requires two-thirds majority vote (§§ 4, 5)                                                                                    

                                                                                                  

 

Senate Bill No. 270–Committee on Transportation

 

(On Behalf of Transportation Services Authority)

 

March 2, 2001

____________

 

Referred to Committee on Transportation

 

SUMMARY—Makes various changes to provisions governing fully regulated carriers. (BDR 58‑553)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to transportation; imposing an annual fee upon certain fully regulated carriers; making various changes governing fully regulated carriers of passengers; requiring the drivers of fully regulated carriers of passengers to obtain drivers’ permits; imposing a fee for the issuance and renewal of such a permit; establishing standards of conduct for such drivers; providing for the impoundment of certain vehicles by the transportation services authority; 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 15, inclusive, of this act.

1-3    Sec. 2.  “Enforcement officer” means a member of the authority, a

1-4  manager of transportation of the authority or any other employee

1-5  designated by the authority to enforce the provisions of this chapter.

1-6    Sec. 3.  “Fully regulated carrier of passengers” means a common

1-7  carrier or contract carrier of passengers that is required to obtain from

1-8  the authority a certificate of public convenience and necessity. The term

1-9  includes, without limitation, a holder of a certificate that operates a

1-10  taxicab or a limousine.

1-11    Sec. 4.  A fully regulated carrier, other than a fully regulated carrier

1-12  that operates taxicabs or an operator of a tow car, shall pay to the

1-13  authority a fee of not more than $350 per year for each vehicle that the

1-14  authority has authorized the carrier to operate.

1-15    Sec. 5.  1.  A member or the deputy of the authority shall issue a

1-16  driver’s permit to each qualified person who wishes to be employed as a

1-17  driver by a fully regulated carrier of passengers. Before a member or the

2-1  deputy of the authority may issue a driver’s permit pursuant to this

2-2  section, the member or deputy shall:

2-3    (a) Require the applicant for the driver’s permit to submit a complete

2-4  set of his fingerprints and written permission authorizing the authority to

2-5  forward the fingerprints to the central repository for Nevada records of

2-6  criminal history for submission to the Federal Bureau of Investigation

2-7  for its report, and shall further investigate the background of the

2-8  applicant; and

2-9    (b) Require proof that the applicant:

2-10      (1) Has been a resident of this state for at least 30 days before the

2-11  date on which he filed his application for the driver’s permit;

2-12      (2) Can read and orally communicate in the English language; and

2-13      (3) Has a valid and appropriate license issued pursuant to NRS

2-14  483.340 which authorizes him to drive in this state the vehicle he will be

2-15  employed to drive.

2-16    2.  A member or the deputy of the authority may refuse to issue a

2-17  driver’s permit to an applicant if the applicant has been convicted of:

2-18    (a) A felony, other than a sexual offense, in this state or any other

2-19  jurisdiction within the 5 years immediately preceding the date on which

2-20  he filed his application;

2-21    (b) A felony involving any sexual offense in this state or any other

2-22  jurisdiction at any time before the date on which he filed his application;

2-23  or

2-24    (c) A violation of NRS 484.379 or 484.3795, or a law in another

2-25  jurisdiction that prohibits the same or similar conduct, within the 3 years

2-26  immediately preceding the date on which he filed his application.

2-27    3.  A member or the deputy of the authority may refuse to issue a

2-28  driver’s permit to an applicant if, after the investigation of the

2-29  background of the applicant, the member or deputy of the authority

2-30  reasonably determines that the applicant is morally unfit or that the

2-31  issuance of a driver’s permit to the applicant would be detrimental to

2-32  public health, welfare or safety.

2-33    4.  There must be paid to the authority for:

2-34    (a) The issuance of an original driver’s permit, a fee of $50.

2-35    (b) The renewal of a driver’s permit, a fee of $25.

2-36    Sec. 6.  An application for the issuance of a driver’s permit must

2-37  include the social security number of the applicant.

2-38    Sec. 7.  1.  An applicant for the issuance or renewal of a driver’s

2-39  permit shall submit to the authority the statement prescribed by the

2-40  welfare division of the department of human resources pursuant to NRS

2-41  425.520. The statement must be completed and signed by the applicant.

2-42    2.  The authority shall include the statement required pursuant to

2-43  subsection 1 in:

2-44    (a) The application or any other forms that must be submitted for the

2-45  issuance or renewal of the driver’s permit; or

2-46    (b) A separate form prescribed by the authority.

