MINUTES OF THE ASSEMBLY COMMITTEE ON TRANSPORTATION Sixty-eighth Session May 9, 1995 The Committee on Transportation was called to order at 1:15 p.m., on Tuesday, May 9, 1995, Chairman 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 Ms. Genie Ohrenschall Ms. Patricia A. Tripple STAFF MEMBERS PRESENT: Paul Mouritsen, Senior Research Analyst OTHERS PRESENT: Bill Kissam, former Assemblyman, State of Nevada Chuck Bosch, Department of Transportation Daryl Capurro, Nevada Motor Transport Association Peter Krueger, Nevada Petroleum Marketers Association Donna Wadey-Howell, Chief, DMV Registration Division Phil Galeoto, Reno Police Department Patricia Justice, lobbyist for Clark County Rita Lumos, Board of Engineers and surveyors Mike Buschelman, Nevada Association of Land Surveyors Jack Holmes, Washoe County surveyor Mr. Batten called for a deviation in the agenda for the purpose of addressing A.B. 413. ASSEMBLY BILL 413 - Authorizes local governments and department of transportation to establish toll roads and toll bridges. Mr. Bill Kissam, in explaining the history of A.B. 413, stated by virtue of an 1991 interim study, it passed through the Assembly and was killed in the Senate Transportation Committee. There now exists a need for a toll bridge road to allow Clark County to build an alternate traffic route across the lower Colorado River, south of Hoover Dam, that is subjected to terrorist attacks as well as traffic tie-ups. A.B. 413 explains there has to be an alternate road, if practicable, which is across the dam; there also has to be a bond issue by virtue of the people affected by it. Mr. Kissam explained Nevada State Highway 160 between Las Vegas and Parumph is a narrow, two lane road up through the mountains, currently being improved but still dangerous. The new road, Nevada Highway 94, is an old existing highway but not maintained. It was numbered at his request in order to get on the list of preferred priorities with the highway department. The toll road bill would help finance the new highway through the mountains. The Nevada State Highway Department estimated $63 million for the highway. Mr. Kissam added, "We're looking for the toll road to help pay for part of the highway and if we go with federal funds, we're still allowed to use 60% federal funds for that highway." Assemblyman Nolan stated Pahrump residents represent the vast majority of people using that road, so the toll would place an unfair burden upon them. Also, it was his understanding that a construction project was already slated to improve that road. Mr. Kissam responded any toll road has to have an alternate parallel road. He also noted there were enough people commuting back and forth that would value that extra half hour each way. That would fully pay the charges. Mr. Carpenter wondered whether a vote of the people was a requirement. Mr. Anderson re-stated Mr. Kissam's declaration that it was an option set up by the local folks who decide to enter into such an agreement but does not require a full statewide bond...only bonding at the local level. Responding to Mr. Batten's inquiry as to whether a toll can be raised once it is established, Mr. Kissam clarified it would be operated and controlled by Clark County and they would be in position to make that determination. Mr. Carpenter questioned whether bonds could be issued without a vote of the people. Paul Mouritsen, Senior Research Analyst, stated if it is repayable solely from the proceeds from the tolls or other revenue from the facility, they could presumably do that without an election. Chairman Batten called for a motion on the bill. ASSEMBLYMAN CHOWNING MOVED DO PASS ON A.B. 413. ASSEMBLYMAN ANDERSON SECONDED THE MOTION. During a call for discussion, Assemblyman Nolan rejected the need for a toll road. Mrs. Chowning cited the nightmarish congestion from Arizona to the Hoover Dam and stressed there was a great need for the project. It was Mr. Carpenter's concern that it should go to a vote of the people affected the most and stated he would like to make a motion to amend the motion that toll roads be put to a vote of the people. Chairman Batten stated a motion was already on the floor. Committee discussion ensued. Mr. Anderson subsequently said he would withdraw his second to the motion in order to accept Mr. Carpenter's amendment. Mrs. Chowning agreed. Chuck Bosch, Nevada Department of Transportation, stated he was unaware of any federal funds specifically allocated toward that particular project. If that were to be a reality it would be in conjunction with the state of Arizona. He added there are not very many places in Nevada that would lend themselves to a toll road and in his opinion the Colorado River area would be one. Chairman Batten asked Mr. Carpenter