SUMMARY--Requires testing of certain persons who work with taxicabs for presence of alcohol and controlled substances. (BDR 58-1528)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to motor carriers; requiring the testing of certain persons who work with taxicabs for the presence of alcohol and controlled substances; imposing certain duties with regard to such testing on taxicab motor carriers and certain certificate holders for the operation of a taxicab business; providing for the confidentiality of such testing; requiring the public service commission of Nevada and the taxicab authority to adopt regulations concerning such testing; authorizing a law enforcement officer under certain circumstances to tow certain vehicles being operated without a certificate of public convenience; providing a penalty; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 Chapter 706 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 21, inclusive, of this act.
Sec. 2 As used in NRS 706.471, 706.473 and 706.475, and sections 2 to 11, inclusive, of this act, unless the context otherwise requires, "screening test" means a test of a person's:
1. Breath or blood to detect the general presence of alcohol; or
2. Urine to detect the general presence of a controlled substance or any other drug,
which could impair the ability of that person to perform his duties as an employee or independent contractor of a taxicab motor carrier safely and efficiently.
Sec. 3 1. No person may be employed by, or lease a taxicab as an independent contractor from, a taxicab motor carrier unless he submits to a screening test to detect the general presence of a controlled substance or any other drug. Notice of the provisions of this section must be given to each applicant for employment at or before the time of application, and to each independent contractor at or before the time of entering into a lease agreement.
2. A taxicab motor carrier shall consider the results of a screening test in determining whether to employ an applicant or enter into a lease agreement with an independent contractor. If those results indicate the presence of a controlled substance, the taxicab motor carrier shall not hire the applicant or enter into a lease agreement with the independent contractor unless he provides, within 72 hours after being requested by the taxicab motor carrier, proof that he had taken the controlled substance as directed pursuant to a current and lawful prescription issued in his name.
3. A taxicab motor carrier shall, at the request of an applicant for employment or an independent contractor, provide him with the results of his screening test.
Sec. 4 (Deleted by amendment.)
Sec. 5 1. A taxicab motor carrier may request an employee or independent contractor to submit to a screening test if the taxicab motor carrier:
(a) Reasonably believes, based upon objective facts, that the employee or independent contractor is under the influence of alcohol or drugs which are impairing his ability to perform his duties safely and efficiently;
(b) Informs the employee or independent contractor of the specific facts supporting its belief pursuant to paragraph (a) and prepares a written record of those facts; and
(c) Informs the employee or independent contractor in writing:
(1) Of whether the test will be for alcohol or drugs, or both;
(2) That the results of the test are not admissible in any criminal proceeding against him; and
(3) That he may refuse the test, but that his refusal may result in his dismissal.
2. A taxicab motor carrier may request an employee or independent contractor to submit to a screening test if the employee or independent contractor, during the performance of his duties, drives a motor vehicle in such a manner as to cause bodily injury to himself or another person or substantial damage to property. For the purposes of this subsection, the commission shall, by regulation, define the term "substantial damage to property."
3. A taxicab motor carrier shall:
(a) Within a reasonable time after an employee or independent contractor submits to a screening test to detect the general presence of a controlled substance or any other drug, allow the employee or independent contractor to obtain at his expense an independent test of his urine or blood from a laboratory of his choice that is certified by the Department of Health and Human Services.
(b) Within a reasonable time after an employee or independent contractor submits to a screening test to detect the general presence of alcohol, allow the employee or independent contractor to obtain at his expense an independent test of his blood from a laboratory of his choice.
(c) Provide the employee or independent contractor with the written results of his screening test within 3 working days after it receives those results.
4. A taxicab motor carrier shall not use a screening test to harass an employee or independent contractor.
Sec. 6 An employee or independent contractor of a taxicab motor carrier who:
1. Fails to notify the taxicab motor carrier as soon as possible after consuming any drug that could interfere with the safe and efficient performance of his duties;
2. Fails or refuses to submit to a screening test as requested by the taxicab motor carrier pursuant to section 5 of this act; or
3. After taking a screening test which indicates the presence of a controlled substance, fails to provide proof, within 72 hours after being requested by the taxicab motor carrier, that he had taken the controlled substance as directed pursuant to a current and lawful prescription issued in his name,
is subject to dismissal by the taxicab motor carrier.
Sec. 7 1. If an employee or independent contractor of a taxicab motor carrier informs the taxicab motor carrier that he has consumed any drug which could interfere with the safe and efficient performance of his duties, the taxicab motor carrier may require the employee or independent contractor to obtain clearance from his physician before he continues to work.
2. If a taxicab motor carrier reasonably believes, based upon objective facts, that the ability of an employee or independent contractor to perform his duties safely and efficiently:
(a) May be impaired by the consumption of alcohol or other drugs, it shall ask the employee or independent contractor whether he has consumed any alcohol or other drugs and, if so:
(1) The amount and types of alcohol or other drugs consumed and the time of consumption; and
(2) If a controlled substance was consumed, the name of the person who prescribed its use.