2-47    3.  A driver’s permit may not be issued or renewed by the authority if

2-48  the applicant:

2-49    (a) Fails to submit the statement required pursuant to subsection 1; or

3-1    (b) Indicates on the statement submitted pursuant to subsection 1 that

3-2  he is subject to a court order for the support of a child and is not in

3-3  compliance with the order or a plan approved by the district attorney or

3-4  other public agency enforcing the order for the repayment of the amount

3-5  owed pursuant to the order.

3-6    4.  If an applicant indicates on the statement submitted pursuant to

3-7  subsection 1 that he is subject to a court order for the support of a child

3-8  and is not in compliance with the order or a plan approved by the district

3-9  attorney or other public agency enforcing the order for the repayment of

3-10  the amount owed pursuant to the order, the authority shall advise the

3-11  applicant to contact the district attorney or other public agency enforcing

3-12  the order to determine the actions that the applicant may take to satisfy

3-13  the arrearage.

3-14    Sec. 8.  1.  Before applying to a fully regulated carrier of passengers

3-15  for employment as a driver, a person must obtain a physician’s

3-16  certificate, with two copies thereof, from a physician who is licensed to

3-17  practice medicine in this state.

3-18    2.  A physician shall issue a certificate and two copies thereof to an

3-19  applicant if the physician finds that the applicant meets the applicable

3-20  health requirements established by the Federal Motor Carrier Safety

3-21  Regulations, 49 C.F.R. §§ 391.41 et seq.

3-22    3.  A certificate from a physician issued pursuant to this section must:

3-23    (a) State that the physician has examined the applicant and found that

3-24  the applicant meets the applicable health requirements established by the

3-25  Federal Motor Carrier Safety Regulations, 49 C.F.R. §§ 391.41 et seq.;

3-26  and

3-27    (b) Be signed and dated by the physician issuing the certificate.

3-28    4.  A certificate from a physician issued pursuant to this section

3-29  expires 2 years after the date on which it was issued and may be renewed.

3-30    Sec. 9.  1.  A fully regulated carrier of passengers shall not employ

3-31  a person as a driver unless the person has obtained and has on his

3-32  person:

3-33    (a) A valid driver’s license issued by the State of Nevada pursuant to

3-34  NRS 483.010 to 483.630, inclusive;

3-35    (b) A copy of a certificate from a physician issued pursuant to section

3-36  8 of this act; and

3-37    (c) A driver’s permit issued pursuant to section 5 of this act.

3-38    2.  A fully regulated carrier of passengers shall, at the time that it

3-39  employs a person to drive a vehicle:

3-40    (a) Provide that person with a complete copy of NRS 706.011 to

3-41  706.791, inclusive, and sections 2 to 15, inclusive, of this act, and any

3-42  regulations adopted pursuant thereto; and

3-43    (b) Require the person to sign a statement acknowledging that he has

3-44  received a complete copy of NRS 706.011 to 706.791, inclusive, and

3-45  sections 2 to 15, inclusive, of this act, and any regulations adopted

3-46  pursuant thereto, and has read and familiarized himself with the

3-47  provisions included therein.

4-1    Sec. 10.  1.  A fully regulated carrier of passengers shall require

4-2  each of its drivers to keep a daily trip sheet in a form to be prescribed by

4-3  the authority.

4-4    2.  At the beginning of each period of duty, a driver shall record on

4-5  his daily trip sheet:

4-6    (a) His name and the number of the vehicle;

4-7    (b) The time at which he began his period of duty, by means of a time

4-8  clock provided by the carrier; and

4-9    (c) The odometer reading of the vehicle.

4-10    3.  During his period of duty, a driver shall record on his daily trip

4-11  sheet:

4-12    (a) The time, place of origin and destination of each trip; and

4-13    (b) The number of passengers and amount of fare for each trip.

4-14    4.  At the end of each period of duty, a driver shall record on his daily

4-15  trip sheet:

4-16    (a) The time at which he ended his period of duty, by means of a time

4-17  clock provided by the carrier; and

4-18    (b) The odometer reading of the vehicle.

4-19    5.  A carrier shall retain each of the daily trip sheets of its drivers in a

4-20  safe place for at least 3 years immediately following December 31 of the

4-21  year to which the daily trip sheets pertain. A carrier shall make the daily

4-22  trip sheets available for inspection by a member or the deputy of the

4-23  authority upon reasonable demand.

4-24    6.  A driver who fails to maintain a daily trip sheet as required by this

4-25  section is guilty of a misdemeanor.

