MINUTES OF THE
	SENATE COMMITTEE ON TRANSPORTATION

	Sixty-eighth Session
	June 15, 1995


The Senate Committee on Transportation was called to order by 
Chairman William R. O'Donnell, at 3:06 p.m., on Thursday, June 
15, 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:

Assemblywoman Deanna Braunlin, Assembly District No. 4

STAFF MEMBERS PRESENT:

Don O. Williams, Chief Principal Research Analyst
Diane Rea, Committee Secretary

OTHERS PRESENT:

Bruce Glover, Chief, Drivers' License Division, Department of 
Motor Vehicles and 	Public Safety (DMV&PS)
Ben Graham, Lobbyist, Nevada District Attorneys Association
Roger Whomes, Deputy District Attorney, Criminal Division, 
Washoe County 	District Attorney's Office 
Laurie Buck, Counsel, Department of Motor Vehicles and Public 
Safety (DMV&PS)

Major Daniel Hammack, Commander, Field Operations Bureau, Nevada 
Highway 	Patrol Division (NHP), Department of Motor Vehicles 
and Public Safety 	(DMV&PS)
Chad Dornsife, Lobbyist, National Motorist Association (NMA)
Judy Jacoboni, Lobbyist, Mothers Against Drunk Driving (MADD)
Daryl Capurro, Lobbyist, Nevada Franchised Auto Dealers 
Association (NFADA)
Randall Walker, Clark County Aviation, Las Vegas McCarran 
International Airport
Bob Broadbent, Director of Aviation, Las Vegas McCarran 
International Airport
Donna Wadey-Howell, Acting Chief, Registration Division, 
Department of Motor 	Vehicles and Public Safety (DMV&PS)

Senator O'Donnell opened the hearing on Senate Bill (S.B.) 322.

SENATE BILL 322:	Revises requirements for maintaining proof 
of financial responsibility after 
reinstatement or restoration of driver's 
license, permit or registration.  (BDR 43-
1468)


Don O. Williams, Chief Principal Research Analyst, explained the 
changes in the amendment to S.B. 322, Amendment No. 891 (Exhibit 
C).  This change is to the reference of a designated agent for 
the department.

Senator O'Donnell stated that the old names are being changed to 
the new names for clarity.

SENATOR WASHINGTON MOVED TO AMEND WITH AMENDMENT NO. 891, 
AND DO PASS S.B. 322.

SENATOR JACOBSEN SECONDED THE MOTION.

THE MOTION CARRIED.  (SENATORS PORTER, NEAL AND SHAFFER 
WERE ABSENT FOR THE VOTE.)

	* * * * *

Senator O'Donnell said the committee needs to indefinitely 
postpone S.B. 64 because it is incorporated into S.B. 322.


SENATE BILL 64:		Revises provisions relating to 
reinstatement of certain drivers' licenses 
which have been revoked or suspended.  (BDR 
43-572)

Bruce Glover, Chief, Drivers' License Division, Department of 
Motor Vehicles and Public Safety (DMV&PS), testified the 
department had brought this bill to the Legislature. 

SENATOR JACOBSEN MOVED TO INDEFINITELY POSTPONE S.B. 64.

SENATOR LEE SECONDED THE MOTION.

THE MOTION CARRIED.  (SENATORS PORTER, NEAL AND SHAFFER 
WERE ABSENT FOR THE VOTE.)

	* * * * *

Senator O'Donnell opened the hearing on A.B. 258.


ASSEMBLY BILL 258:	Requires department of motor vehicles and 
public safety to issue special license 
plates to retired military persons for 
support of veterans' cemeteries in Nevada. 
 (BDR 43-1060)

There was no testimony for or against this bill.

Senator O'Donnell closed the hearing on A.B. 258.

Senator O'Donnell opened the hearing on A.B. 336.

