessity which

47-14 was issued for the operation of a taxicab business subject to the

47-15 jurisdiction of a taxicab authority may, upon approval from the taxicab

47-16 authority, lease a taxicab to an independent contractor who does not hold a

47-17 certificate of public convenience and necessity. A person may lease only

47-18 one taxicab to each independent contractor with whom he enters into a

47-19 lease agreement. The taxicab may be used only in a manner authorized by

47-20 the lessor’s certificate of public convenience and necessity.

47-21 2. A person who enters into a lease agreement with an independent

47-22 contractor pursuant to this section shall submit a copy of the agreement to

47-23 the appropriate taxicab authority for its approval. The agreement is not

47-24 effective until approved by the taxicab authority.

47-25 3. A person who leases a taxicab to an independent contractor is jointly

47-26 and severally liable with the independent contractor for any violation of the

47-27 provisions of this chapter relating to the regulation of taxicabs or the

47-28 regulations adopted pursuant thereto, and shall ensure that the independent

47-29 contractor complies with such provisions and regulations.

47-30 4. The taxicab authority which has jurisdiction over a lease

47-31 agreement or [any of its employees] its administrator may intervene in a

47-32 civil action involving a lease agreement entered into pursuant to this

47-33 section.

47-34 Sec. 96. NRS 706.475 is hereby amended to read as follows:

47-35 706.475 1. [The] A taxicab authority shall adopt such regulations as

47-36 are necessary to:

47-37 (a) Carry out the provisions of NRS 706.473; and

47-38 (b) Ensure that the taxicab business remains safe, adequate and reliable.

47-39 2. Such regulations must include, without limitation:

47-40 (a) The minimum qualifications for an independent contractor;

47-41 (b) [Requirements related to liability insurance;

47-42 (c)] Minimum safety standards; and

48-1 [(d)] (c) The procedure for approving a lease agreement and the

48-2 provisions that must be included in a lease agreement concerning the

48-3 grounds for the revocation of such approval.

48-4 Sec. 96.5. NRS 706.476 is hereby amended to read as follows:

48-5 706.476 [Except as otherwise provided in section 1 of Assembly Bill

48-6 No. 677 of this session:]

48-7 1. A vehicle used as a [taxicab, limousine or other passenger vehicle in

48-8 passenger service] carrier of household goods must be impounded by the

48-9 transportation services authority if a certificate of public convenience and

48-10 necessity has not been issued authorizing its operation. A hearing must be

48-11 held by the transportation services authority no later than the conclusion of

48-12 the second normal business day after impoundment, weekends and holidays

48-13 excluded. As soon as practicable after impoundment, the transportation

48-14 services authority shall notify the registered owner of the vehicle:

48-15 (a) That the registered owner of the vehicle must post a bond in the

48-16 amount of $20,000 to ensure his presence at all proceedings held pursuant

48-17 to this section;

48-18 (b) Of the time set for the hearing; and

48-19 (c) Of his right to be represented by counsel during all phases of the

48-20 proceedings.

48-21 2. The transportation services authority shall hold the vehicle until the

48-22 registered owner of the vehicle appears and:

48-23 (a) Proves that he is the registered owner of the vehicle;

48-24 (b) Proves that he holds a valid certificate of public convenience and

48-25 necessity;

48-26 (c) Proves that the vehicle meets all required standards of the

48-27 transportation services authority; and

48-28 (d) Posts a bond in the amount of $20,000 with the transportation

48-29 services authority.

48-30 The transportation services authority shall return the vehicle to its

48-31 registered owner when the owner meets the requirements of this subsection

48-32 and pays all costs of impoundment.

48-33 3. If the registered owner is unable to meet the requirements of

48-34 paragraph (b) or (c) of subsection 2, the transportation services authority

48-35 may assess an administrative fine against the registered owner for each such

48-36 violation in the amount of $5,000. The maximum amount of the

48-37 administrative fine that may be assessed against a registered owner for a

48-38 single impoundment of his vehicle pursuant to this section is $10,000. The

48-39 transportation services authority shall return the vehicle after any

48-40 administrative fine imposed pursuant to this subsection and all costs of

48-41 impoundment have been paid.

49-1 Sec. 97. NRS 706.491 is hereby amended to read as follows:

49-2 706.491 Every person operating as a common, contract or private

49-3 motor carrier , a taxicab motor carrier, a limousine motor carrier, an

49-4 operator of a tow car or a carrier of household goods must, before

49-5 commencing operation in this state in any calendar year, secure from the

49-6 department a license and make payments therefor as provided in NRS

49-7 [706.011] 706.151 to 706.861, inclusive, and section 11 of this act, as

49-8 applicable.

49-9 Sec. 98. NRS 706.631 is hereby amended to read as follows:

49-10 706.631 The remedies of the state provided for in NRS [706.011]

49-11 706.151 to 706.861, inclusive, and section 11 of this act are cumulative,

49-12 and no action taken by the department or transportation services authority

49-13 may be construed to be an election on the part of the state or any of its

49-14 officers to pursue any remedy under NRS [706.011] 706.151 to 706.861,

49-15 inclusive, and section 11 of this act, to the exclusion of any other remedy

49-16 for which provision is made in NRS [706.011] 706.151 to 706.861,

49-17 inclusive [.] , and section 11 of this act.

49-18 Sec. 99. NRS 706.736 is hereby amended to read as follows:

49-19 706.736 1. Except as otherwise provided in subsection 2, the

49-20 provisions of NRS [706.011] 706.151 to 706.791, inclusive, and section 11

49-21 of this act do not apply to:

49-22 (a) The transportation by a contractor licensed by the state contractors’

49-23 board of his own equipment in his own vehicles from job to job.

49-24 (b) Any person engaged in transporting his own personal effects in his

49-25 own vehicle, but the provisions of this subsection do not apply to any

49-26 person engaged in transportation by vehicle of property sold or to be sold,

49-27 or used by him in the furtherance of any commercial enterprise other than

49-28 as provided in paragraph (d), or to the carriage of any property for

49-29 compensation.

49-30 (c) Special mobile equipment.

49-31 (d) The vehicle of any person, when that vehicle is being used in the

49-32 production of motion pictures, including films to be shown in theaters and

49-33 on television, industrial training and educational films, commercials for

49-34 television and video discs and tapes.

49-35 (e) A private motor carrier of property which is used for any convention,

49-36 show, exhibition, sporting event, carnival, circus or organized recreational

49-37 activity.

49-38 (f) A private motor carrier of property which is used to attend livestock

49-39 shows and sales.

49-40 2. Unless exempted by a specific state statute or a specific federal

49-41 statute, regulation or rule, any person referred to in subsection 1 is subject

49-42 to:

50-1 (a) The provisions of paragraph (d) of subsection 1 of NRS 706.171 or

50-2 subsection 2 of NRS 706.172, as appropriate, and NRS 706.235 to

50-3 706.256, inclusive, 706.281, 706.457 and 706.458.

50-4 (b) All rules and regulations adopted by reference pursuant to

50-5 [paragraph (b) of subsection 1 of NRS 706.171] NRS 706.151 to 706.791,

50-6 inclusive, and section 11 of this act, by the department or transportation

50-7 services authority, as appropriate, concerning the safety of drivers and

50-8 vehicles.

50-9 (c) All standards adopted by regulation pursuant to NRS 706.173.

50-10 3. The provisions of NRS 706.311 to 706.453, inclusive, [706.471,

50-11 706.473, 706.475 and 706.6411] which authorize the transportation

50-12 services authority to issue:

50-13 (a) Except as otherwise provided in paragraph (b), certificates of public

50-14 convenience and necessity and contract carriers’ permits and to regulate

50-15 rates, routes and services apply only to [fully regulated carriers.] carriers of

50-16 household goods, and contract motor carriers with regard to the

50-17 transportation of household goods.

50-18 (b) Certificates of public convenience and necessity to operators of tow

50-19 cars and to regulate rates for towing services performed without the prior

50-20 consent of the owner of the vehicle or the person authorized by the owner

50-21 to operate the vehicle apply to operators of tow cars.

50-22 4. Any person who operates pursuant to a claim of an exemption

50-23 provided by this section but who is found to be operating in a manner not

50-24 covered by any of those exemptions immediately becomes liable, in

50-25 addition to any other penalties provided in this chapter, for the fee

50-26 appropriate to his actual operation as prescribed in this chapter, computed

50-27 from the date when that operation began.

50-28 Sec. 100. NRS 706.745 is hereby amended to read as follows:

50-29 706.745 1. The provisions of NRS 706.386 and 706.421 do not apply

50-30 to ambulances or hearses.

50-31 2. [A] If a common motor carrier [that] enters into an agreement for

50-32 the purchase of its service by an incorporated city, county or regional

50-33 transportation commission [is not required to obtain a certificate of public

50-34 convenience and necessity] to operate a system of public transit consisting

50-35 of:

50-36 (a) Regular routes and fixed schedules;

50-37 (b) Nonemergency medical transportation of persons to facilitate their

50-38 use of a center as defined in NRS 435.170, if the transportation is available

50-39 upon request and without regard to regular routes or fixed schedules;

50-40 (c) Nonmedical transportation of disabled persons without regard to

50-41 regular routes or fixed schedules; or

51-1 (d) In a county whose population is less than 100,000 or an incorporated

51-2 city within such a county, nonmedical transportation of persons if the

51-3 transportation is available by reservation 1 day in advance of the

51-4 transportation and without regard to regular routes or fixed schedules , [.

51-5 3. Under any agreement for a system of public transit that provides for

51-6 the transportation of passengers that is described in subsection 2:

51-7 (a) The] the public entity shall , if it is able to do so, provide for any

51-8 required safety inspections . [; or

51-9 (b) If the public entity is unable to do so, the authority shall provide for

51-10 any required safety inspections.

51-11 4.] 3. In addition to the requirements of subsection [3,] 2, under an

51-12 agreement for a system of public transit that provides for the transportation

51-13 of passengers that is described in:

51-14 (a) Paragraph (a) of subsection 2, the public entity shall establish the

51-15 routes and fares.

51-16 (b) Paragraph (c) or (d) of subsection 2, the common motor carrier:

51-17 (1) May provide transportation to any passenger who can board a

51-18 vehicle with minimal assistance from the operator of the vehicle.

51-19 (2) Shall not offer medical assistance as part of its transportation

51-20 service.

51-21 [5.] 4. A nonprofit carrier of elderly or disabled persons is not

51-22 required to obtain a certificate of public convenience and necessity to

51-23 operate as a [common] taxicab motor carrier or limousine motor carrier of

51-24 such passengers only, but such a carrier is not exempt from inspection by

51-25 [the] a taxicab authority to determine whether its vehicles and their

51-26 operation are safe.

51-27 [6.] 5. An incorporated city, county or regional transportation

51-28 commission is not required to obtain a certificate of public convenience and

51-29 necessity to operate a system of public transportation [.] which uses

51-30 taxicabs, limousines or other vehicles for passenger service that would

51-31 otherwise be subject to the jurisdiction of a taxicab authority pursuant to

51-32 this chapter.

51-33 [7.] 6. Before an incorporated city or a county enters into an

51-34 agreement with a common motor carrier for a system of public transit that

51-35 provides for the transportation of passengers that is described in paragraph

51-36 (c) or (d) of subsection 2 in an area of the incorporated city or an area of

51-37 the county, it must determine that:

51-38 (a) There are no other common motor carriers of passengers who are

51-39 authorized to provide such services in that area; or

51-40 (b) Although there are other common motor carriers of passengers who

51-41 are authorized to provide such services in the area, the common motor

51-42 carriers of passengers do not wish to provide, or are not capable of

51-43 providing, such services.

52-1 Sec. 101. NRS 706.756 is hereby amended to read as follows:

52-2 706.756 1. Except as otherwise provided in subsection 2, any person

52-3 who:

52-4 (a) Operates a vehicle or causes it to be operated in any carriage to

52-5 which the provisions of NRS [706.011] 706.151 to 706.861, inclusive, and

52-6 section 11 of this act apply without first obtaining a certificate, permit or

52-7 license, or in violation of the terms thereof;

52-8 (b) Fails to make any return or report required by the provisions of NRS

52-9 [706.011] 706.151 to 706.861, inclusive, and section 11 of this act or by

52-10 the transportation services authority or the department pursuant to the

52-11 provisions of NRS [706.011] 706.151 to 706.861, inclusive [;] , and

52-12 section 11 of this act;

52-13 (c) Violates, or procures, aids or abets the violating of, any provision of

52-14 NRS [706.011] 706.151 to 706.861, inclusive [;] , and section 11 of this

52-15 act;

52-16 (d) Fails to obey any order, decision or regulation of the transportation

52-17 services authority or the department;

52-18 (e) Procures, aids or abets any person in his failure to obey such an

52-19 order, decision or regulation of the transportation services authority or the

52-20 department;

52-21 (f) Advertises, solicits, proffers bids or otherwise holds himself out to

52-22 perform [transportation as a common or contract carrier] towing services

52-23 performed without the prior consent of the owner of the vehicle or the

52-24 person authorized by the owner to operate the vehicle, or the services of a

52-25 carrier of household goods or a contract motor carrier with regard to the

52-26 transportation of household goods, in violation of any of the provisions of

52-27 NRS [706.011] 706.151 to 706.861, inclusive [;] , and section 11 of this

52-28 act;

52-29 (g) Advertises as providing [:

52-30 (1) The services of a fully regulated carrier; or

52-31 (2) Towing services,] towing services performed without the prior

52-32 consent of the owner of the vehicle or the person authorized by the owner

52-33 to operate the vehicle, or the services of a carrier of household goods or a

52-34 contract motor carrier with regard to the transportation of household

52-35 goods, without including the number of his certificate of public

52-36 convenience and necessity or contract carrier’s permit in each

52-37 advertisement;

52-38 (h) Knowingly offers, gives, solicits or accepts any rebate, concession or

52-39 discrimination in violation of the provisions of this chapter;

52-40 (i) Knowingly, willfully and fraudulently seeks to evade or defeat the

52-41 purposes of this chapter;

52-42 (j) Operates or causes to be operated a vehicle which does not have the

52-43 proper identifying device;

53-1 (k) Displays or causes or permits to be displayed a certificate, permit,

53-2 license or identifying device, knowing it to be fictitious or to have been

53-3 canceled, revoked, suspended or altered;

53-4 (l) Lends or knowingly permits the use of by one not entitled thereto any

53-5 certificate, permit, license or identifying device issued to the person so

53-6 lending or permitting the use thereof; [or]

53-7 (m) Knowingly makes or causes to be made, either directly or

53-8 indirectly, a false statement on an application, account or other

53-9 statement required by the transportation services authority; or

53-10 (n) Refuses or fails to surrender to the transportation services authority

53-11 or department any certificate, permit, license or identifying device which

53-12 has been suspended, canceled or revoked pursuant to the provisions of this

53-13 chapter,

53-14 is guilty of a gross misdemeanor, and upon conviction thereof shall be

53-15 punished by a fine of not less than $100 [nor] and not more than [$1,000,]

53-16 $2,000, or by imprisonment in the county jail for not more than [6 months,]

53-17 1 year, or by both fine and imprisonment.

