MINUTES OF THE ASSEMBLY COMMITTEE ON TRANSPORTATION Sixty-eighth Session January 19, 1995 The Committee on Transportation was called to order at 1:15 p.m., on Thursday, January 19, 1995, Chairman Vonne Chowning presiding in Room 331 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. COMMITTEE MEMBERS PRESENT: Mr. Thomas Batten, Chairman Mrs. Vonne Chowning, Chairman Mr. Dennis Allard, Vice Chairman Mr. David Goldwater, Vice Chairman Mr. Bernie Anderson Mr. John C. Carpenter Mrs. Marcia de Braga Mr. Dennis Nolan Ms. Genie Ohrenschall Mrs. Patricia A. Tripple COMMITTEE MEMBERS ABSENT: None GUEST LEGISLATORS PRESENT: None STAFF MEMBERS PRESENT: Paul Mouritsen, Senior Research Analyst OTHERS PRESENT: Peter D. Kruger, Nevada Petroleum Marketer Association Daryl E. Capurro, Nevada Motor Transport Association and Nevada Franchise Auto Dealer Association Chairman Chowning welcomed everyone to the Committee and stated Committee rules would be reviewed but not adopted today because standing rules in the Assembly have yet to be adopted. She introduced Mr. Paul Mouritsen who is Committee staff researcher and Jackie Valley, Committee secretary who will be taking minutes of the meetings. Upon being asked who would like full copies of the Committee minutes at the end of Session, Assemblymen Allard, Batten and Goldwater in addition to Assemblywomen Chowning and Ohrenschall requested copies. Assemblyman Batten requested Mrs. Chowning and he send an opening letter to each Committee member asking if they have any questions or concerns. Mrs. Chowning agreed it was a good idea. Assemblyman Anderson suggested the presiding chairman's name not be included on the agenda. He was concerned the public would focus on who is in charge at a particular time rather than the business to be covered. Mrs. Chowning mentioned listing of chairmen names on agendas is a committee option, and she agrees it is not necessary. The purpose of the agenda is to notify the public as to the substance of that day's meeting. The chairing of the Committee will alternate between herself and Mr. Batten every other week until May 1. Assemblyman Carpenter commented it might be as well to have both chairmen listed on the agendas, not as presiding chair but just to list both names so the public knows who to contact. Mrs. Chowning agreed it would be helpful and Mr. Batten concurred. Assemblywoman de Braga asked whether there were ten members on the Committee. Mrs. Chowning responded there were and that six members would constitute a quorum and seven would constitute a two-thirds majority. As all Committee members did not have current copies of the rules, Mrs. Chowning elected to quickly review the rules as follows: Six members constitute a quorum and a quorum must be present to hear or take definite action on a bill or resolution. Any vote for definite action on a bill or resolution that results in a tie vote shall result in the bill or resolution being transmitted for consideration by the full Assembly without Committee recommendation. Seven members would constitute a two-thirds majority and is required to reconsider action on a bill or resolution. Rule number six requires a two-thirds majority for Committee introduction of a bill or resolution and does not imply a commitment to support favorable passage. Mrs. Chowning repeated the rules cannot be voted upon until the entire Assembly has voted on its rules. Continuing on to rule number seven, duties of the co- chairmen, she noted the letters "co" have been dropped from in front of "co- chairmen" and agrees with that because the two chairmen have equal duties. Rule number eight involves the Committee secretary calling the roll at meetings and recording excused absences. Rule number nine states minority reports may be made as per Mason's Manual, section 674. Rule number ten states, at the discretion of the chairmen, again the letters "co" will be removed, all actions of the Committee will require a roll call vote. Mr. Batten and Mrs. Chowning decided that would be very cumbersome and, utilizing the word "discretion" in the rule, will not take roll call votes unless requested by a Committee member. Number eleven states no final action shall be taken unless both chairmen are present and number twelve reads final voting action of the Committee shall not be made until all witnesses have been heard, questioned and dismissed. The chairmen shall determine when a final action is to be taken. Assemblyman Goldwater asked whether the intention is for the chairmen to be physically present or whether the vice chairman could be a substitute. Mrs. Chowning responded both she and Mr. Batten would be physically present because it is important to both chairs that they send a message to everyone that they will not be manipulating any issues in the absence of the other chairman. Assemblywoman Tripple commented the rules should define the role of the vice chairman because there is such an entity, however no mention of the vice chairman is made in the Committee rules. Mrs. Chowning agreed Mrs. Tripple had brought up a very good point. Assemblywoman Ohrenschall mentioned if either chairman had occasion to present their own legislation before the committee, their vice chairman could conduct the meeting. Mrs. Chowning responded the rules do not preclude the co-vice chairmen from presiding over a meeting or from conducting business in the absence of the chairman, they simply mention final action is taken only when both chairs will be present. Rule number twelve alleviated much concern about one chairman, who happened to be out of the room on other legislative business, not being present during a vote because it does not allow consideration of a measure for final action until both chairs are present. Mrs. Chowning requested rule number eleven be deleted as nothing could be considered for action unless both chairmen were present in the room and it is unnecessary in light of rule number twelve. Mr. Allard, for clarification, remarked if Mr. Batten were absent he would take Mr. Batten's place. Mr. Goldwater responded the role of the vice chairman should be defined first. Once it is defined, the