MINUTES OF THE SENATE COMMITTEE ON TRANSPORTATION Sixty-eighth Session May 30, 1995 The Senate Committee on Transportation was called to order by Chairman William R. O'Donnell, at 7:03 p.m., on Tuesday, May 30, 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 O. C. Lee COMMITTEE MEMBERS ABSENT: Senator Joseph M. Neal, Jr. (Excused) GUEST LEGISLATORS PRESENT: Assemblyman Larry Spitler, Clark County District No. 41 Assemblyman Jack Close, Sr., Clark County District No. 15 Assemblyman Bernie Anderson, Washoe County District No. 31 Assemblywoman Vonne Chowning, Clark County District No. 28 Assemblyman Lynn Hettrick, Douglas County District No. 39 STAFF MEMBERS PRESENT: Jean White, Research Analyst Diane Rea, Committee Secretary OTHERS PRESENT: Nancy Saitta, Child Advocate, Office of the Attorney General Denis Austin, Assistant Chief, Registration/Title Bureau, Department of Motor Vehicles and Public Safety (DMV&PS) Raymond Sparks, Deputy Director, Department of Motor Vehicles and Public Safety (DMV&PS) Stan Warren, Lobbyist, Nevada Car Owners Association John Holmes, Self Stephanie Tyler, Lobbyist, City of Sparks Susan Baskoff, Executive Director, Nevada State Council on the Arts Laurie Buck, Deputy Attorney General, Department of Motor Vehicles and Public Safety (DMV&PS) I.R. (Randy) Ashleman, Lobbyist, R.L. Polk Andy Swall, Lobbyist, West Coast Auto Recovery Bill Gregory, Lobbyist, MGM Grand Inc. Jan Starnes, Manager, Human Resources, MGM Grand Inc. Lieutenant Stan Olsen, Legislative Liaison, Las Vegas Metropolitan Police Department (METRO) Daryl Capurro, Lobbyist, Nevada Motor Transport Association, Inc. (NMTA) Senator O'Donnell opened the hearing on Assembly Bill (A.B.) 118. ASSEMBLY BILL 118: Requires department of motor vehicles and public safety to issue license plates for support of missing or exploited children. (BDR 43-1232) Assemblyman Larry Spitler, Clark County District No. 41, testified this is his bill. He said this bill recognizes the importance of the Legislative support to the license plate program for missing or exploited children. He said this plate will have a hand on it, and will support the account for missing or exploited children. The money will go to carry out the provisions of Nevada Revised Statutes (NRS) 432.150 to NRS 432.220, which is the agreement with Health and Human Services for this purpose. Nancy Saitta, Child Advocate, Office of the Attorney General, said as the child advocate for the State of Nevada she is in support of this bill. This bill facilitates safety and child injury prevention programs and increases public awareness. Dennis Austin, Assistant Chief, Registration/Title Bureau, Department of Motor Vehicles and Public Safety (DMV&PS), testified the department is in support of this program. Senator O'Donnell asked about the cost for the die for the plates? And how is that going to be funded? Mr. Austin replied that the die fee is less than $500. Raymond Sparks, Deputy Director, Department of Motor Vehicles and Public Safety (DMV&PS), testified there is equipment money in the department's budget for replacement dies and this can be funded out of that money. Senator Jacobsen asked who is going to take advantage of these plates? Mr. Spitler replied a progressive marketing plan is being worked on to bring major business into the sales of these plates. Ms. Saitta said she is working with a corporate representative of the Target Stores who has expressed an interest in either licensing their fleet or at least promoting the sales of the plates on their bags. Senator O'Donnell closed the hearing on A.B. 118. Senator O'Donnell opened the hearing on A.B. 153. 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. (BDR 43-503) Assemblyman Anderson was not present to testify on his bill, so Senator O'Donnell suspended the hearing on A.B. 153. Senator O'Donnell opened the hearing on A.B. 289. ASSEMBLY BILL 289: Authorizes issuance of special license plates and registration certificates for "classic vehicles." (BDR 43-1365) Assemblyman Jack Close, Sr., Clark County District No. 15, submitted testimony as the primary sponsor of the bill (Exhibit C). Mr. Sparks said the department is in support of the bill. The cost of the die can be absorbed by the department from the special budget. Stan Warren, Lobbyist, Nevada Car Owners Association testified in support of the bill. John Holmes, Self, testified in support of the bill. Senator O'Donnell closed the hearing on A.B. 289. Senator O'Donnell reopened the hearing on A.B. 153. Assemblyman Bernie Anderson, Washoe County District No. 31, said the bill is requested by the previous senator from Sparks. He said the DARE (Drug Abuse Resistance Education) program is a drug awareness program and this plate will help to finance some of the needs of the program. He stated he will buy a plate to support this program. Stephanie Tyler, Lobbyist, City of Sparks, said the City of Sparks is involved in this program and is in support of the bill. Senator Porter said the bill shows it will take 60 plates at $35 each to recover the cost of the plates. Mr. Anderson replied that the DMV&PS said that 60 plates are needed cover the cost of the decal and the initial setup. Jean White, Research Analyst, said she will research as to why the bill says 60 plates need to be sold. Senator