MINUTES OF THE ASSEMBLY COMMITTEE ON TRANSPORTATION Sixty-eighth Session May 4, 1995 The Committee on Transportation was called to order at 1:15 p.m., on Thursday, May 4, 1995, Chairman 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 L. Allard, Vice Chairman Mr. David Goldwater, Vice Chairman Mr. Bernie Anderson Mrs. Marcia de Braga Mr. Dennis Nolan Mrs. Genie Ohrenschall Ms. Patricia A. Tripple COMMITTEE MEMBERS EXCUSED: Mr. John Carpenter GUEST LEGISLATORS PRESENT: None STAFF MEMBERS PRESENT: Paul Mouritsen, Research Analyst Christine Shaw, Committee Secretary OTHERS PRESENT: Bob Broadbent, Director of Aviation, McCarran International Airport Hale Bennett, Manager, Silver Springs Airport Randall Walker, Deputy Director of Aviation, McCarran International Airport Steve Tackes, Carson City Airport Authority Matt Briggs, intern for Assemblyman Nolan Mike Buschelman, President, Nevada Association of Land Surveyors Jack Holmes, Washoe County Surveyor Larry Springberg, attorney Ray Sparks, Deputy Director, DMV Chuck Bosch, Department of Transportation Denis Austin, DMV ASSEMBLY BILL 336 - Expands and clarifies authority of municipality to acquire property for municipal airport. Robert Broadbent, Director of Aviation, McCarran International Airport, explained A.B. 336 was a bill allowing the county to purchase land from willing sellers. Presently the county has the authority under the condemnation and acquisition statute to purchase land by negotiation or eminent domain for property needed for airport development or that is in airport noise contours that have been adopted and approved by the Federal Aviation Agency. He noted they had assumed they had authority in other areas impacted by the airport to purchase land from willing sellers until the District Attorney said there was no authorization under state statute. This authorization amends Chapter 496 which is an airport statute, applying only to airports organized under that statute. His prepared testimony is submitted as Exhibit C. Committee discussion ensued. Answering a question from Mrs. Chowning as to how many appraisals were mandated, Mr. Broadbent indicated state statute only requires one. Land can be purchased under that appraisal. He indicated on most of their land they hire two MAI qualified appraisers, followed by a review appraiser who reviews the two MAI appraisals. That evaluation is then offered to the person when the land is purchased. Hale Bennett, Manager, Silver Springs Airport, testified in support of A.B. 336; however, it did not have a direct impact on Silver Springs Airport. ASSEMBLYMAN BATTEN MOVED TO AMEND AND DO PASS A.B. 336 ADDING THE WORDS "FROM ANY WILLING SELLER" TO SECTION 1, LINE 3, FOLLOWING THE WORD "PROPERTY". ASSEMBLYMAN OHRENSCHALL SECONDED THE MOTION. Mr. Nolan indicated problems with eminent domain in his district have come up previously in bills he opposed; however, he thought homeowner rights would be protected in A.B. 336 and he voiced his support. Mrs. Chowning concurred. THE MOTION CARRIED WITH ASSEMBLYMAN ANDERSON ABSTAINING. ASSEMBLY BILL 461 - Makes various changes concerning county and municipal airports. Randall Walker, Deputy Director of Aviation, McCarran International Airport, stated A.B. 461 makes several changes in the statutes affecting airports that are operated under the general statutes, NRS 495 and NRS 496. His prepared testimony is submitted as Exhibit D. A question was raised regarding surveyor crews. Mr. Walker stated county surveyors were used in the past; however, they are no longer in close proximity to the airport so their services are no longer used. He indicated all their expenses are covered by non-tax revenue. Mr. Broadbent further explained there are five surveying companies at the present time under contract to the airport. He estimated they probably hire more surveyors than anyone else in the state. Mrs. Chowning made an announcement that further testimony would be heard; however, a request had been made not to take a vote at this hearing as someone wished to testify next week. Steve Tackes, Carson City Airport Authority, stated his support of A.B. 461. He indicated they especially were in accord with the 50 year lease and were pleased the representatives from Clark County were in support of not making the change to a 40 year lease. Hale Bennett also rose in support of A.B. 461. His suggested amendment is submitted as Exhibit E. He noted there were problems with shortening the lease term to 40 years. Financial institutions will not grant any type of loans for buildings or improvements if the lease is only a 40 year lease in rural areas. Fifty years ensures recovery of money on any security. Matt Briggs, intern for Assemblyman Nolan, told committee members he had worked on the bill, especially in the area of eminent domain. Referencing a question relative to a prior bill, A.B. 336, he said according to statute only one appraisal is required for acquiring property and that has to be done by an independent appraiser. Offering a concern relative to the eminent domain issue, Mr. Briggs said once a property is acquired, the airport rents out the property rather than using it for expansion of the airport. He suggested a time limit should be