- Senate Bill No. 451-Senator Regan
CHAPTER
555
- AN ACT relating to tow cars; requiring operators of tow cars to obtain certificates of public convenience and necessity before operating in this state; requiring the public service commission of Nevada to issue certificates of public convenience and necessity to all operators of tow cars who were previously authorized by the commission to operate in this state; authorizing the commission to regulate rates for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle; requiring operators of tow cars to file their rates for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle with the commission; requiring an operator of a tow car to file with the public service commission of Nevada his charges for preparing or satisfying a lien against a stored vehicle; making various changes concerning operators of tow cars; providing penalties; 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:
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Section 1. NRS 703.010 is hereby amended to read as follows:
703.010As used in this chapter:
1. "Commission" means the public service commission of Nevada.
2. "Fully regulated carrier" has the meaning ascribed to it in NRS 706.072.
3. "Tow car" has the meaning ascribed to it in NRS 706.131.
4. "Towing services" has the meaning ascribed to it in section 9 of this act.
Sec. 2. NRS 703.191 is hereby amended to read as follows:
703.1911. Each public utility, fully regulated carrier , operator of a tow car and broker of services regulated by the commission shall:
(a) Keep uniform and detailed accounts of all business transacted in the manner required by the commission by regulation, and render them to the commission upon its request.
(b) Furnish an annual report to the commission in the form and detail which it prescribes by regulation.
The regulations of the commission may not require an operator of a tow car to keep accounts and report information concerning towing services other than information that is necessary to permit the commission to enforce the provisions of NRS 706.010 to 706.791, inclusive.
2. Except as otherwise provided in subsection 3, the reports required by this section must be prepared for each calendar year and submitted not later than May 15 of the year following the year for which the report is submitted.
3. A motor carrier may, with the permission of the commission, prepare the reports required by this section for a year other than a calendar year which the commission specifies, and submit them not later than a date specified by the commission in each year.
4. If the commission finds that necessary information is not contained in a report submitted pursuant to this section, it may call for the omitted information at any time.
Sec. 3. NRS 703.310 is hereby amended to read as follows:
703.3101. When a complaint is made against any public utility, fully regulated carrier , [or] broker of regulated services or operator of a tow car by any person, that [any] :
(a) Any of the rates, tolls, charges or schedules, or any joint rate or rates assessed by any public utility, fully regulated carrier or broker of regulated services are in any respect unreasonable or unjustly discriminatory [, or that any] ;
(b) Any of the rates, tolls, charges or schedules, or any joint rate or rates assessed by any operator of a tow car for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle is unreasonable or unjustly discriminatory;
(c) Any of the provisions of NRS 706.446 to 706.453, inclusive, and sections 10, 11 and 11.5 of this act have been violated;
(d) Any regulation, measurement, practice or act directly relating to the transportation of persons or property, including the handling and storage of that property, or the service of any broker in connection therewith, or any regulation, measurement, practice or act affecting or relating to the production, transmission or delivery or furnishing of heat, light, gas, coal slurry, water or power, or any service in connection therewith or the transmission thereof is, in any respect, unreasonable, insufficient or unjustly discriminatory [, or that any] ; or
(e) Any service is inadequate,
the division of consumer relations of the commission shall investigate the complaint. After receiving the complaint, the division shall give a copy of it to the public utility, carrier , [or] broker or operator of a tow car against whom the complaint is made. Within a reasonable time thereafter, the public utility, carrier , [or] broker or operator of a tow car shall provide the division with its written response to the complaint according to the regulations of the commission.
2. If the division of consumer relations is unable to resolve the complaint, the division shall transmit the complaint, the results of its investigation and its recommendation to the commission. If the commission determines that probable cause exists for the complaint, it shall order a hearing thereof, give notice of the hearing and conduct the hearing as it would any other hearing.
3. No order affecting a rate, toll, charge, schedule, regulation, measurement, practice or act complained of may be entered without a formal hearing unless the hearing is dispensed with as provided in NRS 703.320.
Sec. 4. NRS 703.320 is hereby amended to read as follows:
703.3201. When, in any matter pending before the commission, a hearing is required by law, or is normally required by the commission, the commission shall give notice of the pendency of the matter to all persons entitled to notice of the hearing. The commission shall by regulation specify:
(a) The manner of giving notice; and
(b) Where not specified by law, the persons entitled to notice in each type of proceeding.
2. Unless, within 10 days after the date of the notice of pendency, a person entitled to notice of the hearing files with the commission a request that the hearing be held, the commission may dispense with a hearing and act upon the matter pending.
3. If a request for a hearing is filed, the commission shall give at least 10 days' notice of the hearing.
4. If an operator of a tow car files an application for a certificate of public convenience and necessity or an application to transfer a certificate of public convenience and necessity with the commission, the commission shall give notice pursuant to the provisions of subsection 1.
Sec. 5. NRS 703.374 is hereby amended to read as follows:
703.3741. A court of competent jurisdiction, after hearing, may issue an injunction suspending or staying any final order of the commission if:
(a) The applicant has filed a motion for a preliminary injunction;
(b) The applicant has served the motion on the commission and other interested parties within 20 days after the rendition of the order on which the complaint is based;
(c) The court finds there is a reasonable likelihood that the applicant will prevail on the merits of the matter and will suffer irreparable injury if injunctive relief is not granted; and
(d) The applicant files a bond or other undertaking to secure the adverse parties in such manner as the court finds sufficient.
2. The decision of the commission on each matter considered shall be deemed reasonable and just until set aside by the court, and in all actions for injunction or otherwise , the burden of proof is upon the party attacking or resisting the order of the commission to show by clear and satisfactory evidence that the order is unlawful, or unreasonable, as the case may be.