(b) Is impaired by the consumption of alcohol or other drugs, it shall prevent the employee or independent contractor from continuing work.
Sec. 8 1. A screening test:
(a) To detect the general presence of a controlled substance or any other drug must be conducted by an independent laboratory which is certified by the Department of Health and Human Services.
(b) To detect the general presence of alcohol or of a controlled substance or any other drug must be administered in such a manner as to protect the person tested from any unnecessary embarrassment.
2. Except as otherwise provided in subsection 3, a sample of urine provided for use in a screening test must not be used for any test or purpose without the prior written consent of the person providing the sample. The taxicab motor carrier shall ensure that the person retains possession and control of his sample until it is appropriately tagged and sealed with tamper-proof tape.
3. If the results of a screening test indicate the presence of any drug that could impair the ability of a person to perform his duties safely and efficiently:
(a) The laboratory shall conduct another test of the same sample of urine to ascertain the specific substances and concentration of those substances in the sample; and
(b) The taxicab motor carrier shall provide the person tested with an opportunity to have the same sample tested at his expense by a laboratory of his choice certified by the Department of Health and Human Services.
Sec. 9 The results of a screening test taken pursuant to sections 2 to 11, inclusive, of this act are confidential and:
1. Are not admissible in a criminal proceeding against the person tested;
2. Must be securely maintained by the taxicab motor carrier or its designated representative separately from other files concerning personnel; and
3. Must not be disclosed to any person except:
(a) Upon the written consent of the person tested;
(b) As required by medical personnel for the diagnosis or treatment of the person tested, if he is physically unable to give his consent to the disclosure;
(c) As required pursuant to a properly issued subpoena;
(d) When relevant in a formal dispute between the taxicab motor carrier and the person tested; or
(e) As required for the administration of a plan of benefits for employees or independent contractors.
Sec. 10 The commission shall provide training in the provisions of sections 2 to 11, inclusive, of this act to taxicab motor carriers.
Sec. 11 The commission shall adopt such regulations as are necessary to carry out the purposes of sections 2 to 11, inclusive, of this act.
Sec. 12 "Screening test" means a test of a person's:
1. Breath or blood to detect the general presence of alcohol; or
2. Urine to detect the general presence of a controlled substance or any other drug,
which could impair the ability of that person to perform his duties as an employee of a certificate holder safely and efficiently.
Sec. 13 1. No person may be employed by a certificate holder unless he submits to a screening test to detect the general presence of a controlled substance or any other drug. Notice of the provisions of this section must be given to each applicant for employment at or before the time of application.
2. A certificate holder shall consider the results of a screening test in determining whether to employ an applicant. If those results indicate the presence of a controlled substance, the certificate holder shall not hire the applicant unless he provides, within 72 hours after being requested by the certificate holder, proof that he had taken the controlled substance as directed pursuant to a current and lawful prescription issued in his name.
3. A certificate holder shall, at the request of an applicant for employment, provide him with the results of his screening test.
Sec. 14 (Deleted by amendment.)
Sec. 15 1. A certificate holder may request an employee to submit to a screening test if the certificate holder:
(a) Reasonably believes, based upon objective facts, that the employee is under the influence of alcohol or drugs which are impairing his ability to perform his duties safely and efficiently;
(b) Informs the employee of the specific facts supporting its belief pursuant to paragraph (a) and prepares a written record of those facts; and
(c) Informs the employee in writing:
(1) Of whether the test will be for alcohol or drugs, or both;
(2) That the results of the test are not admissible in any criminal proceeding against him; and
(3) That he may refuse the test, but that his refusal may result in his dismissal.
2. A certificate holder may request an employee to submit to a screening test if the employee, during the performance of his duties, drives a motor vehicle in such a manner as to cause bodily injury to himself or another person or substantial damage to property. For the purposes of this subsection, the taxicab authority shall, by regulation, define the term "substantial damage to property."
3. A certificate holder shall:
(a) Within a reasonable time after an employee submits to a screening test to detect the general presence of a controlled substance or any other drug, allow the employee to obtain at his expense an independent test of his urine or blood from a laboratory of his choice that is certified by the Department of Health and Human Services.
(b) Within a reasonable time after an employee submits to a screening test to detect the general presence of alcohol, allow the employee to obtain at his expense an independent test of his blood from a laboratory of his choice.
(c) Provide the employee with the written results of his screening test within 3 working days after it receives those results.
