MINUTES OF THE SENATE COMMITTEE ON TRANSPORTATION Sixty-eighth Session June 10, 1995 The Senate Committee on Transportation was called to order by Chairman William R. O'Donnell, at 1:30 p.m., on Saturday, June 10, 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 O. C. Lee COMMITTEE MEMBERS ABSENT: Senator Joseph M. Neal, Jr. (Excused) Senator Raymond C. Shaffer (Excused) STAFF MEMBERS PRESENT: Don O. Williams, Chief Principal Research Analyst Diane Rea, Committee Secretary OTHERS PRESENT: Laurel Stadler, Lobbyist, Mothers Against Drunk Drivers (MADD) Tom Grady, Lobbyist, Nevada League of Cities Doug Dickerson, Lobbyist, City of Las Vegas Larry Stout, Assistant Chief, Registration Division, Department of Motor Vehicles and Public Safety (DMV&PS) Galen Denio, Commissioner, Public Service Commission of Nevada (PSC) Daryl Capurro, Lobbyist, Nevada Motor Transport Association, Inc. (NMTA) Kelly Jackson, Regulatory Operations Staff Counsel, Public Service Commission of Nevada (PSC) Kimberly Marsh Guinasso, Deputy Legislative Counsel, Legal Division, Legislative Counsel Bureau (LCB) Sam McMullen, Lobbyist, Washoe Regional Water Planning Coalition Senator O'Donnell opened the hearing on Assembly Bill (A.B.) 91. ASSEMBLY BILL 91: Requires evaluation and treatment relating to abuse of alcohol or other drugs for juvenile offenders under certain circumstances. (BDR 43-247) Laurel Stadler, Lobbyist, Mothers Against Drunk Drivers (MADD), gave her testimony (Exhibit C). Senator O'Donnell closed the hearing on A.B. 91. Senator O'Donnell opened the hearing on Senate Bill (S.B.) 441. SENATE BILL 441: Prohibits department of motor vehicles and public safety from renewing registration of motor vehicle if fines for certain traffic violations have not been paid. (BDR 43-668) Tom Grady, Lobbyist, Nevada League of Cities, stated they are in agreement with the Department of Motor Vehicles and Public Safety's (DMV&PS) fiscal note (Exhibit D). He said there is a $10 fee that will be added. On the new fiscal note it calls for a $16 total cost. The League of Cities is willing to give up the $6. Senator O'Donnell stated that the $16 is for just the first year so DMV&PS can recoup their expenses. Doug Dickerson, Lobbyist, City of Las Vegas, stated that their amendment is to make sure the civil violations are included in the bill (Exhibit E). Mr. Grady stated his organization is in agreement with this amendment, also. Senator O'Donnell stated he will accept a motion to amend and do pass with the language to include Exhibit E. Larry Stout, Assistant Chief, Registration Division, Department of Motor Vehicles and Public Safety (DMV&PS), testified the up- front money on the fiscal note comes from the General Fund. The $16 is for FY (fiscal year) 1996 only. That is to repay the General Fund for the up-front money. He said the fee for the consecutive years, after that, needs to be set by the committee. The cost of $8.50 is the actual cost. He said the bill needs to establish a special account for the collection of this money. Senator O'Donnell stated that he thought this up-front money could come from the Highway Fund, because part of the civil fines include an assessment which they had figures will produce $500,000 for the Highway Fund. Senator O'Donnell said: The chair will accept a motion to amend and do pass with the provision that we established, in the bill, $10 assessments for this measure, and a $6 onetime additional assessment to be subtracted from the proceeds from the parking tickets and civil fines to pay for this program. SENATOR PORTER MOVED TO AMEND AND DO PASS S.B. 441 WITH THE PROVISIONS STATED BY SENATOR O'DONNELL. SENATOR WASHINGTON SECONDED THE MOTION. THE MOTION CARRIED. (SENATORS NEAL AND SHAFFER WERE ABSENT FOR THE VOTE.) * * * * * Senator O'Donnell stated that this bill may have to be referred to the Senate Committee on Finance. Senator Jacobsen asked if there is any idea of the outstanding amount? Mr. Grady responded Reno estimates about $300,000 and southern Nevada is probably around $800,000 to $900,000. The balance of the state is around $200,000 to $300,000. Senator O'Donnell closed the hearing on S.B. 441. Senator O'Donnell opened the hearing on S.B. 442. SENATE BILL 442: Conforms state regulation of motor carriers to new federal law. (BDR 58-1946) Don O. Williams, Chief Principal Research Analyst, stated a subcommittee asked the Legal Division to work with the Public Service Commission of Nevada (PSC) on drafting amendments on both S.B. 442 and S.B. 443. SENATE BILL 443: Regulates operation of tow cars. (BDR 58- 1792) Mr. Williams continued they are still in progress', however, the committee has a letter from Galen Denio (Exhibit F) that has the suggested provisions. Galen Denio, Commissioner, Public Service Commission of Nevada (PSC), testified the Assembly has utilized A.B. 335 for possibly providing tow car legislation. ASSEMBLY BILL 335: Repeals authority of public service commission of Nevada to regulate for licensing purposes private motor carriers of property when used for private commercial enterprises. (BDR 58-896) Daryl Capurro, Lobbyist, Nevada