3. If an injunction is granted by the court and the order complained of is one which permanently suspends a schedule of rates and charges or a part thereof filed by any public utility pursuant to NRS 704.070 to 704.110, inclusive, or by any fully regulated carrier or operator of a tow car pursuant to NRS 706.321 to 706.346, inclusive, or which otherwise prevents the schedule or any part thereof from taking effect, the public utility , [or] carrier or operator of a tow car complaining may keep in effect or put into effect, as the case may be, the suspended schedule or any part thereof pending final determination by the court having jurisdiction, by filing a bond with the court in such an amount as the court may fix, conditioned upon the refund to persons entitled to the excess amount if the rate or rates so suspended are finally determined by the court to be excessive.
Sec. 6. NRS 703.375 is hereby amended to read as follows:
703.3751. If a court determines that the rate or rates considered by the commission are excessive, and that the public utility , [or] fully regulated carrier or operator of a tow car has collected those excessive rates, the public utility , [or] carrier or operator of a tow car shall compute and refund the excess or overpayment of the rate or rates pursuant to a plan approved by the commission:
(a) For public utilities, within 60 days after the entry of the final judgment of the court.
(b) For carriers [,] or operators of tow cars, within 120 days after the entry of the final judgment of the court.
2. The public utility , [or] carrier or operator of a tow car shall prepare and file with the commission a statement and report in affidavit form stating that all money has been refunded according to the approved plan, and if there are persons to whom payment has not or cannot be made, the names, addresses and individual amounts of the refund must be listed in the report. The statement and report must be filed with the commission:
(a) By the public utility within 90 days after the entry of final judgment.
(b) By the carrier or operator of a tow car within 150 days after the entry of final judgment.
The public utility , [and the] carrier or operator of a tow car shall pay the aggregate amount of the unpaid refunds to the commission.
3. The commission shall:
(a) Retain the aggregate refunds in the public service commission regulatory fund subject to the claim of each person entitled thereto for his share in the refund; and
(b) Pay all valid claims which are presented for payment within 2 years after the date of the entry of final judgment of the court.
All claimants must identify themselves to the satisfaction of the commission before payment may be made.
4. Any person has a right of action against the commission in the event of a refusal of the commission to pay his claim if the person's name appears in the report filed by the public utility [or carrier.] , carrier or operator of a tow car. This action against the commission must be brought within 6 months after the refusal to pay the claim.
5. The commission shall investigate every case in which a claim is presented to it by a person claiming a refund [under] pursuant to a plan submitted by a public utility , [or] carrier or operator of a tow car which was approved by the commission. If the investigation results in a refusal by the public utility , [or] carrier or operator of a tow car to pay a valid claim, [then] the claimant has a right of action against the public utility [or carrier.] , carrier or operator of a tow car.
6. Any unclaimed money which remains in the custody of the commission at the expiration of the 2-year period escheats to [the] this state.
Sec. 7. Chapter 706 of NRS is hereby amended by adding thereto the provisions set forth as sections 8 to 11.5, inclusive, of this act.
Sec. 8. "Tilt bed" includes the bed of a truck onto which a vehicle may be hoisted and secured for transport.
Sec. 9. "Towing services" includes the process of towing a vehicle, the storage of that vehicle, the storage of items found in that vehicle and the process of preparing and satisfying any liens against that vehicle to which the operator is entitled.
Sec. 10. The commission may not regulate the:
1. Geographical area in which towing services are provided;
2. Types of towing services that are provided; or
3. Rates and charges assessed or the terms and conditions imposed for towing services performed with the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle,
by an operator of a tow car.
Sec. 11. 1. An operator of a tow car who is issued a certificate of public convenience and necessity may transfer it to another operator of a tow car qualified pursuant to the provisions of NRS 706.011 to 706.791, inclusive, but no such transfer is valid for any purpose until a joint application to make the transfer is made to the commission by the transferor and the transferee, and the commission has authorized the substitution of the transferee for the transferor. No transfer of stock of a corporate operator of a tow car subject to the jurisdiction of the commission is valid without the prior approval of the commission if the effect of the transfer would be to change the corporate control of the operator of a tow car or if a transfer of 15 percent or more of the common stock of the operator of a tow car is proposed.
2. The commission shall approve an application filed with it pursuant to subsection 1 if it determines that the transferee:
(a) Complies with the provisions of NRS 706.011 to 706.791, inclusive, and the regulations adopted by the commission pursuant to those provisions;
(b) Uses equipment that is in compliance with the regulations adopted by the commission;
(c) Has provided evidence that he has filed with the commission a liability insurance policy, a certificate of insurance or a bond of a surety and bonding company or other surety required for every operator of a tow car pursuant to the provisions of NRS 706.291; and
(d) Has provided evidence that he has filed with the commission schedules and tariffs pursuant to NRS 706.321 which contain rates and charges and the terms and conditions that the operator of the tow car requires to perform towing services without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle which do not exceed the rates and charges that the transferor was authorized to assess for the same services.
3. The commission may hold a hearing concerning an application submitted pursuant to this section only if:
(a) Upon the expiration of the time fixed in the notice that an application for transfer of a certificate of public convenience and necessity is pending, a petition to intervene has been granted by the commission; or
(b) The commission finds that after reviewing the information provided by the applicant and inspecting the operations of the applicant, it cannot make a determination as to whether the applicant has complied with the requirements of subsection 2.
4. The commission shall not hold a hearing on an application submitted pursuant to this section if the application is made to transfer the certificate of public convenience and necessity from a natural person or partners to a corporation whose controlling stockholders will be substantially the same person or partners.
5. The approval by the commission of an application for transfer of a certificate of public convenience and necessity of an operator of a tow car is not valid after the expiration of the term for the transferred certificate.
Sec. 11.5. 1. Each operator of a tow car shall file its charges for preparing or satisfying a lien to which the operator is entitled against a vehicle that was towed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle. The commission may investigate any charge filed pursuant to this subsection and revise the charge as necessary to ensure that the charge is reasonable.
