AB492 - Revises provisions relating to limousines. (BDR 58-1114)

A.B. 492 - *AB492* ASSEMBLY BILL NO. 492–COMMITTEE ON GROWTH AND INFRASTRUCTURE MARCH 24, 2025 ____________ Referred to Committee on Growth and Infrastructure SUMMARY—Revises provisions relating to limousines. (BDR 58-1114) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to limousines; authorizing the holder of a certificate of public convenience and necessity to operate a limousine in certain counties to lease a limousine to an independent contractor; requiring that a lease agreement be entered into between such a limousine operator and the independent contractor; imposing certain requirements and restrictions on the operator, the independent contractor and the Nevada Transportation Authority with respect to such leases; providing a penalty; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Under existing law, in a county whose population is 700,000 or more (currently 1 only Clark County), a person who holds a certificate of public convenience and 2 necessity issued by the Nevada Transportation Authority to operate a taxicab may 3 lease a taxicab to an independent contractor. The independent contractor may 4 operate the taxicab: (1) as a taxicab to the extent authorized by the certificate 5 holder’s certificate; and (2) to provide transportation services under an agreement 6 with a transportation network company. (NRS 706.473, 706.88396) Section 1 of 7 this bill authorizes, in a county whose population is 700,000 or more, an operator of 8 a limousine who holds a certificate to similarly lease the limousine, under certain 9 circumstances, to an independent contractor who may operate the limousine as a 10 limousine to the extent of the authority of the certificate holder. Section 1 imposes 11 certain requirements and restrictions upon the certificate holder, the independent 12 contractor and the Authority with respect to such leases. 13 Existing law requires an operator of a limousine to collect and remit to the 14 Authority a technology fee in an amount set by the Authority for each compensable 15 trip by the limousine if a computerized real-time data system is used for the 16 purposes of offering cooperative dispatch and electronic hailing services to the 17 – 2 – - *AB492* public. (NRS 706.165, 706.465) Sections 1 and 4 of this bill require an 18 independent contractor operating a limousine to also collect and remit to the 19 Authority the technology fee for compensable trips by the limousine leased by the 20 independent contractor. Under existing law, if the Department of Motor Vehicles is 21 not satisfied with the records or statements of, or with the amount of fees paid by, 22 any person pursuant to the provisions of existing law governing the regulation and 23 licensing of motor carriers, the Department is authorized to make an additional or 24 estimated assessment of fees due based upon any information available to the 25 Department. (NRS 706.791) Section 9 of this bill authorizes the Department to 26 impose such an assessment on an independent contractor concerning the payment 27 of the technology fees required by section 1. 28 Section 2 of this bill applies the definitions set forth in existing law governing 29 the regulation and licensing of motor carriers to section 1. Section 3 of this bill 30 exempts a lessee of a limousine pursuant to section 1 from the requirements 31 imposed on operators set forth in the provisions of existing law governing the 32 regulation and licensing of motor carriers. Section 5 of this bill requires the 33 Authority to adopt certain regulations relating to section 1. Section 6 of this bill 34 exempts certain persons from the requirements and restrictions prescribed by 35 section 1. 36 Section 7 of this bill makes a violation of section 1 a misdemeanor. Section 8 37 of this bill grants the Authority and the Department the power to enforce the 38 requirements and restrictions prescribed by section 1 using court orders and fines. 39 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 1 thereto a new section to read as follows: 2 1. Except as otherwise provided in subsection 9, a certificate 3 holder who is an operator of a limousine in a county whose 4 population is 700,000 or more may, upon approval from the 5 Authority, lease a limousine to an independent contractor who is 6 not a certificate holder. A certificate holder may lease only one 7 limousine to each independent contractor with whom the person 8 enters into a lease agreement. The limousine may be used in a 9 manner authorized by the certificate holder’s certificate of public 10 convenience and necessity. 