exempt

                                                  (Reprinted with amendments adopted on May 28, 2003)

 

Assembly Bill No. 518–Committee on Transportation

 

March 24, 2003

____________

 

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 accepting 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; authorizing the Transportation Services Authority under certain circumstances to adopt regulations providing for a system of allocations for limousines; and providing other matters properly relating thereto.

 

    Whereas, In Southern Nevada an excessive number of limousines may negatively affect the integrity and viability of the limousine industry and may negatively affect the taxi industry, as well as cause conflict between taxi and limousine drivers and companies which could negatively impact the tourism industries; now, therefore

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

2-1  Section 1. 1.  Except as otherwise provided in subsection 2,

2-2  for the period beginning on June 1, 2003, and ending on July 1,

2-3  2004, the Transportation Services Authority shall not accept the

2-4  submission or filing of any application for the modification of a

2-5  certificate of public convenience and necessity issued to a fully

2-6  regulated carrier of passengers for the operation of a livery or

2-7  traditional limousine if the application for modification is to

2-8  increase the number of limousines to be operated pursuant to the

2-9  certificate of public convenience and necessity in a county whose

2-10  population is 400,000 or more.

2-11      2.  The Transportation Services Authority:

2-12      (a) Shall process each application for any new or modified

2-13  certificate of public convenience and necessity that is received by

2-14  the Authority before June 1, 2003, in the order in which it was

2-15  received.

2-16      (b) Except as otherwise provided in this paragraph, during the

2-17  period beginning on June 1, 2003, and ending on July 1, 2004, shall

2-18  accept the submission and filing of applications for a new certificate

2-19  of public convenience and necessity for the operation of a livery or

2-20  traditional limousine in a county whose population is 400,000 or

2-21  more. Applications submitted and filed as described in this

2-22  paragraph must be processed in the ordinary course of business and

2-23  without undue delay. The Authority shall not, during that period:

2-24          (1) Accept the submission and filing of more than one

2-25  application by any one applicant.

2-26          (2) Approve the operation of more than two livery or

2-27  traditional limousines per each such application.

2-28      3.  An unlimited certificate of public convenience and necessity

2-29  for the operation of a livery or traditional limousine issued to a fully

2-30  regulated carrier of passengers by the Transportation Services

2-31  Authority is void and revoked for the period from June 1, 2003, to

2-32  July 1, 2004, to the extent that the carrier has not, before June 1,

2-33  2003, registered in this state each authorized limousine covered by

2-34  the certificate of public convenience and necessity.

2-35      4.  As used in this section:

2-36      (a) “Fully regulated carrier” has the meaning ascribed to it in

2-37  NRS 706.072.

2-38      (b) “Livery limousine” means a motor vehicle that is engaged in

2-39  the general transportation of persons for compensation and not

2-40  operated on a regular schedule or over regular routes and:

2-41          (1) Was a light truck, as that term is defined in 49 C.F.R. §

2-42  523.5, at the time of its manufacture; or

2-43          (2) Was originally manufactured as having a capacity of 9 or

2-44  more persons but less than 16 persons, including the

2-45  driver.

3-1  The term does not include a limousine for which the operator is not

3-2  required to obtain a certificate of public convenience and necessity

3-3  from the Transportation Services Authority.

3-4  (c) “Traditional limousine” means a motor vehicle that is

3-5  engaged in the general transportation of persons for compensation

3-6  and not operated on a regular schedule or over regular routes and:

3-7       (1) Was a passenger automobile, as that term is defined in 49

3-8  C.F.R. § 523.4, at the time of its manufacture and was later modified

3-9  to increase its length; or

3-10          (2) Has a capacity of less than nine persons, including the

3-11  driver.

3-12      Sec. 2. 1.  The Legislative Commission shall direct a study of

3-13  issues relating to the allocation of limousines.

3-14      2.  The study must consider:

3-15      (a) Whether an allocation system is appropriate for the issuance

3-16  of certificates of public convenience and necessity for limousines

3-17  operated in a county whose population is 400,000 or more;

3-18      (b) Whether the budgetary needs of the Transportation Services

3-19  Authority are being met at a level that will ensure optimum

3-20  regulation of limousines, combined with an assessment of the

3-21  probable effect on operators of any additional regulatory fees; and

3-22      (c) Such other issues regarding the regulation of limousines as

3-23  the Commission deems appropriate.

3-24      3.  The Commission may apply for any available grants and

3-25  accept gifts, grants or donations to assist the Commission in

3-26  conducting the study.

3-27      4.  The Commission may contract with or enter into an

3-28  agreement with a public or private agency that has the experience

3-29  necessary to conduct a study of the type described in subsection 2.

3-30      5.  The Commission shall, on or before April 30, 2004, submit

3-31  the final results of the study to the Transportation Services

3-32  Authority. The Commission shall submit a report of the results of

3-33  the study and any recommendations for legislation to the 73rd

3-34  Session of the Nevada Legislature.

3-35      Sec. 3.  1.  On or before May 28, 2004, the Legislative

3-36  Commission shall, based upon information gathered during the

3-37  study described in section 2 of this act, provide to the Transportation

3-38  Services Authority the recommendation of the Commission as to

3-39  whether the Authority should establish by regulation a system of

3-40  allocations for limousines.

3-41      2.  The Authority shall consider the recommendation of the

3-42  Commission and if the Authority determines, based upon

3-43  information gathered during the study, that it would be advisable to

3-44  establish a system of allocations for limousines, the Authority may,

3-45  except as otherwise provided in subsection 3, adopt regulations in

4-1  accordance with chapter 233B of NRS establishing a system of

4-2  allocations for limousines. If established, such a system must set

4-3  forth the number of limousines that may be operated by a person

4-4  who holds a certificate of public convenience and necessity for the

4-5  operation of a livery or traditional limousine, as applicable.

4-6  3.  On or before June 15, 2004, the Authority shall publicly

4-7  announce whether it will establish by regulation a system of

4-8  allocations for limousines.

4-9  4.  As used in this section:

4-10      (a) “Livery limousine” has the meaning ascribed to it in section

4-11  1 of this act.

4-12      (b) “Traditional limousine” has the meaning ascribed to it in

4-13  section 1 of this act.

4-14      Sec. 4.  The provisions of this act do not limit, prohibit, restrict

4-15  or otherwise affect the consideration of or processing of any

4-16  application for:

4-17      1.  A new certificate of public convenience and necessity; or

4-18      2.  The modification of a certificate of public convenience and

4-19  necessity,

4-20  that is filed with or submitted to the Transportation Services

4-21  Authority before June 1, 2003.

4-22      Sec. 5. This act becomes effective upon passage and approval.

 

4-23  H