MINUTES OF THE ASSEMBLY COMMITTEE ON TRANSPORTATION Sixty-eighth Session May 30, 1995 The Committee on Transportation was called to order at 2:00 p.m., on Tuesday, May 30, 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: Mrs. Vonne Chowning, Chairman Mr. Dennis L. Allard, Vice Chairman Mr. David Goldwater, Vice Chairman Mr. John C. Carpenter Mrs. Marcia de Braga Mr. Dennis Nolan Ms. Genie Ohrenschall Ms. Patricia A. Tripple COMMITTEE MEMBERS EXCUSED: Mr. Bernie Anderson Mr. Thomas Batten, Chairman STAFF MEMBERS PRESENT: Mr. Paul Mouritsen, Senior Research Analyst OTHERS PRESENT: Mr. Bob Hagen, Assistant Chief, Department of Motor Vehicles/Public Safety Ms. Teri Baltisberger, Tax Administrator, Department of Motor Vehicles/Public Safety, Mr. Artie Valentine, Mr. Daryl Capurro, Nevada Franchised Auto Dealer Association, Mr. John Christiaens, Department of Motor Vehicles, Mr. P.D. Kiser, Chief Traffic Engineer, Nevada Department of Transportation, Mr. John Bawden, Captain, Highway Patrol, Mr. Sam McMullen, Lobbyist for Non- Profit Organizations. Vice Chairman Allard opened the hearing on Senate Bill 297. SENATE BILL 297 - Makes various changes to provisions governing regulation of motor carriers. Mr. Bob Hagen, Department of Motor Vehicles (DMV) and Public Safety, Registration Division, Motor Carrier Bureau, stated the bill was presented by the Department of Motor Vehicles to conform to the Nevada Statute with the International Registration Program (IRP) and International Fuel Tax Association (IFTA) standards. The bill matches the statutes with the requirements under the IRP and IFTA provisions. Vice Chairman Allard requested staff from DMV to walk the committee through the bill. Ms. Teri Baltisberger, Department of Motor Vehicles and Public Safety, reviewed the bill with the committee stating Section 1 goes through the International Registration Plan (IRP) which requires a 4 year retention schedule. DMV would like to change the language to maintain the 4 year retention. The 7 year requirement for mileage tax is no longer part of the statute and DMV requested its deletion. Section 2 changes licenses to permits under the IRP and IFTA. There is a temporary license which is good for 45-60 days in place of permanent credentials. Section 3 would allow the carrier to receive a permit refund in case of emergency, fires, or accidents, with a notarized statement by the insurance company. Section 4 changes the language on vendors and trip permits. Section 5 changes license to permit. Section 6 changes the interest rate to 1%. Currently 1% interest is charged on unpaid taxes. Section 7 contains cleanup language to change licence to permit. Vice Chairman Allard asked if there were any questions from the committee and there were none. Vice Chairman Allard closed the hearing on S.B. 297. SENATE BILL 352 - Revises provisions relating to documents required to be filed by vehicle dealer for transaction of business. Mr. Artie Valentine, speaking on behalf of himself testified on the bill. He stated Nevada currently has four titles, one conforming title and three non-conforming titles. The conforming title was required by the United States government when they passed the truth in odometer act. It is printed by a secure printing process on paper that is not readily counterfeitable. The federal law does not mandate a dealer reassignment form. The dealer reassignment form is a bill of sale and odometer statement. Federal law states if a dealer reassignment form is used, it shall be printed by a secure printing process on paper not readily counterfeitable. The bill authorizes DMV to print the dealer reassignment form and the authority to charge and not exceed $5 on each form they provide. The dealer reassignment forms would be used on dealer to dealer transactions. The public would only see it if the automobile had been wholesaled four or five times and then purchased by an individual. Assemblyman Tripple asked if the dealer reassignment form was a computerized form. Mr. Valentine replied the dealer reassignment form is identical to a title. Mrs. Tripple commented she envisioned DMV entering the modern age of technology in order to reduce the workload. Mr. Valentine indicated he had three bills drafted and introduced in Senate Transportation. He indicated if the bills pass it would eliminate at least 50% of the paperwork at DMV. Currently, if an automobile was wholesaled seven times, approximately 14 documents would be submitted to DMV. With the dealer reassignment form only two would be required. Assemblyman Chowning asked why it was important in Section 1 of the bill to not have the document notarized. Mr. Valentine responded with a conforming title, power of attorney, dealer report of sale, and dealer reassignment form there are no provisions for notarization. If any of these required a notary it would be additional paperwork for DMV. The dealers are under a bond from $5,000 to $50,000. He stated most states have eliminated a notary public as far as DMV is concerned. Mr. Daryl Capurro, Nevada Franchised