2. An operator of a tow car may not impose a charge or any part of a charge filed pursuant to subsection 1 unless the operator:
(a) Has initiated the procedure by which a person may satisfy a lien; and
(b) Stores the vehicle for at least 96 hours.
3. If an operator of a tow car stores a vehicle that was towed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle for at least 96 hours but not more than 336 hours, the operator may charge an amount not to exceed 50 percent of the charge approved by the commission pursuant to subsection 1 for preparing or satisfying a lien.
4. If an operator of a tow car stores a vehicle that was towed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle for more than 336 hours, the operator may charge an amount not to exceed 50 percent of the charge approved by the commission pursuant to subsection 1 for preparing or satisfying a lien in addition to the amount charged pursuant to subsection 3.
Sec. 12. NRS 706.011 is hereby amended to read as follows:
706.011 As used in NRS [706.013] 706.011 to 706.791, inclusive, and sections 8 to 11.5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 706.013 to 706.146, inclusive, and sections 8 and 9 of this act have the meanings ascribed to them in those sections.
Sec. 13. NRS 706.051 is hereby amended to read as follows:
706.051 "Contract motor carrier" means any person or operator engaged in transportation by motor vehicle of passengers or [property] household goods for compensation [under] pursuant to continuing contracts with one person or a limited number of persons:
1. For the furnishing of transportation services through the assignment of motor vehicles for a continuing period of time to the exclusive use of each person served;
2. For the furnishing of transportation services designed to meet the distinct need of each individual customer; and
3. Not operating as a common motor carrier of passengers or property.
Sec. 14. NRS 706.131 is hereby amended to read as follows:
706.131 "Tow car" means a vehicle which is designed or modified and equipped for and is used exclusively in the business of towing or transporting disabled vehicles by means of a crane, hoist, tow bar, towline , tilt bed or dolly, or is otherwise exclusively used to render assistance to disabled vehicles or to tow any vehicle which is being impounded by any law enforcement agency, removed from any unauthorized parking area or which is otherwise required to be transported by tow car at the request of the owner of [such] the vehicle or any other authorized person.
Sec. 15. NRS 706.151 is hereby amended to read as follows:
706.1511. It is hereby declared to be the purpose and policy of the legislature in enacting this chapter:
(a) Except to the extent otherwise provided in NRS 706.881 to 706.885, inclusive, to confer upon the commission the power and to make it the duty of the commission to regulate fully regulated carriers , operators of tow cars and brokers of regulated services to the extent provided in this chapter and to confer upon the department the power to license all motor carriers and to make it the duty of the department to enforce the provisions of this chapter and the regulations adopted by the commission pursuant to it, to relieve the undue burdens on the highways arising by reason of the use of the highways by vehicles in a gainful occupation thereon.
(b) To provide for reasonable compensation for the use of the highways in gainful occupations, and enable the State of Nevada, by using license fees, to provide for the proper construction, maintenance and repair thereof, and thereby protect the safety and welfare of the traveling and shipping public in their use of the highways.
(c) To provide for fair and impartial regulation, to promote safe, adequate, economical and efficient service and to foster sound economic conditions in motor transportation.
(d) To encourage the establishment and maintenance of reasonable charges for [intrastate] :
(1) Intrastate transportation by fully regulated carriers ; and
(2) Towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle,
without unjust discriminations against or undue preferences or advantages being given to any motor carrier or applicant for a certificate of public convenience and necessity.
(e) To discourage any practices which would tend to increase or create competition that may be detrimental to the traveling and shipping public or the motor carrier business within this state.
2. All of the provisions of this chapter must be administered and enforced with a view to carrying out the declaration of policy contained in this section.
Sec. 16. NRS 706.156 is hereby amended to read as follows:
706.1561. All common and contract motor carriers and brokers are hereby declared to be, to the extent provided in this chapter:
(a) Affected with a public interest; and
(b) Subject to NRS 706.011 to 706.791, inclusive.
2. [Fully regulated carriers are subject to the regulation of rates, charges and services by the commission.
3.] A purchaser or broker of transportation services which are provided by a common motor carrier who holds a certificate of public convenience and necessity may resell those services, in combination with other services and facilities that are not related to transportation, but only in a manner complying with the scope of authority set forth in the certificate of the common motor carrier. The commission shall not prohibit or restrict such a purchaser or broker from reselling those transportation services to any person based upon that person's affiliation, or lack of affiliation, with any group.
Sec. 17. NRS 706.166 is hereby amended to read as follows:
706.166The commission shall:
1. Subject to the limitation provided in NRS 706.168 and to the extent provided in this chapter, supervise and regulate [every] :
(a) Every fully regulated carrier and broker of regulated services in this state in all matters directly related to those activities of the motor carrier and broker actually necessary for the transportation of persons or property, including the handling and storage of that property, over and along the highways.
(b) Every operator of a tow car concerning the rates and charges assessed for towing services performed without the prior consent of the operator of the vehicle or the person authorized by the owner to operate the vehicle and pursuant to the provisions of NRS 706.010 to 706.791, inclusive.
2. Cooperate with the department in its issuance of permits by performing safety and operational investigations of all persons applying for a permit from the department to transport radioactive waste, and reporting its findings to the department.
3. Enforce the standards of safety applicable to the employees, equipment, facilities and operations of those common and contract carriers subject to the authority of the commission or the department by:
(a) Providing training in safety;
(b) Reviewing and observing the programs or inspections of the carrier relating to safety; and
(c) Conducting inspections relating to safety at the operating terminals of the carrier.