53-18 2. A person convicted of a gross misdemeanor for a violation of the

53-19 provisions of NRS 706.386 or 706.421 shall be punished:

53-20 (a) For the first offense , by a fine of not less than $500 [nor] and not

53-21 more than [$1,000;] $2,000;

53-22 (b) For a second offense within 12 consecutive months and each

53-23 subsequent offense , by a fine of [$1,000;] $2,000; or

53-24 (c) For any offense, by imprisonment in the county jail for not more than

53-25 [6 months,] 1 year, or by both the prescribed fine and imprisonment.

53-26 3. [Any person who operates or permits the operation of a vehicle in

53-27 passenger service without a certificate of public convenience and necessity

53-28 issued pursuant to NRS 706.391 is guilty of a gross misdemeanor. If a law

53-29 enforcement officer witnesses a violation of this subsection, he may cause

53-30 the vehicle to be towed immediately from the scene.] The conviction of a

53-31 person pursuant to this section does not bar the transportation services

53-32 authority from suspending or revoking any certificate, permit or license

53-33 of the person convicted. The imposition of a fine or the suspension or

53-34 revocation of any certificate, permit or license by the transportation

53-35 services authority does not operate as a defense in any proceeding

53-36 brought against the person by the transportation services authority

53-37 pursuant to this chapter.

53-38 4. The fines provided in this section are mandatory and must not be

53-39 reduced under any circumstances by the court.

53-40 5. Any bail allowed must not be less than the appropriate fine provided

53-41 for by this section.

54-1 Sec. 102. NRS 706.761 is hereby amended to read as follows:

54-2 706.761 1. Any [agent or person in charge of the books, accounts,

54-3 records, minutes or papers of any private, common or contract motor

54-4 carrier or broker of any of these services] person who holds a certificate or

54-5 permit who refuses or fails for a period of 30 days to furnish the

54-6 transportation services authority or department , as appropriate, with any

54-7 report required by [either] the transportation services authority or

54-8 department, as appropriate, or who fails or refuses to permit any person

54-9 authorized by the transportation services authority or department , as

54-10 appropriate, to inspect such books, accounts, records, minutes or papers on

54-11 behalf of the transportation services authority or department , as

54-12 appropriate, or otherwise interferes with or impedes such an inspection,

54-13 is liable to pay a penalty [in a sum] of not less than [$300 nor more than

54-14 $500.] $1,000. The penalty may be recovered in a civil action upon the

54-15 complaint of the transportation services authority or department , as

54-16 appropriate, in any court of competent jurisdiction.

54-17 2. Each day’s refusal or failure is a separate offense, and is subject to

54-18 the penalty prescribed in this section.

54-19 3. If, after a hearing, the transportation services authority finds that

54-20 a person to whom a certificate or permit has been issued has refused or

54-21 failed to produce a record or allow an inspection in violation of this

54-22 section, the transportation services authority may, upon 5 days’ written

54-23 notice, suspend the certificate or permit.

54-24 Sec. 103. NRS 706.766 is hereby amended to read as follows:

54-25 706.766 1. It is unlawful for any [fully regulated carrier or] operator

54-26 of a tow car , carrier of household goods, or contract motor carrier with

54-27 regard to the transportation of household goods, to charge, demand,

54-28 collect or receive a greater or less compensation for any service performed

54-29 by it within this state or for any service in connection therewith than is

54-30 specified in its fare, rates, joint rates, charges or rules and regulations on

54-31 file with the transportation services authority, or to demand, collect or

54-32 receive any fare, rate or charge not specified. The rates, tolls and charges

54-33 named therein are the lawful rates, tolls and charges until they are changed

54-34 as provided in this chapter.

54-35 2. It is unlawful for any [fully regulated carrier or] operator of a tow

54-36 car , carrier of household goods, or contract motor carrier with regard to

54-37 the transportation of household goods, to grant any rebate, concession or

54-38 special privilege to any person which, directly or indirectly, has or may

54-39 have the effect of changing the rates, tolls, charges or payments.

54-40 3. Any violation of the provisions of this section subjects the violator

54-41 to the penalty prescribed in NRS 706.761.

55-1 Sec. 104. NRS 706.771 is hereby amended to read as follows:

55-2 706.771 1. Any person or any agent or employee thereof, who

55-3 violates any provision of this chapter, any lawful regulation of the

55-4 transportation services authority or any lawful tariff on file with the

55-5 transportation services authority or who fails, neglects or refuses to obey

55-6 any lawful order of the transportation services authority or any court order

55-7 for whose violation a civil penalty is not otherwise prescribed is liable to a

55-8 penalty of not more than $10,000 for any violation. The penalty may be

55-9 recovered in a civil action upon the complaint of the transportation

55-10 services authority in any court of competent jurisdiction.

55-11 2. If the transportation services authority does not bring an action to

55-12 recover the penalty prescribed by subsection 1, the transportation services

55-13 authority may impose an administrative fine of not more than $10,000 for

55-14 any violation of a provision of this chapter or any rule, regulation or order

55-15 adopted or issued by the transportation services authority [or department]

55-16 pursuant to the provisions of this chapter. A fine imposed by the

55-17 transportation services authority may be recovered by the transportation

55-18 services authority only after notice is given and a hearing is held pursuant

55-19 to the provisions of chapter 233B of NRS.

55-20 3. All administrative fines imposed and collected by the transportation

55-21 services authority pursuant to subsection 2 are payable to the state treasurer

55-22 and must be credited to [a separate account to be used by the authority to

55-23 enforce the provisions of this chapter.] the state highway fund.

55-24 4. A penalty or fine recovered pursuant to this section is not a cost of

55-25 service for purposes of rate making.

55-26 Sec. 105. NRS 706.776 is hereby amended to read as follows:

55-27 706.776 1. The owner or operator of a motor vehicle to which any

55-28 provisions of [NRS 706.011 to 706.861, inclusive,] this chapter apply

55-29 carrying passengers or property on any highway in the State of Nevada

55-30 shall not require or permit any driver of the motor vehicle to drive it in any

55-31 one period longer than the time permitted for that period by the order of the

55-32 transportation services authority, the appropriate taxicab authority or the

55-33 department.

55-34 2. In addition to other persons so required, the labor commissioner

55-35 shall enforce the provisions of this section.

55-36 Sec. 106. NRS 706.779 is hereby amended to read as follows:

55-37 706.779 The transportation services authority and its inspectors may,

55-38 upon halting a person for a violation of the provisions of NRS 706.386 or

55-39 706.421, move his vehicle or cause it to be moved to the nearest garage or

55-40 other place of safekeeping until it is removed in a manner which complies

55-41 with the provisions of this chapter.

56-1 Sec. 107. NRS 706.781 is hereby amended to read as follows:

56-2 706.781 In addition to all the other remedies provided by NRS

56-3 [706.011] 706.151 to 706.861, inclusive, and section 11 of this act, for the

56-4 prevention and punishment of any violation of the provisions thereof and of

56-5 all orders of the transportation services authority or the department, the

56-6 transportation services authority or the department may compel

56-7 compliance with the provisions of NRS [706.011] 706.151 to 706.861,

56-8 inclusive, and section 11 of this act, and with the orders of the

56-9 transportation services authority or the department by proceedings in

56-10 mandamus, injunction or by other civil remedies.

56-11 Sec. 108. NRS 706.881 is hereby amended to read as follows:

56-12 706.881 [1.] The provisions of NRS [706.8811] 706.88185 to

56-13 706.885, inclusive, and sections 12 to 21, inclusive, of this act, and

56-14 section 1 of Assembly Bill No. 677 of this session, apply to [any county:

56-15 (a) Whose population is 400,000 or more; or

56-16 (b) For whom regulation by the taxicab authority is not required if its

56-17 board of county commissioners has enacted an ordinance approving the

56-18 inclusion of the county within the jurisdiction of the taxicab authority.

56-19 2. Upon receipt of a certified copy of such an ordinance from a county

56-20 for whom regulation by the taxicab authority is not required, the taxicab

56-21 authority shall exercise its regulatory authority pursuant to NRS 706.8811

56-22 to 706.885, inclusive, within that county.

56-23 3. Within any such county, the provisions of this chapter which confer

56-24 regulatory authority over taxicab motor carriers upon the transportation

56-25 services authority do not apply.] the business of transporting passengers

56-26 by taxicabs and limousines.

56-27 Sec. 109. NRS 706.88185 is hereby amended to read as follows:

56-28 706.88185 1. When [the] a taxicab authority has reason to believe

56-29 that any provision of NRS 706.881 to 706.885, inclusive, and sections 12

56-30 to 21, inclusive, of this act, is being violated, the taxicab authority shall

56-31 investigate the alleged violation. After a hearing , the taxicab authority may

56-32 issue an order requiring that the certificate holder cease and desist from any

56-33 action that is in violation of NRS 706.881 to 706.885, inclusive [.

56-34 2. The] , and sections 12 to 21, inclusive, of this act.

56-35 2. A taxicab authority shall enforce an order issued pursuant to

56-36 subsection 1 in accordance with the provisions of NRS 706.881 to 706.885,

56-37 inclusive [.] , and sections 12 to 21, inclusive, of this act.

56-38 Sec. 110. NRS 706.8819 is hereby amended to read as follows:

56-39 706.8819 1. [The] A taxicab authority shall conduct hearings and

56-40 make final decisions in the following matters:

56-41 (a) Applications to adjust, alter or change the rates, charges or fares for

56-42 taxicab or limousine service;

57-1 (b) Applications for certificates of public convenience and necessity to

57-2 operate a taxicab or limousine service;

57-3 (c) Applications requesting authority to transfer any existing interest in a

57-4 certificate of public convenience and necessity or in a corporation that

57-5 holds a certificate of public convenience and necessity to operate a taxicab

57-6 or limousine business; and

57-7 (d) Applications to change the total number of allocated taxicabs in a

57-8 county [to which NRS 706.881 to 706.885, inclusive, apply; and

57-9 (e) Appeals from final decisions of the administrator made pursuant to

57-10 NRS 706.8822.] subject to the jurisdiction of the taxicab authority.

57-11 2. An appeal from the final decision of [the] a taxicab authority must

57-12 be made to the transportation services authority.

57-13 Sec. 111. NRS 706.882 is hereby amended to read as follows:

57-14 706.882 1. The director of the department of business and industry

57-15 shall appoint a taxicab administrator for each of the taxicab authorities

57-16 from a list of three names submitted to him by each of the taxicab

57-17 [authority. The] authorities respectively. Each administrator serves at the

57-18 pleasure of the director [. The administrator] and is in the unclassified

57-19 service of the state.

57-20 2. [The] A taxicab authority may remove [the] its administrator for

57-21 good cause shown.

57-22 3. Except as otherwise provided in NRS 284.143, [the] a taxicab

57-23 administrator shall devote his entire time and attention to the business of

57-24 his office and shall not pursue any other business or occupation or hold any

57-25 other office of profit.

57-26 Sec. 112. NRS 706.8821 is hereby amended to read as follows:

57-27 706.8821 1. [The] An administrator of a taxicab authority is

57-28 responsible for the control and regulation of the taxicab and limousine

57-29 industry in any county [to which NRS 706.881 to 706.885, inclusive,

57-30 apply] subject to the jurisdiction of the taxicab authority and for the

57-31 administration of NRS 706.881 to 706.885, inclusive [.

57-32 2. The] , and sections 12 to 21, inclusive, of this act.

57-33 2. An administrator shall appoint:

57-34 (a) One accountant and such auditors as are necessary to enable the

57-35 administrator to perform his official functions properly; and

57-36 (b) Such other employees as are necessary to enable the administrator to

57-37 perform his official functions properly.

57-38 Sec. 113. NRS 706.8822 is hereby amended to read as follows:

57-39 706.8822 [The administrator] Except as otherwise provided in NRS

57-40 706.8829 and 706.88395, a taxicab authority shall conduct administrative

57-41 hearings and make final decisions, subject to appeal by any aggrieved party

57-42 to the [taxicab] transportation services authority, in the following matters:

58-1 1. Any violation relating to the issuance of or transfer of license plates

58-2 for motor carriers required by either the taxicab authority or the department

58-3 of motor vehicles and public safety;

58-4 2. Complaints against certificate holders;

58-5 3. Complaints against taxicab or limousine drivers;

58-6 4. Applications for, or suspension or revocation of, drivers’ permits ;

58-7 [which may be required by the administrator;] and

58-8 5. Imposition of monetary penalties.

58-9 Sec. 114. NRS 706.88235 is hereby amended to read as follows:

58-10 706.88235 1. Whenever [the] a taxicab authority or [the] its

58-11 administrator is authorized or required by law to conduct a hearing, the

58-12 administrator may issue subpoenas requiring the attendance of witnesses

58-13 before the taxicab authority or the administrator, respectively, together

58-14 with all books, memoranda, papers and other documents relative to the

58-15 matters for which the hearing is called and take depositions within or

58-16 without the state, as the circumstances of the case may require.

58-17 2. The district court in and for the county in which any hearing is being

58-18 conducted may compel the attendance of witnesses, the giving of testimony

58-19 and the production of books and papers as required by any subpoena issued

58-20 by the administrator.

58-21 3. In case of the refusal of any witness to attend or testify or produce

58-22 any papers required by the subpoena, the administrator may report to the

58-23 district court in and for the county in which the hearing is pending by

58-24 petition, setting forth:

58-25 (a) That due notice has been given of the time and place of attendance of

58-26 the witness or the production of the books and papers;

58-27 (b) That the witness has been subpoenaed in the manner prescribed in

58-28 this section; and

58-29 (c) That the witness has failed and refused to attend or produce the

58-30 papers required by subpoena before the taxicab authority or the

58-31 administrator in the hearing named in the subpoena, or has refused to

58-32 answer questions propounded to him in the course of the hearing,

58-33 and asking an order of the court compelling the witness to attend and testify

58-34 or produce the books or papers before the taxicab authority or the

58-35 administrator.

58-36 4. The court, upon petition of the administrator shall enter an order

58-37 directing the witness to appear before the court at a time and place to be

58-38 fixed by the court in the order, the time to be not more than 10 days [from]

58-39 after the date of the order, and then and there show cause why he has not

58-40 attended or testified or produced the books or papers. A certified copy of

58-41 the order must be served upon the witness. If it appears to the court that the

58-42 subpoena was regularly issued by the administrator, the court may

58-43 thereupon enter an order that the witness appear before the taxicab

59-1 authority or the administrator at the time and place fixed in the order and

59-2 testify or produce the required books or papers, and upon failure to obey

59-3 the order the witness must be dealt with as for contempt of court.