Committee would state the vice chairman is acting as chairman in the absence of the chair, and then the rules apply to the vice chair. Mrs. Chowning added these rules are last Session's and as a result, much less thorough. This Session the duties of vice chairman need to be defined in the rules. Mr. Batten requested duties of the vice chairman be placed in a rule and state that "in the absence of the presiding chairman or upon the request of one of the chairmen, the requester's vice chairman shall undertake the duties of the chairman". Mrs. Chowning concurred but stated she would request additional advice about wording from staff. Mr. Nolan mentioned rule number ten and asked, when taking final action, whether the secretary would record the vote as a roll call vote. Mrs. Chowning said the secretary does not because a roll call vote is only taken at the discretion of the chairman. There are so many measures considered during some meetings it would be very cumbersome to require a roll call vote every time and it is really unnecessary most times. Mr. Anderson stated he believed any member is able to call for a roll call vote on any measure and asked if rule number ten precluded that. Mrs. Chowning responded as the rule is written it does; the roll call vote is taken at the discretion of the chairman. She added she would have no problem adding language that would include "at the wish of any Committee member a roll call vote could be recorded". Mr. Batten stated this is a very good point and if the total Committee wishes to change rule number ten it is fine with him. Mr. Nolan asked if it would be appropriate to ask staff if they were given directions otherwise. Mrs. Chowning reminded Mr. Nolan that the House rules have not been adopted yet and this should be left until that has been accomplished. Mr. Carpenter interjected votes would be recorded, but not as roll call votes. For instance, the chairman will ask for a vote on a particular measure by hand or voice. If nine voted yes and one voted no, the chairman would report "Assemblyman Carpenter opposed". That is the way it has happened during previous Sessions so as to not waste time. He added, "Your vote will be recorded." Mr. Anderson agreed that has been the usual procedure and added it had been his experience when a member asked for a roll call vote, that courtesy was always extended by the chair. Mrs. Chowning reminded the members to review the minutes after each meeting so they can be certain their action has been correctly noted. Mr. Carpenter mentioned at the end of Session when various Committee members may be out of the meeting testifying on other bills, they should be certain to tell the chairman where they will be so if a vote they are interested in is being taken someone can get them. Very often the chairman will make certain everyone is in the room before he takes the vote. Mrs. Chowning reiterated rule number ten would be worded as stated with the exception of the "co" and would read "at the discretion of the chairman, all definite actions of the Committee will require a roll call vote which shall be recorded by the secretary". Mr. Batten called for a one minute recess, which was granted. Referring to rule number thirteen, Mrs. Chowning felt it would be more clear if it read, "The position of chairman shall alternate on a daily basis," and added all meetings, including subcommittee meetings, will be open and available to the public and members of the media. Mr. Carpenter suggested when two opposing factions are testifying, the chairman could tell the parties to work out a compromise and bring that back to the Committee. In the past it really speeded up the process but under those circumstances, it is better to post another hearing so the public can hear testimony on whatever deal was made. He also suggested a Committee member be included in those meetings. Mrs. Chowning agreed and added a subcommittee meeting could still be set up that would not be so lengthy. However, she emphasized open and honest government is important and the public is better served because meetings have to be posted although perhaps subcommittee meetings will only need three days notice. Mr. Anderson mentioned specific bills may need to be listed on the work session agendas. Mrs. Chowning concluded with the final rule number fifteen which reads "the Committee may swear in persons appearing before it to give testimony . . .". She stated sometimes sworn testimony is necessary, and this rule provides that option. Mrs. Chowning requested each Committee member contribute ten dollars for coffee, hot chocolate, and other drinks and that Mrs. de Braga be in charge of collecting it. Paul Mouritsen, Senior Research Analyst, presented an Issue Brief, (Exhibit C,) to the Committee which provided background information and possible issues that may come before the Committee during this legislative Session. Mr. Carpenter asked whether anyone was currently working on revision of Chapter 706. Mr. Mouritsen responded no one was, unless it had been done within the previous few days. Mr. Nolan asked whether the Committee could expect any issues dealing with the restructuring of the Department of Transportation and development of a Department of Highway Public Safety as the Governor proposed. Mr. Mouritsen replied the proposal has been made but it may not necessarily come to this Committee. He added quite often restructuring of agencies goes to the Government Affairs Committee. Mrs. Chowning thanked Mr. Mouritsen for his presentation and explained the chairmen had requested the issue brief to acquaint new Committee members with topics that might be brought before it and the source people available to answer questions. She would also like to arrange tours of various facilities like the Department of Motor Vehicles, the Department of Transportation and the Public Service Commission. There being no further business, the meeting was adjourned at 2:40 p.m. RESPECTFULLY SUBMITTED: Terry Horgan, Committee Secretary APPROVED BY: Assemblyman Thomas Batten, Chairman Assemblywoman Vonne Chowning, Chairman Assembly Committee on Transportation January 19, 1995 Page