4. To carry out the policies expressed in NRS 706.151, adopt regulations providing for agreements between two or more fully regulated carriers or two or more operators of tow cars relating to:
(a) Fares [;
(b) Rates;] of fully regulated carriers;
(b) All rates of fully regulated carriers and rates of operators of tow cars for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle;
(c) Classifications;
(d) Divisions;
(e) Allowances; and
(f) [Charges,] All charges of fully regulated carriers and charges of operators of tow cars for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle, including charges between carriers and compensation paid or received for the use of facilities and equipment.
These regulations may not provide for collective agreements which restrain any party from taking free and independent action.
Sec. 18. NRS 706.169 is hereby amended to read as follows:
706.169The department shall:
1. Regulate the activities of common and contract carriers of property other than fully regulated carriers [.] and operators of tow cars.
2. Regulate the licensing of private motor carriers of property used for private commercial enterprises on any highway in this state.
Sec. 19. NRS 706.285 is hereby amended to read as follows:
706.285All advertising by [a] :
1. A fully regulated carrier of intrastate commerce ; and
2. An operator of a tow car,
must include the number of the certificate of public convenience and necessity or contract carrier's permit issued to him by the commission.
Sec. 20. NRS 706.311 is hereby amended to read as follows:
706.3111. [Every] Except as otherwise provided in subsection 2, every common and contract motor carrier is required to furnish reasonably adequate service and facilities , and all transportation charges made by any such carrier [shall] must be just and reasonable.
2. Every operator of a tow car is required to furnish reasonably adequate service and facilities, and all charges assessed for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle must be just and reasonable.
3. Every unjust and unreasonable charge for service by any such carrier or operator of a tow car is prohibited and [declared] shall be deemed to be unlawful.
Sec. 21. NRS 706.321 is hereby amended to read as follows:
706.3211. [Every] Except as otherwise provided in subsection 2, every common or contract motor carrier shall file with the commission:
(a) Within a time to be fixed by the commission, schedules and tariffs [which must be] that must:
(1) Be open to public inspection [, showing] ; and
(2) Include all rates, fares and charges which the carrier has established and which are in force at the time of filing for any service performed in connection therewith by any carrier controlled and operated by it.
(b) As a part of that schedule, all regulations of the carrier that in any manner affect the rates or fares charged or to be charged for any service [.] and all regulations of the carrier that the carrier has adopted to comply with the provisions of NRS 706.010 to 706.791, inclusive.
2. Every operator of a tow car shall file with the commission:
(a) Within a time to be fixed by the commission, schedules and tariffs that must:
(1) Be open to public inspection; and
(2) Include all rates and charges for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle which the operator has established and which are in force at the time of filing.
(b) As a part of that schedule, all regulations of the operator of the tow car which in any manner affect the rates charged or to be charged for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle and all regulations of the operator of the tow car that the operator has adopted to comply with the provisions of NRS 706.010 to 706.791, inclusive.
3. No changes may be made in any schedule, including schedules of joint rates, or in the regulations affecting any rates or charges, except upon 30 days' notice to the commission, and all those changes must be plainly indicated on any new schedules filed in lieu thereof 30 days before the time they are to take effect. The commission, upon application of any carrier, may prescribe a shorter time within which changes may be made. The 30 days' notice is not applicable when the carrier gives written notice to the commission 10 days before the effective date of its participation in a tariff bureau's rates and tariffs, provided the rates and tariffs have been previously filed with and approved by the commission.
[3.] 4. The commission may at any time, upon its own motion, investigate any of the rates, fares, charges, regulations, practices and services [,] filed pursuant to this section and, after hearing, by order, make such changes as may be just and reasonable.
[4.] 5. The commission may dispense with the hearing on any change requested in rates, fares, charges, regulations, practices or service [.
5.] filed pursuant to this section.
6. All rates, fares, charges, classifications and joint rates, regulations, practices and services fixed by the commission are in force, and are prima facie lawful, from the date of the order until changed or modified by the commission, or pursuant to NRS 703.373 to 703.376, inclusive.
[6.] 7. All regulations, practices and service prescribed by the commission must be enforced and are prima facie reasonable unless suspended or found otherwise in an action brought for the purpose, pursuant to the provisions of NRS 703.373 to 703.376, inclusive, or until changed or modified by the commission itself upon satisfactory showing made.
Sec. 22. NRS 706.323 is hereby amended to read as follows:
706.3231. Except as otherwise provided in subsection 2, the commission may not investigate, suspend, revise or revoke any rate that is subject to the approval of the commission pursuant to NRS 706.321 and proposed by a common motor carrier or contract motor carrier because the rate is too high or too low and therefore unreasonable if:
(a) The motor carrier notifies the commission that it wishes to have the rate reviewed by the commission pursuant to this subsection; and
(b) The rate resulting from all increases or decreases within 1 year is not more than 10 percent above or 10 percent below the rate in effect 1 year before the effective date of the proposed rate.
2. This section does not limit the commission's authority to investigate, suspend, revise or revoke a proposed rate if the rate would violate the provisions of NRS 706.151.
Sec. 23. NRS 706.326 is hereby amended to read as follows:
706.3261. Whenever there is filed with the commission pursuant to NRS 706.321 any schedule or tariff stating a new or revised individual or joint rate, fare or charge, or any new or revised individual or joint regulation or practice affecting any rate, fare or charge, or any schedule or tariff resulting in a discontinuance, modification or restriction of service, the commission may [enter upon] commence an investigation or, upon reasonable notice, [enter upon] hold a hearing concerning the propriety of the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice.
2. Pending the investigation or hearing and the decision thereon, the commission, upon delivering to the common or contract motor carrier affected thereby a statement in writing of its reasons for the suspension, may suspend the operation of the schedule or tariff and defer the use of the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice, but not for a longer period than 150 days beyond the time when the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice would otherwise go into effect.
3. After full investigation or hearing, whether completed before or after the date upon which the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice is to go into effect, the commission may make such order in reference to the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice as would be proper in a proceeding initiated after the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice has become effective.