11 2. A certificate holder who enters into a lease agreement with 12 an independent contractor pursuant to this section shall submit a 13 copy of the agreement to the Authority for its approval. The 14 agreement is not effective until approved by the Authority. 15 3. Except as otherwise provided in subsection 9, the Authority 16 may not limit the number of: 17 (a) Lease agreements entered into by a certificate holder; or 18 (b) Days for which a lease agreement remains in effect. 19 4. A certificate holder who leases a limousine to an 20 independent contractor shall inspect the limousine not less than 21 once each month. 22 – 3 – - *AB492* 5. An independent contractor may not operate more than one 1 limousine pursuant to a lease agreement with a certificate holder 2 during any one 24-hour period. 3 6. An independent contractor operating a limousine pursuant 4 to this section must: 5 (a) Charge and collect the technology fee imposed pursuant to 6 paragraph (a) of subsection 2 of NRS 706.465, if applicable; and 7 (b) Remit to the Authority, not later than the 10th day of each 8 month, all technology fees collected for the immediately preceding 9 month. 10 7. A certificate holder who leases a limousine to an 11 independent contractor is jointly and severally liable with the 12 independent contractor for any violation of the provisions of this 13 chapter or the regulations adopted pursuant thereto and shall 14 ensure that the independent contractor complies with such 15 provisions and regulations. 16 8. The Authority or any of its employees may intervene in a 17 civil action involving a lease agreement entered into pursuant to 18 this section. 19 9. A certificate holder may not have a number of unexpired 20 leases that exceeds 75 percent of the number of limousines the 21 Authority has authorized the certificate holder to operate. 22 Sec. 2. NRS 706.011 is hereby amended to read as follows: 23 706.011 As used in NRS 706.011 to 706.791, inclusive, and 24 section 1 of this act, unless the context otherwise requires, the 25 words and terms defined in NRS 706.013 to 706.146, inclusive, 26 have the meanings ascribed to them in those sections. 27 Sec. 3. NRS 706.101 is hereby amended to read as follows: 28 706.101 “Operator” means a person, other than a lienholder, 29 having a property interest in or title to a vehicle. Except as otherwise 30 provided in this section, the term includes a person entitled to the 31 use and possession of a vehicle under a lease or contract for the 32 purpose of transporting persons or property. The term does not 33 include a person who is the lessee of a taxicab pursuant to NRS 34 706.473 [.] or the lessee of a limousine pursuant to section 1 of 35 this act. 36 Sec. 4. NRS 706.465 is hereby amended to read as follows: 37 706.465 1. An operator of a limousine shall, beginning on 38 July 1, 2003, and on July 1 of each year thereafter, pay to the 39 Authority a fee of $100 for each limousine that the Authority has 40 authorized the operator to operate. 41 2. [An] Except as otherwise provided in section 1 of this act, 42 an operator of a limousine shall: 43 (a) Charge and collect a technology fee in an amount set by the 44 Authority for each compensable trip by a limousine that the 45 – 4 – - *AB492* Authority has authorized the operator to operate, if a computerized 1 real-time data system is used for the purposes set forth in NRS 2 706.165; and 3 (b) Remit to the Authority, not later than the 10th day of each 4 month, all technology fees collected by the operator pursuant to this 5 subsection for the immediately preceding month. 6  The fee charged pursuant to this subsection may only be charged 7 within a county whose population is 700,000 or more, and may be 8 included in the operator’s tariff. 9 3. Any person who fails to pay any fee on or before the date 10 provided in this section shall pay a penalty of 10 percent of the 11 amount of the fee, plus interest on the amount of the fee at the rate 12 of 1 percent per month or fraction of a month, from the date the fee 13 is due until the date of payment. 14 4. As used in this section: 15 (a) “Computerized real-time data system” means the 16 computerized real-time data system implemented by the Authority 17 pursuant to subsection 3 of NRS 706.1516. 18 (b) “Limousine” includes: 19 (1) A livery limousine; and 20 (2) A traditional limousine. 21 Sec. 5. NRS 706.475 is hereby amended to read as follows: 22 706.475 1. The Authority shall adopt such regulations as are 23 necessary to: 24 (a) Carry out the provisions of NRS 706.473 [;] and section 1 of 25 this act; and 26 (b) Ensure that the taxicab [business remains] and limousine 27 businesses remain safe, adequate and reliable. 