4-26    Sec. 11.  While a driver for a fully regulated carrier of passengers is

4-27  on duty:

4-28    1.  The driver:

4-29    (a) Must be appropriately dressed in accordance with the standards of

4-30  the business;

4-31    (b) Must be neat and clean in person and appearance;

4-32    (c) Shall refrain from talking loudly, uttering profanity and shouting

4-33  to other drivers;

4-34    (d) Shall attend his vehicle if the vehicle is being held out for hire;

4-35    (e) Shall discourage passengers from entering or leaving the vehicle

4-36  from the left side, except at the left curb of a one-way street or while the

4-37  vehicle is parked at an angle to the curb; and

4-38    (f) Shall operate his vehicle in accordance with all applicable state

4-39  and local laws and regulations, and with due regard for the safety,

4-40  comfort and convenience of passengers and the general public.

4-41    2.  The driver shall not:

4-42    (a) Have in his possession a lit cigar, cigarette or pipe while a

4-43  passenger is being carried in his vehicle;

4-44    (b) Chew tobacco or use snuff while a passenger is being carried in

4-45  his vehicle;

4-46    (c) Load or unload passengers or luggage at an intersection or

4-47  crosswalk, or at any place or in any manner that will interfere with the

4-48  orderly flow of traffic;

4-49    (d) Leave his vehicle unattended with the key in the ignition lock; or

5-1    (e) Carry passengers in a manner inconsistent with the

5-2  manufacturer’s recommendations or in a way to obstruct his vision for

5-3  safe operation of the vehicle.

5-4    Sec. 12.  With respect to the destination of a passenger, a driver of a

5-5  fully regulated carrier of passengers shall not:

5-6    1.  Deceive or attempt to deceive any passenger who rides or desires

5-7  to ride in the vehicle;

5-8    2.  Convey or attempt to convey any passenger to a destination other

5-9  than the one directed by the passenger;

5-10    3.  Take a longer route than is necessary to the destination requested

5-11  by the passenger, unless otherwise directed to do so by the passenger; or

5-12    4.  Fail to comply with any reasonable and lawful request of the

5-13  passenger concerning speed and route to be taken.

5-14    Sec. 13.  1.  Except as otherwise provided in subsection 2, a driver

5-15  of a fully regulated carrier of passengers shall not refuse or neglect to

5-16  transport any orderly person to the destination requested by that person

5-17  if:

5-18    (a) The person requests that the driver transport the person to that

5-19  destination; and

5-20    (b) The requested destination is located within the area of operation

5-21  authorized by the certificate of public convenience and necessity issued to

5-22  the carrier.

5-23    2.  A driver of a fully regulated carrier of passengers is not subject to

5-24  the provisions of subsection 1 if the driver can show beyond a reasonable

5-25  doubt that:

5-26    (a) The driver had good reason to fear for his personal safety;

5-27    (b) The vehicle has been previously engaged by another person; or

5-28    (c) The driver is forbidden by statute or regulation to carry the person

5-29  requesting the transportation.

5-30    Sec. 14.  1.  If a driver of a fully regulated carrier of passengers

5-31  violates any provision of sections 8 to 13, inclusive, of this act, an

5-32  enforcement officer may impose the following sanctions:

5-33    (a) For a first offense, a warning or a fine of not more than $100, or

5-34  both a warning and a fine.

5-35    (b) For a second offense, a suspension of the driver’s permit issued to

5-36  the driver of not more than 3 days or a fine of not more than $200, or

5-37  both a suspension and a fine.

5-38    (c) For a third offense, a suspension of the driver’s permit issued to

5-39  the driver of not more than 6 days or a fine of not more than $300, or

5-40  both a suspension and a fine.

5-41    (d) For a fourth offense, a suspension of the driver’s permit issued to

5-42  the driver of 10 days or a fine of not more than $500, or both a

5-43  suspension and a fine.

5-44    (e) For a fifth or subsequent offense, the revocation of the driver’s

5-45  permit issued to the driver or a fine of not more than $500, or both the

5-46  revocation of the driver’s permit and a fine.

5-47    2.  For the purposes of subsection 1, only those violations occurring

5-48  in the 12 months immediately preceding the most current violation may

5-49  be considered. The enforcement officer shall inspect the record of the

6-1  offending driver to determine the number of offenses committed during

6-2  the immediately preceding 12-month period.

6-3    3.  The enforcement officer must conduct a hearing before he revokes

6-4  or suspends the driver’s permit of a driver or imposes a fine against a

6-5  driver pursuant to this section.

