AB518_EN

Assembly Bill No. 518–Committee on Transportation

CHAPTER..........

AN ACT relating to transportation; imposing certain fees for the operation of livery and traditional limousines; prohibiting certain motor carriers from engaging in certain types of misleading advertising; providing for the impoundment of certain vehicles under certain circumstances; making various changes regarding the filing of certain applications; making various changes regarding the disposition of money paid for the special license plate for veterans; temporarily prohibiting the Transportation Services Authority from accepting certain applications relating to certificates of public convenience and necessity for the operation of limousines; temporarily prohibiting fully regulated carriers from increasing the number of limousines which they operate; directing the Legislative Commission to conduct a study of issues relating to the allocation of limousines; authorizing the Transportation Services Authority under certain circumstances to adopt regulations providing for a system of allocations for limousines; providing penalties; and providing other matters properly relating thereto.

Whereas, In Southern Nevada an excessive number of limousines may negatively affect the integrity and viability of the limousine industry and may negatively affect the taxi industry, as well as cause conflict between taxi and limousine drivers and companies which could negatively impact the tourism industries; now, therefore

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. An operator of a limousine shall, beginning on

July 1, 2003, and on July 1 of each year thereafter, pay to the

Authority a fee of $100 for each limousine that the Authority has

authorized the operator to operate.

2. As used in this section, “limousine” includes:

(a) A livery limousine; and

(b) A traditional limousine.

Sec. 3. 1. It is unlawful for any person to advertise services

for which a certificate of public convenience and necessity or a

contract carrier’s permit is required pursuant to NRS 706.011 to

706.791, inclusive, and sections 2 and 3 of this act, unless the

person has been issued such a certificate or permit.

2. If, after notice and a hearing, the Authority determines

that a person has engaged in advertising in a manner that violates

the provisions of this section, the Authority may, in addition to any

penalty, punishment or disciplinary action authorized by the

provisions of NRS 706.011 to 706.791, inclusive, and sections 2

and 3 of this act, issue an order to the person to cease and desist

the unlawful advertising and to:

(a) Cause any telephone number included in the advertising,

other than a telephone number to a provider of paging services, to

be disconnected.

(b) Request the provider of paging services to change the

number of any beeper which is included in the advertising or

disconnect the paging services to such a beeper, and to inform the

provider of paging services that the request is made pursuant to

this section.

3. If a person fails to comply with paragraph (a) of subsection

2 within 5 days after the date that he receives an order pursuant to

subsection 2, the Authority may request the Commission to order

the appropriate provider of telephone service to disconnect any

telephone number included in the advertisement, except for a

telephone number to a provider of paging services. If a person

fails to comply with paragraph (b) of subsection 2 within 5 days

after the date he receives an order pursuant to subsection 2, the

Authority may request the provider of paging services to switch

the beeper number or disconnect the paging services provided to

the person, whichever the provider deems appropriate.

4. If the provider of paging services receives a request from a

person pursuant to subsection 2 or a request from the Authority

pursuant to subsection 3, it shall:

(a) Disconnect the paging service to the person; or

(b) Switch the beeper number of the paging service provided to

the person.

If the provider of paging services elects to switch the number

pursuant to paragraph (b), the provider shall not forward or offer

to forward the paging calls from the previous number, or provide

or offer to provide a recorded message that includes the new

beeper number.

5. As used in this section:

(a) “Advertising” includes, but is not limited to, the issuance of

any sign, card or device, or the permitting or allowing of any sign

or marking on a motor vehicle, in any building, structure,

newspaper, magazine or airway transmission, on the Internet or in

any directory under the listing of “fully regulated carrier” with or

without any limiting qualifications.

(b) “Beeper” means a portable electronic device which is used

to page the person carrying it by emitting an audible or a vibrating

signal when the device receives a special radio signal.

public utility, that provides paging service to a beeper.

(d) “Provider of telephone service” has the meaning ascribed

to it in NRS 707.355.

Sec. 4. NRS 706.011 is hereby amended to read as follows:

706.011 As used in NRS 706.011 to 706.791, inclusive, and

sections 2 and 3 of this act, unless the context otherwise requires,

the words and terms defined in NRS 706.013 to 706.146, inclusive,

have the meanings ascribed to them in those sections.