Auto Dealer Association, responded to Mrs. Chowning's question. He stated there is a requirement in NRS 482.346 for notarization. The intention of the bill is to say in no other cases it is required. Most states no longer use a notary signature in this type of transaction. Mr. Capurro also responded to Ms. Tripple's question. He said electronic transfer of title is a goal. He stated the information would be stored and the title could be printed upon request by an agency or financial institution. This method of electronic title transfer is working in other states. Mr. John Christiaens, Department of Motor Vehicles, indicated the department supports the bill. Mrs. Chowning asked why the department supported this bill and if he agreed that other states are eliminating the notarization requirement. Mr. Christiaens explained they support this bill due to the heavy flow of paperworkat the department and yes, other states are eliminating the notarization requirements. Vice Chairman Allard closed the hearing on S.B. 352. ASSEMBLY BILL 638 - Prohibits certain vehicles from traveling in lane farthest to left under certain circumstances. Assemblyman Ohrenschall, Assembly District 12, Clark County, remarked A.B. 638 was requested by a constituent who is a retired truck driver. He informed her in many jurisdictions the practice was to limit big rigs to the right lane to ensure the left lane is reserved as a passing lane. This was done as a safety measure. Ms. Ohrenschall indicated if big rigs remained in the fast lane, accidents are created and other vehicles are prevented from passing. Ms. Ohrenschall further stated the jurisdictions which have adopted this legislation have done so as a safety measure. Vice Chairman Allard inquired about Page 1 of the bill where there are exemptions for big rigs traveling in the extreme left lane when the right lane is closed to traffic. Mr. Allard continued with discussion on Page 2 (c) of the bill where it states "a public authority has posted a notice authorizing continuous travel in the farthest left lane for that vehicle". Mr. Allard asked if this would cover if the right lane is closed to traffic. Ms. Ohrenschall responded she believed it would. Mr. P. D. Kiser, Chief Traffic Engineer, Nevada Department of Transportation (DOT), indicated the department is not against or supportive of the bill but did need some clarification on the bill. Mr. Kiser informed the committee there are two regulatory signs DOT has at their disposal which are available in the Manual of Uniform Traffic Control Devices. It is a nationally used manual. Two regulatory signs are available: "Slower Traffic Keep Right" and "Trucks Use Right Lane". Wherever these signs are posted they can be enforced by the proper authority. The department had a concern whether there was a need for this bill. Mr. Kiser explained that motor homes are a two axle vehicle and in some cases out number heavy trucks 5 to 1, causing as many problems in terms of slower traffic. He was unsure if the bill was worded to cover motor homes. Mr. Kiser informed the committee it was not brought to the department's attention there were problems on the state highways and stated there are devices available to deal with these type of problems. Vice Chairman Allard asked if Mr. Kiser felt this was already within the law. Mr. Kiser replied affirmatively. With the regulatory signs, problems can be addressed by establishing regulatory conditions at the location. Law enforcement agencies can be notified for enforcement purposes. Assemblyman Chowning commented the populous was faced constantly with vehicles transporting hazardous waste across our highways. Mrs. Chowning asked if there have been any accidents caused by trucks transporting hazardous waste and if other states have similar legislation in their statutes to address hazardous waste. Mr. Kiser responded there are more problems with vehicles losing brakes on downgrades than vehicles transporting hazardous waste. He did not know if other states have statutes addressing hazardous waste. Other states have regulatory signs at their disposal and these are used all over the country, especially in the truck climbing lane situations. Mrs. Chowning commented these signs are a warning to people that explosives are being transported. Mr. Kiser replied there is nothing specifically targeting hazardous waste carriers or nuclear waste carriers. More generic signs are used to address specific problems. Mrs. Chowning and Mr. Kiser discussed safety issues related to hazardous waste transport and signing. Vice Chairman Allard commented there was nothing mentioned in the bill to put signs up only when it was against the law for them to ride in the left hand lane. Mr. Kiser commented once it becomes law, suddenly the phone starts ringing and DOT starts receiving a lots of requests. Mr. Kiser said DOT would have to decide if a special sign was needed to deal with a situation of this type. Assemblyman Nolan commented there were federal and international regulations for placarding vehicles transporting