Washington said this is a great program and he will buy two sets of plates. Senator Jacobsen said the emphasis should be on the kids who have graduated from the program. Senator Washington asked where the program is financially and what are the goals of the future? Mr. Anderson said he cannot answer that. Senator O'Donnell closed the hearing on A.B. 153. Senator O'Donnell opened the hearing on A.B. 452. ASSEMBLY BILL 452: Requires department of motor vehicles and public safety to issue license plates for support of education of children in arts. (BDR 43-1643) Assemblywoman Vonne Chowning, Clark County District No. 28, testified California is the only other state with this type of bill. She presented California's promotion of the arts plate (Exhibit D). She said this will be constantly marketed with such things as T-shirts, with art as is shown on the card provided (Exhibit E). She said Sylvester Stallone helped support the bill in California and Nevada has Toni Tennille's support (Exhibit F). Susan Baskoff, Executive Director, Nevada State Council on the Arts, provided a flyer from Very Special Arts Nevada (Exhibit G) and talked about the involvement of the special needs children in the program. A listing of residencies for the children is provided (Exhibit H). Senator O'Donnell closed the hearing on A.B. 452. Senator O'Donnell stated that the committee has been asked to withdraw A.B. 336 from this hearing because the interested parties could not be present at this time. ASSEMBLY BILL 336: Expands and clarified authority of municipality to acquire property for municipal airport. (BDR 44-529) Senator O'Donnell stated that Senator Porter and Senator Washington were assigned to a subcommittee on Senate Bill (S.B.) 349 which met at 7:00 a.m. this morning. They were able to work out an amendment that may solve the problems (Exhibit I). SENATE BILL 349: Requires regional transportation commission in certain counties to develop transportation plans and programs in compliance with federal law. (BDR 32-1953) Senator Porter explained the problem in section 1 had to do with federal regulations. Section 2's problem had to do with competition between the private and public sectors. He said the possible solutions are in the handout, and he reviewed the handout. He encouraged the adoption of the amendment. Senator O'Donnell asked for a motion to have the proposed amended version drafted and brought back to the committee for discussion. SENATOR LEE MOVED TO DRAFT THE PROPOSED AMENDMENT. SENATOR SHAFFER SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR NEAL WAS ABSENT FOR THE VOTE.) * * * * * Senator O'Donnell opened the hearing on A.B. 187. ASSEMBLY BILL 187: Revises provisions relating to disclosure of certain information contained in records of department of motor vehicles and public safety. (BDR 43-347) Assemblyman Lynn Hettrick, Douglas County District No. 39, told the committee why the bill came about and the purpose of the bill. The bill limits the ability to obtain information from DMV&PS. He said that there is one other section needed to be added to lines 8 and 9. He reviewed the bill and explained the need for the bill. Senator Porter acknowledged that his company falls within page 3, items F, G, and H. This will not affect their income, but he does have an account with Bank of America. Mr. Hettrick stated that he thinks Mr. Sparks has a proposed amendment to the bill and he is in support of that amendment. Mr. Sparks said the department supports A.B. 187 and testified as to DMV&PS's standings concerning the information disclosure (Exhibit J). He requested the amendments be made to eliminate the contradictions to the federal law. Senator Jacobsen asked if the requests for information from DMV&PS are always in writing? Mr. Sparks stated unless the individual or firm already has an account with the DMV&PS, and the requests are handled in Carson City only, at this time. Senator Washington asked if the crime package being looked at by the federal government will be reviewed with issuance of information on license plates? Will it be necessary for the states to comply with the federal mandates right now? Mr. Sparks replied the Driver Privacy Protection Act (DPPA) was part of the 1994 crime bill that was passed and signed into law. Unless it is amended .... Senator Washington asked if it will be easier to wait until the next session to try to conform to that law? Mr. Sparks replied it is not, from DMV&PS's standpoint. The administrative rule process is lengthy and cumbersome. It is not impossible for the department to come back in 2 years and go through the whole process again. Senator Jacobsen asked if the department refuses to give information to an individual, does that open the door for that person to go to the attorney general's office and file charges? Mr. Sparks stated that the department has been challenged in terms of information being released and claimed to be inappropriate, and on information they declined to release. There have been no court cases as yet. Laurie Buck, Deputy Attorney General, Department of Motor Vehicles and Public Safety (DMV&PS), provided a summary for the committee of the reprint of the bill (Exhibit K). Senator O'Donnell asked for the DMV&PS and attorney general's office to get together with the