2003
Regular Legislative Session
Department
Statutory Changes
(new language is incorporated)
Effective 90 days from Sine Die, 2003 Regular Session:
1.
Clarifies when
penalty amounts are applied (41-2092).
2.
Increases
civil penalty amounts under specific circumstances (41-2115).
41-2092.
Licensing fees; definitions
F. If a person fails to pay a
license, permit or certification fee on or before the date the fee is due, the
department shall impose a penalty equal to twenty per cent of the fee. For each
thirty day period after the date the fee is due, the department shall impose an
additional penalty equal to twenty per cent of the fee. If a person fails to
pay a license, permit, or certification fee and all related penalties for
ninety days after the fee is due, the department shall cancel the license,
permit or certification.
41-2115.
Civil penalties
A. A person who violates this
chapter, any rule of the department or any license requirement is subject to a
civil penalty imposed by the director. A person who violates this chapter, any
rule of the department or any license requirement may request a hearing to
review a civil penalty imposed under this section. The department shall conduct
the hearing in accordance with chapter 6, article 10 of this title. The civil
penalty shall not exceed five hundred dollars for each infraction nor more than
five thousand dollars for any thirty day period at each business location, for
each registered service representative or for each public weighmaster, provided
that no person shall be assessed more than fifty thousand dollars per thirty
day period.
B. The director may double the maximum civil
penalty if any of the following apply:
1.
a commercial
device is found to be in violation with results that favor the retailer at more
than twice the allowable tolerance as stated in national institute of standards
and technology handbook 44.
2.
a package is
found to exceed the maximum allowable variation for the labeled quantity
allowed in national institute of standards and technology handbook 133 or the
average error of the lot is twice the sample error limit in favor of the
retailer.
3.
a stage II
vapor recovery system reinspection fails the required tests.
4.
a maximum
civil penalty has been imposed on a
retailer for a price posting or price verification violation and in a
reinspection, if conducted within ninety days, the failure rate is ten percent
or more and at least one error is in favor of the retailer.
A.
The attorney
general shall bring actions to recover penalties pursuant to this section in
the superior court in the county in which the violation occurred or in a county
where the agency has its office. All monies derived from civil penalties shall
be transmitted to the state treasurer to be deposited in the state general
fund.
Effective
1.
Establishes
the requirement that taxis, limousines, executive sedans and sedans must be
properly licensed and have and maintain commercial insurance or they cannot be
licensed by the department (41-2051, 2052, 2091, 2092).
2.
Establishes
the requirement for meters and external signage (41-2095, 2096).
41-2051 Definitions.
9. “Executive sedan” means a
motor vehicle used as a taxi and a limousine.
"Inspector" means state
officials of the department of weights and measures.
11.
“Limousine”
means a motor vehicle that is designated by the manufacturer and identified by
the vehicle registration as a limousine if both the limousine and a driver are
provided for hire solely by the individual agreement and the service is not
available for open solicitation by passengers on streets or at taxi stands.
23. “
(b)
has at least
two doors for passenger ingress and egress.
(c)
is furnished
for hire on an exclusive basis
(d)
has a charge
or fare based on a geographic area.
24. “Taxi” means a motor vehicle,
not including an executive sedan or limousine that meets all of the following
requirements:
(a)
has a seating
capacity of less than sixteen passengers, excluding the driver.
(b)
has at least
two doors for passenger ingress and egress.
(c)
is
furnished for hire on an exclusive
basis.
(d)
has a charge
or fare based on time or mileage or both time and mileage.
25. “Taxi meter” means a
commercial device that meets the requirements of the national institute of
standards and technology handbook 44 as prescribed by section 41-2064.
41-2052.
Political subdivisions; taxis, limousines, sedans or executive sedans
A. This title does not prohibit a political
subdivision of this state or a public airport operator that operates a public
airport pursuant to section 28-8421, 28-8423 or 28-8424 from establishing the
number of taxis, limousines, sedans or executive sedans that may conduct
business in the political subdivision or at the public airport operating
pursuant to section 28-8421, 28-8423 or 28-8424 or from setting additional or
more restrictive requirements for the conduct of that business.
41-2091.
Licensing devices used for commercial purposes; authorization to test devices
used for all other purposes; fees; certification; transaction privilege tax
license records; notification
C.
If a fare is
based on time or mileage or both time and mileage, a sedan shall have a
commercial device and shall obtain a license as prescribed by the department.
K. The department shall not issue
a license for a taxi, limousine, executive sedan or sedan unless the taxi,
limousine, executive sedan or sedan meets the requirements for both of the
following:
1.
motor vehicle
licensing as prescribed by the department of transportation.
2.
motor vehicle
insurance as prescribed by section 28-4033.
L. The department shall revoke a
license if the taxi, limousine, executive sedan or sedan fails to maintain the
requirements for either of the following:
1.
motor vehicle
licensing as prescribed by the department of transportation.
2.
motor vehicle
insurance as prescribed by section 28-4033.
M. A taxi, limousine, executive
sedan or sedan shall have a license issued under this chapter posted on the
outside of the rear window as required by the department.
41-2092.
Licensing Fees; definitions
(Eliminates G. definitions of
taxicab and time and linear measuring devices.)
41-2095.
Meters; duplicate receipts
A.
Every taxi that has a charge or
fare based on time or mileage or both time and mileage shall have a taxi meter.
B.
The taxi meter shall be visible to
the passengers of a taxi or executive sedan. The taxi meter indicator reading
shall be visible to the passengers in letters at least one-quarter inch in
height that states that a passenger can ask to see the meter reading.
C.
If a taxi has the capability of
producing a duplicate receipt, the driver shall print the duplicate receipt and
provide the duplicate receipt to the passenger paying the fare.
41-2096
Signage.
B.
A taxi, limousine or executive sedan shall display interior signage that
contains the licensee’s business name
and address and that is all of the following:
1.
permanent.
2.
in letters at least one-half inch in height.
3.
readily visible.
4.
accurately representing all fares and the fare computation method.
C.
A taxi is required to display exterior signage that contains the
licensee’s business name and address, that contains the word taxi or cab and
that is all of the following:
1. permanent.
2. in
letters at least three inches in height.
3. readily
visible and a minimum of one inch in height for fare information.
4. accurately
representing all fares and the fare computation method.