ASSEMBLY BILL 336:	Expands and clarifies authority of 
municipality to acquire property for 
municipal airport.  (BDR 44-529)

Senator O'Donnell said he will hold the hearing on this bill to 
allow the concerned parties time to come back to the meeting 
room.

Senator O'Donnell opened the hearing on A.B. 530.

ASSEMBLY BILL 530:	Revises provisions regarding renewal of 
drivers' licenses. (BDR 43-1146)


Assemblywoman Deanna Braunlin, Assembly District No. 4, 
testified that while campaigning, the most frequently asked 
question was, "What can we do to shorten the lines at the 
DMV&PS?"

Mr. Glover said the department strongly supports A.B. 530.  The 
department estimates 60 percent of the people will utilize the 
mail-in program.  He provided the committee members with a 
packet containing items pertaining to the renewal-by-mail 
program.  The packet contained a manila envelope (Exhibit D), 
and a Mail-In Voter Registration Application (Exhibit E).  Mr. 
Glover estimates 121,746 less people will be visiting the DMV&PS 
offices.  He included the Renewal-By-Mail Information packet 
(Exhibit F), the Class D Driver's License Renewal Sticker 
(Exhibit G) and the fiscal note for the bill (Exhibit H).  Mr. 
Glover explained the purpose of the forms.

Senator O'Donnell asked if the DMV&PS has the staff to perform 
this function?

Mr. Glover stated DMV&PS believes this can be absorbed in 
headquarters.  He estimates it will take a staff of three people 
and they are on board now.

Senator Jacobsen asked if an "X" will be sufficient for those 
people who do not write.

Mr. Glover stated that DMV&PS does accept an "X."  It will have 
to be notarized.

Senator O'Donnell closed the hearing on A.B. 530.

Senator O'Donnell opened the hearing on A.B. 643.

ASSEMBLY BILL 643:	Revises provisions governing testing of 
driver for presence of alcohol or controlled 
substance in his blood or breath.  (BDR 43-
1811)

Ben Graham, Lobbyist, Nevada District Attorneys Association, 
testified the law in Nevada says it is illegal to drive under 
the influence (DUI) of alcohol.  He explained the purpose of the 
bill.  This statute will equalize a DUI second offense or DUI 
with substantial bodily harm offense, and remove the right of 
refusal on a DUI first offense.  He said on page 3 line 14 of 
the current bill the word "may" is taken out and is replaced by 
"shall."  He requested that  "may" be left in.


Roger Whomes, Deputy District Attorney, Criminal Division, 
Washoe County District Attorney's Office, said Mr. Gammick, the 
Washoe County District Attorney, brought this bill to the 
Legislature to allow for the drawing of blood.  This is aimed at 
the first time offender.

Senator O'Donnell said the bill will not change the law on a 
probable cause to arrest, or the probable cause to ask for a 
breath test.  He said what is being changed is in the felony 
area of a DUI first-time offense.  A blood test may be required 
even though the driver may not want to give it.

Mr. Whomes said not exactly.  The law now reads, in a felony 
area, if you have a second DUI within 7 years, you can take a 
blood test.  What this bill will aim at is the first-time 
offender who has no felony DUI.  He said that person will have 
to submit to a test even if he refuses.  They would still be 
given the option of a breath or blood test, but they will no 
longer have the ability to refuse to take a test, as long as the 
officer has probable cause for the arrest.  

Mr. Whomes stated that a person with a .09 Blood Alcohol Count 
(BAC) can be kept under arrest.  In Washoe County there is a 
DWAI (Driving While Alcoholic Impaired) ordinance which is 
between .05 BAC and .09 BAC.  


Senator Jacobsen expressed concern for the ambulance driver who 
takes a blood test at the scene of an accident, and does not 
have any idea where the sample goes once it is turned over to 
the police officer.  He said he had hopes the responsibilities 
of taking a sample will be spelled out better.