Sec. 5. 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 common motor

carrier , other than an operator of a tow car, or an application for

modification of such a certificate, the Authority shall fix a time and

place for a hearing [thereon.]on the application.

2. The Authority shall [issue such a] grant the certificate or

modification if it finds that:

(a) The applicant is financially and operationally fit, willing

and able to perform the services of a common motor carrier [;]and

that the operation of, and the provision of such services by, the

applicant as a common motor carrier will foster sound economic

conditions within the applicable industry;

(b) The proposed operation or the proposed modification will

be consistent with the legislative policies set forth in NRS 706.151;

unreasonably and adversely affect other carriers operating in the

territory for which the certificate or modification is sought; [and]

(d) The proposed [service] operation or the proposed

modification will benefit and protect the safety and convenience of

the traveling and shipping public and the motor carrier business in

this state [.];

(e) The proposed operation, or service under the proposed

modification, will be provided on a continuous basis;

(f) The market identified by the applicant as the market which

the applicant intends to serve will support the proposed operation

or proposed modification; and

(g) The applicant has paid all fees and costs related to the

application.

3. The Authority shall not find that the potential creation of

competition in a territory which may be caused by the granting of [a

certificate,] the certificate or modification, by itself, will

unreasonably and adversely affect other carriers operating in the

territory for the purposes of paragraph (c) of subsection 2.

4. [An] In determining whether the applicant is fit to perform

the services of a common motor carrier pursuant to paragraph (a)

of subsection 2, the Authority shall consider whether the applicant

has violated any provision of this chapter or any regulations

adopted pursuant thereto.

5. The applicant for [such a certificate has] the certificate or

modification:

(a) Has the burden of proving to the Authority that the proposed

operation will meet the requirements of subsection 2 [.

5.]; and

(b) Must pay the amounts billed to the applicant by the

Authority for the costs incurred by the Authority in conducting

any investigation regarding the applicant and the application.

6. The Authority may issue or modify a certificate of public

convenience and necessity to operate as a common motor carrier, or

issue or modify it for:

(a) The exercise of the privilege sought.

(b) The partial exercise of the privilege sought.

[6.] 7. The Authority may attach to the certificate such terms

and conditions as, in its judgment, the public interest may require.

[7.] 8. The Authority 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

[.]or modification.

Sec. 6. 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 Authority or the Department pursuant to the

provisions of NRS 706.011 to 706.861, inclusive [;] , and sections 2

and 3 of this act;

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

Authority or the Department;

(e) Procures, aids or abets any person in his failure to obey such

an order, decision or regulation of the Authority 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 [;] , and sections 2 and 3 of this act;

(g) Advertises as providing:

(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 cancelled, 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 Authority or Department

any certificate, permit, license or identifying device which has been

suspended, cancelled 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] Any person

who, in violation of the provisions of NRS 706.386 , operates as a

fully regulated common motor carrier without first obtaining a

certificate of public convenience and necessity or any person who,

in violation of the provisions of 706.421 , operates as a contract

motor carrier without first obtaining a permit is guilty of a

misdemeanor and shall be punished:

(a) For [the] a first offense [,] within a period of 12 consecutive

months, by a fine of not less than $500 nor more than $1,000 . [;] In

addition to the fine, the person may be punished by imprisonment

in the county jail for not more than 6 months.

(b) For a second offense within a period of 12 consecutive

months and for each subsequent offense [,] that is committed within

a period of 12 consecutive months of any prior offense under this

subsection, by a fine of $1,000 . [; or

punished by imprisonment in the county jail for not more than 6

months . [, or by both the prescribed fine and imprisonment.]

3. Any person who , in violation of the provisions of NRS

706.386, operates or permits the operation of a vehicle in passenger

service without first obtaining a certificate of public convenience

and necessity [issued pursuant to NRS 706.391] is guilty of a gross

misdemeanor.

4. If a law enforcement officer witnesses a violation of [this

subsection, he] any provision of subsection 2 or 3, the law

enforcement officer may cause the vehicle to be towed immediately

from the scene [.

4.] and impounded in accordance with NRS 706.476.

5. The fines provided in this section are mandatory and must

not be reduced under any circumstances by the court.

[5.] 6. Any bail allowed must not be less than the appropriate

fine provided for by this section.

Sec. 7. NRS 417.145 is hereby amended to read as follows:

417.145 1. The Veterans’ Home Account is hereby

established in the State General Fund.