59-4 Sec. 115. NRS 706.88237 is hereby amended to read as follows:

59-5 706.88237 [The] A taxicab authority may:

59-6 1. Determine the circumstances that require a temporary increase in the

59-7 number of taxicabs or limousines subject to its jurisdiction allocated

59-8 pursuant to NRS 706.8824; and

59-9 2. Allocate a temporary increase in the number of such taxicabs or

59-10 limousines pursuant to NRS 706.88245 when the circumstances require the

59-11 increase.

59-12 Sec. 116. NRS 706.8824 is hereby amended to read as follows:

59-13 706.8824 1. [In] Except as otherwise provided in section 15 of this

59-14 act, in determining whether circumstances require the establishment of a

59-15 system of allocations or a change in existing allocations [,] for taxicabs or

59-16 limousines subject to the jurisdiction of a taxicab authority, the taxicab

59-17 authority shall consider the interests, welfare, convenience, necessity and

59-18 well-being of the customers of taxicabs [.] or limousines, as appropriate.

59-19 2. Whenever circumstances require the establishment of a system of

59-20 allocations [,] in a county subject to the jurisdiction of a taxicab

59-21 authority, the taxicab authority shall allocate the number of taxicabs or

59-22 limousines, as appropriate, among the certificate holders in the county , as

59-23 follows:

59-24 (a) For taxicabs, the allocation must be made in a manner which

59-25 reflects the number of taxicabs operated by each certificate holder during

59-26 the 5 years immediately preceding the date of establishment of the system

59-27 of allocations by the taxicab authority in the county.

59-28 (b) For limousines, the allocation must be made in a manner which

59-29 reflects the number of limousines that each certificate holder is

59-30 authorized by the taxicab authority to operate as of the date on which the

59-31 allocation is made.

59-32 3. Whenever circumstances require an increase in the existing

59-33 allocations [, the] in addition to the automatic increases in allocations

59-34 provided by section 15 of this act, a taxicab authority shall allocate the

59-35 additional taxicabs or limousines, as appropriate, equally among all the

59-36 certificate holders who apply from the area to be affected by the allocation.

59-37 4. Unless a certificate holder puts the additionally allocated
59-38 [taxicabs] :

59-39 (a) Taxicabs into service within 30 days after the effective date of the

59-40 increased allocation [,] ; or

59-41 (b) Limousines into service within 180 days after the effective date of

59-42 the increased allocation,

59-43 the increased allocation to that certificate holder is void.

60-1 5. [The] A taxicab authority may attach to the exercise of the rights

60-2 granted by the allocation any terms and conditions which in its judgment

60-3 the public interest may require. The taxicab authority may limit:

60-4 (a) The geographical area from which service is offered or provided.

60-5 (b) The hours of service. Such a limitation must not reduce hours of

60-6 service to less than 12 consecutive hours in a 24-hour period.

60-7 If a limitation is placed on an allocation, taxicabs or limousines, as

60-8 appropriate, must be marked in a distinctive manner that indicates the

60-9 limitation.

60-10 6. [The] A taxicab authority shall review annually:

60-11 (a) The existing allocation of taxicabs [;] and limousines; and

60-12 (b) The rates, charges or fares of the certificate holders in its

60-13 jurisdiction.

60-14 7. Notwithstanding any provision of this section or section 15 of this

60-15 act to the contrary, if a system of allocations for limousines has been

60-16 established pursuant to subsection 2, the number of limousines that must

60-17 be allocated to a certificate holder to whom the taxicab authority

60-18 thereafter issues an initial certificate of public convenience and necessity

60-19 must be based on the number of limousines that the certificate holder

60-20 places into operation within 180 days after the date on which the

60-21 certificate of public convenience and necessity is issued to the certificate

60-22 holder. Thereafter, the certificate holder is subject to all other provisions

60-23 relating to allocations that are set forth in this section and section 15 of

60-24 this act.

60-25 Sec. 117. NRS 706.88245 is hereby amended to read as follows:

60-26 706.88245 1. In determining whether circumstances require a

60-27 temporary increase in the number of taxicabs or limousines subject to its

60-28 jurisdiction allocated pursuant to NRS 706.8824, [the] a taxicab authority

60-29 shall consider the interests, welfare, convenience, necessity and well-being

60-30 of the customers of taxicabs [.] or limousines, as appropriate.

60-31 2. Whenever circumstances require a temporary increase in the number

60-32 of taxicabs or limousines subject to its jurisdiction allocated pursuant to

60-33 NRS 706.8824, [the] a taxicab authority shall allocate the temporary

60-34 increase equally among the certificate holders who are taxicab motor

60-35 carriers or limousine motor carriers, as appropriate, subject to the

60-36 jurisdiction of the taxicab authority in the area to be affected by the

60-37 allocation.

60-38 3. [The] A taxicab authority shall determine:

60-39 (a) The number of additional taxicabs or limousines to be allocated;

60-40 (b) The hours of operation of the additional taxicabs [;] or limousines;

60-41 and

60-42 (c) The duration of the temporary allocation.

61-1 4. [The] A taxicab authority may adopt regulations governing

61-2 temporary increases in the allocation of taxicabs or limousines subject to

61-3 its jurisdiction pursuant to this section.

61-4 Sec. 118. NRS 706.8825 is hereby amended to read as follows:

61-5 706.8825 1. [All] There are hereby created as special revenue

61-6 funds:

61-7 (a) The taxicab authority regulatory fund for the taxicab authority for

61-8 southern Nevada; and

61-9 (b) The taxicab authority regulatory fund for the taxicab authority for

61-10 northern Nevada.

61-11 2. Except as otherwise provided in this section, all fees collected

61-12 pursuant to NRS 706.881 to 706.885, inclusive, and sections 12 to 21,

61-13 inclusive, of this act, must be deposited with the state treasurer to the credit

61-14 of the appropriate taxicab authority regulatory fund . [, which is hereby

61-15 created as a special revenue fund.] The transactions for each county that is

61-16 subject to [those sections] the jurisdiction of a taxicab authority must be

61-17 accounted for separately within the appropriate fund.

61-18 [2.] 3. The interest and income earned on the money in [the] a fund,

61-19 after deducting any applicable charges, must be credited to the fund.

61-20 [3.] 4. Money collected by a taxicab authority for a fine or penalty

61-21 that is imposed on a taxicab motor carrier or limousine motor carrier by

61-22 the taxicab authority must be deposited into the state general fund.

61-23 5. The revenues received pursuant to subsection 1 of NRS 706.8826

61-24 are hereby appropriated to defray the cost of regulating taxicabs and

61-25 limousines in the county or the city, respectively, making the deposit under

61-26 that subsection.

61-27 [4.] 6. The fees received pursuant to subsection 3 of NRS 706.8826,

61-28 NRS 706.8827, 706.8841 and 706.8848 to 706.885, inclusive, are hereby

61-29 appropriated to defray the cost of regulating taxicabs and limousines in the

61-30 county in which the certificate holder operates a taxicab or limousine

61-31 business.

61-32 [5.] 7. Any balance remaining in [the] a taxicab authority regulatory

61-33 fund does not revert to the state general fund. The administrator of a

61-34 taxicab authority may transfer to the aging services division of the

61-35 department of human resources any balance over $200,000 and any interest

61-36 earned on the [fund,] taxicab authority regulatory fund for that taxicab

61-37 authority, within the limits of legislative authorization for each fiscal year,

61-38 to subsidize transportation for the elderly and the permanently handicapped

61-39 in taxicabs. The money transferred to the aging services division must be

61-40 administered in accordance with regulations adopted by the administrator

61-41 of the aging services division pursuant to NRS 427A.070.

61-42 [6.] 8. The administrator of a taxicab authority may establish an

61-43 account for petty cash not to exceed $1,000 for the support of undercover

62-1 investigation and, if the account is created, the administrator shall

62-2 reimburse the account from the appropriate taxicab authority regulatory

62-3 fund in the same manner as other claims against the state are paid.

62-4 Sec. 119. NRS 706.8826 is hereby amended to read as follows:

62-5 706.8826 1. The board of county commissioners of any county in

62-6 which there is in effect an order for the allocation of taxicabs or limousines

62-7 from a taxicab authority, and the governing body of each city within any

62-8 such county, shall deposit with the state treasurer to the credit of the

62-9 appropriate taxicab authority regulatory fund all [of] the tax revenue

62-10 which is received from the taxicab and limousine business operating in the

62-11 county and city, respectively.

62-12 2. For the purpose of calculating the amount due to the state under

62-13 subsection 1, the tax revenue of a county does not include any amount

62-14 which represents a payment for the use of county facilities or property.

62-15 3. [Any] A certificate holder who is subject to [an order of allocation

62-16 by the] a taxicab authority shall pay to [the] that taxicab authority $100 per

62-17 year for each taxicab [that the taxicab authority has allocated to] and $500

62-18 per year for each limousine which the certificate holder operates pursuant

62-19 to his certificate of public convenience and necessity and , if the

62-20 certificate holder is a taxicab motor carrier, a fee set by the taxicab

62-21 authority that must not exceed [15] 20 cents per trip for each compensable

62-22 trip of each of those taxicabs, which may be added to the meter charge. The

62-23 money so received by the taxicab authority must be paid to the state

62-24 treasurer for deposit in the state treasury to the credit of the appropriate

62-25 taxicab authority regulatory fund.

62-26 Sec. 120. NRS 706.8827 is hereby amended to read as follows:

62-27 706.8827 1. A person shall not engage in the taxicab or limousine

62-28 business unless he:

62-29 (a) Holds a certificate of public convenience and necessity from the

62-30 previously exiting public service commission of Nevada issued before
62-31 July 1, 1981, which has not been transferred, revoked or suspended by [the]

62-32 a taxicab authority; [or]

62-33 (b) Holds a certificate of public necessity of public convenience
62-34 and necessity from the transportation services authority issued before

62-35 October 1, 1999, which has not been transferred, revoked or suspended

62-36 by a taxicab authority; or

62-37 (c) Currently holds a certificate of public convenience and necessity

62-38 from [the] a taxicab authority as provided in this section.

62-39 2. Upon the filing of an application for a certificate of public

62-40 convenience and necessity, the taxicab authority with which the

62-41 application was filed shall fix a time and place for a hearing thereon. The

62-42 taxicab authority shall issue the certificate if it finds that:

63-1 (a) The applicant is fit, willing and able to perform the services of a

63-2 taxicab motor carrier [;] or a limousine motor carrier;

63-3 (b) The proposed operation will be consistent with the legislative

63-4 policies set forth in NRS 706.151;

63-5 (c) The granting of the certificate will not unreasonably and adversely

63-6 affect other carriers operating in the territory for which the certificate is

63-7 sought;

63-8 (d) The holders of existing certificates will not meet the needs of the

63-9 territory for which the certificate is sought if the certificate is not granted;

63-10 and

63-11 (e) The proposed service will benefit the public and the taxicab or

63-12 limousine business , as appropriate, in the territory to be served.

63-13 3. The applicant for a certificate has the burden of proving to the

63-14 taxicab authority that the proposed operation will meet the requirements of

63-15 subsection 2. The taxicab authority shall not find that the potential creation

63-16 of competition in a territory which may be caused by the granting of a

63-17 certificate, by itself, will unreasonably and adversely affect other carriers

63-18 operating in the territory for the purposes of paragraph (c) of subsection 2.

63-19 4. The applicant must submit an application fee of $200, which must

63-20 not be refunded, with his application. The applicant must also pay those

63-21 amounts which are billed to him by the taxicab authority for reasonable

63-22 costs incurred by it in conducting an investigation or hearing regarding the

63-23 applicant.

63-24 5. [The] A taxicab authority may attach to the exercise of the rights

63-25 granted by the certificate any terms and conditions which in its judgment

63-26 the public interest may require.

63-27 6. [The] A taxicab authority may dispense with the hearing on the

63-28 application if, upon the expiration of the time fixed in the notice of the

63-29 hearing, no protest against the granting of the certificate has been filed by

63-30 or on behalf of any person.

63-31 7. Any person who has been denied a certificate of public convenience

63-32 and necessity after a hearing may not file a similar application with [the] a

63-33 taxicab authority covering the same type of service and over the same route

63-34 or routes or in the same territory for which the certificate of public

63-35 convenience and necessity was denied except after the expiration of 180

63-36 days [from] after the date the certificate was denied.

63-37 Sec. 121. NRS 706.8829 is hereby amended to read as follows:

63-38 706.8829 1. A certificate holder shall maintain a uniform system of

63-39 accounts in which all business transacted by the certificate holder is

63-40 recorded. The accounts must be:

63-41 (a) Kept in a form prescribed by the taxicab authority [;] which has

63-42 jurisdiction over the certificate holder;

64-1 (b) Before May 15 of each year, submitted to the taxicab authority in an

64-2 annual report in the form and detail prescribed by the taxicab authority;

64-3 (c) Retained for a period of 3 years after their receipt back from the

64-4 taxicab authority; and

64-5 (d) Supplemented with such additional information as the taxicab

64-6 authority may require.

64-7 2. [The] A taxicab authority may examine the books, accounts, records,

64-8 minutes and papers of a certificate holder at any reasonable time to

64-9 determine their correctness and whether they are maintained in accordance

64-10 with the regulations adopted by the taxicab authority.

64-11 3. If a certificate holder fails to comply with any provision of this

64-12 section in a timely manner, the administrator [,] of the taxicab authority

64-13 which has jurisdiction over the certificate holder, after hearing, may

64-14 impose a fine of not more than $1,000, commence proceedings to suspend

64-15 or revoke the certificate of public convenience and necessity of the

64-16 certificate holder, or both impose a fine and commence such proceedings.

64-17 Sec. 122. NRS 706.883 is hereby amended to read as follows:

64-18 706.883 1. A certificate holder shall maintain at his principal place of

64-19 business:

64-20 (a) A record of the make and serial number of each taxicab [;] and

64-21 limousine;

64-22 (b) A maintenance record for each taxicab [;] and limousine; and

64-23 (c) A copy of the medical certificates of each of his drivers.

64-24 2. The records of a certificate holder [shall] must be open for

64-25 inspection by the administrator [or] of the taxicab authority which has

64-26 jurisdiction over the certificate holder at any reasonable time.

64-27 Sec. 123. NRS 706.8833 is hereby amended to read as follows:

64-28 706.8833 1. The color scheme, insigne and design of the cruising

64-29 lights of each taxicab must conform to those approved for the certificate

64-30 holder pursuant to regulations of the taxicab authority [.

64-31 2. The] which has jurisdiction over the certificate holder.

64-32 2. A taxicab authority shall approve or disapprove the color scheme,

64-33 insigne and design of the cruising lights of the taxicabs of a certificate

64-34 holder in any county [,] subject to its jurisdiction, and shall ensure that the

64-35 color scheme and insigne of one certificate holder are readily

64-36 distinguishable from the color schemes and insignia of other certificate

64-37 holders operating in the same county.

64-38 Sec. 124. NRS 706.8834 is hereby amended to read as follows:

64-39 706.8834 1. [A] Except as otherwise provided in this section, a

64-40 certificate holder shall not permit a vehicle to be used as a taxicab if it has

64-41 been in operation as a taxicab for more than 4 model years or 52 months,

64-42 whichever period is longer.

