SUMMARY--Makes various changes concerning advertising by persons who engage in intrastate transportation of household goods. (BDR 58-1755)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to persons who engage in the intrastate transportation of household goods; requiring such a person to include the number of his certificate of public convenience and necessity in his advertising and the complete address of his place of business in any advertising or listing in a telephone directory; authorizing the public service commission of Nevada to petition the court for certain injunctive relief concerning unlawful advertising by such a person; requiring a provider of telephone service to disconnect the telephone service of such a person upon order of the court; 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, 3 and 4 of this act.
Sec. 2 As used in sections 3 and 4 of this act, "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 or in any directory, with or without any limiting qualifications.
Sec. 3 Each person who engages in the intrastate transportation of household goods shall:
1. In all advertising of his services, include the number of his certificate of public convenience and necessity.
2. In all advertising and listings of his services in a telephone directory, set forth the complete address of the place where his business is located.
Sec. 4 1. If the commission finds, after notice and hearing, that a person has violated section 3 of this act, the commission may, in addition to any penalty, punishment or disciplinary action authorized by this chapter, petition a court of competent jurisdiction for an injunction prohibiting the person from continuing to:
(a) Engage in such advertising.
(b) Use any telephone number mentioned in such advertising for any purpose.
2. If the court finds that the respondent has engaged in advertising that is unlawful pursuant to section 3 of this act, the court shall:
(a) Enjoin him from continuing the advertising.
(b) Enjoin him from using the telephone number mentioned in the advertising for any purpose.
(c) Issue an order that requires the telephone number mentioned in the advertising to be disconnected.
(d) Forward a copy of the order to the appropriate provider of telephone service within 5 days after issuing the order.
3. As used in this section, "provider of telephone service" includes, but is not limited to:
(a) A public utility furnishing telephone service.
(b) A provider of cellular or other service to a telephone that is installed in a vehicle or is otherwise portable.
Sec. 5 NRS 706.756 is hereby amended to read as follows:
706.756 1. 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, 3 and 4 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, 3 and 4 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, 3 and 4 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, 3 and 4 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, 3 and 4 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. The fines provided in this section are mandatory and must not be reduced under any circumstances by the court.
4. Any bail allowed must not be less than the appropriate fine provided for by this section.
Sec. 6 Chapter 707 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each provider of telephone service in this state shall, when notified that a court has ordered the disconnection of a telephone number pursuant to section 4 of this act, take such action as is necessary to carry out the order of the court.
2. As used in this section, "provider of telephone service" includes, but is not limited to:
(a) A public utility furnishing telephone service.
(b) A provider of cellular or other service to a telephone that is installed in a vehicle or is otherwise portable.
Sec. 7 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. 8 The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.