Senate Bill No. 444

Senate Bill No. 444-Committee on Transportation

CHAPTER

436

AN ACT relating to motor carriers; revising the provisions governing unlawful advertising by fully regulated carriers; authorizing the public service commission of Nevada to petition a court of competent jurisdiction for an injunction prohibiting a person from continuing to engage in certain advertising relating to those carriers; providing a penalty; and providing other matters properly relating thereto.

[Approved July 16, 1997]

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 and 3 of this act.
Sec. 2. 1. Each fully regulated carrier that advertises its services shall provide to the person who broadcasts, publishes, displays or distributes that advertisement the name, street address and telephone number of the natural person who requested the advertisement on behalf of the fully regulated carrier.
2. A person who broadcasts, publishes, displays or distributes the advertisement of a fully regulated carrier shall, within 3 days after he receives a written request from the commission, provide to the commission the name, street address and telephone number of the natural person who requested the advertisement if such information is readily available.
Sec. 3. 1. If the commission finds, after notice and hearing, that a person has violated NRS 706.285, 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 advertising that violates the provisions of NRS 706.285; or
(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 NRS 706.285, 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. 4. NRS 706.013 is hereby amended to read as follows:
706.013"Advertise" means the commercial use of any medium, including, but not limited to, the radio or television, or a newspaper, magazine, directory, sign or other printed matter, by a common or contract motor carrier to bring the services of the carrier to the attention of members of the general public.
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 and 3 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 and 3 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 and 3 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 and 3 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 and 3 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 3 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.
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