6-6    Sec. 15.  1.  A driver of a fully regulated carrier of passengers:

6-7    (a) Shall not drive a vehicle or go on duty while under the influence

6-8  of, or impaired by, any controlled substance, dangerous drug or

6-9  intoxicating liquor.

6-10    (b) Shall not drink or otherwise consume any intoxicating liquor

6-11  while on duty.

6-12    (c) Shall not, at any time, use or consume any controlled substance or

6-13  dangerous drug that may impair his ability to operate a motor vehicle

6-14  and shall not, at any time, use or consume any other controlled

6-15  substance or dangerous drug, except in accordance with a lawfully

6-16  issued prescription.

6-17    (d) Shall obey all provisions and restrictions of the certificate of

6-18  public convenience and necessity issued to the carrier.

6-19    2.  If a driver violates any provision of subsection 1, an enforcement

6-20  officer may, after a hearing, impose the following sanctions:

6-21    (a) For a first offense, a suspension of the driver’s permit issued to the

6-22  driver of not more than 5 days or a fine of not more than $100, or both a

6-23  suspension and a fine.

6-24    (b) For a second offense, a suspension of the driver’s permit issued to

6-25  the driver of not more than 20 days or a fine of not more than $300, or

6-26  both a suspension and a fine.

6-27    (c) For a third or subsequent offense, the revocation of the driver’s

6-28  permit issued to the driver or a fine of not more than $500, or both the

6-29  revocation of the driver’s permit and a fine.

6-30  In addition to any fine set forth in this subsection, the enforcement

6-31  officer may revoke the driver’s permit issued to a driver for any violation

6-32  of paragraph (a) of subsection 1.

6-33    3.  For the purposes of this section, only those violations occurring in

6-34  the 12 months immediately preceding the most current violation may be

6-35  considered. The enforcement officer shall inspect the record of the

6-36  offending driver to determine the number of offenses committed during

6-37  the immediately preceding 12-month period.

6-38    Sec. 16.  NRS 706.011 is hereby amended to read as follows:

6-39    706.011  As used in NRS 706.011 to 706.791, inclusive, and sections 2

6-40  to 15, inclusive, of this act, unless the context otherwise requires, the

6-41  words and terms defined in NRS 706.013 to 706.146, inclusive, and

6-42  sections 2 and 3 of this act have the meanings ascribed to them in those

6-43  sections.

6-44    Sec. 17.  NRS 706.2885 is hereby amended to read as follows:

6-45    706.2885  1.  A certificate of public convenience and necessity,

6-46  permit or license issued in accordance with this chapter is not a franchise

6-47  and may be revoked.

6-48    2.  The authority may at any time, for good cause shown, after

6-49  investigation and hearing , unless waived by the holder of the certificate,

7-1  license or permit, and upon 5 days’ written notice to the [grantee,] holder,

7-2  suspend any certificate, permit or license issued in accordance with the

7-3  provisions of NRS 706.011 to 706.791, inclusive, and sections 2 to 15,

7-4  inclusive, of this act for a period not to exceed 60 days.

7-5    3.  Upon receipt of a written complaint or on its own motion, the

7-6  authority may, after investigation and hearing, revoke any certificate,

7-7  permit or license[.] for any violation of NRS 706.011 to 706.791,

7-8  inclusive, and sections 2 to 15, inclusive, of this act, or any regulation

7-9  adopted pursuant thereto, or for knowingly allowing or requiring any

7-10  employee to violate any provision of sections 2 to 15, inclusive, of this act

7-11  or any regulation of the authority relating thereto. If service of the notice

7-12  required by subsection 2 cannot be made or if the [grantee] holder

7-13  relinquishes his interest in the certificate, permit or license by so notifying

7-14  the authority in writing, the authority may revoke the certificate, permit or

7-15  license without a hearing.

7-16    4.  The proceedings thereafter are governed by the provisions of

7-17  chapter 233B of NRS.

7-18    5.  If the holder of a certificate or driver’s permit fails to appear at

7-19  the time and place stated in the notice for any hearing, the authority

7-20  shall enter a finding of default. Upon the entering of a finding of default,

7-21  the authority may suspend or revoke the certificate or driver’s permit of

7-22  the person who failed to appear and may impose the penalties as

7-23  provided in this chapter. For good cause shown, the authority may set

7-24  aside a finding of default entered pursuant to this subsection and proceed

7-25  with a hearing on the matter.

