MINUTES OF THE ASSEMBLY COMMITTEE ON TRANSPORTATION Sixty-eighth Session January 24, 1995 The Committee on Transportation was called to order at 1:15 p.m., on Tuesday, January 24, 1995, Chairman Thomas Batten 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 L. Allard, Vice Chairman Mr. David Goldwater, Vice Chairman Mr. Bernie Anderson Mr. John C. Carpenter Mrs. Marcia de Braga Mr. Dennis Nolan Mrs. Genie Ohrenschall Ms. Patricia A. Tripple GUEST LEGISLATORS PRESENT: Senator Lawrence E. Jacobsen Senator William R. O'Donnell Senator O. C. Lee Senator Maurice Washington Senator Joseph M. Neal Senator Jon C. Porter STAFF MEMBERS PRESENT: Paul Mouritsen, Senior Research Analyst OTHERS PRESENT: Denis Austin, Department of Motor Vehicles/Public Safety; William S. Gosnell, Chief of Administrative Services, DMV/PS; Peter D. Krueger, Nevada Petroleum Marketers Association; Paul Corbin, Nevada Highway Patrol; Ray Sparks, Deputy Director, DMV/PS; Daryl E. Capurro, Nevada Franchise Auto Dealers Association & Nevada Motor Transport Association; Galen Mitchell, State of Nevada Peace Officers Association; Bill Jackson, Bruce Glover, Chief, Drivers License Division, Elizabeth King, Assistant Chief, Drivers License Division, DMV/PS. Chairman Batten requested Chairman Chowning to introduce BDR's to the floor. BILL DRAFT REQUEST NO. 43-148 Revises provisions regarding distance between passenger vehicle and pavement. BILL DRAFT REQUEST NO. 58-147 Makes various changes relating to regulating of taxicabs in certain counties. BILL DRAFT REQUEST NO. 43-146 Revises provisions relating to composition of advisory board on automotive affairs. BILL DRAFT REQUEST NO. 43-145 Authorizes funding of programs against theft of motor vehicles. BILL DRAFT REQUEST NO. 43-144 Requires bicycle riders to wear protective headgear. MR. ANDERSON MOVED A MOTION TO AUTHORIZE BDR'S 43-148; 58- 147;43-146; 43-145; 43-144 BE INTRODUCED BY THE COMMITTEE. MR. NOLAN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT. ASSEMBLY BILL 23 - Revises definition of "golf cart" for purposes of provisions governing registration of motor vehicle. (BDR 43-582). Denis Austin, Assistant Chief, Titles Division, DMV/PS, requested to amend BDR 43-144 to remove Section 2 which has an unladen weight factor requirement of less than 1,300 pounds. Some of the new golf carts are requiring a new type of battery weighing up to 475 pounds, which may require the golf cart to exceed the required 1,300 pounds. The Department felt it is not necessary to require a weight limit. Mr. Carpenter asked if a four wheeler is considered a golf cart? Mr. Denis Austin answered no. Assemblywoman Chowning inquired whether it was necessary to have golf carts on public roadways? How much larger than 1,300 pounds are these vehicles anticipated to be? Where would these golf carts be traveling? Mr. Ray Sparks stated the significance of the golf cart issue to the Department of Motor Vehicles/Public Safety is that during last session the legislature allowed golf carts to be operated upon public roadways when certain conditions were met. One of those conditions was that golf carts are permanent by DMV's definition. The golf carts are operated on streets designated by the local traffic engineer authorities and are authorized permission for golf operations in Las Vegas. The streets of Sun City community have been designated by the city for permissible use of golf cart operations. The 1,300 pound weight threshold in the existing statute seems to be arbitrary in terms of the current weight. The weight rating of the golf carts could exceed up to 1000 pounds and up. In the community of Sun City the residents travel on roadways for recreational or grocery shopping. Mrs. Chowning questioned the weight range from 450 to 4000 pounds. Mr. Ray Sparks replied you rarely see a golf cart weighing 450 pounds. Some golf carts are very elaborate; the designs are similar to mini Cadillacs or Rolls Royces, with additional accessories, therefore, the weight would exceed 1,300 pounds. Mrs. Chowning asked if the golf carts are being expanded in other areas other than Las Vegas. Mrs. Chowning asked if DMV's concerns were the strenuous weight limitation of the golf carts? Mr. Austin replied the Department's wish was to eliminate the arbitrary weight limitation. There being no further testimony Chairman Batten requested a motion to do pass A.B. 23. ASSEMBLYMAN ALLARD MOVED TO AMEND AND DO PASS A.B. 23. ASSEMBLYMAN CARPENTER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT. ASSEMBLY BILL 27 - Revises provisions relating to proof of identity required for issuance of instruction permit, driver's license or identification card. Bruce Glover, Chief of Drivers License, Department of Motor Vehicles and Public Safety, and Elizabeth King made a joint presentation. The Department requested to introduce A.B. 27 to specify the type of certificate required for proof of identity for issuance of a driver's license. Mr. Glover testified the current law states a baptismal certificate. Under this environment a blank baptismal certificate available in stationery and office supply stores could be used but would not be a valid document. Mr. Glover proposed that this document be issued by the state or by the District of Columbia. It