4. A certificate holder shall not use a screening test to harass an employee.
Sec. 16 An employee of a certificate holder who:
1. Fails to notify the certificate holder as soon as possible after consuming any drug that could interfere with the safe and efficient performance of his duties;
2. Fails or refuses to submit to a screening test as requested by the certificate holder pursuant to section 15 of this act; or
3. After taking a screening test which indicates the presence of a controlled substance, fails to provide proof, within 72 hours after being requested by the certificate holder, that he had taken the controlled substance as directed pursuant to a current and lawful prescription issued in his name,
is subject to dismissal by the certificate holder.
Sec. 17 1. If an employee of a certificate holder informs the certificate holder that he has consumed any drug which could interfere with the safe and efficient performance of his duties, the certificate holder may require the employee to obtain clearance from his physician before he continues to work.
2. If a certificate holder reasonably believes, based upon objective facts, that the ability of an employee to perform his duties safely and efficiently:
(a) May be impaired by the consumption of alcohol or other drugs, it shall ask the employee whether he has consumed any alcohol or other drugs and, if so:
(1) The amount and types of alcohol or other drugs consumed and the time of consumption; and
(2) If a controlled substance was consumed, the name of the person who prescribed its use.
(b) Is impaired by the consumption of alcohol or other drugs, it shall prevent the employee from continuing work.
Sec. 18 1. A screening test:
(a) To detect the general presence of a controlled substance or any other drug must be conducted by an independent laboratory which is certified by the Department of Health and Human Services.
(b) To detect the general presence of alcohol or of a controlled substance or any other drug must be administered in such a manner as to protect the person tested from any unnecessary embarrassment.
2. Except as otherwise provided in subsection 3, a sample of urine provided for use in a screening test must not be used for any test or purpose without the prior written consent of the person providing the sample. The certificate holder shall ensure that the person retains possession and control of his sample until it is appropriately tagged and sealed with tamper-proof tape.
3. If the results of a screening test indicate the presence of any drug that could impair the ability of a person to perform his duties safely and efficiently:
(a) The laboratory shall conduct another test of the same sample of urine to ascertain the specific substances and concentration of those substances in the sample; and
(b) The certificate holder shall provide the person tested with an opportunity to have the same sample tested at his expense by a laboratory of his choice certified by the Department of Health and Human Services.
Sec. 19 The results of a screening test taken pursuant to sections 12 to 21, inclusive, of this act are confidential and:
1. Are not admissible in a criminal proceeding against the person tested;
2. Must be securely maintained by the certificate holder or its designated representative separately from other files concerning personnel; and
3. Must not be disclosed to any person except:
(a) Upon the written consent of the person tested;
(b) As required by medical personnel for the diagnosis or treatment of the person tested, if he is physically unable to give his consent to the disclosure;
(c) As required pursuant to a properly issued subpoena;
(d) When relevant in a formal dispute between the certificate holder and the person tested; or
(e) As required for the administration of a plan of benefits for employees.
Sec. 20 The taxicab authority shall provide training in the provisions of sections 12 to 21, inclusive, of this act to certificate holders.
Sec. 21 The taxicab authority shall adopt such regulations as are necessary to carry out the purposes of sections 12 to 21, inclusive, of this act.
Sec. 22 NRS 706.756 is hereby amended to read as follows:
706.7561. Except as otherwise provided in subsection 2, any person who:
(a) Operates a vehicle or causes it to be operated in any carriage to which the provisions of NRS 706.011 to 706.861, inclusive, and sections 2 to 11, inclusive, of this act apply without first obtaining a certificate, permit or license, or in violation of the terms thereof;
(b) Fails to make any return or report required by the provisions of NRS 706.011 to 706.861, inclusive, and sections 2 to 11, inclusive, of this act, or by the commission or the department pursuant to the provisions of NRS 706.011 to 706.861, inclusive [;] , and sections 2 to 11, inclusive, of this act;
(c) Violates, or procures, aids or abets the violating of, any provision of NRS 706.011 to 706.861, inclusive [;] , and sections 2 to 11, inclusive, of this act;
(d) Fails to obey any order, decision or regulation of the commission or the department;
(e) Procures, aids or abets any person in his failure to obey such an order, decision or regulation;
(f) Advertises, solicits, proffers bids or otherwise holds himself out to perform transportation as a common or contract carrier in violation of any of the provisions of NRS 706.011 to 706.861, inclusive [;] , and sections 2 to 11, inclusive, of this act;
(g) Advertises as providing the services of a fully regulated carrier without including the number of his certificate of public convenience and necessity or contract carrier's permit in each advertisement;
(h) Knowingly offers, gives, solicits or accepts any rebate, concession or discrimination in violation of the provisions of this chapter;
(i) Knowingly, willfully and fraudulently seeks to evade or defeat the purposes of this chapter;
(j) Operates or causes to be operated a vehicle which does not have the proper identifying device;
(k) Displays or causes or permits to be displayed a certificate, permit, license or identifying device, knowing it to be fictitious or to have been canceled, revoked, suspended or altered;
(l) Lends or knowingly permits the use of by one not entitled thereto any certificate, permit, license or identifying device issued to the person so lending or permitting the use thereof; or
(m) Refuses or fails to surrender to the commission or department any certificate, permit, license or identifying device which has been suspended, canceled or revoked pursuant to the provisions of this chapter,
is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.