65-1 2. [Any] Except as otherwise provided in this section, any vehicle

65-2 which a certificate holder acquires for use as a taxicab must:

65-3 (a) Be new; or

65-4 (b) Register not more than 30,000 miles on the odometer.

65-5 3. A taxicab authority may, upon good cause shown, exempt any city,

65-6 town or other area specifically identified by the taxicab authority which

65-7 is located within the county subject to the jurisdiction of the taxicab

65-8 authority from any provision of this section.

65-9 Sec. 125. NRS 706.8836 is hereby amended to read as follows:

65-10 706.8836 1. A certificate holder shall equip each of his taxicabs with

65-11 a taximeter and shall make provisions when installing the taximeter to

65-12 allow sealing by the administrator [.] of the taxicab authority which has

65-13 jurisdiction over the certificate holder.

65-14 2. The administrator of a taxicab authority shall approve the types of

65-15 taximeters which may be used on a taxicab [.] subject to the jurisdiction of

65-16 the taxicab authority. All such taximeters must conform to a 2-percent

65-17 plus or minus tolerance on the fare recording, must be equipped with a

65-18 signal device plainly visible from outside of the taxicab, must be equipped

65-19 with a device which records fares and is plainly visible to the passenger and

65-20 must register upon plainly visible counters the following items:

65-21 (a) Total miles;

65-22 (b) Paid miles;

65-23 (c) Number of units;

65-24 (d) Number of trips; and

65-25 (e) Number of extra passengers or extra charges.

65-26 3. The administrator of a taxicab authority shall inspect each

65-27 taximeter before its use in a taxicab subject to the jurisdiction of the

65-28 taxicab authority, and shall, if the taximeter conforms to the standards

65-29 specified in subsection 2, seal the taximeter.

65-30 4. The administrator of a taxicab authority may reinspect [the] such a

65-31 taximeter at any reasonable time.

65-32 Sec. 126. NRS 706.8837 is hereby amended to read as follows:

65-33 706.8837 A certificate holder shall not permit a taxicab or limousine

65-34 to be operated in passenger service unless it meets all [of] the following

65-35 standards:

65-36 1. The steering mechanism is in good mechanical working order.

65-37 2. The vehicle does not have any apparent loose knuckles, bolts or gear

65-38 trains.

65-39 3. The door hinges and latches are in good mechanical working order

65-40 and all doors operate easily and close securely.

65-41 4. Interior or exterior advertising does not obscure the driver’s view in

65-42 any direction.

66-1 5. The windows are clear and free from cracks or chips in excess of 3

66-2 inches in length and are composed of approved, nonshatterable safety glass.

66-3 6. The brakes are in good mechanical working order and when pressed

66-4 are not less than 1 3/4 inches from the floorboard.

66-5 7. The exhaust system, gaskets, tail pipes and mufflers are in good

66-6 condition and exhaust fumes do not penetrate the interior of the vehicle.

66-7 8. The vehicle is equipped with four adequate and safe tires. Recapped

66-8 tires may be used. Regrooved tires may not be used.

66-9 9. The speedometer is properly installed, maintained in good working

66-10 order and exposed to view.

66-11 10. The interior of the vehicle is clean, free from torn upholstery and

66-12 from damaged or broken seats.

66-13 11. The headlights, taillights, stoplights and turn signals are in good

66-14 mechanical working order.

66-15 12. The horn and two windshield wipers are in good mechanical

66-16 working order.

66-17 13. [The] If the vehicle is a taxicab, the taximeter is working properly,

66-18 is not disconnected and has its covers and gears intact.

66-19 14. An air pollution control system is functioning in accordance with

66-20 federal, state and local laws which were applicable to the type of vehicle at

66-21 the time of its manufacture.

66-22 Sec. 127. NRS 706.8838 is hereby amended to read as follows:

66-23 706.8838 A certificate holder shall not permit a taxicab or limousine

66-24 to be operated in passenger service for a period of more than 24 hours

66-25 unless it meets all [of] the following standards:

66-26 1. The vehicle is structurally sound and operates with a minimum of

66-27 noise and vibration.

66-28 2. The vehicle does not have cracked, broken or badly dented fenders

66-29 and is painted so as to provide reasonable protection against structural

66-30 deterioration.

66-31 3. [The] If the vehicle is a taxicab, the vehicle does not have shades or

66-32 curtains which can be manipulated to shield the occupants or driver from

66-33 exterior observation or to obstruct vision through the rear view windows.

66-34 4. The vehicle is washed once a week, the interior is swept, dusted and

66-35 vacuumed once a day and the vehicle is in a clean and sanitary condition.

66-36 5. The floor mat is made of rubber or a similar nonabsorbent, washable

66-37 material, is easily removable and is not torn.

66-38 Sec. 128. NRS 706.8839 is hereby amended to read as follows:

66-39 706.8839 1. The administrator of a taxicab authority may inspect a

66-40 taxicab or limousine subject to the jurisdiction of the taxicab authority at

66-41 any reasonable time.

66-42 2. If the administrator finds that a taxicab or limousine is in a

66-43 condition which violates NRS 706.8837, he shall remove the vehicle from

67-1 service, [shall] place an out-of-service sticker on the windshield and [shall]

67-2 notify the certificate holder of the defect. The vehicle [shall] must remain

67-3 out of service until the defect has been remedied and the administrator upon

67-4 reinspection has approved the vehicle and removed the out-of-service

67-5 sticker.

67-6 3. If the administrator finds that a taxicab is in a condition which

67-7 violates NRS 706.8838, he shall notify the certificate holder of the

67-8 improper condition and, after a reasonable time, shall reinspect the vehicle.

67-9 If upon reinspection the violation has not been corrected, the vehicle [shall]

67-10 must be removed from service until it is reinspected and approved, as

67-11 provided in subsection 2.

67-12 Sec. 129. NRS 706.88395 is hereby amended to read as follows:

67-13 706.88395 Except as otherwise provided in section 1 of Assembly Bill

67-14 No. 677 of this section:

67-15 1. A vehicle used as a taxicab, limousine or other passenger vehicle in

67-16 passenger service must be impounded by the administrator of a taxicab

67-17 authority if a certificate of public convenience and necessity has not been

67-18 issued authorizing its operation [.] by the taxicab authority, the

67-19 transportation services authority or the previously existing public service

67-20 commission of Nevada. A hearing must be held by the administrator [no]

67-21 not later than the conclusion of the second normal business day after

67-22 impoundment, weekends and holidays excluded. As soon as practicable

67-23 after impoundment, the administrator shall notify the registered owner of

67-24 the vehicle:

67-25 (a) That the registered owner of the vehicle must post a bond in the

67-26 amount of $20,000 to ensure his presence at all proceedings held pursuant

67-27 to this section;

67-28 (b) Of the time set for the hearing; and

67-29 (c) Of his right to be represented by counsel during all phases of the

67-30 proceedings.

67-31 2. The administrator shall hold the vehicle until the registered owner of

67-32 the vehicle appears and:

67-33 (a) Proves that he is the registered owner of the vehicle;

67-34 (b) Proves that he holds a valid certificate of public convenience and

67-35 necessity;

67-36 (c) Proves that the vehicle meets all required standards of the taxicab

67-37 authority; and

67-38 (d) Posts a bond in the amount of $20,000 with the administrator.

67-39 The administrator shall return the vehicle to its registered owner when the

67-40 owner meets the requirements of this subsection and pays all costs of

67-41 impoundment.

67-42 3. If the registered owner is unable to meet the requirements of

67-43 paragraph (b) or (c) of subsection 2, the administrator may assess an

68-1 administrative fine against the registered owner for each such violation in

68-2 the amount of $5,000. The maximum amount of the administrative fine that

68-3 may be assessed against a registered owner for a single impoundment of his

68-4 vehicle pursuant to this section is $10,000. The administrator shall return

68-5 the vehicle after any administrative fine imposed pursuant to this subsection

68-6 and all costs of impoundment have been paid.

68-7 Sec. 130. NRS 706.8841 is hereby amended to read as follows:

68-8 706.8841 1. The administrator of a taxicab authority shall issue a

68-9 driver’s permit to qualified persons who wish to be employed by certificate

68-10 holders as [taxicab drivers.] drivers of taxicabs or limousines based in any

68-11 county that is subject to the jurisdiction of the taxicab authority. Before

68-12 issuing a driver’s permit, the administrator shall:

68-13 (a) Require the applicant to submit a set of his fingerprints, which must

68-14 be forwarded to the Federal Bureau of Investigation to ascertain whether

68-15 the applicant has a criminal record and the nature of any such record, and

68-16 shall further investigate the applicant’s background; and

68-17 (b) Require proof that the applicant:

68-18 (1) Has been a resident of the state for 30 days before his application

68-19 for a permit;

68-20 (2) Can read and orally communicate in the English language; and

68-21 (3) Has a valid license issued under NRS 483.325 which authorizes

68-22 him to drive a taxicab or limousine in this state.

68-23 2. The administrator may refuse to issue a driver’s permit if the

68-24 applicant has been convicted of:

68-25 (a) A felony, other than a felony for a sexual offense, in the State of

68-26 Nevada or any other state, territory or nation within 5 years before the date

68-27 of the application, or a felony involving any sexual offense at any time; or

68-28 (b) Driving under the influence of intoxicating beverages, dangerous

68-29 drugs or controlled substances within 3 years before the date of the

68-30 application.

68-31 3. The administrator may refuse to issue a driver’s permit if the

68-32 administrator, after the background investigation of the applicant,

68-33 determines that the applicant is morally unfit or if the issuance of the

68-34 driver’s permit would be detrimental to public health, welfare or safety.

68-35 4. A taxicab or limousine driver shall pay to the administrator, in

68-36 advance, $20 for an original driver’s permit and [$5] $15 for a renewal.

68-37 Sec. 131. NRS 706.8843 is hereby amended to read as follows:

68-38 706.8843 1. A certificate holder shall not employ a driver unless the

68-39 driver has obtained and has on his person:

68-40 (a) A valid driver’s license for the State of Nevada obtained under the

68-41 provisions of NRS 483.010 to 483.630, inclusive;

68-42 (b) A copy of a physician’s certificate obtained pursuant to NRS

68-43 706.8842; and

69-1 (c) A driver’s permit issued by the administrator pursuant to rules and

69-2 regulations of the appropriate taxicab authority.

69-3 2. A certificate holder shall, at the time he employs a driver, provide

69-4 the driver with a complete copy of the rules and regulations described in

69-5 NRS 706.8844 to 706.8849, inclusive, and such other rules and regulations

69-6 as may be adopted by the taxicab authority [,] which has jurisdiction over

69-7 the certificate holder, and require the driver to sign a statement that he has

69-8 received a copy of the regulations and has read and familiarized himself

69-9 with the contents thereof.

69-10 Sec. 132. NRS 706.8844 is hereby amended to read as follows:

69-11 706.8844 1. A certificate holder shall require his drivers of taxicabs

69-12 to keep a daily trip sheet in a form to be prescribed by the taxicab authority

69-13 [.] which has jurisdiction over the certificate holder.

69-14 2. At the beginning of each period of duty the driver shall record on his

69-15 trip sheet:

69-16 (a) His name and the number of his taxicab;

69-17 (b) The time at which he began his period of duty by means of a time

69-18 clock provided by the certificate holder;

69-19 (c) The meter readings for total miles, paid miles, trips, units, extra

69-20 passengers and extra charges; and

69-21 (d) The odometer reading of the taxicab.

69-22 3. During his period of duty the driver shall record on his trip sheet:

69-23 (a) The time, place of origin and destination of each trip; and

69-24 (b) The number of passengers and amount of fare for each trip.

69-25 4. At the end of each period of duty the driver shall record on his trip

69-26 sheet:

69-27 (a) The time at which he ended his period of duty by means of a time

69-28 clock provided by the certificate holder;

69-29 (b) The meter readings for total miles, paid miles, trips, units and extra

69-30 passengers; and

69-31 (c) The odometer reading of the taxicab.

69-32 5. A certificate holder shall furnish a trip sheet form for each taxicab

69-33 operated by a driver during his period of duty and shall require his drivers

69-34 to return their completed trip sheets at the end of each period of duty.

69-35 6. A certificate holder shall retain all trip sheets of all drivers in a safe

69-36 place for a period of 3 years immediately succeeding December 31 of the

69-37 year to which they respectively pertain and shall make such manifests

69-38 available for inspection by the administrator upon reasonable demand.

69-39 7. Any driver who maintains a trip sheet in a form less complete than

69-40 that required by subsection 1 is guilty of a misdemeanor.

69-41 Sec. 133. NRS 706.8847 is hereby amended to read as follows:

69-42 706.8847 1. A driver of a taxicab shall not refuse or neglect to

69-43 transport any orderly person to that person’s destination if:

70-1 (a) That person requests the driver to transport him; and

70-2 (b) The requested destination is within the area allocated to the

70-3 certificate holder who employs the driver.

70-4 2. Subsection 1 does not apply if the driver can show [beyond a

70-5 reasonable doubt] to the satisfaction of the taxicab authority which has

70-6 jurisdiction over the driver that:

70-7 (a) He has good reason to fear for his personal safety;

70-8 (b) The taxicab has been previously engaged by another person; or

70-9 (c) He is forbidden by law or regulation to carry the person requesting

70-10 transportation.

70-11 Sec. 134. NRS 706.8848 is hereby amended to read as follows:

70-12 706.8848 1. If a driver violates any provision of NRS 706.8844 to

70-13 706.8847, inclusive, and sections 12 to 21, inclusive, of this act, the

70-14 [administrator] taxicab authority which has jurisdiction over the

70-15 certificate holder which employs the driver may impose the following

70-16 sanctions:

70-17 (a) First offense: Warning notice or a fine of not more than $100, or

70-18 both warning and fine.

70-19 (b) Second offense: 1 to 3 days’ suspension of a driver’s permit or a fine

70-20 of not more than $200, or both suspension and fine.

70-21 (c) Third offense: 4 to 6 days’ suspension of a driver’s permit or a fine

70-22 of not more than $300, or both suspension and fine.

70-23 (d) Fourth offense: 10 days’ suspension of a driver’s permit or a fine of

70-24 not more than $500, or both suspension and fine.

70-25 (e) Fifth offense: Revocation of a driver’s permit or a fine of not more

70-26 than $500, or both revocation and fine.

70-27 2. Only violations occurring in the 12 months immediately preceding

70-28 the most current violation [shall] may be considered for the purposes of

70-29 subsection 1. The administrator of the taxicab authority shall inspect the

70-30 driver’s record for that period to compute the number of offenses

70-31 committed.

70-32 3. The [administrator] taxicab authority shall conduct a hearing [prior

70-33 to suspension or revocation of] before suspending or revoking a driver’s

70-34 permit or imposing a fine under this section or NRS 706.8849.