7-26    Sec. 18.  NRS 706.386 is hereby amended to read as follows:

7-27    706.386  1.  It is unlawful, except as otherwise provided in NRS

7-28  373.117, 706.446, 706.453 and 706.745, for any fully regulated common

7-29  motor carrier to operate as a carrier of intrastate commerce and any

7-30  operator of a tow car to perform towing services within this state without

7-31  first obtaining a certificate of public convenience and necessity from the

7-32  authority.

7-33    2.  A person who violates the provisions of subsection 1 is guilty of a

7-34  gross misdemeanor.

7-35    Sec. 19.  NRS 706.421 is hereby amended to read as follows:

7-36    706.421  1.  It is unlawful for any contract motor carrier to act as such

7-37  within this state in intrastate commerce without first having obtained a

7-38  permit therefor.

7-39    2.  A person who violates the provisions of subsection 1 is guilty of a

7-40  gross misdemeanor.

7-41    Sec. 20.  NRS 706.476 is hereby amended to read as follows:

7-42    706.476  Except as otherwise provided in NRS 706.478:

7-43    1.  A vehicle used [as a taxicab, limousine or other passenger vehicle in

7-44  passenger service] by any person or entity in this state to provide any kind

7-45  of transportation of passengers or property that is subject to the

7-46  jurisdiction of the authority must be impounded by the authority if a

7-47  certificate of public convenience and necessity has not been issued

7-48  authorizing [its operation.] the operation of the vehicle. A hearing must be

7-49  held by the authority [no] not later than the conclusion of the second

8-1  normal business day after impoundment, weekends and holidays excluded.

8-2  As soon as practicable after impoundment, the authority shall notify the

8-3  registered owner of the vehicle[:

8-4    (a) That the registered owner of the vehicle must post a bond in the

8-5  amount of $20,000 to ensure his presence at all proceedings held pursuant

8-6  to this section;

8-7    (b) Of the] of:

8-8    (a) The time set for the hearing; and

8-9    [(c) Of his]

8-10    (b) His right to be represented by counsel during all phases of the

8-11  proceedings.

8-12    2.  The authority shall hold the vehicle until the registered owner of the

8-13  vehicle appears and[:

8-14    (a) Proves that he] proves that:

8-15    (a) He is the registered owner of the vehicle;

8-16    (b) [Proves that he] He holds a valid certificate of public convenience

8-17  and necessity;

8-18    [(c) Proves that the] and

8-19    (c) The vehicle meets all required standards of the authority . [; and

8-20    (d) Posts a bond in the amount of $20,000 with the authority.]

8-21  The authority shall return the vehicle to its registered owner when the

8-22  owner meets the requirements of this subsection and pays all costs of

8-23  impoundment.

8-24    3.  If the registered owner is unable to meet the requirements of

8-25  paragraph (b) or (c) of subsection 2, the authority may assess an

8-26  administrative fine against the registered owner for each such violation in

8-27  the amount of $5,000. The maximum amount of the administrative fine that

8-28  may be assessed against a registered owner for a single impoundment of

8-29  his vehicle pursuant to this section is $10,000. The authority shall return

8-30  the vehicle after any administrative fine imposed pursuant to this

8-31  subsection and all costs of impoundment have been paid.

8-32    Sec. 21.  NRS 706.756 is hereby amended to read as follows:

8-33    706.756  1.  Except as otherwise provided in subsection 2, any person

8-34  who:

8-35    (a) Operates a vehicle or causes it to be operated in any carriage to

8-36  which the provisions of NRS 706.011 to 706.861, inclusive, and sections 2

8-37  to 15, inclusive, of this act apply without first obtaining a [certificate,]

8-38  driver’s permit or license, or in violation of the terms thereof;

8-39    (b) Fails to make any return or report required by the provisions of NRS

8-40  706.011 to 706.861, inclusive, and sections 2 to 15, inclusive, of this act,

8-41  or by the authority or the department pursuant to the provisions of NRS

8-42  706.011 to 706.861, inclusive[;] , and sections 2 to 15, inclusive, of this

8-43  act;

8-44    (c) Violates, or procures, aids or abets the violating of, any provision of

8-45  NRS 706.011 to 706.861, inclusive[;] , and sections 2 to 15, inclusive, of

8-46  this act;

8-47    (d) Fails to obey any order, decision or regulation of the authority or the

8-48  department;

9-1    (e) Procures, aids or abets any person in his failure to obey such an

9-2  order, decision or regulation of the authority or the department;