dangerous and hazardous waste material. Mr. Nolan stated he appreciated the intent of the bill. The signs currently on the highway probably have as much effect as anything. He felt the legislation would be difficult to enforce. Ms. Ohrenschall commented there would be uniformity throughout the state if placed into statute. Mrs. Chowning asked if other states have a law similar to this and Mr. Kiser stated he did not know. Mr. John Bawden, Captain, Highway Patrol, indicated the Highway Patrol supported any measure to keep slower moving vehicles out of the left lane for protracted lengths of time and distance. Vehicles remaining in the outside lane (left lane), are unable to complete a pass. Returning to right lane can cause people to take chances and problems to occur. He was unsure if the current statute addressed the requirement as far as all vehicles utilizing the highway and the traffic lanes. Mr. Bawden stated the Highway Patrol supported any measure which would assist keeping the left lane free. Assemblyman Carpenter asked if the present law would take care of the issue. Mr. Bawden said the statute requires all vehicles remain to the right except in the act of passing. He further explained the amendments to the law deal with motor trucks, passenger cars drawing another vehicle, buses and vehicles transporting explosives. The original statute required all vehicles to remain to the right except for passing, when the road is not sufficient width or traffic is directed by proper authority. Mrs. Chowning asked if Mr. Bawden was aware of other states having a similar law. Mr. Bawden replied he did not know. Mrs. Chowning inquired about the penalty for big trucks blocking traffic for two hours. Mr. Bawden expressed he was not aware of any penalty, but a violation of this type would be approximately $25. Vice Chairman Allard asked Ms. Ohrenschall if the intent was to focus on trucks. Ms. Ohrenschall stated it was. Mr. Carpenter commented the problem he sees are the truckers playing games on public highways. Assemblyman Tripple commented it was a matter of enforcement rather than the posting of more signs. Mr. Carpenter questioned if a citizen arrest was proper in this type of violation. Mr. Bawden replied a citizen arrest can be made on any violation. Mr. Allard closed the hearing on A.B. 638 and reopened the hearing on S.B. 352. Mr. Sam McMullen, lobbyist for non-profit groups, informed the committee the groups he represented received cars as part of their charitable contributions. If too many cars go through a non-profit organization, the organization has to be licensed as a dealer when all they are doing is receiving the donations. He stated he had spoken with others involved in S.B. 352 and they have no problem adding an amendment to deal with this issue. Mr. McMullen stated the draft presented was reworked from the Arizona law (Exhibit C). It states a non-profit corporation does not have to become licensed as a dealer if the following conditions are met: 1) It must have been in existence for five years, 2) Stay in existence until the funds from the sale of the cars have been expended, 3) Cars must be sold on consignment using a licensed motor vehicle dealer, 4) None of the benefit inures to any persons involved, 5) The charitable organization may operate the car without purchasing the twenty-four hour registration permit required under NRS 482-3212. They can take possession of the donated vehicle, are not required to obtain a new certificate of title or registration, but, shall assign the certificate of title to the licensed motor vehicle dealer so when the dealer sells the car, the title transfers, 6) If the vehicle is operated the required insurance must be kept on the car. Vice Chairman Allard inquired if this information had been brought forward on the Senate side. Mr. McMullen stated the problem did not arise until the bill had been processed. He noted he had been working with Mr. Capurro and others and thanked the committee for reopening S.B. 352 requesting their support in the passage of this bill. Mrs. Chowning asked what kind of organizations would receive this type of donation. Mr. McMullen replied this was to create a mechanism where charitable organizations could receive the vehicle and ultimately get the cash. The charity mentioned by Mr. McMullen as having this type of problem was the American Lung Association of Nevada. Mr. Carpenter inquired why organizations have to be in existence for five years. Mr. McMullen replied it insures they are a functioning charity. If they have five years of serving the public as a non-profit organization the charitable organization requirement is met. Mr. Carpenter asked if Mr. McMullen had a problem with changing it to one year. Mr. McMullen stated he did not. Mr. Allard closed the hearing on S.B. 352. There being no further business to come before the committee, the meeting was adjourned at 3:45 p.m RESPECTFULLY SUBMITTED: _____________________________ Barbara Prudic Committee Secretary Assembly Committee on Transportation May 30, 1995 Page