28 2. Such regulations must include, without limitation: 29 (a) The minimum qualifications for an independent contractor; 30 (b) Requirements related to liability insurance; 31 (c) Minimum safety standards; and 32 (d) The procedure for approving a lease agreement and the 33 provisions that must be included in a lease agreement concerning 34 the grounds for the revocation of such approval. 35 Sec. 6. NRS 706.736 is hereby amended to read as follows: 36 706.736 1. Except as otherwise provided in subsection 2, the 37 provisions of NRS 706.011 to 706.791, inclusive, and section 1 of 38 this act do not apply to: 39 (a) The transportation by a contractor licensed by the State 40 Contractors’ Board of the contractor’s own equipment in the 41 contractor’s own vehicles from job to job. 42 (b) Any person engaged in transporting the person’s own 43 personal effects in the person’s own vehicle, but the provisions of 44 this subsection do not apply to any person engaged in transportation 45 – 5 – - *AB492* by vehicle of property sold or to be sold, or used by the person in 1 the furtherance of any commercial enterprise other than as provided 2 in paragraph (d), or to the carriage of any property for 3 compensation. 4 (c) Special mobile equipment. 5 (d) The vehicle of any person, when that vehicle is being used in 6 the production of motion pictures, including films to be shown in 7 theaters and on television, industrial training and educational films, 8 commercials for television and video discs and tapes. 9 (e) A private motor carrier of property which is used for any 10 convention, show, exhibition, sporting event, carnival, circus or 11 organized recreational activity. 12 (f) A private motor carrier of property which is used to attend 13 livestock shows and sales. 14 (g) The transportation by a private school of persons or property 15 in connection with the operation of the school or related school 16 activities, so long as the vehicle that is used to transport the persons 17 or property does not have a gross vehicle weight rating of 26,001 18 pounds or more and is not registered pursuant to NRS 706.801 to 19 706.861, inclusive. 20 2. Unless exempted by a specific state statute or a specific 21 federal statute, regulation or rule, any person referred to in 22 subsection 1 is subject to: 23 (a) The provisions of paragraph (d) of subsection 1 of NRS 24 706.171 and NRS 706.235 to 706.256, inclusive, 706.281, 706.457 25 and 706.458. 26 (b) All rules and regulations adopted by reference pursuant to 27 paragraph (b) of subsection 1 of NRS 706.171 concerning the safety 28 of drivers and vehicles. 29 (c) All standards adopted by regulation pursuant to 30 NRS 706.173. 31 3. The provisions of NRS 706.311 to 706.453, inclusive, and 32 section 1 of this act, 706.471, 706.473, 706.475 and 706.6411 33 which authorize the Authority to issue: 34 (a) Except as otherwise provided in paragraph (b), certificates of 35 public convenience and necessity and contract carriers’ permits and 36 to regulate rates, routes and services apply only to fully regulated 37 carriers. 38 (b) Certificates of public convenience and necessity to operators 39 of tow cars and to regulate rates for towing services performed 40 without the prior consent of the owner of the vehicle or the person 41 authorized by the owner to operate the vehicle apply to operators of 42 tow cars. 43 4. Any person who operates pursuant to a claim of an 44 exemption provided by this section but who is found to be operating 45 – 6 – - *AB492* in a manner not covered by any of those exemptions immediately 1 becomes liable, in addition to any other penalties provided in this 2 chapter, for the fee appropriate to the person’s actual operation as 3 prescribed in this chapter, computed from the date when that 4 operation began. 5 5. As used in this section, “private school” means a nonprofit 6 private elementary or secondary educational institution that is 7 licensed in this State. 8 Sec. 7. NRS 706.756 is hereby amended to read as follows: 9 706.756 1. Except as otherwise provided in subsection 2, any 10 person who: 11 (a) Operates a vehicle or causes it to be operated in any carriage 12 to which the provisions of NRS 706.011 to 706.861, inclusive, and 13 section 1 of this act apply without first obtaining a certificate, 14 permit or license, or in violation of the terms thereof; 15 (b) Fails to make any return or report required by the provisions 16 of NRS 706.011 to 706.861, inclusive, and section 1 of this act or 17 by the Authority or the Department pursuant to the provisions of 18 NRS 706.011 to 706.861, inclusive [;] , and section 1 of this act; 1 [Text truncated for display. Full text available on LegiScan.]