will allow the Department to enable the retail industry which has a great deal of concerns with the identification system being used. In addition to the ability to safely operate a motor vehicle, the driver's license stands for privileges far beyond the normal use on roadways. Mr. Glover indicated that a driver's license is the most highly accepted form of identification used. He stated that the baptismal document should be removed from those documents listed as acceptable proof of age. (See Exhibit C.) Assemblyman Carpenter questioned why a baptismal certificate was not acceptable as proof of age. Mr. Glover explained that a baptismal certificate is not a valid document due to a possibility of fraudulence of the document and by it not being registered. Mr. Carpenter asked what are the valid documents. Mr. Glover continued his testimony with Chapter 4, Page 2. (See Exhibit D.) Assemblyman Anderson had a concern with a broad berth spectrum for people born outside of the United States compared to those born within the United States. Mr. Anderson stated that there are different documents required from applicants born outside of the United States. See A.B. 27, Page 2, Line 4. Mr. Glover replied that within certain departments baptismal certificates can be used in certain cases. Ms. King, referred to A.B. 27, Page 1, Line 21, and Line 22, and replied that people born in the United States using a combination of documents will be consistent with people born outside of the United States, with discretion being used while reviewing a combination of documents. Mrs. Chowning was concerned that when citizens are not born in a hospital, a baptismal certificate is their only legal document; will these documents be acceptable? Mr. Glover replied that baptismal certificates will be accepted as well as school records. Assemblyman Nolan indicated that there are a few states that accept live birth certificates issued from a physician or a hospital. Mr. Nolan questioned if a live birth certificate issued by a physician or a hospital is acceptable. Mr. Glover replied yes, they are acceptable documents. Mr. Glover stated the intent is not to burden with restrictions but to ensure that DMV is issuing desirable identification for a driver's license. Assemblyman Goldwater questioned whether discrimination would be a major issue with the inconsistency of departmental policy by submitting the proof of birth list. Mr. Goldwater referred to A.B. 27, Page 2, Line 3. Mr. Glover indicated the proof of birth list will be referred to if a situation arises where an applicant did not have an acceptable document, it will be dealt with on an individual basis. Mr. Carpenter questioned whether a social security number must be furnished also in addition to a driver's license. Mr. Glover continued his testimony indicating social security numbers are required in addition to a driver's license, which is required by statutes. A bill will be introduced this session to disassociate a driver's license number from your social security number. The State of Nevada is a member of Interstate Compact. This compact, among all states, allows a person to have only one license. If a person's driver's license is suspended or revoked in a state, they are not entitled to hold a license in any other state until the action is cleared. Assemblyman de Braga noted the formula on a driver's license derived from a social security number allows the accessibility to the social security number by anyone. Mr. Glover indicated that with a bill to be introduced, a social security number will not be disguised by changing the numbers. Mr. Glover indicated that it is an option to have your social security number appear on your driver's license. Chairman Batten requested the list of items which are acceptable as proof of identity to be read by Mr. Austin. (See Exhibit D.) Mrs. Chowning noted the proof of identity list should be included in the statutes to ensure acceptability. Mr. Nolan noted the list of proof of identity clause was amended last session. Military records were excluded as acceptable documents. Mr. Nolan noted in reference to A.B. 27, Section 2, Line 3, the acceptable documents that were not cited in Section 1, Line 23 should be added also. Ms. King cleared the confusion regarding the baptismal records. She indicated when the language is put into the statutes it becomes exclusionary, therefore, baptismal records must be accepted. She also pointed out the problem with baptismal records, that they are not a reliable document for verification. Mr. Goldwater noted the possibility of discrimination referring to A.B. 27, Page 2, Line 3. "Would it be your contention that in lieu of this phrase, `or other proof acceptable to the department', that a list of acceptable documents be positive or negative in the statutes?" Mr. Glover replied most of the problems arise when the Department is faced with fraudulent documents. The Department can better serve the public by eliminating the baptismal records. Chairman Batten closed the hearing on A.B. 27. Mr. Batten welcomed the Senate Transportation Committee members. They were Senators William O'Donnell, Joseph Neal, Maurice Washington, O.C. Lee, Jon Porter and Lawrence Jacobsen. James Weller, Director, Department of Motor Vehicles/Public