Assembly Bill No. 518–Committee on Transportation

 

March 24, 2003

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Referred to Committee on Transportation

 

SUMMARY—Temporarily prohibits increase in number of limousines in operation and directs legislative study of issues relating to allocation of limousines. (BDR S‑1102)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

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

 

AN ACT relating to limousines; temporarily prohibiting the Transportation Services Authority from approving certain applications relating to certificates of public convenience and necessity for the operation of limousines; temporarily prohibiting fully regulated carriers from increasing the number of limousines which they operate; directing the Legislative Commission to conduct a study of issues relating to the allocation of limousines; and providing other matters properly relating thereto.

 

    Whereas, The taxi and limousine industries are vital and necessary components of the tourism industry in Nevada; and

    Whereas, These industries have faced serious challenges, both operationally and economically, over the past few years as a result of the events of September 11, 2001; and

    Whereas, The excessive number of limousines has been negatively affecting the integrity and viability of the limousine industry as a whole in this state and is now also negatively affecting the taxi industry, as well as causing conflict between taxi and limousine drivers and companies which could result in damage to the tourism industries; and

    Whereas, The owners of a great majority of the limousines and taxis operating in Southern Nevada are in agreement that significant damage to the tourism industry and the viability of both the taxi and

limousine industries could occur absent legislative action and study; and

    Whereas, There is also a general consensus that additional limousines authorized to existing operators or to new companies cannot be justified given the current saturation of the market and, in fact, would cause serious threat to the stability of both industries; now, therefore

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. 1.  For the period beginning on the effective date

1-2  of this act and ending on July 1, 2005, the Transportation Services

1-3  Authority shall not approve any application for:

1-4  (a) A new certificate of public convenience and necessity for the

1-5  operation of a livery or traditional limousine.

1-6  (b) The modification of a certificate of public convenience and

1-7  necessity issued to a fully regulated carrier of passengers for the

1-8  operation of a livery or traditional limousine if the application for

1-9  modification is to increase the number of limousines to be operated

1-10  pursuant to the certificate of public convenience and necessity.

1-11      2.  A certificate of public convenience and necessity for the

1-12  operation of a livery or traditional limousine issued to a fully

1-13  regulated carrier of passengers by the Transportation Services

1-14  Authority is void and revoked to the extent that the carrier has not

1-15  purchased before the effective date of this act each authorized

1-16  limousine covered by the certificate of public convenience and

1-17  necessity. The Transportation Services Authority shall amend the

1-18  certificate of public convenience and necessity issued to each fully

1-19  regulated carrier in accordance with this subsection to ensure that

1-20  each such certificate of public convenience and necessity accurately

1-21  reflects the number of limousines in actual operation on the

1-22  effective date of this act.

1-23      3.  As used in this section:

1-24      (a) “Fully regulated carrier” has the meaning ascribed to it in

1-25  NRS 706.072.

1-26      (b) “Livery limousine” means a motor vehicle that is engaged in

1-27  the general transportation of persons for compensation and not

1-28  operated on a regular schedule or over regular routes and:

1-29          (1) Was a light truck, as that term is defined in 49 C.F.R. §

1-30  523.5, at the time of its manufacture; or

1-31          (2) Was originally manufactured as having a capacity of 9 or

1-32  more persons but less than 16 persons, including the driver.

2-1  (c) “Traditional limousine” means a motor vehicle that is

2-2  engaged in the general transportation of persons for compensation

2-3  and not operated on a regular schedule or over regular routes and:

2-4       (1) Was a passenger automobile, as that term is defined in 49

2-5  C.F.R. § 523.4, at the time of its manufacture and was later modified

2-6  to increase its length; or

2-7       (2) Has a capacity of less than nine persons, including the

2-8  driver.

2-9  Sec. 2. 1.  The Legislative Commission is hereby directed to

2-10  appoint an interim committee, composed of three members of the

2-11  Assembly and three members of the Senate, one of whom must be

2-12  appointed as Chairman of the committee, to conduct a study of

2-13  issues relating to the allocation of limousines. In addition:

2-14      (a) The Majority Leader of the Senate and the Speaker of the

2-15  Assembly shall each appoint two nonvoting members to the

2-16  committee who represent certificated owners of limousines in this

2-17  state.

2-18      (b) The Chairman of the Transportation Services Authority, or

2-19  his designee, shall serve as a nonvoting member of the committee.

2-20      2.  The committee shall hold at least eight meetings in

2-21  conducting this study. The committee shall consider:

2-22      (a) Whether an allocation system is appropriate for the issuance

2-23  of certificates of public convenience and necessity for limousines;

2-24      (b) Whether the budgetary needs of the Transportation Services

2-25  Authority are being met at a level that will ensure optimum

2-26  regulation of limousines, combined with an assessment of the

2-27  probable effect on operators of any additional regulatory fees; and

2-28      (c) Such other issues regarding the regulation of limousines as

2-29  the committee deems appropriate.

2-30      3.  Any recommended legislation proposed by the committee

2-31  must be approved by a majority of the members of the Senate and a

2-32  majority of the members of the Assembly appointed to the

2-33  committee.

2-34      4.  The Legislative Commission shall submit a report of the

2-35  results of the study and any recommendations for legislation to the

2-36  73rd Session of the Nevada Legislature.

2-37      Sec. 3.  This act becomes effective upon passage and approval.

 

2-38  H