2. Money received by the Executive Director or the Deputy

Executive Director from:

(a) Payments by the Department of Veterans Affairs for veterans

who receive care in a veterans’ home;

(b) Other payments for medical care and services;

and

(d) Except as otherwise provided in subsection 7, gifts of money

and proceeds derived from the sale of gifts of personal property he

is authorized to accept for the use of veterans’ homes, if the use of

such gifts has not been restricted by the donor,

must be deposited with the State Treasurer for credit to the

Veterans’ Home Account.

3. Interest and income must not be computed on the money in

the Veterans’ Home Account.

4. The Veterans’ Home Account must be administered by the

Executive Director, with the advice of the Deputy Executive

Director and the Nevada Veterans’ Services Commission, and the

money deposited in the Veterans’ Home Account may only be

expended for:

(a) The operation of veterans’ homes;

(b) A program or service related to a veterans’ home;

veterans’ home; and

(d) The purpose of informing the public about issues concerning

the establishment and uses of a veterans’ home.

5. Except as otherwise provided in subsection 7, gifts of

personal property which the Executive Director or the Deputy

Executive Director is authorized to receive for the use of veterans’

homes:

(a) May be sold or exchanged if the sale or exchange is

approved by the State Board of Examiners; or

(b) May be used in kind if the gifts are not appropriate for

conversion to money.

6. All money in the Veterans’ Home Account must be paid out

on claims approved by the Executive Director as other claims

against the State are paid.

7. The Gift Account for Veterans’ Homes is hereby established

in the State General Fund. The Executive Director or the Deputy

Executive Director shall use gifts of money or personal property that

he is authorized to accept and which the donor has restricted to one

or more uses at a veterans’ home, only in the manner designated by

the donor. Gifts of money that the Executive Director or Deputy

Executive Director is authorized to accept and which the donor has

restricted to one or more uses at a veterans’ home must be deposited

with the State Treasurer for credit to the Gift Account for Veterans’

Homes. The interest and income earned on the money in the Gift

Account for Veterans’ Homes, after deducting any applicable

charges, must be credited to the Gift Account for Veterans’ Homes.

Any money remaining in the Gift Account for Veterans’ Homes at

the end of each fiscal year does not lapse to the State General Fund,

but must be carried forward into the next fiscal year.

8. The Executive Director shall, on or before August 1 of

each year, prepare and submit to the Interim Finance Committee

a report detailing the expenditures made from the Gift Account for

Veterans’ Homes that are attributable to the money deposited in

that account pursuant to subsection 2 of NRS 482.3764.

Sec. 8. NRS 482.3764 is hereby amended to read as follows:

482.3764 1. Before the Department issues to any person,

pursuant to NRS 482.3763:

(a) An initial set of special license plates, it shall:

(1) Collect a special fee for a veterans’ home in the amount

of $25; and

(2) Affix a decal to each plate if requested by an applicant

who meets the requirements set forth in NRS 482.37635.

(b) An annual renewal sticker, it shall:

(1) Collect a special fee for a veterans’ home in the amount

of $20; and

(2) Affix a decal to each plate if requested by an applicant

who meets the requirements set forth in NRS 482.37635.

2. The Department shall deposit [any money] the first

$100,000 collected pursuant to this section each year with the State

Treasurer for credit to the [Veterans’ Home Account.]Gift Account

for Veteran’s Homes, established by subsection 7 of NRS 417.145.

Thereafter, any additional amount collected pursuant to this

section during the year must be deposited in the State General

Fund.

Sec. 9. 1. Except as otherwise provided in subsection 2, for

the period beginning on June 1, 2003, and ending on July 1, 2004,

the Transportation Services Authority shall not accept the

submission or filing of any application for the modification of a

certificate of public convenience and necessity issued to a fully

regulated carrier of passengers for the operation of a livery or

traditional limousine if the application for modification is to

increase the number of limousines to be operated pursuant to the

certificate of public convenience and necessity in a county whose

population is 400,000 or more.

2. The Transportation Services Authority:

(a) Shall first publicly notice and then process, in the order in

which it was received, each application for any new or modified

certificate of public convenience and necessity that is received by

the Authority before June 1, 2003.