4. The commission shall determine whether it is necessary to hold a hearing [shall be held] to consider the proposed change in any schedule stating a new or revised individual or joint rate, fare or charge. In making that determination , the commission shall consider all timely written protests, any presentation the staff of the commission may desire to present, the application and any other matters deemed relevant by the commission.
Sec. 24. NRS 706.331 is hereby amended to read as follows:
706.3311. If, after due investigation and hearing, any authorized rates, tolls, fares, charges, schedules, tariffs, joint rates or any regulation, measurement, practice, act or service that is subject to the approval of the commission is complained of and is found to be unjust, unreasonable, insufficient, preferential, unjustly discriminatory or otherwise in violation of the provisions of this chapter, or if it is found that the service is inadequate, or that any reasonable service cannot be obtained, the commission may substitute therefor such other rates, tolls, fares, charges, tariffs, schedules or regulations, measurements, practices, service or acts and make an order relating thereto as may be just and reasonable.
2. When complaint is made of more than one matter, the commission may order separate hearings upon the several matters complained of at such times and places as it may prescribe.
3. No complaint may at any time be dismissed because of the absence of direct damage to the complainant.
4. The commission may at any time, upon its own motion, investigate any of the matters listed in subsection 1, and, after a full hearing , [as above provided,] by order, make such changes as may be just and reasonable, the same as if a formal complaint had been made.
Sec. 25. NRS 706.341 is hereby amended to read as follows:
706.341 [No]
1. An operator of a tow car shall, in the manner prescribed by the commission, notify the commission if the operator discontinues providing towing services from an operating terminal or establishes a new operating terminal from which a tow car provides towing services within 30 days after the operator discontinues providing towing services from an operating terminal or commences operations at the new terminal.
2. A common motor carrier , other than an operator of a tow car, authorized to operate by NRS 706.011 to 706.791, inclusive, shall not discontinue any service established [under] pursuant to the provisions of NRS 706.011 to 706.791, inclusive, and all other laws relating thereto and made applicable thereto by NRS 706.011 to 706.791, inclusive, without an order of the commission granted only after public notice or hearing in the event of protest.
Sec. 26. NRS 706.346 is hereby amended to read as follows:
706.3461. [A] Except as otherwise provided in subsection 3, a copy, or so much of the schedule or tariff as the commission determines necessary for the use of the public, [shall] must be printed in plain type and posted in every office of a common motor carrier where payments are made by customers or users, open to the public, in such form and place as to be readily accessible to the public and conveniently inspected.
2. [When] Except as otherwise provided in subsection 3, when a schedule or tariff of joint rates or charges is or may be in force between two or more [of such] common motor carriers or between any such carrier and a public utility, [such] the schedule or tariff [shall] must be printed and posted in [like manner.] the manner prescribed in subsection 1.
3. Only the rates for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle must be printed and posted by an operator of a tow car pursuant to subsections 1 and 2.
Sec. 27. NRS 706.386 is hereby amended to read as follows:
706.386 It is unlawful, except as otherwise provided in NRS 373.117 , 706.446, 706.453 and 706.745, for any fully regulated common motor carrier to operate as a carrier of intrastate commerce and any operator of a tow car to perform towing services within this state without first obtaining a certificate of public convenience and necessity from the commission.
Sec. 28. NRS 706.391 is hereby amended to read as follows:
706.391 1. Upon the filing of an application for a certificate of public convenience and necessity to operate as a motor carrier [,] other than an operator of a tow car, the commission shall fix a time and place for hearing thereon.
2. The commission shall issue such a certificate if it finds that:
(a) The applicant is fit, willing and able to perform the services of a common motor carrier;
(b) The proposed operation will be consistent with the legislative policies set forth in NRS 706.151;
(c) The granting of the certificate will not unreasonably and adversely affect other carriers operating in the territory for which the certificate is sought; and
(d) The proposed service will benefit the traveling and shipping public and the motor carrier business in this state.
3. The commission shall not find that the potential creation of competition in a territory which may be caused by the granting of a certificate, by itself, will unreasonably and adversely affect other carriers operating in the territory for the purposes of paragraph (c) of subsection 2.
4. An applicant for such a certificate has the burden of proving to the commission that the proposed operation will meet the requirements of subsection 2.
5. The commission may issue a certificate of public convenience and necessity to operate as a common motor carrier or issue it for:
(a) The exercise of the privilege sought.
(b) The partial exercise of the privilege sought.
6. The commission may attach to the certificate such terms and conditions as, in its judgment, the public interest may require.
7. The commission may dispense with the hearing on the application if, upon the expiration of the time fixed in the notice thereof, no petition to intervene has been filed on behalf of any person who has filed a protest against the granting of the certificate.
Sec. 29. NRS 706.437 is hereby amended to read as follows:
706.4371. A common carrier of property, other than a carrier of household goods [,] or an operator of a tow car, shall not operate as a carrier in intrastate commerce without first obtaining written approval from the department.
2. In addition to obtaining written approval pursuant to subsection 1, a carrier seeking to transport radioactive waste shall also obtain from the department the specific permits that are otherwise required to transport such waste.
Sec. 30. NRS 706.446 is hereby amended to read as follows:
706.446[1. Any person who was engaged in the transportation of vehicles by the use of a tow car with an unladen weight of less than 9,000 pounds, on or before January 1, 1971, and who held himself out for hire for such towing, must be granted a certificate of public convenience and necessity if an application therefor:
(a) Is made within 90 days after July 1, 1971;
(b) Is accompanied by a filing fee of $25; and
(c) Contains satisfactory evidence of a lawful nature and scope of the applicant's operation existing on or before January 1, 1971.
2. Before issuing any certificate of public convenience and necessity for the transportation of vehicles by tow car, the commission shall set the rate levels and storage charges under which such operation may be conducted, but the commission is not precluded from establishing rate areas.
