Adoption of this amendment will MAINTAIN a 2/3s majority vote requirement for final passage of SB192 R1 (§§ 5, 6, 16, 21, 26 and 27).
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not
|Concurred In Not
Receded Not | Receded Not
Amend sec. 2, page 2, line 15, by deleting “drives a” and inserting:
“drives:
(a) A”
Amend sec. 2, page 2, by deleting line 17 and inserting:
“bus; or
(b) A vehicle used by a transportation service for disabled persons if the person is certified as an emergency medical technician pursuant to chapter 450B of NRS.”.
Amend sec. 5, page 2, by deleting line 28 and inserting:
“Authority:
(a) A fee of $100 on July 1, 2003;
(b) A fee of $50 on January 1, 2004; and
(c) Beginning on July 1, 2004, and on July 1 of each year thereafter, a fee of not more than $200,
FLUSH
for each motor vehicle”.
Amend sec. 5, page 2, line 31, by deleting “or”.
Amend sec. 5, page 2, line 32, by deleting “car.” and inserting:
“car; or
(c) An operator of a transportation service for disabled persons with respect to those motor vehicles that are driven by persons who are certified as emergency medical technicians pursuant to chapter 450B of NRS.”.
Amend the bill as a whole by adding a new section designated sec. 5.5, following sec. 5, to read as follows:
“Sec. 5.5. 1. It is unlawful for any person to advertise services for which a certificate of public convenience and necessity or a contract carrier’s permit is required pursuant to NRS 706.011 to 706.791, inclusive, and sections 2 to 11, inclusive, of this act, unless the person has been issued such a certificate or permit.
2. If, after notice and a hearing, the Authority determines that a person has engaged in advertising in a manner that violates the provisions of this section, the Authority may, in addition to any penalty, punishment or disciplinary action authorized by the provisions of NRS 706.011 to 706.791, inclusive, and sections 2 to 11, inclusive, of this act, issue an order to the person to cease and desist the unlawful advertising and to:
(a) Cause any telephone number included in the advertising, other than a telephone number to a provider of paging services, to be disconnected.
(b) Request the provider of paging services to change the number of any beeper which is included in the advertising or disconnect the paging services to such a beeper, and to inform the provider of paging services that the request is made pursuant to this section.
3. If a person fails to comply with paragraph (a) of subsection 2 within 5 days after the date that he receives an order pursuant to subsection 2, the Authority may request the Commission to order the appropriate provider of telephone service to disconnect any telephone number included in the advertisement, except for a telephone number to a provider of paging services. If a person fails to comply with paragraph (b) of subsection 2 within 5 days after the date he receives an order pursuant to subsection 2, the Authority may request the provider of paging services to switch the beeper number or disconnect the paging services provided to the person, whichever the provider deems appropriate.
4. If the provider of paging services receives a request from a person pursuant to subsection 2 or a request from the Authority pursuant to subsection 3, it shall:
(a) Disconnect the paging service to the person; or
(b) Switch the beeper number of the paging service provided to the person.
FLUSH
If the provider of paging
services elects to switch the number pursuant to paragraph (b), the provider
shall not forward or offer to forward the paging calls from the previous
number, or provide or offer to provide a recorded message that includes the new
beeper number.
5. As used in this section:
(a) “Advertising” includes, but is not limited to, the issuance of any sign, card or device, or the permitting or allowing of any sign or marking on a motor vehicle, in any building, structure, newspaper, magazine or airway transmission, on the Internet or in any directory under the listing of “fully regulated carrier” with or without any limiting qualifications.
(b) “Beeper” means a portable electronic device which is used to page the person carrying it by emitting an audible or a vibrating signal when the device receives a special radio signal.
(c) “Provider of paging services” means an entity, other than a public utility, that provides paging service to a beeper.
(d) “Provider of telephone service” has the meaning ascribed to it in NRS 707.355.”.
Amend sec. 6, page 3, line 4, by deleting “that” and inserting:
“that:
(1) If the applicant is a resident of this state,”.
Amend sec. 6, page 3, line 7, by deleting “passengers.” and inserting:
“passengers; and
(2) If the applicant is a resident of a state other than Nevada and his residence is located within 50 miles of the boundary of this state, require proof that the applicant has a valid and appropriate license issued by his state of residence which authorizes the applicant to drive the vehicle that he will be driving in this state for the fully regulated carrier of passengers. The Authority may require such an applicant to provide proof satisfactory to the Authority that the applicant is a resident of a state other than Nevada and his residence is located within 50 miles of the boundary of this state.”.
Amend sec. 9, page 4, line 44, by deleting “state.” and inserting:
“state or who holds a license to practice medicine issued by any other state.”.
Amend sec. 10, page 5, line 24, by deleting “by this” and inserting:
“by:
(I) This”.
Amend sec. 10, page 5, line 25, after “inclusive;” by inserting:
“or
(II) If the person is a resident of a state other than Nevada and his residence is located within 50 miles of the boundary of this state, by the state in which the person is a resident;”.
Amend sec. 16, pages 7 and 8, by deleting lines 36 through 44 on page 7 and line 1 on page 8, and inserting:
“2. Filing fees may not exceed:
(a) For applications, $200.
(b) For petitions seeking affirmative relief, $200.
(c) For each tariff page that requires public notice and is not attached to an application, $10. If more than one page is filed at one time, the total fee may not exceed the cost of notice and publication.
(d) For all other documents that require public”.
Amend sec. 17, page 9, by deleting lines 12 through 25.
Amend sec. 21, page 11, by deleting lines 36 through 38 and inserting:
“(a) The applicant is financially and operationally fit, willing and able to perform the services of a common motor carrier[;] and that the operation of, and the provision of such services by, the applicant as a common motor carrier will foster sound economic conditions within the applicable industry;”.
Amend sec. 21, page 11, line 43, by deleting “and” and inserting “[and]”.
Amend sec. 21, page 12, line 2, after “benefit” by inserting:
“and protect the safety and convenience of”.
Amend sec. 21, page 12, line 3, by deleting “state.” and inserting “state [.] ;
(e) The proposed operation, or service under the proposed modification, will be provided on a continuous basis;
(f) The market identified by the applicant as the market which the applicant intends to serve will support the proposed operation or proposed modification; and
(g) The applicant has paid all fees and costs related to the application.”.
Amend sec. 21, page 12, line 9, after “[An]” by inserting:
“In determining whether the applicant is fit to perform the services of a common motor carrier pursuant to paragraph (a) of subsection 2, the Authority shall consider whether the applicant has violated any provision of chapter 706 of NRS or any regulations adopted pursuant thereto.
5.”.
Amend sec. 21, page 12, line 13, by deleting “[.]” and inserting “[.
5.]”.
Amend sec. 21, page 12, line 17, by deleting “5.” and inserting “6.”.
Amend sec. 21, page 12, line 22, by deleting “6.” and inserting “[6.] 7.”.
Amend sec. 21, page 12, line 24, by deleting “7.” and inserting “[7.] 8.”.
Amend the title of the bill by deleting the seventh through twelfth lines and inserting:
“such a permit; increasing certain filing fees; prohibiting persons who do not hold a certificate of public convenience and necessity or contract carrier’s permit from advertising as a fully regulated carrier; authorizing the disconnection or switching of telephone, beeper and paging numbers included in such advertising; prohibiting discriminatory conduct”.