MINUTES OF THE SENATE COMMITTEE ON TRANSPORTATION Sixty-eighth Session February 2, 1995 The Senate Committee on Transportation was called to order by Chairman William R. O'Donnell, at 1:43 p.m., on Thursday, February 2, 1995, in Room 226 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. COMMITTEE MEMBERS PRESENT: Senator William R. O'Donnell, Chairman Senator Maurice Washington, Vice Chairman Senator Lawrence E. Jacobsen Senator Jon C. Porter Senator Raymond C. Shaffer Senator Joseph M. Neal, Jr. Senator O. C. Lee STAFF MEMBERS PRESENT: Don O. Williams, Chief Principal Research Analyst Diane Rea, Committee Secretary Vincent Garth, Primary Secretary OTHERS PRESENT: Captain William Goodard, Department of Motor Vehicles and Public Safety (DMV), Field Operations Bureau Galen Denio, Commissioner, Public Service Commission (PSC) John Mendoze, Public Service Commission (PSC) Daryl Capurro, Nevada Motor Transport Association, Inc. (NMTA) Eric Cooper, Lobbyist, Nevada Sheriffs and Chiefs Association Lieutenant William Cavagnaro, Las Vegas Metropolitan Police Department (METRO) Wendy Lacerda, Criminal Investigator, State of Nevada Division of Investigation F. L. Cypher, Deputy Chief, State of Nevada Division of Investigation Senator Neal arrived at 2:13 p.m. Senator O'Donnell introduced Senate Bill (S.B.) 107 (Exhibit C) and asked if anyone was there to testify on behalf of the bill. S.B. 107: Removes certain exemptions from provisions regulating motor carriers. Bill Goodard, State of Nevada Department of Motor Vehicles (DMV) stated that the NHP had requested this bill, because when the exemption was written for licensing for certain carriers, it took the carriers out of the safety regulations. The NHP was asking that the regulations be put back in so they can apply the safety regulations of the state to those carriers. Senator O'Donnell asked what those safety regulations were ... Nevada Revised Statutes (NRS) 706.171? Galen Denio, Commissioner, Public Service Commission (PSC) stated that the transportation regulations are in flux because of the passage of federal law 103 and 305. The PSC supports S.B. 107 but they believe it should go to a subcommittee so they can deal with all the changes that are going to be needed to make sure that the state law reflects the provisions of the federal law. Mr. Goodard referenced NRS 706.171, NRS 706.173, NRS 706.235, NRS 706.246, NRS 706.251, and NRS 706.256 (Exhibit D) and how they pertain both to the PSC and to the NHP. Senator O'Donnell asked why the motor carriers would be exempt? Captain Goodard replied that he could not explain why, other than to encourage bringing carnival events and such types of business to come into the state. They exempted the statute that allows the state to make rules and regulations pertaining to safety. Senator Jacobsen asked that if an outside contractor came into the state and worked on an interstate highway, was he subject to anything other than if he had been a local contractor? Captain Goodard answered that if he is Nevada licensed then he would be exempt from these regulations. Senator Washington asked if the bill was to make the state in compliance with the federal regulations? Mr. Denio replied that he had a summary of the preemption language (Exhibit E) that was put together by the National Conference of State Legislatures and a summary of the Congressional Conference Reporters that would clarify his question. Mr. Denio continued with what Nevada needs to do is bring state law into conformity with the regulations of the motor carriers. He stated that it was his belief that this bill draft request (BDR) had been written before the time when the federal law had been changed. Senator O'Donnell advised the committee that this is probably the first in a long list of requests from the Public Service Commission and that the committee will have to take a long careful look at each of the issues. John Mendoza, Chairman, Public Service Commission (PSC) stated that there will be a tremendous impact on the statutes and their impact on the state. Senator Jacobsen asked if the PSC's rules and requirements are the same as the NHP? Mr. Mendoza stated that they were not exactly the same because NHP's mission is different than that of PSC. Daryl Capurro, Motor Transport Association Inc., stated that the association is in support of what this bill is trying to do; also supports the request to hold it for the overall changes that will have to be made in NRS 706.291 (Exhibit F) ... with respect to the enforcement of liability insurance rules. Senator O'Donnell asked Mr. Capurro if he was saying that time should be spent on the whole package of bills and this is just the beginning. Mr. Capurro stated that that was correct. Federal law preempts the state from regulating rates, routes and service except for household goods carriers and passenger carriers. This bill will put back the regulations for safety. Senator O'Donnell ask for any opposition to the bill. Senator O'Donnell closed the hearing on S.B. 107. Senator O'Donnell opened the hearing on Senate Bill 134 (EXHIBIT G). S.B. 134: Revises provisions governing reports of missing persons. Senator O'Donnell asked if there was anyone to testify on behalf of S.B. 134. Eric Cooper, Nevada Sheriffs and Chiefs Association, stated that he did not know the purpose of the bill, so did not know if he was for or against it. He questioned the need to bump up the time limit of investigations. A lot of people who were missing wanted to be missing. Why is there a 24-hour limit on investigations by the police department? Depending on the circumstances, many investigations are started immediately. William (Bill) Cavagnaro, Las Vegas Metropolitan Police Department (METRO), stated that the 24-hour time limit was difficult for the police department to meet on a continuous basis. Senator Jacobsen asked what the first procedure was? Mr. Cavagnaro stated that METRO tries to identify a person first. If that fails METRO contacts the Division of Investigation. If the person is not local they would run him on National Crime Information Computer (NCIC). Senator O'Donnell asked if a person was found with no identification, they were entered into the computer, how are they matched? Senator O'Donnell stated if NCIC has no identification for the person they will not be able to match them. Senator Shaffer asked what would happen if a child were taken? Mr. Cooper answered that this bill specifically refers to adults. The rules for a missing child are completely different ... maximum effort is immediate. Senator Jacobsen asked at what point does the coroner get involved? Mr. Goodard replied that where the death occurs under suspicious circumstances the coroner is ordered to do an autopsy. Senator O'Donnell asked how long it takes to perform an autopsy? Mr. Goodard replied that the autopsy takes 2 to 3 hours, but the results of the testing takes several weeks. Senator O'Donnell stated that this statute occurs when a coroner is unable to establish an identity. What the METRO is trying to do is identify this person through the computer. Senator Neal asked what was wrong with this ... the police are only being asked to transmit the available information that they have within this time period. The information that they do not have cannot be transmitted. Mr. Cooper replied that if METRO has a missing persons' report on Friday night and there are no investigators for the missing person section on duty, the information will not be transmitted until Monday morning to the Nevada Division of Investigation (NDI). Senator O'Donnell asked how many persons were in the missing persons' bureau? Lt. Cavagnaro stated that he believed there were three and their caseload in the past has not been real heavy. Mr. Cooper stated that the Nevada Missing Persons' Division handles a large number of requests from other agencies to look for people who come to Nevada and have not communicated with their home. Senator Neal asked what about the transmission of information to the division was it that METRO presently cannot do in Clark County. Wendy Lacerda, Criminal Investigator, State of Nevada Division of Investigation (NDI), replied that currently the law states that within 5 days of taking a missing persons report, that agency must notify NDI. Logistically, 24-hours might not be a reasonable time frame for an agency to report to NDI. The law states that all agencies in the state of Nevada report to NDI, so NDI gathers all the data. Other states will contact NDI and ask if they have any missing persons that may match this unidentified person? They work with states all across the country. The NCIC is used to try to match and identify a missing person with the dead nationwide. This computer only works if there are fingerprints, skulls or some identifiable parts. NDI is in the process of developing a computer program that will go beyond the NCIC and match a tattoo, scar, fractures, clothes and such to further attempt to identify missing persons. Right now there are approximately 70 cases on file of unidentifiable persons. NDI considers a 72-hour time frame reasonable. Senator Jacobsen asked if a person is found at a scene, do NDI officials have the right to give the deceased persons name over the wire. Ms. Lacerda stated that if there is picture identification on the person so that they can be identified for certain, the official can give the name over the wire. F. L. "Rick" Cypher, Deputy Chief, State of Nevada Division of Investigation (NDI), stated that NDI is tasked with missing person identification. The transmittal of that information is done as soon as possible. The 24-hour limit would be difficult to work with. Senator O'Donnell stated that if there were no other comments he was going to close the hearing on S.B. 134. Senator O'Donnell said the committee would like to take some action on Senate Bill (S.B.)109 (Exhibit H). SENATE BILL 109: Authorizes use of television-type receiving equipment for navigation of motor vehicle. (BDR 43-1036) Senator O'Donnell reviewed the summary (Exhibit I) from Mr. Williams on S.B. 109. SENATOR SHAFFER MOVED TO DO PASS S.B. 109 SENATOR LEE SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. * * * * * Senator O'Donnell introduced Bill Draft Request (BDR) 43-578 (Exhibit J), BDR 43- 587 (Exhibit K), BDR 43-898 (Exhibit L), and BDR 35-829 (Exhibit M). BDR 43-578: Revises provisions governing fee for processing of fingerprints for applicants for licensure as vehicle transporters, manufacturers, distributors, dealers and rebuilders. BDR 43-587: Increases fees for reinstatement of driver's license after revocation, suspension or cancellation. BDR 43-898: Authorizes department of motor vehicles and public safety to issue sample license plates. BDR 35-829: Revises provisions relating to disposal of certain property acquired by department of transportation. SENATOR NEAL MOVED TO INTRODUCE ALL FOUR BILL DRAFTS. SENATOR LEE SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. * * * * * Senator O'Donnell adjourned the meeting at 2:40 p.m. RESPECTFULLY SUBMITTED: ___________________________ Diane C. Rea, Committee Secretary APPROVED BY: _____________________________________ Senator William R. O'Donnell, Chairman DATE: ______________________________ Senate Committee on Transportation February 2, 1995 Page