2. A person convicted of a misdemeanor for a violation of the provisions of NRS 706.386 or 706.421 shall be punished:
(a) For the first offense by a fine of not less than $500 nor more than $1,000;
(b) For a second offense within 12 consecutive months and each subsequent offense by a fine of $1,000; or
(c) For any offense, by imprisonment in the county jail for not more than 6 months, or by both the prescribed fine and imprisonment.
3. Any common motor carrier of passengers who operates or permits the operation of a vehicle in passenger service without a certificate of public convenience and necessity issued pursuant to NRS 706.391 is guilty of a gross misdemeanor. If a law enforcement officer witnesses a violation of this subsection, he may cause the vehicle to be towed immediately from the scene.
4. The fines provided in this section are mandatory and must not be reduced under any circumstances by the court.
[4.] 5. Any bail allowed must not be less than the appropriate fine provided for by this section.
Sec. 23 NRS 706.881 is hereby amended to read as follows:
706.8811. NRS 706.8811 to 706.885, inclusive, and sections 12 to 21, inclusive, of this act apply to any county:
(a) Whose population is 400,000 or more; or
(b) For whom regulation by the taxicab authority is not required if its board of county commissioners has enacted an ordinance approving the inclusion of the county within the jurisdiction of the taxicab authority.
2. Upon receipt of a certified copy of such an ordinance from a county for whom regulation by the taxicab authority is not required, the taxicab authority shall exercise its regulatory authority pursuant to NRS 706.8811 to 706.885, inclusive, and sections 12 to 21, inclusive, of this act within that county.
3. Within any such county, the provisions of this chapter which confer regulatory authority over taxicab motor carriers upon the public service commission of Nevada do not apply.
Sec. 24 NRS 706.8811 is hereby amended to read as follows:
706.8811As used in NRS 706.881 to 706.885, inclusive, and sections 12 to 21, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 706.8812 to 706.8817, inclusive, and section 12 of this act have the meanings ascribed to them in those sections.
Sec. 25 NRS 706.885 is hereby amended to read as follows:
706.8851. Any person who knowingly makes or causes to be made, either directly or indirectly, a false statement on an application, account or other statement required by the taxicab authority or the administrator or who violates any of the provisions of NRS 706.881 to 706.885, inclusive, and sections 12 to 21, inclusive, of this act is guilty of a misdemeanor.
2. The taxicab authority or administrator may at any time, for good cause shown and upon at least 5 days' notice to the grantee of any certificate or driver's permit, and after a hearing unless waived by the grantee, penalize the grantee of a certificate to a maximum amount of $15,000 or penalize the grantee of a driver's permit to a maximum amount of $500 or suspend or revoke the certificate or driver's permit granted by it or him, respectively, for:
(a) Any violation of any provision of NRS 706.881 to 706.885, inclusive, and sections 12 to 21, inclusive, of this act, or any regulation of the taxicab authority or administrator.
(b) Knowingly permitting or requiring any employee to violate any provision of NRS 706.881 to 706.885, inclusive, and sections 12 to 21, inclusive, of this act, or any regulation of the taxicab authority or administrator.
If a penalty is imposed on the grantee of a certificate pursuant to this section, the taxicab authority or administrator may require the grantee to pay the costs of the proceeding, including investigative costs and attorney's fees.
3. When a driver or certificate holder fails to appear at the time and place stated in the notice for the hearing, the administrator shall enter a finding of default. Upon a finding of default, the administrator may suspend or revoke the license, permit or certificate of the person who failed to appear and impose the penalties provided in this chapter. For good cause shown, the administrator may set aside a finding of default and proceed with the hearing.
4. Any person who operates or permits a taxicab to be operated in passenger service without a certificate of public convenience and necessity issued pursuant to NRS 706.8827, is guilty of a gross misdemeanor. If a law enforcement officer witnesses a violation of this subsection, he may cause the vehicle to be towed immediately from the scene.
5. The conviction of a person pursuant to subsection 1 does not bar the taxicab authority or administrator from suspending or revoking any certificate, permit or license of the person convicted. The imposition of a fine or suspension or revocation of any certificate, permit or license by the taxicab authority or administrator does not operate as a defense in any proceeding brought under subsection 1.
Sec. 26 The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 27 The amendatory provisions of this act do not apply to offenses that are committed before the effective date of this act.
Sec. 28 This act becomes effective upon passage and approval.