3. When issued, a certificate of public convenience and necessity must authorize the recipient to operate within the territory which the applicant substantiates by documentation between January 1, 1968, and January 1, 1971.
4. Any person who on July 1, 1971, holds a valid certificate of public convenience and necessity issued by the commission for the operation of a tow car with an unladen weight of 9,000 pounds or more must be granted the authority to operate a tow car with an unladen weight of less than 9,000 pounds within the territory substantiated pursuant to subsection 3, but in no event less than the territory set forth in such certificate of public convenience and necessity.
5.] The provisions of this chapter do not require an operator of a tow car who provides towing for a licensed motor club regulated pursuant to chapter 696A of NRS to obtain a certificate of public convenience and necessity or to comply with the regulations or rates adopted by the commission to provide that towing.
Sec. 31. NRS 706.4463 is hereby amended to read as follows:
706.44631. In addition to the other requirements of this chapter, each operator of a tow car shall, to protect the health, safety and welfare of the public:
(a) Obtain a certificate of [operation] public convenience and necessity from the commission before he provides any services other than those services which he provides as a private motor carrier of property pursuant to the provisions of this chapter;
(b) Use a tow car of sufficient size and weight which is appropriately equipped to transport safely the vehicle which is being towed; and
(c) Comply with the [other requirements] provisions of NRS [706.153 and 706.4463 to 706.4479, inclusive.] 706.011 to 706.791, inclusive.
2. A person who wishes to obtain a certificate of public convenience and necessity to operate a tow car must file an application with the commission.
3. The commission shall issue a certificate of [operation] public convenience and necessity to an operator of a tow car if it determines that the applicant:
(a) Complies with the requirements of paragraphs (b) and (c) of subsection 1;
(b) Complies with the requirements of the regulations adopted by the commission pursuant to the provisions of this chapter; [and]
(c) Has provided evidence that he has filed with the commission a liability insurance policy, a certificate of insurance or a bond of a surety and bonding company or other surety required for every operator of a tow car pursuant to the provisions of NRS 706.291 [.] ; and
(d) Has provided evidence that he has filed with the commission schedules and tariffs pursuant to subsection 2 of NRS 706.321.
4. An applicant for a certificate has the burden of proving to the commission that the proposed operation will meet the requirements of subsection 3.
5. The commission may hold a hearing to determine whether an applicant is entitled to a certificate only if:
(a) Upon the expiration of the time fixed in the notice that an application for a certificate of public convenience and necessity is pending, a petition to intervene has been granted by the commission; or
(b) The commission finds that after reviewing the information provided by the applicant and inspecting the operations of the applicant, it cannot make a determination as to whether the applicant has complied with the requirements of subsection 3.
Sec. 32. NRS 706.4483 is hereby amended to read as follows:
706.4483 1. The commission shall act upon complaints regarding the failure of an operator of a tow car to comply with the provisions of NRS [706.153 and 706.4463 to 706.4485,] 706.011 to 706.791, inclusive.
2. In addition to any other remedies that may be available to the commission to act upon complaints, the commission may order the release of towed motor vehicles, cargo or personal property upon such terms and conditions as the commission determines to be appropriate.
Sec. 33. NRS 706.4485 is hereby amended to read as follows:
706.4485 A law enforcement agency that maintains and [utilizes] uses a list of operators of tow cars which are called by that agency to provide towing shall not include an operator of a tow car on the list unless he:
1. Holds a certificate [to provide towing] of public convenience and necessity issued by the commission.
2. [Agrees to comply] Complies with all applicable provisions of chapters 482, 484 and 706 of NRS.
3. Agrees to respond in a timely manner to requests for towing made by the agency.
4. Maintains adequate, accessible and secure storage within the State of Nevada for any vehicle that is towed.
5. [Meets such other standards as] Complies with all standards the law enforcement agency may adopt to protect the health, safety and welfare of the public.
6. Assesses only rates and charges that have been approved by the commission for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle.
7. The commission shall not require that an operator of a tow car charge the same rate to law enforcement agencies for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle that the operator charges to other persons for such services.
Sec. 34. NRS 706.453 is hereby amended to read as follows:
706.453 The provisions of NRS [706.153, 706.4463 to 706.4485, inclusive, 706.449 and] 706.446 to 706.451 , inclusive, and sections 10, 11 and 11.5 of this act do not apply to automobile wreckers who are licensed pursuant to chapter 487 of NRS.
Sec. 35. NRS 706.461 is hereby amended to read as follows:
706.461When:
1. A complaint has been filed with the commission alleging that any vehicle is being operated without a certificate of public convenience and necessity or contract carrier's permit as required by NRS 706.011 to 706.791, inclusive; or
2. The commission has reason to believe that any:
(a) Person is advertising to provide [the] :
(1) The services of a fully regulated carrier in intrastate commerce ; or
(2) Towing services,
without including the number of his certificate of public convenience and necessity or permit in each advertisement; or
(b) Provision of NRS 706.011 to 706.791, inclusive, is being violated,
the commission shall investigate the operations or advertising and may, after a hearing, order the owner or operator of the vehicle or the person advertising to cease and desist from any operation or advertising in violation of NRS 706.011 to 706.791, inclusive. The commission shall enforce compliance with the order [under] pursuant to the powers vested in the commission by NRS 706.011 to 706.791, inclusive, or by other law.
Sec. 36. NRS 706.6411 is hereby amended to read as follows:
706.6411 1. All motor carriers [coming within the terms of] , other than operators of tow cars, regulated pursuant to NRS 706.011 to 706.791, inclusive, to whom the certificates, permits and licenses provided by NRS 706.011 to 706.791, inclusive, have been issued may transfer them to another carrier , other than an operator of a tow car, qualified [under] pursuant to NRS 706.011 to 706.791, inclusive, but no such transfer is valid for any purpose until a joint application to make the transfer has been made to the commission by the transferor and the transferee, and the commission has authorized the substitution of the transferee for the transferor. No transfer of stock of a corporate motor carrier [under] subject to the jurisdiction of the commission is valid without the commission's prior approval if the effect of the transfer would be to change the corporate control of the carrier or if a transfer of 15 percent or more of the common stock of the carrier is proposed.