Legislative Counsel Bureau (LCB) staff to work on this bill. Senator O'Donnell asked if the majority of customers who buy the lists from the DMV&PS buy them in large quantities or do they buy them in small numbers? Mr. Sparks replied that the majority buy them in small numbers, by the hundreds. These are bought by financial institutions, insurance companies, and such. The minimum for a single record is $5 and the entire data base is $2500. This bill will prevent someone coming in and asking for a single record without legitimate justification. He said one concern in this area is the stalkers. This bill will address that. A person can get the list, but without license numbers. Senator O'Donnell asked if there is a law that gets a person's name off mailing lists? Ms. Baskoff said there is no federal or state law that covers that. Senator O'Donnell said he thinks there should be a provision allowing a person to have their name removed from those listings. Mr. Sparks said there is a procedure for a person to not allow DMV&PS to release their name. Senator O'Donnell asked about someone buying the list from DMV&PS and then selling that list to another party. Mr. Sparks said R.L. Polk does resell the lists that they get from DMV&PS, and that is legal. Under the provisions of this bill, DMV&PS will not release a list with license plate numbers on it. I.R. (Randy) Ashleman, Lobbyist, R.L. Polk, testified they do not sell license plate numbers to anyone. Their policy is that upon request, a person can have their name taken off the listing that they do sell. Senator O'Donnell asked if they sell the plate numbers to anyone? Mr. Ashleman said they sell information concerning a license plate. That is one of the concerns that prompted the reforming of the policy for the selling of these lists. Mr. Sparks stated that if a person selling that information can be tracked down, a person can put them on notice that they will take action against them if their name is released to anyone as of a certain date. Mr. Ashleman suggested that the staff take a look at the federal act. He said he thinks that will give the objective needed for this bill. The federal act says that you can have your name removed from lists for various reasons. Senator Porter said there is a safety issue for people in law enforcement on this bill. Senator Lee asked if the list is sold to fund DMV&PS or is it because DMV&PS records are public records? Mr. Sparks replied for both reasons. Unless the release is illegal or an unwarranted invasion of privacy, DMV&PS is required to disclose this information. Over the years, the amount of revenue has become $4 to $5 million a year. Senator Lee said: I think if all these other people are concerned about being harassed, then I think I should be allowed to be concerned about being harassed and I got a problem of everybody else saving money, because I am willing to pay mine; up my registration fee and we will fund the department whatever it takes and nobody gets harassed. I don't want to be harassed and jeopardize my safety as well as other people's safety, reference to not wanting to pay my bill. Apparently, when we sell those lists somebody else is generating money and revenues on down the road as they disseminate that out. I think everybody is making money off me and I'm getting harassed. Mr. Sparks responded that the provision is in the federal act to prevent the release of a person's name and that will address some of the concerns. Andy Swall, Lobbyist, West Coast Auto Recovery, said that they recommend the federal act because the exception to the individual saying they do not want to be notified is in there. It relates to recall, study of accident frequency by a vehicle, items of that nature. This type of thing has nothing to do with an individual's privacy. Senator Porter suggested the staff take a look at the provisions and provide the committee with some facts to look at. Bill Gregory, Lobbyist, MGM Grand Inc., testified they are in support of the federal legislation being amended into the bill. He said he also likes the provision of being able to request that DMV&PS not give out your information. Jan Starnes, Manager, Human Resources, MGM Grand Inc., stated there are several members of the MGM Grand staff who have written statements in support of this bill (Exhibit L). Lieutenant Stan Olsen, Legislative Liaison, Las Vegas Metropolitan Police Department (METRO), stated that METRO supports the bill with the exception of one portion; page 2, lines 4 through 9. His recommendation is on line 6 after the word "shall," insert the statement "conduct an investigation or." METRO does not want to provide a requestor with any information. Daryl Capurro, Lobbyist, Nevada Motor Transport Association, Inc. (NMTA), stated that trucking companies are required by federal law to report on violations of drivers employed by their companies and can only get that information through DMV&PS. There are legal reasons for getting this information. Senator O'Donnell asked for further testimony. Senator O'Donnell closed the hearing on S.B. 349. Senator O'Donnell adjourned the meeting at 9:25 p.m. RESPECTFULLY SUBMITTED: Diane C. Rea, Committee Secretary APPROVED BY: Senator William R. O'Donnell, Chairman DATE: Senate Committee on Transportation May 30, 1995 Page