Safety, introduced the staff of DMV/PS: Ray Sparks, Deputy Director; and William Gosnell, Chief of Administrative Services Division. Mr. Weller presented a chart and overview of the department. He indicated there were two different branches within the department: Motor Vehicles and Public Safety. Mr. Weller explained the department focuses mainly on drivers licenses and registrations and other related programs. The department has 1700 employees, six-hundred are involved in the motor vehicle operations and the remaining are concerned with public safety. The department is responsible for providing motor vehicle services to the public throughout the State. He said it does well in some areas and needs improvement in other areas. Major problem areas are in Las Vegas, Clark County in the titling operations. Updated equipment and additional resources would help the department tremendously. The Department was budgeted for three percent growth last year and is now experiencing a 14-15 percent growth in Clark County. The titling operation has obsolete equipment that are over 25 years old. The current budget requested would help the Department address many of the problems. The Department is operating on a 22 percent CAP in the Motor Vehicle budget. Mr. Weller explained the 22 percent CAP; the Department is allowed to spend 22 percent of various revenues. Tours are made available to Committee Members. (See Exhibit E.) William Gosnell, Chief of Administrative Services Division, reported on the finance of the Department. Mr. Gosnell stated he handles the finance budget for the state, counties, facilities, mail, warehouse, and data processing within the Administrative Services Division. The division also generates the revenue projections for the upcoming bi-annual reports and presents to the Department of Transportation, Budget Office and to the Legal Counsel Bureau Fiscal staff. Fees and tax books are available which is the history for all budgets generated for this session. One hundred twenty-one million dollars was awarded to the highway funds and the Department owed $121 million. The Department has requested one million dollars this session to conduct Business Process Re-engineering Business Case study as well as the existing data processing system that was recommended in the Governor's budget. This would enable the Department to integrate their database system as the workload increases. (See Exhibit F.) Ray Sparks, Deputy Director of Public Safety, presented an overview of the Registration Division. The purpose of the Registration Division is to enhance highways and regulate vehicles used on public highways and to prevent the licensing of those vehicles which are unsafe or not equipped as required by law. The Registration Division is one of nine divisions in the Department of Motor Vehicles and Public Safety. In February of 1995, the Division would assume the vehicle registration responsibilities from the Humboldt County Assessor. In 1993- 1994, the registration registered 1,196,503 vehicles plus 21,857 commercial vehicles, conducted 126,863 motor vehicles liability insurance verifications. The department processed 8,835 occupational licenses. The Division collected over 111 million dollars for the state highway fund and approximately 102 million dollars for vehicle privilege taxes. Twenty-two million dollars was distributed to the counties and local governments and $22 million to the state general fund. The Registration Division will provide information to assist the committee with their deliberation and are looking forward to working with both Senate and Assembly on transportation this session. (See Exhibit G.) Mr. Anderson indicated the biggest complaint from citizens throughout the state is delays with the titling department. Question 1: Is there a recommendation you could provide to the committee in reference to titling? Mr. Anderson also felt the Department is doing a tremendous job. Mr. Weller replied titling is one of the major problems. We have shifted resources from other budget accounts on a temporary basis to eliminate some of the problems. The Department has gone to shift work on an evening shift. The equipment being used is very outdated. Titles are maintained here in Carson City, and decentralization needs to be looked into. The Department has experienced vast growth in Las Vegas. Clark County has not been able to budget as of yet. The Department of Motor Vehicles collects privilege taxes and awards to the counties; 94 percent goes back to the county funds, 6 percent is awarded to the State. The Department of Motor Vehicles receives 22 percent, a gain of approximately 13,200 dollars. Mr. Gosnell stated there are 15 positions recommended within the Governor's budget which would directly address the titling backlog funds. If the budget is accepted for the next two years, the Department will have a significant increase of FTE's. In addition to the FTE's in the Business Process Re-engineering, it will be a critical element to evaluate the reprocess of the titling process. Second option, the Department will evaluate to decentralize the proper type of equipment. Mr. Nolan indicated a citizen representative group who are residents in his district had perception of an increase of residents in Las