Laurie Buck, Counsel, Department of Motor Vehicles and Public 
Safety (DMV&PS), testified in support of this bill.  She said it 
removes the taking of a person's license who does not consent to 
the testing.

Senator Jacobsen asked if an officer has the right to take a 
person's license at the scene of a drunk driving arrest or 
accident.

Ms. Buck responded that the bill says unless there is a breath 
test result of .10 BAC or greater, the officer cannot take a 
person's license.

Major Daniel Hammack, Commander, Field Operations Bureau, Nevada 
Highway Patrol Division (NHP), Department of Motor Vehicles and 
Public Safety (DMV&PS), stated the division supports A.B. 643. 
 He gave an explanation of why and urged the committee's 
support.


Chad Dornsife, Lobbyist, National Motorist Association (NMA), 
stated his objection to the bill is because it changes "implied 
consent" to "whatever forcible duress is required" to draw blood 
or whatever the officer desires to do.

Senator O'Donnell asked if the district attorney will have a 
problem with changing the law to "cause to include the suspect 
of DUI" instead of just "suspect of" anything?

Mr. Whomes replied that the protection is built into the law for 
that.  An officer must have probable cause before they can stop 
someone.

Mr. Dornsife stated people will refuse to take a test for 
political reasons.  He said he thinks for a person to be 
forcibly held down for a blood test is excessive.

Judy Jacoboni, Lobbyist, Mothers Against Drunk Driving (MADD), 
said the Lyon County chapter of MADD supports this bill.  Eight 
other states have forced chemical testing for misdemeanor first 
DUI offense in statute.  She stated DUI is the most frequent 
offense in the United States.

Senator O'Donnell asked Ms. Jacoboni and Mr. Dornsife to work 
out their differences on this bill.


Senator O'Donnell closed the hearing on A.B. 643.

Senator O'Donnell opened the hearing on A.B. 205.

ASSEMBLY BILL 205:		Revises provisions regarding sale, 
lease and registration of motor 
vehicles.  (BDR 43-113)

Senator Porter stated that A.B. 447 is being heard on the 
Assembly side right now and it affects this bill.

ASSEMBLY BILL 447:	Makes various changes to provisions 
governing sale of motor vehicles.  (BDR 43-
16)

Senator O'Donnell stated A.B. 447 is the licensure of auto 
brokers and A.B. 205 is 180 degrees different from this bill.

SENATOR JACOBSEN MOVED TO DO PASS A.B. 205.

SENATOR LEE SECONDED THE MOTION.


Senator Porter stated page 2 line 8 refers to a new car 
definition, having 2500 miles or less on the odometer. He said 
he is to assume that if a customer returns a vehicle with 2500 
miles or less to the dealer, that customer will receive a full 
refund.

Senator O'Donnell responded that the law says provided the 
vehicle has not been registered.

Senator Porter said one-half of the statute says that a vehicle 
is still a new car if the mileage is less than 2500 miles.  He 
said his question is, why is there a need to add 2500 miles if 
the law says a new vehicle is no longer new once it is 
registered?  And can a consumer return that car before being 
registered, for a full refund, if it is not damaged?

Daryl Capurro, Lobbyist, Nevada Franchised Auto Dealers 
Association (NFADA), stated this bill changes the law to say the 
vehicle can go up to 2500 miles and still be considered a new 
car.  That 2500 miles needs to be in there because it determines 
the difference in a new vehicle and a used vehicle; registered 
or not.  


Mr. Capurro said if a person registers a vehicle and drives it 
for 2500 miles, then wants to return it, there is no guarantee 
that they are going to ... they have put 2500 miles on the 
vehicle.  Whether or not the person will have a full refund will 
be a negotiatory process between them and the dealer they 
brought it from.

Senator O'Donnell verified that it is considered a new car until 
it is registered or has more than 2500-miles.

Mr. Capurro said even though it is registered, it is considered 
a new vehicle until it has over 2500 miles on it.  Of the eight 
states who have a mileage allowance, Nevada is the lowest.