to state his motion. MR. CARPENTER MOVED AMEND AND DO PASS A.B. 413 WITH ANY FINANCING USED TO PAY FOR TOLL ROADS TO BE PUT TO VOTE OF THE PEOPLE. Clarifying his position, upon being questioned by Mr. Mouritsen, Mr. Carpenter said the county would enter into a project with the state and set up the method of payment....and for them to do that they would have to go to a vote of the people. Mr. Batten indicated they would take no action on A.B. 413 but would wait for the amendment to return to committee. ASSEMBLY BILL 420 - Revises provisions relating to fees for registration of certain motor vehicles and imposes additional tax on special fuel used by certain special fuel users. Daryl Capurro, Nevada Motor Transport Association, speaking in opposition to A.B. 420, indicated the issue was brought before the interim committee on highway finance. It establishes a three tiered registration system to recognize the low mileage character of certain seasonal or specialized type equipment that operates at less than what would be normally understood mileages on state and local roads. It is his understanding that the Nevada Department of Transportation is not in favor of A.B. 420 and it is his contention there is very little support from user groups who would be paying or benefiting from the bill. However, if it were processed, he would ask that section 2 be eliminated in its entirety because that is a surcharge on fuel tax that would be paid upon report. Peter Krueger, Nevada Petroleum Marketers Association, stated opposition especially to Section 2, specifically subsection 3, the language of which was never mentioned in the interim study. He added, in addition to problems with IRP, it also would further put the trucking industry, retail and wholesale petroleum industry at an even greater disadvantage because "they already enjoy one of the higher state taxes on diesel fuel." He noted if the committee saw fit to process the bill they would ask it be done without Section 2. Ms. Donna Wadey-Howell, Chief of DMV Registration Division, indicated they faced problems with administering A. B. 420, both in the international registration plan and in the international fuel tax. In the international registration plan, the other states would have to collect the fee....it could not just be applied to intra state vehicles....it would have to be applied across the board to all vehicles, so other states would have to collect this more complicated registration method. Then, in the international fuel tax agreement, an additional two cents would have to be collected on the user report, which would cause problems in the other states as well. Chuck Bosch, DOT, reiterated concerns pertaining to A.B. 420. He stated the bill as written was not revenue neutral. Estimated figures from his department show a three cent surcharge to make the revenue neutral. Expressing opposition to the bill, he described tier registration as "putting a band-aid on a monumental cut." As there was no further testimony on A.B. 420 Chairman Batten said he would accept a motion. ASSEMBLYMAN CHOWNING MOVED TO INDEFINITELY POSTPONE A.B. 420. ASSEMBLYMAN ALLARD SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. SENATE BILL 134 - Revises provisions governing reports of missing persons. Phil Galeoto, Reno Police Department, stated he signed in in case there were questions as to why the amendment had been forwarded, but since it was no longer an issue, it would not be necessary for him to testify. He noted when it was originally written, the number of hours were changed and the number of reports were different than they are now. Responding to Mrs. Chowning's inquiry as to the amendment, Lt. Galeoto explained 24 hours was unrealistic and did not work for law enforcement as information cannot be transmitted that quickly. The state actually becomes a facilitator of the information and with this amendment they get the information about two days quicker than in the past. The other concern as originally written required voluminous reports be sent to the state. Chairman Batten closed the hearing on S.B. 134 and entertained a motion. ASSEMBLYMAN ALLARD MOVED DO PASS ON SENATE BILL 134. ASSEMBLYMAN ANDERSON SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. ASSEMBLY BILL 461 - Makes various changes concerning county and municipal airports. Patricia Justice, lobbyist for Clark County, distributed a handout (Exhibit C) that is agreeable to McCarran International Airport as well as the professional land surveying community containing the amended wording proposed for A.B. 461. Rita Lumos, representing the Board of Engineers and Surveyors, urged committee members to approve the language presented in the handout. Mike Buschelman, President, Nevada Association