70-35 Sec. 134.5. NRS 706.8849 is hereby amended to read as follows:

70-36 706.8849 1. A taxicab driver shall:

70-37 (a) Ensure that the fare indicator on the taximeter of his taxicab reads

70-38 zero before the time that the taxicab is engaged.

70-39 (b) Ensure that the taximeter of his taxicab is engaged while the taxicab

70-40 is on hire.

70-41 (c) Not make any charge for the transportation of a passenger other than

70-42 the charge shown on the taximeter.

71-1 (d) Not alter, manipulate, tamper with or disconnect a sealed taximeter

71-2 or its attachments nor make any change in the mechanical condition of the

71-3 wheels, tires or gears of a taxicab with intent to cause false registration on

71-4 the taximeter of the passenger fare.

71-5 (e) Not remove or alter fare schedules which have been posted in his

71-6 taxicab by the certificate holder.

71-7 (f) Not permit any person or persons other than the person who has

71-8 engaged the taxicab to ride therein unless the person who has engaged the

71-9 taxicab requests that the other person or persons ride in the taxicab. If more

71-10 than one person is loaded by the taxicab driver as set forth in this

71-11 paragraph, the driver shall, when one of the persons leaves the taxicab,

71-12 charge that person the fare on the meter and reset the taximeter.

71-13 (g) Not drive a taxicab or go on duty while under the influence of, or

71-14 impaired by, any controlled substance, dangerous drug, or intoxicating

71-15 liquor or drink intoxicating liquor while on duty.

71-16 (h) Not use or consume controlled substances or dangerous drugs which

71-17 impair a person’s ability to operate a motor vehicle at any time, or use or

71-18 consume any other controlled substances or dangerous drugs at any time

71-19 except in accordance with a lawfully issued prescription.

71-20 (i) Not operate a taxicab without a valid driver’s permit issued pursuant

71-21 to NRS 706.8841 and a valid driver’s license issued pursuant to NRS

71-22 483.325 in his possession.

71-23 (j) Obey all provisions and restrictions of his employer’s certificate of

71-24 public convenience and necessity.

71-25 2. If a driver violates any provision of subsection 1, the [administrator]

71-26 taxicab authority which has jurisdiction over the certificate holder that

71-27 employs the driver may, after a hearing, impose the following sanctions:

71-28 (a) For a first offense, 1 to 5 days’ suspension of a driver’s permit or a

71-29 fine of not more than $100, or both suspension and fine.

71-30 (b) For a second offense, 6 to 20 days’ suspension of a driver’s permit

71-31 or a fine of not more than $300, or both suspension and fine.

71-32 (c) For a third offense, a fine of not more than $500.

71-33 In addition to the other penalties set forth in this subsection, the

71-34 [administrator] taxicab authority may revoke a driver’s permit for any

71-35 violation of a provision of paragraph (g) of subsection 1.

71-36 3. Only violations occurring in the 12 months immediately
71-37 preceding the most current violation may be considered for the purposes of

71-38 subsection 2. The administrator of the taxicab authority shall inspect the

71-39 driver’s record for that period to compute the number of offenses

71-40 committed.

71-41 Sec. 135. NRS 706.885 is hereby amended to read as follows:

71-42 706.885 1. Any person who knowingly makes or causes to be made,

71-43 either directly or indirectly, a false statement on an application, account or

72-1 other statement required by [the] a taxicab authority or the administrator of

72-2 the taxicab authority or who violates any of the provisions of NRS

72-3 706.881 to 706.885, inclusive, and sections 12 to 21, inclusive, of this act,

72-4 and section 1 of Assembly Bill No. 677 of this session is guilty of a

72-5 misdemeanor.

72-6 2. [The] A taxicab authority [or administrator] may at any time, for

72-7 good cause shown and upon at least 5 days’ notice to the grantee of any

72-8 certificate or driver’s permit, and after a hearing unless waived by the

72-9 grantee, penalize the grantee of a certificate to a maximum amount of

72-10 $15,000 or penalize the grantee of a driver’s permit to a maximum amount

72-11 of $500 or suspend or revoke the certificate or driver’s permit [granted by

72-12 it or him, respectively,] for:

72-13 (a) Any violation of any provision of NRS 706.881 to 706.885,

72-14 inclusive, and sections 12 to 21, inclusive, of this act, and section 1 of

72-15 Assembly Bill No. 677 of this session, or any regulation of the taxicab

72-16 authority or administrator.

72-17 (b) Knowingly permitting or requiring any employee to violate any

72-18 provision of NRS 706.881 to 706.885, inclusive, and sections 12 to 21,

72-19 inclusive, of this act, and section 1 of Assembly Bill No. 677 of this

72-20 session, or any regulation of the taxicab authority or administrator.

72-21 If a penalty is imposed on the grantee of a certificate pursuant to this

72-22 section, the taxicab authority [or administrator] may require the grantee to

72-23 pay the costs of the proceeding, including investigative costs and attorney’s

72-24 fees.

72-25 3. When a driver or certificate holder fails to appear at the time and

72-26 place stated in the notice for the hearing, the [administrator] taxicab

72-27 authority shall enter a finding of default. Upon a finding of default, the

72-28 [administrator] taxicab authority may suspend or revoke the license, permit

72-29 or certificate of the person who failed to appear and impose the penalties

72-30 provided in this chapter. For good cause shown, the [administrator] taxicab

72-31 authority may set aside a finding of default and proceed with the hearing.

72-32 4. Any person who operates or permits a taxicab or limousine to be

72-33 operated in passenger service without a certificate of public convenience

72-34 and necessity issued pursuant to NRS 706.8827, is guilty of a gross

72-35 misdemeanor. If a law enforcement officer witnesses a violation of this

72-36 subsection, he may cause the vehicle to be towed immediately from the

72-37 scene.

72-38 5. The conviction of a person pursuant to subsection 1 does not bar the

72-39 taxicab authority [or administrator] from suspending or revoking any

72-40 certificate, permit or license of the person convicted. The imposition of a

72-41 fine or suspension or revocation of any certificate, permit or license by the

72-42 taxicab authority [or administrator] does not operate as a defense in any

72-43 proceeding brought under subsection 1.

73-1 Sec. 136. NRS 232.510 is hereby amended to read as follows:

73-2 232.510 1. The department of business and industry is hereby

73-3 created.

73-4 2. The department consists of a director and the following:

73-5 (a) Consumer affairs division.

73-6 (b) Division of financial institutions.

73-7 (c) Housing division.

73-8 (d) Manufactured housing division.

73-9 (e) Real estate division.

73-10 (f) Division of unclaimed property.

73-11 (g) Division of insurance.

73-12 (h) Division of industrial relations.

73-13 (i) Office of labor commissioner.

73-14 (j) Taxicab authority [.] for southern Nevada and taxicab authority for

73-15 northern Nevada.

73-16 (k) Nevada athletic commission.

73-17 (l) Office of the Nevada attorney for injured workers.

73-18 (m) Transportation services authority.

73-19 (n) Any other office, commission, board, agency or entity created or

73-20 placed within the department pursuant to a specific statute, the budget

73-21 approved by the legislature or an executive order, or an entity whose

73-22 budget or activities have been placed within the control of the department

73-23 by a specific statute.

73-24 Sec. 137. NRS 232.520 is hereby amended to read as follows:

73-25 232.520 The director:

73-26 1. Shall appoint a chief or executive director, or both of them, of each

73-27 of the divisions, offices, commissions, boards, agencies or other entities of

73-28 the department, unless the authority to appoint such a chief or executive

73-29 director, or both of them, is expressly vested in another person, board or

73-30 commission by a specific statute. In making the appointments, the director

73-31 may obtain lists of qualified persons from professional organizations,

73-32 associations or other groups recognized by the department, if any. The

73-33 chief of the consumer affairs division is the commissioner of consumer

73-34 affairs, the chief of the division of financial institutions is the commissioner

73-35 of financial institutions, the chief of the housing division is the

73-36 administrator of the housing division, the chief of the manufactured housing

73-37 division is the administrator of the manufactured housing division, the chief

73-38 of the real estate division is the real estate administrator, the chief of the

73-39 division of unclaimed property is the administrator of unclaimed property,

73-40 the chief of the division of insurance is the commissioner of insurance, the

73-41 chief of the division of industrial relations is the administrator of the

73-42 division of industrial relations, the chief of the office of labor commissioner

73-43 is the labor commissioner, the chief of the taxicab authority for southern

74-1 Nevada is the taxicab administrator, the chief of the taxicab authority for

74-2 northern Nevada is the taxicab administrator, the chief of the

74-3 transportation services authority is the [chairman] commissioner of the

74-4 authority and the chief of any other entity of the department has the title

74-5 specified by the director, unless a different title is specified by a specific

74-6 statute.

74-7 2. Is responsible for the administration of all provisions of law relating

74-8 to the jurisdiction, duties and functions of all divisions and other entities

74-9 within the department. The director may, if he deems it necessary to carry

74-10 out his administrative responsibilities, be considered as a member of the

74-11 staff of any division or other entity of the department for the purpose of

74-12 budget administration or for carrying out any duty or exercising any power

74-13 necessary to fulfill the responsibilities of the director pursuant to this

74-14 subsection. The provisions of this subsection do not authorize the director

74-15 to preempt any authority or jurisdiction granted by statute to any division or

74-16 other entity within the department or authorize the director to act or take on

74-17 a function that would contravene a rule of court or a statute.

74-18 3. May:

74-19 (a) Establish uniform policies for the department, consistent with the

74-20 policies and statutory responsibilities and duties of the divisions and other

74-21 entities within the department, relating to matters concerning budgeting,

74-22 accounting, planning, program development, personnel, information

74-23 services, dispute resolution, travel, workplace safety, the acceptance of gifts

74-24 or donations, the management of records and any other subject for which a

74-25 uniform departmental policy is necessary to ensure the efficient operation

74-26 of the department.

74-27 (b) Provide coordination among the divisions and other entities within

74-28 the department, in a manner which does not encroach upon their statutory

74-29 powers and duties, as they adopt and enforce regulations, execute

74-30 agreements, purchase goods, services or equipment, prepare legislative

74-31 requests and lease or use office space.

74-32 (c) Define the responsibilities of any person designated to carry out the

74-33 duties of the director relating to financing, industrial development or

74-34 business support services.

74-35 4. May, within the limits of the financial resources made available to

74-36 him, promote, participate in the operation of, and create or cause to be

74-37 created, any nonprofit corporation, pursuant to chapter 82 of NRS, which

74-38 he determines is necessary or convenient for the exercise of the powers and

74-39 duties of the department. The purposes, powers and operation of the

74-40 corporation must be consistent with the purposes, powers and duties of the

74-41 department.

75-1 5. For any bonds which he is otherwise authorized to issue, may issue

75-2 bonds the interest on which is not exempt from federal income tax or

75-3 excluded from gross revenue for the purposes of federal income tax.

75-4 6. May, except as otherwise provided by specific statute, adopt by

75-5 regulation a schedule of fees and deposits to be charged in connection with

75-6 the programs administered by him pursuant to chapters 348A and 349 of

75-7 NRS. Except as otherwise provided, the amount of any such fee or deposit

75-8 must not exceed 2 percent of the principal amount of the financing.

75-9 7. May designate any person within the department to perform any of

75-10 the duties or responsibilities, or exercise any of the authority, of the

75-11 director on his behalf.

75-12 8. May negotiate and execute agreements with public or private entities

75-13 which are necessary to the exercise of the powers and duties of the director

75-14 or the department.

75-15 9. May establish a trust account in the state treasury for depositing and

75-16 accounting for money that is held in escrow or is on deposit with the

75-17 department for the payment of any direct expenses incurred by the director

75-18 in connection with any bond programs administered by the director. The

75-19 interest and income earned on money in the trust account, less any amount

75-20 deducted to pay for applicable charges, must be credited to the trust

75-21 account. Any balance remaining in the account at the end of a fiscal year

75-22 may be:

75-23 (a) Carried forward to the next fiscal year for use in covering the

75-24 expense for which it was originally received; or

75-25 (b) Returned to any person entitled thereto in accordance with

75-26 agreements or regulations of the director relating to those bond programs.

75-27 Sec. 138. NRS 268.097 is hereby amended to read as follows:

75-28 268.097 1. Except as otherwise provided in subsections 2 and 3, and

75-29 sections 20 and 21 of this act, notwithstanding the provisions of any local,

75-30 special or general law, after July 1, 1963, the governing body of any

75-31 incorporated city in this state, whether incorporated by general or special

75-32 act, or otherwise, may not supervise or regulate any taxicab motor carrier as

75-33 defined in NRS 706.126 which is under the supervision and regulation of

75-34 [the transportation services authority pursuant to law.] a taxicab authority.

75-35 2. The governing body of any incorporated city in this state, whether

75-36 incorporated by general or special act, or otherwise, may fix, impose and

75-37 collect a license tax on and from a taxicab motor carrier for revenue

75-38 purposes only.

75-39 3. The governing body of any incorporated city in any county in which

75-40 the provisions of NRS [706.8811] 706.88185 to 706.885, inclusive, and

75-41 sections 12 to 21, inclusive, of this act do not apply, whether incorporated

75-42 by general or special act, or otherwise, may regulate by ordinance the

75-43 qualifications required of employees or lessees of a taxicab motor carrier in

76-1 a manner consistent with the regulations adopted by the transportation

76-2 services authority.

76-3 Sec. 139. (Deleted by amendment.)

76-4 Sec. 140. NRS 362.120 is hereby amended to read as follows:

76-5 362.120 1. The department shall, from the statement and from all

76-6 obtainable data, evidence and reports, compute in dollars and cents the

76-7 gross yield and net proceeds of the period covered by the statement.

76-8 2. The gross yield must include the value of any mineral extracted

76-9 which was:

76-10 (a) Sold;

76-11 (b) Exchanged for any thing or service;

76-12 (c) Removed from the state in a form ready for use or sale; or

76-13 (d) Used in a manufacturing process or in providing a service,

76-14 during the period covered by the statement.

76-15 3. The net proceeds are ascertained and determined by subtracting

76-16 from the gross yield the following deductions for costs incurred during that

76-17 period, and none other:

76-18 (a) The actual cost of extracting the mineral.

76-19 (b) The actual cost of transporting the mineral to the place or places of

76-20 reduction, refining and sale.

76-21 (c) The actual cost of reduction, refining and sale.

76-22 (d) The actual cost of marketing and delivering the mineral and the

76-23 conversion of the mineral into money.

76-24 (e) The actual cost of maintenance and repairs of:

76-25 (1) All machinery, equipment, apparatus and facilities used in the

76-26 mine.

76-27 (2) All milling, refining, smelting and reduction works, plants and

76-28 facilities.

76-29 (3) All facilities and equipment for transportation except those that

76-30 are under the jurisdiction of the public utilities commission of Nevada . [or

76-31 the transportation services authority.]

76-32 (f) The actual cost of fire insurance on the machinery, equipment,

76-33 apparatus, works, plants and facilities [mentioned] set forth in paragraph

76-34 (e).