2. Except as otherwise provided in subsection 3, the commission shall fix a time and place for a hearing to be held unless the application is made to transfer the certificate from a natural person or partners to a corporation whose controlling stockholders will be substantially the same person or partners, and may hold a hearing to consider such an application.
3. The commission may also dispense with the hearing on the joint application to transfer if, upon the expiration of the time fixed in the notice thereof, no protest against the transfer of the certificate or permit has been filed by or in behalf of any interested person.
4. In determining whether or not the transfer of a certificate of public convenience and necessity or a permit to act as a contract motor carrier should be authorized, the commission shall consider:
(a) The service which has been performed by the transferor and that which may be performed by the transferee.
(b) Other authorized facilities for transportation in the territory for which the transfer is sought.
(c) Whether or not the transferee is fit, willing and able to perform the services of a common or contract motor carrier by vehicle and whether or not the proposed operation would be consistent with the legislative policy set forth in NRS 706.151.
5. Upon [such] a transfer [,] made pursuant to this section, the commission may make such amendments, restrictions or modifications in a certificate or permit as the public interest may require.
6. No transfer is valid beyond the life of the certificate, permit or license transferred.
Sec. 37. NRS 706.736 is hereby amended to read as follows:
706.7361. Except as otherwise provided in subsection 2, [none of] the provisions of NRS 703.191, 703.310, 703.374, 703.375 and 706.011 to 706.791, inclusive, do not apply to:
(a) The transportation by a contractor licensed by the state contractors' board of his own equipment in his own vehicles from job to job.
(b) Any person engaged in transporting his own personal effects in his own vehicle, but the provisions of this subsection do not apply to any person engaged in transportation by vehicle of property sold or to be sold, or used by him in the furtherance of any commercial enterprise other than as provided in paragraph (d), or to the carriage of any property for compensation.
(c) Special mobile equipment.
(d) The vehicle of any person, when that vehicle is being used in the production of motion pictures, including films to be shown in theaters and on television, industrial training and educational films, commercials for television and video discs and tapes.
(e) A private motor carrier of property which is used for any convention, show, exhibition, sporting event, carnival, circus or organized recreational activity.
(f) A private motor carrier of property which is used to attend livestock shows and sales.
2. Unless exempted by a specific state statute or a specific federal statute, regulation or rule, any person referred to in subsection 1 is subject to:
(a) The provisions of paragraph (d) of subsection [4] 1 of NRS 706.171 and NRS 706.235 to 706.256, inclusive, 706.281, 706.457 and 706.458.
(b) All rules and regulations adopted by reference pursuant to paragraph (b) of subsection [2] 1 of NRS 706.171 concerning the safety of drivers and vehicles.
(c) All standards adopted by regulation pursuant to NRS 706.173.
3. The provisions of NRS 706.311 to 706.453, inclusive, 706.471, 706.473, 706.475 and 706.6411 and sections 10, 11 and 11.5 of this act which authorize the commission to issue :
(a) Except as otherwise provided in paragraph (b), certificates of public convenience and necessity and contract carriers' permits and to regulate rates, routes and services apply only to fully regulated carriers.
(b) Certificates of public convenience and necessity to operators of tow cars and to regulate rates for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle apply to operators of tow cars.
4. Any person who operates [under] pursuant to a claim of an exemption provided by this section but who is found to be operating in a manner not covered by any of those exemptions immediately becomes liable, in addition to any other penalties provided in this chapter, for the fee appropriate to his actual operation as prescribed in this chapter, computed from the date when that operation began.
Sec. 38. 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, 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, or by the commission or the department pursuant to the provisions of NRS 706.011 to 706.861, inclusive;
(c) Violates, or procures, aids or abets the violating of, any provision of NRS 706.011 to 706.861, inclusive;
(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 [;] of the commission or the department;
(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;
(g) Advertises as providing [the] :
(1) The services of a fully regulated carrier ; or
(2) Towing services,
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. 39. NRS 706.761 is hereby amended to read as follows:
706.7611. Any agent or person in charge of the books, accounts, records, minutes or papers of any private, common or contract motor carrier [of passengers or household goods] or broker of any of these services who refuses or fails for a period of 30 days to furnish the commission or department with any report required by either or who fails or refuses to permit any person authorized by the commission or department to inspect such books, accounts, records, minutes or papers on behalf of the commission or department is liable to a penalty in a sum of not less than $300 nor more than $500. The penalty may be recovered in a civil action upon the complaint of the commission or department in any court of competent jurisdiction.
2. Each day's refusal or failure is a separate offense, and is subject to the penalty prescribed in this section.
Sec. 40. NRS 706.766 is hereby amended to read as follows:
706.7661. It is unlawful for any fully regulated carrier or operator of a tow car to charge, demand, collect or receive a greater or less compensation for any service performed by it within [the] this state or for any service in connection therewith than is specified in its fare, rates, joint rates, charges or rules and regulations on file with the commission, or to demand, collect or receive any fare, rate or charge not specified. The rates, tolls and charges named therein are the lawful rates, tolls and charges until they are changed as provided in this chapter.
2. It is unlawful for any fully regulated carrier or operator of a tow car to grant any rebate, concession or special privilege to any person which, directly or indirectly, has or may have the effect of changing the rates, tolls, charges or payments.