Motor Transport Association, Inc. (NMTA), stated he had been at the hearing when this issue came up. He said it had been pointed out to the Assembly that the Senate committee was dealing with the issues of S.B. 442 and S.B. 443 and told them that he feels it will be resolved. The explanation he had received from them was that they felt this was of sufficient importance so they were going to do something with A.B. 335. Mr. Denio stated he had advised both the Assembly and the Senate, back in March, of the need to revise chapter 706 of the Nevada Revised Statutes (NRS), in relation to Public Law (P.L.) 103.305. They had continuing conversations with members of the commission over some period of time. Senator O'Donnell asked if the PSC is the only one concerned with this bill? Mr. Denio responded, "Yes." Senator O'Donnell stated that he and the committee needed to take the weekend to go through the amendment. Mr. Capurro stated that he and Kelly Jackson (PSC) had reviewed the drafted amendment and he agrees with the general framework of the draft. Kelly Jackson, Regulatory Operations Staff Counsel, Public Service Commission of Nevada (PSC), explained the difference between the exhibits contained in Exhibit F. He said that PSC is satisfied with the changes to S.B. 442. Kimberly Marsh Guinasso, Deputy Legislative Counsel, Legal Division, Legislative Counsel Bureau (LCB), testified that the changes that have been made are housekeeping changes to make sure there are no conflicts with the statute relating to the hazardous waste issue. Everyone concerned is comfortable with exhibits 1 and 2 of Exhibit F. Ms. Guinasso stated that there are some problems with exhibit 3; which is S.B. 443. Mr. Capurro asked if exhibit 3, section 16's inclusion is necessary in this bill. He suggested that this section be removed. Mr. Jackson said he agrees. It looks like an overlap that is not necessary. Ms. Guinasso stated that the amendment will not look like exhibit 3. Senator O'Donnell asked if the committee has any questions on exhibit 1? Senator Washington asked if the tow cars are being taken out of exhibit 1? Ms. Guinasso stated that is correct. Exhibit 3 amends S.B. 443 and exhibit 1 amends S.B. 442. S.B. 442 contains no mention of tow cars. S.B. 443 regulates tow cars where the state would not be preempted in matters of safety. Senator O'Donnell said on S.B. 442, the chairman will accept a motion to amend and do pass with the amendments prepared by LCB's legal counsel. SENATOR WASHINGTON MOVED TO AMEND AND DO PASS S.B. 442. SENATOR PORTER SECONDED THE MOTION. THE MOTION CARRIED. (SENATORS NEAL AND SHAFFER WERE ABSENT FOR THE VOTE.) * * * * * Senator O'Donnell said the chairman will accept a motion to amend and do pass S.B. 443 allowing the bill drafter to make the necessary additions and corrections. SENATOR WASHINGTON MOVED TO AMEND AND DO PASS S.B. 443. SENATOR JACOBSEN SECONDED THE MOTION. THE MOTION CARRIED. (SENATORS NEAL AND SHAFFER WERE ABSENT FOR THE VOTE.) * * * * * Senator O'Donnell introduced Bill Draft Request (BDR) 43-1919. BILL DRAFT REQUEST 43-1919: Requires suspension of driver's license of person who fails to pay fine for traffic violation. Senator O'Donnell asked the committee to look at the BDR. The committee wanted to hold the BDR. Senator O'Donnell asked for a motion to do pass A.B. 91. SENATOR PORTER MOVED TO DO PASS A.B. 91. SENATOR WASHINGTON SECONDED THE MOTION. THE MOTION CARRIED. (SENATORS NEAL AND SHAFFER WERE ABSENT FOR THE VOTE.) * * * * * Senator O'Donnell stated that the committee had moved to not concur with the Assembly amendment to S.B. 188. SENATE BILL 188: Authorizes department of motor vehicles and public safety to issue sample license plates. (BDR 43-898) Senator O'Donnell said the Assembly amendment put the word SAMPLE on the license plate. The DMV&PS has said they do not have any problem with that action. He called for the committee to rescind their action of not concurring. SENATOR PORTER MOVED TO RESCIND THE PREVIOUS ACTION OF NOT CONCURRING WITH THE ASSEMBLY AMENDMENT TO S.B. 188. SENATOR LEE SECONDED THE MOTION. THE MOTION CARRIED. (SENATORS NEAL AND SHAFFER WERE ABSENT FOR THE VOTE.) * * * * * Senator O'Donnell asked for a motion to concur with the amendment to S.B. 188. SENATOR JACOBSEN MOVED TO CONCUR WITH THE AMENDMENT TO S.B. 188. SENATOR LEE SECONDED THE MOTION. THE MOTION CARRIED. (SENATORS NEAL AND SHAFFER WERE ABSENT FOR THE VOTE.) * * * * * Sam McMullen, Lobbyist, Washoe Regional Water Planning Coalition, testified that there was a bill draft request lost in the process. The BDR is on behalf of the Regional Transportation Commission (RTC), concerning contracting with other providers for service outside their service area. SENATOR WASHINGTON MOVED TO INTRODUCE THE BDR. SENATOR JACOBSEN SECONDED THE MOTION. THE MOTION CARRIED. (SENATORS NEAL AND SHAFFER WERE ABSENT FOR THE VOTE.) * * * * * Senator O'Donnell adjourned the meeting at 2:45 p.m. RESPECTFULLY SUBMITTED: Diane C. Rea, Committee Secretary APPROVED BY: Senator William R. O'Donnell, Chairman DATE: Senate Committee on Transportation June 10, 1995 Page