76-35 (g) Depreciation of the original capitalized cost of the machinery,

76-36 equipment, apparatus, works, plants and facilities [mentioned] set forth in

76-37 paragraph (e). The annual depreciation charge consists of amortization of

76-38 the original cost in a manner prescribed by regulation of the Nevada tax

76-39 commission. The probable life of the property represented by the original

76-40 cost must be considered in computing the depreciation charge.

76-41 (h) All money expended for premiums for industrial insurance, and the

76-42 actual cost of hospital and medical attention and accident benefits and

76-43 group insurance for all employees.

77-1 (i) All money paid as contributions or payments under the

77-2 unemployment compensation law of the State of Nevada, as contained in

77-3 chapter 612 of NRS, all money paid as contributions under the Social

77-4 Security Act of the Federal Government, and all money paid to either the

77-5 State of Nevada or the Federal Government under any amendment to either

77-6 or both of the statutes [mentioned] set forth in this paragraph.

77-7 (j) The actual cost of developmental work in or about the mine or upon

77-8 a group of mines when operated as a unit.

77-9 (k) All money paid as royalties by a lessee or sublessee of a mine or

77-10 well, or by both, in determining the net proceeds of the lessee or sublessee,

77-11 or both.

77-12 4. Royalties deducted by a lessee or sublessee constitute part of the net

77-13 proceeds of the minerals extracted, upon which a tax must be levied against

77-14 the person to whom the royalty has been paid.

77-15 5. Every person acquiring property in the State of Nevada to engage in

77-16 the extraction of minerals and who incurs any of the expenses [mentioned]

77-17 set forth in subsection 3 shall report those expenses and the recipient of any

77-18 royalty to the department on forms provided by the department.

77-19 6. The several deductions [mentioned] set forth in subsection 3 do not

77-20 include any expenditures for salaries, or any portion of salaries, of any

77-21 person not actually engaged in:

77-22 (a) The working of the mine;

77-23 (b) The operating of the mill, smelter or reduction works;

77-24 (c) The operating of the facilities or equipment for transportation;

77-25 (d) Superintending the management of any of those operations; or

77-26 (e) The State of Nevada, in office, clerical or engineering work

77-27 necessary or proper in connection with any of those operations.

77-28 Sec. 141. NRS 373.117 is hereby amended to read as follows:

77-29 373.117 1. A regional transportation commission, a county whose

77-30 population is less than 100,000 or an incorporated city within such a county

77-31 may establish or operate a public transit system consisting of:

77-32 (a) Regular routes and fixed schedules to serve the public;

77-33 (b) Nonemergency medical transportation of persons to facilitate their

77-34 use of a center as defined in NRS 435.170, if the transportation is available

77-35 upon request and without regard to regular routes or fixed schedules;

77-36 (c) Nonmedical transportation of disabled persons without regard to

77-37 regular routes or fixed schedules; or

77-38 (d) In a county whose population is less than 100,000 or an incorporated

77-39 city within such a county, nonmedical transportation of persons if the

77-40 transportation is available by reservation 1 day in advance of the

77-41 transportation and without regard to regular routes or fixed schedules.

78-1 2. A regional transportation commission may lease vehicles to or from

78-2 or enter into other contracts with a private operator for the provision of

78-3 such a system.

78-4 3. In a county whose population is less than 400,000, such a system

78-5 may also provide service which includes:

78-6 (a) Minor deviations from the regular routes and fixed schedules

78-7 required by paragraph (a) of subsection 1 on a recurring basis to serve the

78-8 public transportation needs of passengers. The deviations must not exceed

78-9 one-half mile from the regular routes.

78-10 (b) The transporting of persons other than those specified in paragraph

78-11 (b), (c) or (d) of subsection 1 upon request without regard to regular routes

78-12 or fixed schedules, if the service is provided by a common motor carrier .

78-13 [which has a certificate of public convenience and necessity issued by the

78-14 transportation services authority pursuant to NRS 706.386 to 706.411,

78-15 inclusive, and the service is subject to the rules and regulations adopted by

78-16 the transportation services authority for a fully regulated carrier.]

78-17 4. Notwithstanding the provisions of chapter 332 of NRS or NRS

78-18 625.530, a regional transportation commission may utilize a turnkey

78-19 procurement process to select a person to design, build, operate and

78-20 maintain, or any combination thereof, a fixed guideway system, including,

78-21 without limitation, any minimum operable segment thereof. The

78-22 commission shall determine whether to utilize turnkey procurement for a

78-23 fixed guideway project before the completion of the preliminary

78-24 engineering phase of the project. In making that determination, the

78-25 commission shall evaluate whether turnkey procurement is the most cost

78-26 effective method of constructing the project on schedule and in satisfaction

78-27 of its transportation objectives.

78-28 5. Notwithstanding the provisions of chapter 332 of NRS, a regional

78-29 transportation commission may utilize a competitive negotiation

78-30 procurement process to procure rolling stock for a fixed guideway project.

78-31 The award of a contract under such a process must be made to the person

78-32 whose proposal is determined to be the most advantageous to the

78-33 commission, based on price and other factors specified in the procurement

78-34 documents.

78-35 6. If a commission develops a fixed guideway project, the department

78-36 of transportation is hereby designated to serve as the oversight agency to

78-37 ensure compliance with the federal safety regulations for rail fixed

78-38 guideway systems set forth in 49 C.F.R. Part 659.

78-39 7. As used in this section:

78-40 (a) ["Fully regulated carrier" means a common carrier or contract carrier

78-41 of passengers or household goods who is required to obtain from the

78-42 transportation services authority a certificate of public convenience and

79-1 necessity or a contract carrier’s permit and whose rates, routes and services

79-2 are subject to regulation by the transportation services authority.

79-3 (b)] "Minimum operable segment" means the shortest portion of a fixed

79-4 guideway system that is technically capable of providing viable public

79-5 transportation between two end points.

79-6 [(c)] (b) "Public transit system" means a system employing motor buses,

79-7 rails or any other means of conveyance, by whatever type of power,

79-8 operated for public use in the conveyance of persons.

79-9 [(d)] (c) "Turnkey procurement" means a competitive procurement

79-10 process by which a person is selected by a regional transportation

79-11 commission, based on evaluation criteria established by the commission, to

79-12 design, build, operate and maintain, or any combination thereof, a fixed

79-13 guideway system, or a portion thereof, in accordance with performance

79-14 criteria and technical specifications established by the commission.

79-15 Sec. 142. NRS 377A.140 is hereby amended to read as follows:

79-16 377A.140 [1. Except as otherwise provided in subsection 2, a] A

79-17 public transit system in a county whose population is 400,000 or more may,

79-18 in addition to providing local transportation within the county and the

79-19 services described in NRS 377A.130, provide:

79-20 [(a)] 1. Programs to reduce or manage motor vehicle traffic; and

79-21 [(b)] 2. Any other services for a public transit system which are

79-22 requested by the general public,

79-23 if those additional services are included and described in a long-range plan

79-24 adopted pursuant to 23 U.S.C. § 134 and 49 U.S.C. § 5303.

79-25 [2. Before a regional transportation commission may provide for an

79-26 on-call public transit system in an area of the county, other than an on-call

79-27 public transit system that provides the nonemergency medical

79-28 transportation described in NRS 377A.130, the commission must receive a

79-29 determination from the transportation services authority that:

79-30 (a) There are no common motor carriers of passengers who are

79-31 authorized to provide on-call operations for transporting passengers in that

79-32 area; or

79-33 (b) Although there are common motor carriers of passengers who are

79-34 authorized to provide on call operations for transporting passengers in the

79-35 area, the common motor carriers of passengers do not wish to provide, or

79-36 are not capable of providing, those operations.

79-37 3. As used in this section:

79-38 (a) "Common motor carrier of passengers" has the meaning ascribed to

79-39 it in NRS 706.041.

79-40 (b) "On-call public transit system" means a system established to

79-41 transport passengers only upon the request of a person who needs

79-42 transportation.]

80-1 Sec. 143. NRS 392.330 is hereby amended to read as follows:

80-2 392.330 1. In addition to the purposes authorized by NRS 392.320, a

80-3 board of trustees may use transportation [funds] money of the school

80-4 district for:

80-5 (a) Arranging and paying for transportation, in accordance with

80-6 subsection 2, by motor vehicles or otherwise, by contract or such other

80-7 arrangement as the board of trustees finds most economical, expedient and

80-8 feasible and for the best interests of the school district.

80-9 (b) Purchasing tickets at reduced rates for the transportation of pupils,

80-10 including, without limitation, homeless pupils, on public buses for use by

80-11 pupils enrolled in middle school, junior high school and high school to

80-12 travel to and from school.

80-13 2. Transportation may be arranged and contracted for by a board of

80-14 trustees with:

80-15 (a) Any railroad company holding a certificate of public convenience

80-16 and necessity issued by the public utilities commission of Nevada [or] , a

80-17 bus company or other [licensed] common carrier . [holding a certificate of

80-18 public convenience and necessity issued by the transportation services

80-19 authority.]

80-20 (b) The owners and operators of private automobiles or other private

80-21 motor vehicles, including parents of pupils who attend school and are

80-22 entitled to transportation. When required by the board of trustees, every

80-23 such private automobile or other private motor vehicle regularly

80-24 transporting pupils must be insured in the amount required by regulation of

80-25 the state board against the loss and damage described in subsection 2 of

80-26 NRS 392.320.

80-27 Sec. 144. NRS 427A.070 is hereby amended to read as follows:

80-28 427A.070 1. The administrator shall:

80-29 (a) Subject to the approval of the director, adopt rules and regulations:

80-30 (1) Necessary to carry out the purposes of this chapter; and

80-31 (2) Establishing a program to subsidize the transportation by taxicab

80-32 of the elderly and the permanently handicapped from money received

80-33 pursuant to subsection [5] 7 of NRS 706.8825;

80-34 (b) Establish appropriate administrative units within the division;

80-35 (c) Appoint such personnel and prescribe their duties as he deems

80-36 necessary for the proper and efficient performance of the functions of the

80-37 division;

80-38 (d) Prepare and submit to the governor, through the director before

80-39 September 1 of each even-numbered year for the biennium ending June 30

80-40 of such year, reports of activities and expenditures and estimates of sums

80-41 required to carry out the purposes of this chapter;

80-42 (e) Make certification for disbursement of funds available for carrying

80-43 out the purposes of this chapter; and

81-1 (f) Take such other action as may be necessary or appropriate for

81-2 cooperation with public and private agencies and otherwise to carry out the

81-3 purposes of this chapter.

81-4 2. The administrator may delegate to any officer or employee of the

81-5 division such of his powers and duties as he finds necessary to carry out the

81-6 purposes of this chapter.

81-7 Sec. 145. (Deleted by amendment.)

81-8 Sec. 146. NRS 482.3963 is hereby amended to read as follows:

81-9 482.3963 1. An owner of a vehicle who leases it to a carrier and

81-10 operates the vehicle pursuant to that lease may apply to the department for

81-11 a temporary permit to operate the vehicle if the vehicle:

81-12 (a) Is not subject to the provisions of NRS 482.390 and 482.395;

81-13 (b) Is not currently registered in this state, another state or a foreign

81-14 country; and

81-15 (c) Is operated at the vehicle’s unladen weight.

81-16 2. The department shall charge $10 for such a temporary permit, in

81-17 addition to all other applicable fees and taxes.

81-18 3. Such a temporary permit must:

81-19 (a) Bear the date of its expiration;

81-20 (b) Expire at 5 p.m. on the 15th day after its date of issuance;

81-21 (c) Be affixed to the vehicle in a manner prescribed by the department;

81-22 and

81-23 (d) Be removed and destroyed upon its expiration or upon the issuance

81-24 of a certificate of registration for the vehicle, whichever occurs first.

81-25 4. As used in this section, "carrier" means a common motor carrier of

81-26 passengers as defined in NRS 706.041, a common motor carrier of property

81-27 as defined in NRS 706.046, a contract motor carrier as defined in NRS

81-28 706.051, [or] a private motor carrier of property as defined in NRS 706.111

81-29 [.] , a taxicab motor carrier as defined in NRS 706.126, a limousine

81-30 motor carrier as defined in section 5 of this act or a carrier of household

81-31 goods as defined in section 2.5 of this act.

81-32 Sec. 147. NRS 483.160 is hereby amended to read as follows:

81-33 483.160 1. "School bus" means every motor vehicle owned by or

81-34 under the control of a public or governmental agency or a private school

81-35 and regularly operated for the transportation of children to or from school

81-36 or a school activity or privately owned and regularly operated for

81-37 compensation for the transportation of children to or from school or a

81-38 school activity.

81-39 2. "School bus" does not include a passenger car operated under a

81-40 contract to transport children to and from school, a common carrier or

81-41 commercial vehicle under the jurisdiction of the Surface Transportation

81-42 Board [or the transportation services authority] when such a vehicle is

82-1 operated in the regular conduct of its business in interstate or intrastate

82-2 commerce within the State of Nevada.

82-3 Sec. 148. NRS 484.148 is hereby amended to read as follows:

82-4 484.148 1. "School bus" means every motor vehicle owned by or

82-5 under the control of a public or governmental agency or a private school

82-6 and regularly operated for the transportation of children to or from school

82-7 or a school activity or privately owned and regularly operated for

82-8 compensation for the transportation of children to or from school or a

82-9 school activity.

82-10 2. "School bus" does not include a passenger car operated under a

82-11 contract to transport children to and from school, a common carrier or

82-12 commercial vehicle under the jurisdiction of the Surface Transportation

82-13 Board [or the transportation services authority] when such a vehicle is

82-14 operated in the regular conduct of its business in interstate or intrastate

82-15 commerce within the State of Nevada.

82-16 Sec. 149. NRS 487.038 is hereby amended to read as follows:

82-17 487.038 1. Except as otherwise provided in subsections 3 and 4, the

82-18 owner or person in lawful possession of any real property may, after giving

82-19 notice pursuant to subsection 2, utilize the services of any [tow car]

82-20 operator of a tow car subject to the jurisdiction of the transportation

82-21 services authority to remove any vehicle parked in an unauthorized manner

82-22 on that property to the nearest public garage or storage yard if:

82-23 (a) A sign is displayed in plain view on the property declaring public

82-24 parking to be prohibited or restricted in a certain manner; and

82-25 (b) The sign shows the telephone number of the police department or

82-26 sheriff’s office.

82-27 2. Oral notice must be given to the police department or sheriff’s

82-28 office, whichever is appropriate, indicating:

82-29 (a) The time the vehicle was removed;

82-30 (b) The location from which the vehicle was removed; and

82-31 (c) The location to which the vehicle was taken.

82-32 3. Any vehicle which is parked in a space designated for the

82-33 handicapped and is not properly marked for such parking may be removed

82-34 if notice is given to the police department or sheriff’s office pursuant to

82-35 subsection 2, whether or not a sign is displayed pursuant to subsection 1.