established. Mike Buschelman, President, Nevada Association of Land Surveyors, spoke in opposition to A.B. 461. He noted testimony from Clark County Airport Authority representatives sounded different from the wording in the bill. His chief concern dealt with Section 5, line 24..."Locating property lines or boundaries of any tract of land", etc. This same subject is addressed in NRS 625.040. The language in A.B. 461 constitutes land surveying and should fall under the purview of the Nevada State Board and under a licensee. Mr. Buschelman indicated he would like to lend his support for the position taken by the Nevada State Board of Professional Engineers and Land Surveying. They feel the bill should be sent back to Clark County where it can be resolved on a county basis. A way to avoid going through an amendment to state statute, according to Mr. Buschelman, would be to have the survey crew come under the authority of the county surveyor who could review their data at no real further expense to the airport authority or to the county, to make sure it is protecting the livelihood and financial aspects of the airport authority. Another example would be to hire a professional land surveyor either on a permanent or "as needed" basis. Committee discussion ensued. The controversial language relative to "locating property lines or boundaries" etc, resulted in Mr. Broadbent agreeing to sit down with surveyors and return with an appropriate amendment. Jack Holmes, Washoe County Surveyor, brought to the committee's attention that many organizations throughout the state actually practice various forms of land surveying without direction from the legislature. He did not oppose the airport authority going out and doing minimal type work but did object to conflicting portions in the statutes. He concluded: "To come to the legislature to get direction to perform land surveying and not call it land surveying, I oppose it!" ASSEMBLY BILL 485 - Requires submission of evidence of insurance or other security for renewal of registration of motor vehicle. Larry Springberg, attorney, speaking on behalf of A.B. 485, explained currently in order to initially register a motor vehicle in Nevada, the owner must show DMV a proof of insurance card. However, in order to re-register, he must only sign a declaration. Irresponsible motorists simply sign the declaration and return the renewal certificate in order to get their vehicle re-registered. The purpose of A.B. 485 is to close this loophole. It would require motorists to send a copy of proof of insurance card in to DMV with the renewal certificate. He said passage of A.B. 485 would help keep uninsured motorists off the road and help keep insurance premiums reasonable for law abiding citizens. Ray Sparks, Acting Deputy Director, DMV, maintained the evidence of insurance card as well as the certification of maintenance of insurance are very weak enforcement provisions for the liability requirement. He noted the Department has recently implemented a new insurance verification program which hopefully will resolve most of the problems with uninsured motorists where the vehicle has been registered in Nevada. The insurance companies now notify the DMV of all policy information, i.e., new policies, policy terminations, changes or additions to existing policies, etc. Speaking of a concern relative to the evidence of insurance card, Mr. Sparks said it was their desire eventually to implement a vehicle registration renewal by telephone which would involve the ability to accept credit card payment for renewal. Mr. Springberg requested to speak again. He stated A.B. 485 is designed to work in conjunction with A.B. 474 which addresses the problem of proof of insurance cards showing what type of premium has been paid. Mr. Mouritsen volunteered to apprise the committee next week of the correlation between the two bills. WORK SESSION ASSEMBLY BILL 413 - Authorizes local governments and department of transportation to establish toll roads and toll bridges upon approval of voters. Mr. Mouritsen stated Mr. Teglia from the Department of Transportation had testified the department supported the bill only for the limited purpose of being able to build the road across the Colorado River near Boulder Dam. There was no amendment proposed. Referencing Sections 12 and 13, Mrs. Chowning said the language stated once the bridge is paid for there would be no further charge. She indicated there were two present possibilities with A.B. 413 should it be enacted, but it contained permissive language. Mr. Nolan made a point of clarification relative to the road to Pahrump. He deemed it an excellent road, recently resurfaced and regraded. He stated an alternative route around the dam needed to be found. Establishing a toll road on one of the busiest highways crossing Hoover Dam would create a traffic bottleneck and safety hazard. Mr. Allard expressed concern since Nevada citizens already were paying for roads, and by opening up another revenue source, the message of having to pay for driving on the roads would be an unpleasant one. Additionally, he felt putting a toll road over Hoover Dam in an already congested area would exacerbate the problem. Mr. Goldwater said he would