9-3    (f) Advertises, solicits, proffers bids or otherwise holds himself out to

9-4  perform transportation as a common or contract carrier in violation of any

9-5  of the provisions of NRS 706.011 to 706.861, inclusive[;] , and sections 2

9-6  to 15, inclusive, of this act;

9-7    (g) Advertises as providing:

9-8       (1) The services of a fully regulated carrier; or

9-9       (2) Towing services,

9-10  without including the number of his certificate of public convenience and

9-11  necessity or contract carrier’s permit in each advertisement;

9-12    (h) Knowingly offers, gives, solicits or accepts any rebate, concession

9-13  or discrimination in violation of the provisions of this chapter;

9-14    (i) Knowingly, willfully and fraudulently seeks to evade or defeat the

9-15  purposes of this chapter;

9-16    (j) Operates or causes to be operated a vehicle which does not have the

9-17  proper identifying device;

9-18    (k) Displays or causes or permits to be displayed a certificate, permit,

9-19  license or identifying device, knowing it to be fictitious or to have been

9-20  canceled, revoked, suspended or altered;

9-21    (l) Lends or knowingly permits the use of by one not entitled thereto

9-22  any certificate, permit, license or identifying device issued to the person so

9-23  lending or permitting the use thereof; [or]

9-24    (m) Refuses or fails to surrender to the authority or department any

9-25  certificate, permit, license or identifying device which has been suspended,

9-26  canceled or revoked pursuant to the provisions of this chapter[,] ; or

9-27    (n) Knowingly makes or causes to be made, either directly or

9-28  indirectly, a false statement on an application, account or other

9-29  statement required by the authority or who violates any provision of

9-30  sections 2 to 15, inclusive, of this act,

9-31  is guilty of a misdemeanor, and upon conviction thereof shall be punished

9-32  by a fine of not less than $100 nor more than $1,000, or by imprisonment

9-33  in the county jail for not more than 6 months, or by both fine and

9-34  imprisonment.

9-35    2.  A person convicted of a gross misdemeanor for a violation of the

9-36  provisions of NRS 706.386 or 706.421 shall be punished:

9-37    (a) For the first offense, by a fine of not less than [$500] $1,000 nor

9-38  more than [$1,000;] $2,000;

9-39    (b) For a second offense within 12consecutive months and each

9-40  subsequent offense, by a fine of [$1,000;] $2,000; or

9-41    (c) For any offense, by imprisonment in the county jail for not more

9-42  than [6 months,] 1 year, or by both the prescribed fine and imprisonment.

9-43    3.  Any person who operates or permits the operation of a vehicle in

9-44  passenger service without a certificate of public convenience and necessity

9-45  issued pursuant to NRS 706.391 is guilty of a gross misdemeanor. If a law

9-46  enforcement officer witnesses a violation of this subsection, he may cause

9-47  the vehicle to be towed immediately from the scene[.] and impounded in

9-48  accordance with NRS 706.476.

10-1    4.  The fines provided in this section are mandatory and must not be

10-2  reduced under any circumstances by the court.

10-3    5.  Any bail allowed must not be less than the appropriate fine provided

10-4  for by this section.

10-5    6.  A conviction of a person pursuant to this section does not bar the

10-6  authority from suspending or revoking any certificate, license or permit

10-7  of the person so convicted. The imposition of a fine or the suspension or

10-8  revocation of a certificate, license or permit by the authority pursuant to

10-9  NRS 706.011 to 706.791, inclusive, and sections 2 to 15, inclusive, of this

10-10  act does not operate as a defense in any proceeding held pursuant to this

10-11  section.

10-12  Sec. 22.  The amendatory provisions of this act do not apply to

10-13  offenses committed before the effective date of this act.

10-14  Sec. 23.  1.  This act becomes effective upon passage and approval.

10-15  2.  The provisions of sections 6 and 7 of this act expire by limitation on

10-16  the date on which the provisions of 42 U.S.C. § 666 requiring each state to

10-17  establish procedures under which the state has authority to withhold or

10-18  suspend, or to restrict the use of professional, occupational and recreational

10-19  licenses of persons who:

10-20  (a) Have failed to comply with a subpoena or warrant relating to a

10-21  procedure to determine the paternity of a child or to establish or enforce an

10-22  obligation for the support of a child; or

10-23  (b) Are in arrears in the payment for the support of one or more

10-24  children,

10-25  are repealed by the Congress of the United States.

 

10-26  H