82-36 4. The owner or person in lawful possession of residential real property

82-37 upon which a single-family dwelling is located may, after giving notice

82-38 pursuant to subsection 2, utilize the services of any [tow car] operator of a

82-39 tow car subject to the jurisdiction of the transportation services authority to

82-40 remove any vehicle parked in an unauthorized manner on that property to

82-41 the nearest public garage or storage yard, whether or not a sign is displayed

82-42 pursuant to subsection 1.

83-1 5. All costs incurred, under the provisions of this section, for towing

83-2 and storage must be borne by the owner of the vehicle, as that term is

83-3 defined in NRS 484.091.

83-4 6. The provisions of this section do not limit or affect any rights or

83-5 remedies which the owner or person in lawful possession of real property

83-6 may have by virtue of other provisions of the law authorizing the removal

83-7 of a vehicle parked on that property.

83-8 Sec. 150. NRS 565.040 is hereby amended to read as follows:

83-9 565.040 1. The director may declare any part of this state a brand

83-10 inspection district.

83-11 2. After the creation of any brand inspection district as authorized by

83-12 this chapter all animals within any such district are subject to brand

83-13 inspection in accordance with the provisions of this chapter before:

83-14 (a) Consignment for slaughter within any district;

83-15 (b) Any transfer of ownership by sale or otherwise; or

83-16 (c) Removal from the district if the removal is not authorized pursuant

83-17 to a livestock movement permit issued by the department.

83-18 3. If a brand inspection district is created by the department pursuant to

83-19 the provisions of this chapter, the director shall adopt regulations defining

83-20 the boundaries of the district and the fees to be collected for brand

83-21 inspection and prescribing such other methods of procedure not

83-22 inconsistent with the provisions of this chapter as he considers necessary.

83-23 4. Any regulations adopted pursuant to the provisions of this section

83-24 must be published at least twice in a newspaper having a general circulation

83-25 in the brand inspection district created by the regulations . [, and copies of

83-26 the regulations must be mailed to all common carriers of record with the

83-27 transportation services authority operating in the brand inspection district.]

83-28 Such publication and notification constitutes legal notice of the creation of

83-29 the brand inspection district. The expense of advertising and notification

83-30 must be paid from the livestock inspection account.

83-31 Sec. 151. NRS 599B.010 is hereby amended to read as follows:

83-32 599B.010 As used in this chapter, unless the context otherwise

83-33 requires:

83-34 1. "Chance promotion" means any plan in which premiums are

83-35 distributed by random or chance selection.

83-36 2. "Commissioner" means the commissioner of consumer affairs.

83-37 3. "Consumer" means a person who is solicited by a seller or salesman.

83-38 4. "Division" means the consumer affairs division of the department of

83-39 business and industry.

83-40 5. "Donation" means a promise, grant or pledge of money, credit,

83-41 property, financial assistance or other thing of value given in response to a

83-42 solicitation by telephone, including, but not limited to, a payment or

83-43 promise to pay in consideration for a performance, event or sale of goods

84-1 or services. The term does not include volunteer services, government

84-2 grants or contracts or a payment by members of any organization of

84-3 membership fees, dues, fines or assessments or for services rendered by the

84-4 organization to those persons, if:

84-5 (a) The fees, dues, fines, assessments or services confer a bona fide

84-6 right, privilege, professional standing, honor or other direct benefit upon

84-7 the member; and

84-8 (b) Membership in the organization is not conferred solely in

84-9 consideration for making a donation in response to a solicitation.

84-10 6. "Goods or services" means any property, tangible or intangible, real,

84-11 personal or mixed, and any other article, commodity or thing of value.

84-12 7. "Premium" includes any prize, bonus, award, gift or any other

84-13 similar inducement or incentive to purchase.

84-14 8. "Recovery service" means a business or other practice whereby a

84-15 person represents or implies that he will, for a fee, recover any amount of

84-16 money that a consumer has provided to a seller or salesman pursuant to a

84-17 solicitation governed by the provisions of this chapter.

84-18 9. "Salesman" means any person:

84-19 (a) Employed or authorized by a seller to sell, or to attempt to sell,

84-20 goods or services by telephone;

84-21 (b) Retained by a seller to provide consulting services relating to the

84-22 management or operation of the seller’s business; or

84-23 (c) Who communicates on behalf of a seller with a consumer:

84-24 (1) In the course of a solicitation by telephone; or

84-25 (2) For the purpose of verifying, changing or confirming an order,

84-26 except that a person is not a salesman if his only function is to identify a

84-27 consumer by name only and he immediately refers the consumer to a

84-28 salesman.

84-29 10. Except as otherwise provided in subsection 11, "seller" means any

84-30 person who, on his own behalf, causes or attempts to cause a solicitation by

84-31 telephone to be made through the use of one or more salesmen or any

84-32 automated dialing announcing device under any of the following

84-33 circumstances:

84-34 (a) The person initiates contact by telephone with a consumer and

84-35 represents or implies:

84-36 (1) That a consumer who buys one or more goods or services will

84-37 receive additional goods or services, whether or not of the same type as

84-38 purchased, without further cost, except for actual postage or common

84-39 carrier charges;

84-40 (2) That a consumer will or has a chance or opportunity to receive a

84-41 premium;

84-42 (3) That the items for sale are gold, silver or other precious metals,

84-43 diamonds, rubies, sapphires or other precious stones, or any interest in oil,

85-1 gas or mineral fields, wells or exploration sites or any other investment

85-2 opportunity;

85-3 (4) That the product offered for sale is information or opinions

85-4 relating to sporting events;

85-5 (5) That the product offered for sale is the services of a recovery

85-6 service; or

85-7 (6) That the consumer will receive a premium , or goods or services if

85-8 he makes a donation;

85-9 (b) The solicitation by telephone is made by the person in response to

85-10 inquiries from a consumer generated by a notification or communication

85-11 sent or delivered to the consumer that represents or implies:

85-12 (1) That the consumer has been in any manner specially selected to

85-13 receive the notification or communication or the offer contained in the

85-14 notification or communication;

85-15 (2) That the consumer will receive a premium if the recipient calls the

85-16 person;

85-17 (3) That if the consumer buys one or more goods or services from the

85-18 person, the consumer will also receive additional or other goods or

85-19 services, whether or not the same type as purchased, without further cost or

85-20 at a cost that the person represents or implies is less than the regular price

85-21 of the goods or services;

85-22 (4) That the product offered for sale is the services of a recovery

85-23 service; or

85-24 (5) That the consumer will receive a premium or goods or services if

85-25 he makes a donation; or

85-26 (c) The solicitation by telephone is made by the person in response to

85-27 inquiries generated by advertisements that represent or imply that the

85-28 person is offering to sell any:

85-29 (1) Gold, silver or other metals, including coins, diamonds, rubies,

85-30 sapphires or other stones, coal or other minerals or any interest in oil, gas

85-31 or other mineral fields, wells or exploration sites, or any other investment

85-32 opportunity;

85-33 (2) Information or opinions relating to sporting events; or

85-34 (3) Services of a recovery service.

85-35 11. "Seller" does not include:

85-36 (a) A person licensed pursuant to chapter 90 of NRS when soliciting

85-37 offers, sales or purchases within the scope of his license.

85-38 (b) A person licensed pursuant to chapter 119A, 119B, 624, 645 or

85-39 696A of NRS when soliciting sales within the scope of his license.

85-40 (c) A person licensed as an insurance broker, agent or solicitor when

85-41 soliciting sales within the scope of his license.

86-1 (d) Any solicitation of sales made by the publisher of a newspaper or

86-2 magazine or by an agent of the publisher pursuant to a written agreement

86-3 between the agent and publisher.

86-4 (e) A broadcaster soliciting sales who is licensed by any state or federal

86-5 authority, if the solicitation is within the scope of the broadcaster’s license.

86-6 (f) A person who solicits a donation from a consumer when:

86-7 (1) The person represents or implies that the consumer will receive a

86-8 premium or goods or services with an aggregated fair market value of 2

86-9 percent of the donation or $50, whichever is less; or

86-10 (2) The consumer provides a donation of $50 or less in response to

86-11 the solicitation.

86-12 (g) A charitable organization which is registered or approved to conduct

86-13 a lottery pursuant to chapter 462 of NRS.

86-14 (h) A public utility [or] , taxicab motor carrier or limousine motor

86-15 carrier which is regulated pursuant to chapter 704 or 706 of NRS, or [by]

86-16 an affiliate of such a utility or [motor] carrier, if the solicitation is within

86-17 the scope of its certificate or [license.] permit.

86-18 (i) A utility which is regulated pursuant to chapter 710 of NRS, or [by]

86-19 an affiliate of such a utility.

86-20 (j) A person soliciting the sale of books, recordings, video cassettes,

86-21 software for computer systems or similar items through:

86-22 (1) An organization whose method of sales is governed by the

86-23 provisions of Part 425 of Title 16 of the Code of Federal Regulations

86-24 relating to the use of negative option plans by sellers in commerce;

86-25 (2) The use of continuity plans, subscription arrangements,

86-26 arrangements for standing orders, supplements, and series arrangements

86-27 pursuant to which the person periodically ships merchandise to a consumer

86-28 who has consented in advance to receive the merchandise on a periodic

86-29 basis and has the opportunity to review the merchandise for at least 10 days

86-30 and return it for a full refund within 30 days after it is received; or

86-31 (3) An arrangement pursuant to which the person ships merchandise

86-32 to a consumer who has consented in advance to receive the merchandise

86-33 and has the opportunity to review the merchandise for at least 10 days and

86-34 return it for a full refund within 30 days after it is received.

86-35 (k) A person who solicits sales by periodically publishing and delivering

86-36 a catalog to consumers if the catalog:

86-37 (1) Contains a written description or illustration of each item offered

86-38 for sale and the price of each item;

86-39 (2) Includes the business address of the person;

86-40 (3) Includes at least 24 pages of written material and illustrations;

86-41 (4) Is distributed in more than one state; and

86-42 (5) Has an annual circulation by mailing of not less than 250,000.

87-1 (l) A person soliciting without the intent to complete and who does not

87-2 complete, the sales transaction by telephone but completes the sales

87-3 transaction at a later face-to-face meeting between the solicitor and the

87-4 consumer, if the person, after soliciting a sale by telephone, does not cause

87-5 another person to collect the payment from or deliver any goods or services

87-6 purchased to the consumer.

87-7 (m) Any commercial bank, bank holding company, subsidiary or

87-8 affiliate of a bank holding company, trust company, savings and loan

87-9 association, credit union, industrial loan company, personal property

87-10 broker, consumer finance lender, commercial finance lender, or insurer

87-11 subject to regulation by an official or agency of this state or of the United

87-12 States, if the solicitation is within the scope of the certificate or license held

87-13 by the entity.

87-14 (n) A person holding a certificate of authority issued pursuant to chapter

87-15 452 of NRS when soliciting sales within the scope of the certificate.

87-16 (o) A person licensed pursuant to chapter 689 of NRS when soliciting

87-17 sales within the scope of his license.

87-18 (p) A person soliciting the sale of services provided by a community

87-19 antenna television company subject to regulation pursuant to chapter 711 of

87-20 NRS.

87-21 (q) A person soliciting the sale of agricultural products, if the

87-22 solicitation is not intended to and does not result in a sale of more than

87-23 $100 that is to be delivered to one address. As used in this paragraph,

87-24 "agricultural products" has the meaning ascribed to it in NRS 587.290.

87-25 (r) A person who has been operating, for at least 2 years, a retail

87-26 business establishment under the same name as that used in connection with

87-27 the solicitation of sales by telephone if, on a continuing basis:

87-28 (1) Goods are displayed and offered for sale or services are offered

87-29 for sale and provided at the person’s business establishment; and

87-30 (2) At least 50 percent of the person’s business involves the buyer

87-31 obtaining such goods or services at the person’s business establishment.

87-32 (s) A person soliciting only the sale of telephone answering services to

87-33 be provided by the person or his employer.

87-34 (t) A person soliciting a transaction regulated by the Commodity Futures

87-35 Trading Commission, if:

87-36 (1) The person is registered with or temporarily licensed by the

87-37 Commission to conduct that activity pursuant to the Commodity Exchange

87-38 Act , [(] 7 U.S.C. §§ 1 et seq. ; [);] and

87-39 (2) The registration or license has not expired or been suspended or

87-40 revoked.

87-41 (u) A person who contracts for the maintenance or repair of goods

87-42 previously purchased from the person:

87-43 (1) Making the solicitation; or

88-1 (2) On whose behalf the solicitation is made.

88-2 (v) A person to whom a license to operate an information service or a

88-3 nonrestricted gaming license, which is current and valid, has been issued

88-4 pursuant to chapter 463 of NRS when soliciting sales within the scope of

88-5 his license.

88-6 (w) A person who solicits a previous customer of the business on whose

88-7 behalf the call is made if the person making the call:

88-8 (1) Does not offer the customer any premium in connection with the

88-9 sale;

88-10 (2) Is not selling an investment or an opportunity for an investment

88-11 that is not registered with any state or federal authority; and

88-12 (3) Is not regularly engaged in telephone sales.

88-13 (x) A person who solicits the sale of livestock.

88-14 (y) An issuer which has a class of securities that is listed on the New

88-15 York Stock Exchange, the American Stock Exchange or the National

88-16 Market System of the National Association of Securities Dealers

88-17 Automated Quotation System.

88-18 (z) A subsidiary of an issuer that qualifies for exemption pursuant to

88-19 paragraph (y) if at least 60 percent of the voting power of the shares of the

88-20 subsidiary is owned by the issuer.

88-21 Sec. 151.5. Section 1 of Assembly Bill No. 677 of this session is

88-22 hereby amended to read as follows:

88-23 Section 1. Chapter 706 of NRS is hereby amended by adding

88-24 thereto a new section to read as follows:

88-25 1. Notwithstanding any provision of this section and NRS

88-26 [706.011 to 706.791,] 706.881 to 706.885, inclusive, and [this

88-27 section] sections 12 to 21, inclusive, of Senate Bill No. 491 of this

88-28 session to the contrary, if the registered owner of a vehicle which is

88-29 impounded pursuant to NRS [706.476] 706.88395 is a short-term

88-30 lessor licensed pursuant to NRS 482.363 who is engaged in the

88-31 business of renting or leasing vehicles in accordance with NRS

88-32 482.295 to 482.3159, inclusive, the registered owner is not liable

88-33 for any administrative fine or other penalty that may be imposed by

88-34 [the] a taxicab authority for the operation of a passenger vehicle in

88-35 violation of NRS [706.011 to 706.791,] 706.881 to 706.885,

88-36 inclusive, and sections 12 to 21, inclusive, of Senate Bill No. 491

88-37 of this session, if at the time that the vehicle was impounded, the

88-38 vehicle was in the care, custody or control of a lessee.