3. Any violation of the provisions of this section subjects the violator to the penalty prescribed in NRS 706.761.
Sec. 41. NRS 706.771 is hereby amended to read as follows:
706.771 1. Any [fully] :
(a) Fully regulated carrier [, broker] ;
(b) Broker of regulated services ;
(c) Operator of a tow car; or [other person who transports or stores household goods,]
(d) Other person,
or any agent or employee thereof, who violates any provision of this chapter, any lawful regulation of the commission or any lawful tariff on file with the commission or who fails, neglects or refuses to obey any lawful order of the commission or any court order for whose violation a civil penalty is not otherwise prescribed is liable to a penalty of not more than $10,000 for any violation. The penalty may be recovered in a civil action upon the complaint of the commission in any court of competent jurisdiction.
2. If the commission does not bring an action to recover the penalty prescribed by subsection 1, the commission may impose an administrative fine of not more than $10,000 for any violation of a provision of this chapter or any rule, regulation or order adopted or issued by the commission or department pursuant to the provisions of this chapter. A fine imposed by the commission may be recovered by the commission only after notice is given and a hearing is held pursuant to the provisions of chapter 233B of NRS.
3. All administrative fines imposed and collected by the commission pursuant to subsection 2 are payable to the state treasurer and must be credited to a separate account to be used by the commission to enforce the provisions of this chapter.
4. A penalty or fine recovered pursuant to this section is not a cost of service for purposes of rate making.
Sec. 42. Section 16 of chapter 472, Statutes of Nevada 1995, at page 1513, is hereby amended to read as follows:
Sec. 16. [1. NRS 706.446 is hereby repealed.
2.] NRS 706.447 and 706.448 are hereby repealed.
Sec. 43. 1. NRS 706.153 is hereby repealed.
2. Section 17 of chapter 472, Statutes of Nevada 1995, at page 1513, is hereby repealed.
Sec. 44. 1. The public service commission of Nevada shall, on or before October 1, 1997, issue a certificate of public convenience and necessity to any operator of a tow car:
(a) To whom a certificate of:
(1) Public convenience and necessity was issued before July 1, 1995; or
(2) Operation was issued before July 1, 1997; and
(b) Who, according to the records of the commission, is in compliance with the provisions of NRS 706.011 to 706.791, inclusive.
2. The certificates issued by the commission pursuant to subsection 1 must indicate the same number as the number of the certificate of public convenience and necessity or certificate of operation that was previously issued to the applicant, unless the commission has issued that number to another person.
Sec. 45. 1. An operator of a tow car who is entitled to the issuance of a certificate of public convenience and necessity pursuant to section 44 of this act shall not assess rates or charges for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle that are more than:
(a) The rates and charges that the operator of the tow car assessed for the same services on May 31, 1997; or
(b) The average of the rates and charges that were assessed on May 31, 1997, by operators of tow cars in the geographical area served by the operator, as determined by the commission,
whichever is greater, unless the operator files with the public service commission of Nevada the rates and charges assessed by him and the commission determines that the rates and charges are appropriate pursuant to subsection 4.
2. On or before October 1, 1997, an operator of a tow car who is entitled to the issuance of a certificate of public convenience and necessity pursuant to section 44 of this act shall file with the commission schedules and tariffs, showing:
(a) The rates and charges and the terms and conditions that the operator requires to perform towing services without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle.
(b) The address of the facilities used by the operator to operate his business.
(c) A description of the geographic area served by the operator.
(d) The policies and procedures adopted by the operator to ensure that his operations are in compliance with NRS 706.011 to 706.791, inclusive.
3. The commission shall, subject to the provisions of subsection 6, approve the rates and charges filed pursuant to subsection 2 if the rates and charges are less than or equal to:
(a) The rates and charges that the operator assessed for the same services on May 31, 1997; or
(b) The average of the rates and charges that were assessed on May 31, 1997, by operators of tow cars in the geographical area served by the operator, as determined by the commission.
4. If the rates and charges filed pursuant to subsection 2 are more than:
(a) The rates and charges that the operator assessed for the same services on May 31, 1997; or
(b) The average of the rates and charges that were assessed on May 31, 1997, by operators of tow cars in the geographical area served by the operator, as determined by the commission,
whichever is greater, the commission shall determine whether the rates and charges are appropriate and may suspend the rates and charges pursuant to the provisions of NRS 706.321 to 706.331, inclusive.
5. If the commission suspends the rates or charges assessed by an operator for his services, the operator may, during the suspension, charge rates or charges that are less than or equal to:
(a) The rates or charges that the operator assessed for those services on May 31, 1997; or
(b) The average of the rates and charges that were assessed on May 31, 1997, by operators of tow cars in the geographical area served by the operator, as determined by the commission.
6. Except as otherwise provided in this subsection, the commission may investigate or order changes to a rate or charge filed by the operator pursuant to subsection 2 if the commission reasonably believes that the assessment of the rate or charge would violate the provisions of NRS 706.151. The commission shall not investigate or change a rate or charge for:
(a) A service other than storage, unless the rate or charge assessed by the operator for a service other than storage on May 31, 1997, exceeds by more than 15 percent the average rate or charges being assessed for such services by operators of tow cars in the geographical area served by the operator, as determined by the commission; or
(b) Storage, unless the rate or charge assessed by the operator for storage on May 31, 1997, exceeds by more than 20 percent the average rate or charges being assessed for such services by operators of tow cars in the geographical area served by the operator, as determined by the commission.
7. An operator who is required to file rates and charges pursuant to subsection 2 may not request the commission to review a rate or charge pursuant to NRS 706.323 that would become effective before June 1, 1998.
Sec. 46. The amendatory provisions of this act do not apply to offenses that are committed before July 1, 1997.
Sec. 47. 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. 48. 1. This section, sections 1 to 29, inclusive, and 31 to 47, inclusive, of this act become effective on July 1, 1997.
2. Section 30 of this act becomes effective at 12:01 a.m. on July 1, 1997.
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