Vegas of approximately 40,000 to 70,000 residents who are avoiding taxes and fees . Mr. Weller replied their perceptions are correct. Other states have set fees for registration. The State of Nevada's fee is $33.00. Mr. Carpenter stated the Highway Patrol has done a tremendous job enforcing the law in Elko; they have gone into parking lots and trailer courts. Mr. Carpenter questioned in reference to the reorganization of the Department. Mr. Weller responded that the Governor recommended the Department be split with Motor Vehicles and Public Safety to be two separate departments. Mr. Carpenter questioned who was responsible for the drafting of the legislation in regards to the Public Service Commission regarding the federal law. Chairman Batten called for a brief recess. Roll call: Meeting reconvened. All present. Bruce Glover, Chief, Drivers License Division and Donna West, Assistant Chief Drivers License Division, presented a joint testimony. Drivers License mission is to ensure safe and knowledgeable drivers; to receive and maintain a privilege license to operate upon the public highways. The division has 184.5 full time employees, 160 employees are assigned to the drivers license division. Of the 184.5 full time employees, 92 percent provide direct service to the public. Management Support Services has 16 employees. The Division is divided into two bureaus, Field Services and Driver Safety Improvement Bureaus. The Field Services Bureau has 13 full time service officers and 3 drivers license officers, traveling to 23 locations throughout the State. Staff processed 518,000 applicants throughout the State. The Driver Safety Improvement Bureau is responsible for license cancellations, suspensions, revocations, and the microfilming of data processing of all documents. The license review section processed 140,000 withdrawals actions last year. Two hundred fifty-five thousand citations were processed throughout the State from various courts. A commercial driver's license is mandated by federal law and requires skill testing. Sixteen thousand skill testings for a commercial driver's license were issued last year. Nevada is a member of Interstate Compact. It is required by federal law that all states be linked in the driver pointer system effective April, 1995. Each individual driver's records will be available to all states. The goal is to provide quality service to the public. Mr. Anderson requested documents on National Drivers Program. Mr. Glover stated documents will be provided. Paul Corbin, Chief of Highway Patrol, indicated there are 349 members of the Highway Patrol. They are responsible for patrolling 6,380 miles of public highways of Nevada. Highway Patrols are responsible for enforcing all state traffic laws, arrests, citations, and responding to traffic fatalities. In addition, they are responsible for enforcing the laws and regulations pertaining to the transportation of radioactive materials and hazardous wastes. (See Exhibit H) Mr. Anderson was concerned with the shipping of hazardous materials carried throughout the state. Mr. Anderson questioned Chief Corbin if he feels that the Department is meeting its obligations under the current statutes in this area. Mr. Jim Rhoads, Program Manager representing the Highway Patrol and Pilot Program for hazardous materials, answered yes. He added, however, that the Public Service Commission is required by statutes to investigate the hazardous and radioactive materials carriers. Mr. Carpenter asked "if the Public Service Commission is relieved of this obligation, would the Highway Patrol be able to handle this task?" Major Daniel Hammack, Nevada Highway Patrol, admitted that operationally the task placed upon the Department in 1987 was a large task to accomplish. Major Hammack stated the Department will put forth their best efforts to meet those obligations. Chairman Batten asked if there were any more questions. Mrs. Chowning indicated the presentations were thoroughly presented and those responsible should be commended for a great job. Chairman Batten reopened A.B. 27. Assemblywoman Chowning was concerned with the removal of the baptismal certificate. Chairman Chowning questioned whether a baptismal certificate could be an option in the statutes? Ms. Elizabeth King stated in the area of the statute there are other statements for other proof of birth to the department. Assemblyman Goldwater suggested "may accept these documents" be included into the statute. Ms. King proposed a work session to clarify the confusion. Ms. Ohrenschall questioned what kind of problems the department encountered with the baptismal certificate. Ms. King responded that baptismal certificates cannot be verified. Mr. Nolan suggested that the issue regarding proof of age be moved to a subcommittee. Chairman Batten assigned Ms. Ohrenschall, Chairman, Mr. Carpenter, Ms. Tripple, Mrs. de Braga, Mr. Nolan and Mr. Anderson to the subcommittee. MEETING ADJOURNED AT 3:10 P.M. RESPECTFULLY SUBMITTED: __________________________ Jackie Valley, Committee Secretary APPROVED BY: ________________________________________ Assemblyman Thomas Batten, Chairman ________________________________________ Assemblyman Vonne Chowning, Chairman Assembly Committee on Transportation January 24, 1995 Page