88-39 2. A short-term lessor may establish that a vehicle was subject

88-40 to the care, custody or control of a lessee at the time that the vehicle

88-41 was impounded pursuant to NRS [706.476] 706.88395 by

88-42 submitting to the taxicab authority a true copy of the lease or rental

88-43 agreement pursuant to which the vehicle was leased or rented to the

89-1 lessee by the short-term lessor. The submission of a true copy of a

89-2 lease or rental agreement is prima facie evidence that the vehicle

89-3 was in the care, custody or control of the lessee.

89-4 3. Upon the receipt of a true copy of a written lease or rental

89-5 agreement pursuant to subsection 2 which evidences that the vehicle

89-6 impounded by the taxicab authority pursuant to NRS [706.476]

89-7 706.88395 was under the care, custody or control of a lessee and

89-8 not the registered owner of the vehicle, the taxicab authority shall

89-9 release the vehicle to the short-term lessor.

89-10 4. As used in this section, "short-term lessor" has the meaning

89-11 ascribed to it in NRS 482.053.

89-12 Sec. 151.7. The title of Assembly Bill No. 677 of this session is

89-13 hereby amended to read as follows:

89-14 AN ACT relating to vehicles; providing immunity under certain

89-15 circumstances for short-term lessors of vehicles from

89-16 administrative fines and other penalties that may be

89-17 imposed by [the transportation services] a taxicab

89-18 authority for vehicles leased by short-term lessors that are

89-19 operated in passenger service without a certificate of

89-20 public convenience and necessity; providing for the

89-21 release of such a vehicle impounded by [the

89-22 transportation services] a taxicab authority to a short-

89-23 term lessor; and providing other matters properly relating

89-24 thereto.

89-25 Sec. 151.8. Section 5 of Senate Bill No. 68 of this session is hereby

89-26 amended to read as follows:

89-27 Sec. 5. "Category II peace officer" means:

89-28 1. The bailiff of the supreme court;

89-29 2. The bailiffs of the district courts, justices’ courts and

89-30 municipal courts whose duties require them to carry weapons and

89-31 make arrests;

89-32 3. Constables and their deputies whose official duties require

89-33 them to carry weapons and make arrests;

89-34 4. Inspectors employed by the transportation services authority

89-35 who exercise those powers of enforcement conferred by chapters

89-36 706 and 712 of NRS;

89-37 5. Parole and probation officers;

89-38 6. Special investigators who are employed full time by the

89-39 office of any district attorney or the attorney general;

89-40 7. Investigators of arson for fire departments who are specially

89-41 designated by the appointing authority;

89-42 8. The assistant and deputies of the state fire marshal;

90-1 9. The brand inspectors of the division of agriculture of the

90-2 department of business and industry who exercise the powers of

90-3 enforcement conferred by chapter 565 of NRS;

90-4 10. Investigators for the state forester firewarden who are

90-5 specially designated by him and whose primary duties are related to

90-6 the investigation of arson;

90-7 11. School police officers employed by the board of trustees of

90-8 any county school district;

90-9 12. Agents of the state gaming control board who exercise the

90-10 powers of enforcement specified in NRS 289.360, 463.140 or

90-11 463.1405, except those agents whose duties relate primarily to

90-12 auditing, accounting, the collection of taxes or license fees, or the

90-13 investigation of applicants for licenses;

90-14 13. Investigators and administrators of the bureau of

90-15 enforcement of the registration division of the department of motor

90-16 vehicles and public safety who perform the duties specified in

90-17 subsection 3 of NRS 481.048;

90-18 14. Officers and investigators of the section for the control of

90-19 emissions from vehicles of the registration division of the

90-20 department of motor vehicles and public safety who perform the

90-21 duties specified in subsection 3 of NRS 481.0481;

90-22 15. Legislative police officers of the State of Nevada;

90-23 16. The personnel of the capitol police division of the

90-24 department of motor vehicles and public safety appointed pursuant

90-25 to subsection 2 of NRS 331.140;

90-26 17. Parole counselors of the division of child and family

90-27 services of the department of human resources;

90-28 18. Juvenile probation officers and deputy juvenile probation

90-29 officers employed by the various judicial districts in the State of

90-30 Nevada or by a department of family, youth and juvenile services

90-31 established pursuant to NRS 62.1264 whose official duties require

90-32 them to enforce court orders on juvenile offenders and make arrests;

90-33 19. Field investigators of [the] a taxicab authority;

90-34 20. Security officers employed full time by a city or county

90-35 whose official duties require them to carry weapons and make

90-36 arrests;

90-37 21. The chief of a department of alternative sentencing created

90-38 pursuant to NRS 211A.080 and the assistant alternative sentencing

90-39 officers employed by that department; and

90-40 22. Criminal investigators who are employed by the secretary

90-41 of state.

91-1 Sec. 152. 1. NRS 706.018, 706.021, 706.056, 706.072, 706.1512,

91-2 706.1514, 706.158, 706.168, 706.266, 706.282, 706.356, 706.371,

91-3 706.396, 706.436, 706.471, 706.6411, 706.749, 706.8811, 706.8812,

91-4 706.8813, 706.8814, 706.8816, 706.8817, 706.8818 and 706.8828 are

91-5 hereby repealed.

91-6 2. Section 4 of Assembly Bill No. 677 of this session is hereby

91-7 repealed.

91-8 Sec. 153. Any regulations relating to liability insurance adopted by the

91-9 transportation services authority pursuant to NRS 706.291, 706.303 or

91-10 706.305, or the taxicab authority created pursuant to former NRS

91-11 706.8818, remain in force until amended by the department of motor

91-12 vehicles and public safety. On and after October 1, 1999, such regulations

91-13 must be enforced by the department of motor vehicles and public safety.

91-14 Sec. 154. On October 1, 1999, the transportation services authority

91-15 and the taxicab authority created pursuant to former NRS 706.8818 shall

91-16 forward to the department of motor vehicles and public safety all liability

91-17 insurance policies, certificates of insurance, bonds of a surety company and

91-18 other surety which have been filed with the transportation services authority

91-19 and the taxicab authority created pursuant to former NRS 706.8818.

91-20 Sec. 155. 1. Except to the extent of any inconsistency with the

91-21 provisions of chapter 706 of NRS, any regulation adopted by the

91-22 transportation services authority remains in effect in the counties which

91-23 were not otherwise subject to the jurisdiction of the taxicab authority

91-24 created pursuant to former NRS 706.8818 until the date on which the

91-25 regulations adopted by the taxicab authority for northern Nevada pursuant

91-26 to section 157 of this act become effective. The regulations of the

91-27 transportation services authority must be enforced by the taxicab authority

91-28 for northern Nevada during the period between October 1, 1999, and the

91-29 date on which the regulations adopted by the taxicab authority for northern

91-30 Nevada pursuant to section 157 of this act become effective.

91-31 2. Any contracts or other agreements entered into on or before

91-32 September 30, 1999, by the transportation services authority relating to the

91-33 taxicab or limousine business are binding upon the taxicab authority which

91-34 has jurisdiction over the taxicabs or limousines that are subject to the

91-35 provisions of the contracts or other agreements. Such contracts and

91-36 agreements may be enforced by the taxicab authority for northern Nevada.

91-37 Sec. 156. 1. Except to the extent of any inconsistency with the

91-38 provisions of chapter 706 of NRS, any regulation adopted by the taxicab

91-39 authority created pursuant to former NRS 706.8818 remains in force in the

91-40 county which was subject to the jurisdiction of that taxicab authority until

91-41 the date on which the regulations adopted by the taxicab authority for

91-42 southern Nevada pursuant to section 157 of this act become effective. The

91-43 regulations of the taxicab authority created pursuant to former NRS

92-1 706.8818 must be enforced by the taxicab authority for southern Nevada

92-2 during the period between October 1, 1999, and the date on which the

92-3 regulations adopted by the taxicab authority for southern Nevada pursuant

92-4 to section 157 of this act become effective.

92-5 2. Any contracts or other agreements entered into on or before

92-6 September 30, 1999, by the taxicab authority created pursuant to former

92-7 NRS 706.8818 are binding upon the taxicab authority for southern Nevada.

92-8 Such contracts and agreements may be enforced by the taxicab authority for

92-9 southern Nevada.

92-10 Sec. 157. Not later than January 1, 2000, the taxicab authority for

92-11 southern Nevada and the taxicab authority for northern Nevada shall adopt

92-12 such regulations as are necessary to carry out the provisions of NRS

92-13 706.881 to 706.885, inclusive, and sections 12 to 21, inclusive, of this act.

92-14 Sec. 158. The board of county commissioners for each county

92-15 required to enact an ordinance pursuant to section 20 of this act, relating to

92-16 the regulation of taxicab motor carriers and limousine motor carriers that

92-17 are based and primarily operate within the jurisdiction of the board of

92-18 county commissioners shall enact such an ordinance not later than October

92-19 1, 1999. The ordinance must become effective on October 1, 1999.

92-20 Sec. 159. 1. Notwithstanding any specific statute to the contrary, the

92-21 terms of office of all members of the taxicab authority created pursuant to

92-22 NRS 706.8818 expire on September 30, 1999.

92-23 2. Not later than October 1, 1999, the governor shall appoint three

92-24 persons as members of the taxicab authority for southern Nevada, whose

92-25 terms commence on October 1, 1999. Notwithstanding the provisions of

92-26 section 12 of this act to the contrary, for the initial terms of the members of

92-27 the taxicab authority for southern Nevada, the governor shall appoint:

92-28 (a) Two members to 4-year terms; and

92-29 (b) One member to a 3-year term.

92-30 Sec. 160. 1. Not later than October 1, 1999, the governor shall

92-31 appoint three persons as members of the taxicab authority for northern

92-32 Nevada, whose terms commence on October 1, 1999.

92-33 2. Notwithstanding the provisions of section 13 of this act to the

92-34 contrary, for the initial terms of the members of the taxicab authority for

92-35 northern Nevada, the governor shall appoint, in addition to the appointment

92-36 of the sheriff of a county whose population is 100,000 or more but less than

92-37 400,000:

92-38 (a) One member to a 4-year term; and

92-39 (b) One member to a 3-year term.

92-40 Sec. 161. On October 1, 1999, the state controller shall transfer all

92-41 assets and liabilities from the taxicab authority fund abolished pursuant to

92-42 section 118 of this act to the taxicab authority regulatory fund for southern

92-43 Nevada created pursuant to section 118 of this act.

93-1 Sec. 161.3. Notwithstanding any provision of section 116 of this act to

93-2 the contrary, a taxicab authority shall not establish a system of allocations

93-3 for limousines in accordance with section 116 of this act on or before

93-4 March 1, 2000.

93-5 Sec. 161.7. 1. On October 1, 1999, the transportation services

93-6 authority shall, with respect to each application for a certificate of public

93-7 convenience and necessity to operate as a taxicab motor carrier or

93-8 limousine motor carrier which has been filed with it and which it has not

93-9 approved or denied as of that date, transfer the application:

93-10 (a) To the appropriate taxicab authority that has jurisdiction over the

93-11 applicant; or

93-12 (b) If the applicant is based and will primarily operate in a county that

93-13 has enacted an ordinance pursuant to section 20 of this act to exclude the

93-14 county from the jurisdiction of a taxicab authority, to the board of county

93-15 commissioners of that county.

93-16 2. An application that is transferred to a taxicab authority pursuant to

93-17 subsection 1 shall be deemed to have been filed with the taxicab authority.

93-18 Sec. 162. The taxicab authority created pursuant to NRS 706.8818 and

93-19 the transportation services authority shall cooperate fully and take all

93-20 reasonable steps before October 1, 1999, to ensure that the provisions of

93-21 this act are carried out in an orderly fashion.

93-22 Sec. 162.5. The amendatory provisions of this act do not apply to

93-23 offenses that were committed before October 1, 1999.

93-24 Sec. 163. 1. This section, sections 20 and 21, subsection 2 of section

93-25 152 and sections 158, 159, 160 and 162 of this act become effective upon

93-26 passage and approval.

93-27 2. Sections 1 to 19, inclusive, 22 to 96, inclusive, 97 to 107, inclusive,

93-28 109 to 134.5, inclusive, 136 to 151, inclusive, 151.8, subsection 1 of

93-29 section 152 and sections 153 to 157, inclusive, 161, 161.3, 161.7, 162.5

93-30 and 164 of this act become effective on October 1, 1999.

93-31 3. Sections 108, 135, 151.5 and 151.7 of this act become effective at

93-32 12:01 a.m. on October 1. 1999.

93-33 Sec. 164. Sections 17, 18 and 19 of this act expire by limitation on the

93-34 date on which the provisions of 42 U.S.C. § 666 requiring each state to

93-35 establish procedures under which the state has authority to withhold or

93-36 suspend, or to restrict the use of professional, occupational and recreational

93-37 licenses of persons who:

93-38 1. Have failed to comply with a subpoena or warrant relating to a

93-39 proceeding to determine the paternity of a child or to establish or enforce

93-40 an obligation for the support of a child; or

93-41 2. Are in arrears in the payment for the support of one or more

93-42 children,

93-43 are repealed by the Congress of the United States.

 

94-1 LEADLINES OF REPEALED SECTIONS

94-2 706.018 "Authority" defined.

94-3 706.021 "Broker" defined.

94-4 706.056 "Converter gear dolly" defined.

94-5 706.072 "Fully regulated carrier" defined.

94-6 706.1512 Authority: Designation of chairman by governor;

94-7 executive officer; members in unclassified service of state.

94-8 706.1514 Authority: Power of majority of members; exercise of

94-9 power and conduct of business by majority of members; hearings.

94-10 706.158 Inapplicability of provisions governing brokers to motor

94-11 clubs and charitable organizations.

94-12 706.168 Supervision of motor carriers separate from supervision

94-13 of brokers.

94-14 706.266 Intrastate motor carriers required to furnish information

94-15 to authority.

94-16 706.282 Duty of fully regulated carrier that advertises to provide

94-17 to person who publishes or distributes advertisement of certain

94-18 information regarding natural person who requested advertisement;

94-19 duty of person who publishes or distributes advertisement of fully

94-20 regulated carrier to provide certain information to authority.

94-21 706.356 Certain free transportation prohibited.

94-22 706.371 Powers of authority to regulate contract motor carriers.

94-23 706.396 Effect of denial of certificate.

94-24 706.436 Effect of denial of permit.

94-25 706.471 Annual fee; penalty and interest.

94-26 706.6411 Procedure; limitation on transfer of stock of corporate

94-27 motor carriers other than operators of tow cars.

94-28 706.749 Permit for employer transporting employees between

94-29 place of work and homes or central areas for parking; requirements.

94-30 706.8811 Definitions.

94-31 706.8812 "Administrator" defined.

94-32 706.8813 "Certificate holder" defined.

94-33 706.8814 "Driver" defined.

94-34 706.8816 "Taxicab" defined.

94-35 706.8817 "Taximeter" defined.

94-36 706.8818 Appointment, number, qualifications and compensation

94-37 of members; principal office; regulations.

94-38 706.8828 Insurance.

~