of Land Surveyors, said he would also like to support the amended language. Jack Holmes, Washoe County surveyor, also indicated his support of the amended language and would support the change from forty to fifty years. ASSEMBLYMAN OHRENSCHALL MOVED AMEND AND DO PASS ASSEMBLY BILL 461. ASSEMBLYMAN GOLDWATER SECONDED THE MOTION. Assemblyman Anderson expressed gratification that the land surveyors were able to reach an accommodating agreement and close so quickly. THE MOTION CARRIED UNANIMOUSLY. ********* WORK SESSION ASSEMBLY BILL 419 - Revises provisions governing disposition of money collected from fee imposed on short-term leases of passenger cars. Paul Mouritsen indicated A.B. 419 changes the proceeds of the fee on short-term leases of passenger cars so they will be deposited in the highway fund rather than the general fund. During committee discussion Mr. Mouritsen indicated revenues are in excess of $10 million. The committee agreed on a Ways and Means referral. ASSEMBLYMAN ALLARD MOVED DO PASS ON A.B. 419 WITH REFERRAL TO WAYS AND MEANS. ASSEMBLYMAN CHOWNING SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. ********** ASSEMBLY BILL 485 - Requires submission of evidence of insurance or other security for renewal of registration of motor vehicle. Paul Mouritsen explained the companion measure, A.B. 474, would require placement on the evidence of insurance the period for which the premium had been paid. Addressing Ms. Wadey-Howell, Mr. Allard commented on a redundant situation in that provisions were already in place. The insurance company would have to notify DMV when insurance has expired. He felt it would only necessitate more paperwork and be unnecessary. Ms. Wadey-Howell agreed. MR. ALLARD MOVED TO INDEFINITELY POSTPONE A.B. 485. MS. OHRENSCHALL SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. ********** ASSEMBLY JOINT RESOLUTION 29 - Encourages extension of existing systems and facilities for nonmotorized transportation completely around Lake Tahoe. Paul Mouritsen explained A.J.R. 29 encourages cooperation of the State of Nevada, the state of California and the federal government in achieving the extension of systems for nonmotorized transport completely around Lake Tahoe. ASSEMBLYMAN GOLDWATER MOVED TO ADOPT A.J.R. 29. ASSEMBLYMAN NOLAN SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. ********** SENATE BILL 186 - Revises provisions governing fee for processing of fingerprints for applicants for licensure as vehicle transporters, manufacturers, distributors, dealers and rebuilders. Mr. Mouritsen stated S.B. 186 authorizes the Department of Motor Vehicles to set by regulation the fee for processing fingerprints. Currently the fee is set in statute at $38. He indicated the department is interested in discussing changes in the bill. Ms. Wadey-Howell provided a letter from Dennis Debacco, Manager of Records and Identification Services (Exhibit D) on the subject of fingerprint card processing fees. Mr. Batten asked for fee justification. Ms. Wadey-Howell said they originally had asked for the authority to establish the fee by regulation as the FBI fee had increased by one dollar. As a result, the department had to pay that fee out of their budget so they wanted to be able to adjust that fee accordingly. The fee currently is set in statute at $38 ($15 for the criminal justice repository and $23 for the FBI). A proposed amendment to S.B. 186 ( Exhibit E) was submitted by Ms. Wadey- Howell indicating a fee must not exceed the cost the department incurs with the FBI and the Nevada Criminal Justice Information System for the processing of fingerprints. ASSEMBLYMAN ANDERSON MOVED TO AMEND AND DO PASS S.B. 186. ASSEMBLYMAN DE BRAGA SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. ********** SENATE BILL 188 - Authorizes department of motor vehicles and public safety to issue sample license plates. Paul Mouritsen stated S.B. 188 authorizes the department of motor vehicles to issue sample license plates. At the present time there is not an explicit statutory authorization for that and he noted the department is prepared to propose language regarding the marking of those plates. Ms. Wadey-Howell said all options were weighed regarding marking of the sample plates. It was agreed to purchase a diagonal dye and mark it "sample". The drafted language is submitted as Exhibit F. ASSEMBLYMAN ALLARD MOVED AMEND AND DO PASS S.B. 188. ASSEMBLYMAN ANDERSON SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. There being no further business the meeting was adjourned at 3:09 p.m. RESPECTFULLY SUBMITTED: Christine Shaw, Committee Secretary APPROVED BY: Assemblyman Thomas Batten, Chairman Assemblyman Vonne Chowning, Chairman Assembly Committee on Transportation May 9, 1995 Page