(b) Except as otherwise provided in this paragraph, during the

period beginning on June 1, 2003, and ending on July 1, 2004, shall

accept the submission and filing of applications for a new certificate

of public convenience and necessity for the operation of a livery or

traditional limousine in a county whose population is 400,000 or

more. Applications submitted and filed as described in this

paragraph must be processed in the ordinary course of business and

without undue delay. The Authority shall not, during that period:

(1) Accept the submission and filing of more than one

application by any one applicant.

(2) Approve the operation of more than two livery or

traditional limousines per each such application.

3. An unlimited certificate of public convenience and necessity

for the operation of a livery or traditional limousine issued to a fully

regulated carrier of passengers by the Transportation Services

Authority is void and revoked for the period from June 1, 2003, to

July 1, 2004, to the extent that the carrier has not, before June 1,

2003, registered in this state each authorized limousine covered by

the certificate of public convenience and necessity.

4. As used in this section:

(a) “Fully regulated carrier” has the meaning ascribed to it in

NRS 706.072.

(b) “Livery limousine” means a motor vehicle that is engaged in

the general transportation of persons for compensation and not

operated on a regular schedule or over regular routes and:

(1) Was a light truck, as that term is defined in 49 C.F.R. §

523.5, at the time of its manufacture; or

(2) Was originally manufactured as having a capacity of 9 or

more persons but less than 16 persons, including the

driver.

The term does not include a limousine for which the operator is not

required to obtain a certificate of public convenience and necessity

from the Transportation Services Authority.

engaged in the general transportation of persons for compensation

and not operated on a regular schedule or over regular routes and:

(1) Was a passenger automobile, as that term is defined in 49

C.F.R. § 523.4, at the time of its manufacture and was later modified

to increase its length; or

(2) Has a capacity of less than nine persons, including the

driver.

Sec. 10. 1. The Legislative Commission shall direct a study

of issues relating to the allocation of limousines.

2. The study must consider:

(a) Whether an allocation system is appropriate for the issuance

of certificates of public convenience and necessity for limousines

operated in a county whose population is 400,000 or more;

(b) Whether the budgetary needs of the Transportation Services

Authority are being met at a level that will ensure optimum

regulation of limousines, combined with an assessment of the

probable effect on operators of any additional regulatory fees; and

the Commission deems appropriate.

3. The Commission may apply for any available grants and

accept gifts, grants or donations to assist the Commission in

conducting the study.

4. The Commission may contract with or enter into an

agreement with a public or private agency that has the experience

necessary to conduct a study of the type described in subsection 2.

5. The Commission shall, on or before April 30, 2004, submit

the final results of the study to the Transportation Services

Authority. The Commission shall submit a report of the results of

the study and any recommendations for legislation to the 73rd

Session of the Nevada Legislature.

Sec. 11. 1. On or before May 28, 2004, the Legislative

Commission shall, based upon information gathered during the

study described in section 10 of this act, provide to the

Transportation Services Authority the recommendation of

the Commission as to whether the Authority should establish by

regulation a system of allocations for limousines.

2. The Authority shall consider the recommendation of the

Commission and if the Authority determines, based upon

information gathered during the study, that it would be advisable to

establish a system of allocations for limousines, the Authority may,

except as otherwise provided in subsection 3, adopt regulations in

accordance with chapter 233B of NRS establishing a system of

allocations for limousines. If established, such a system must set

forth the number of limousines that may be operated by a person

who holds a certificate of public convenience and necessity for the

operation of a livery or traditional limousine, as applicable.

3. On or before June 15, 2004, the Authority shall publicly

announce whether it will establish by regulation a system of

allocations for limousines.

4. As used in this section:

(a) “Livery limousine” has the meaning ascribed to it in section

9 of this act.

(b) “Traditional limousine” has the meaning ascribed to it in

section 9 of this act.

Sec. 12. The provisions of this act do not limit, prohibit,

restrict or otherwise affect the consideration of or processing of any

application for:

1. A new certificate of public convenience and necessity; or

2. The modification of a certificate of public convenience and

necessity,

that is filed with or submitted to the Transportation Services

Authority before June 1, 2003.

Sec. 13. 1. This section, sections 1 to 6, inclusive, and 9 to

12, inclusive, of this act become effective upon passage and

approval.

2. Sections 7 and 8 of this act become effective on July 1,

2005.

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