like to see the users of the road pay for it and was not adverse to out-of-staters such as Arizona and California paying a portion. He indicated his support of A.B. 413. Mr. Chuck Bosch, Nevada Department of Transportation, answered Mr. Nolan's inquiry as to whether the highway spanning Hoover Dam is an interstate highway or a federal highway. He noted it is a priority U.S. Route. He stated the real purpose for the bill was not to focus on the Boulder Dam issue. It came from the Federal Highway Bill to make this avenue available. At present the department has a $2 billion shortfall so any avenue that can improve the transportation infrastructure should be looked at. MR. GOLDWATER MOVED DO PASS A.B. 413. MS. TRIPPLE SECONDED THE MOTION. THE MOTION FAILED WITH ASSEMBLYMEN ALLARD, DE BRAGA AND NOLAN VOTING NO. ASSEMBLY BILL 118 - Requires department of motor vehicles and public safety to issue license plates for support of missing or exploited children. MR. GOLDWATER MOVED DO PASS A.B. 118. Mr. Nolan suggested identifying one symbol for easy recognition for the purpose of making it easy for those producing the plates. Denis Austin, Department of Motor Vehicles, clarified there were several options available as written in the bill allowing a choice of one out of four symbols. MR. GOLDWATER WITHDREW HIS MOTION. MR. NOLAN MOVED AMEND AND DO PASS A.B. 118 TO ALLOW THE PROPONENT TO STIPULATE A SINGLE DESIGN. MRS. DE BRAGA SECONDED THE MOTION. THE MOTION CARRIED. ********** ASSEMBLY BILL 153 - Requires department of motor vehicles and public safety to issue license plates which express support for program for drug abuse resistance education. MR. GOLDWATER MOVED DO PASS A.B. 153. MR. ALLARD SECONDED THE MOTION. THE MOTION CARRIED. ********** ASSEMBLY BILL 258 - Requires department of motor vehicles and public safety to issue special license plates to retired military persons for support of veterans' cemeteries in Nevada. Mr. Anderson needed reassurance from DMV to conform to the fee schedule set up for initial new plates and dollars going to DMV, and to ensure the insignia was going to be utilized in this particular bill and not to change the number sequence. Mr. Austin replied the issue of funding is to be the same as in the other bill. He further added monies would be sent to maintain the cemeteries and would go to the highway fund. He also agreed there would be a different numbering sequence as they would probably look identical to an officer in the field. MR. ANDERSON MOVED DO PASS A.B. 258. ASSEMBLYMAN ALLARD SECONDED THE MOTION. THE MOTION CARRIED. Mr. Allard stated he would like this statement to reflect on the record he had a yes vote on A.B. 258 but does not necessarily mean it would receive a yes vote in Ways and Means. He noted, due to the fiscal impact on A.B. 258, his vote could change. Mrs. Chowning declared Assembly Bill 258 has been passed and has been rereferred to Ways and Means. ********** ASSEMBLY BILL 289 - Authorizes issuance of special license plates and registration certificates for "classic vehicles." Mrs. Chowning questioned Mr. Austin regarding consistency with other license plate bills since A.B. 289 differed in the initial purchase fee. Mr. Austin assumed fees set in the last legislature were appropriate today. For clarification purposes, Mr. Anderson stated the fee was $35 to be consistent with vanity plates which are viewed as personalized plates. The renewal fee is slightly different than the renewal fee on a normal vanity plate due to the philanthropic nature of the plates involved in this type of activity. Mr. Close stated to solve the problem with fee inconsistencies he would be more than willing to change the fees to make it consistent. MR. ANDERSON MOVED TO AMEND AND DO PASS A.B. 289. MR. ALLARD SECONDED THE MOTION. THE MOTION CARRIED. ********** ASSEMBLY BILL 311 - Requires department of motor vehicles and public safety to issue license plates for support of child care services. Mrs. Chowning stated it has been requested because a policy cannot be established at this time to increase all personal plates $5, the Alliance of Child Care wishes to work on this issue for another two years. MR. GOLDWATER MOVED TO INDEFINITELY POSTPONE A.B. 311. MR. NOLAN SECONDED THE MOTION. THE MOTION CARRIED. ********** ASSEMBLY BILL 452 - Requires department of motor vehicles and public safety to issue license plates for support of education of children in arts. MR. GOLDWATER MOVED DO PASS A.B. 452. MS. TRIPPLE SECONDED THE MOTION. Mrs. Chowning stated the Alliance for the Arts requested the initial fee on Page 2, lines 5 and 6 be changed to $15; and the renewal fee be changed to $10. Mr. Goldwater rescinded his motion. MR. GOLDWATER MOVED TO AMEND AND DO PASS A.B. 452. MS. TRIPPLE SECONDED THE MOTION. Mr. Anderson suggested that new language be added to read "the money in this account would not supplant or replace funds for the Alliance of the Arts in the state General Fund." Mrs. Chowning concurred THE MOTION CARRIED The meeting adjourned at 3:30 p.m. RESPECTFULLY SUBMITTED: Christine Shaw, Committee Secretary APPROVED BY: Assemblyman Thomas Batten, Chairman Assemblyman Vonne Chowning, Chairman Assembly Committee on Transportation May 4, 1995 Page