Senator Porter said he is uncomfortable with not having a 
definite explanation of the 2500 mile clause.

THE MOTION CARRIED.  (SENATORS WASHINGTON AND NEAL WERE 
ABSENT FOR THE VOTE.  SENATOR LEE AND PORTER VOTED NO.)

	* * * * *

Senator O'Donnell opened the hearing on A.B. 461.

ASSEMBLY BILL 461:	Makes various changes concerning county and 
municipal airports.  (BDR 44-360)

Randall Walker, Clark County Aviation, Las Vegas McCarran 
International Airport, said A.B. 461 does two things.  First, it 
changes the advertising requirement for entering into leases. 
 Secondly, it changes chapter 496 of the Nevada Revised Statutes 
(NRS) to allow airport employees to gather information on 
airport property for airport projects.

Mr. Walker stated that the bill also changes the period of time 
for entering into leasing of property from 40 years to 50 years.

Senator O'Donnell closed the hearing on A.B. 461.

Senator O'Donnell reopened the hearing on A.B. 336.

Bob Broadbent, Director of Aviation, Las Vegas McCarran 
International Airport, said the airport is authorized by law to 
purchase or condemn property that is needed for future 
development of the airport, or if it is in high noise areas.


Mr. Broadbent said this bill will give the aviation authorities 
the ability to sell, rent, or move the home.

Senator Lee asked if it is possible these houses can accommodate 
low-income families?

Mr. Broadbent said they are working with the Clark County 
Housing Authority on the acquisition of some of these homes.  
They will be moved to a new area.  He said a mobile home park 
has to be moved and the housing authority is assisting with that 
also.

Senator O'Donnell closed the hearing on A.B. 336.

Senator O'Donnell opened the hearing on A.B. 258.

ASSEMBLY BILL 258:		Requires department of motor vehicles 
and public safety to issue special 
license plates to retired military 
persons for support of Veterans' 
cemeteries in Nevada.  (BDR 43-1060)


Donna Wadey-Howell, Acting Chief, Registration Division, 
Department of Motor Vehicles and Public Safety (DMV&PS), 
explained this bill will allow for another set of license plates 
for persons retired from the armed forces.  The money from the 
plates will go to support the Veterans' cemeteries in Nevada. 
 She said the cost of the sheeting is approximately $3400 per 
roll, and the DMV&PS will need five rolls to cover this bill. 
 The cost will be $17,000.  She said based on the  sales from 
the previous Veterans' plates, she does not think the DMV&PS 
will make that money back.

Ms. Howell stated that a lot of the other states who are dealing 
with special license plates are putting in a minimum quantity 
clause.  The bill calls for a minimum of 250 plates to be 
ordered before production.

Senator Washington asked if all the other license plate bills 
heard this session can be amended to say 250 ordered before 
production?

Ms. Howell said she had spoken with the sponsors of the bills 
and they have told here they do not have a problem with putting 
in the 250 quantity.

Senator O'Donnell closed the hearing on A.B. 258.

Senator O'Donnell called for a motion on A.B. 530 to do pass and 
re-refer to the Senate Committee on Finance, because it has a 
$30,000 fiscal note.

SENATOR LEE MOVED TO DO PASS AND RE-REFER A.B. 530 TO THE 
SENATE COMMITTEE ON FINANCE.

SENATOR WASHINGTON SECONDED THE MOTION.

THE MOTION CARRIED.  (SENATORS JACOBSEN, PORTER AND NEAL 
WERE ABSENT FOR THE VOTE.)

	* * * * *

Mr. Dornsife said the only thing he objected to on A.B. 643 is 
a person being forced into having blood taken.  If a 
breathalyser is available the person should be given that 
choice.

Senator O'Donnell adjourned the meeting at 4:48 p.m.


RESPECTFULLY SUBMITTED:



	
Diane C. Rea,
Committee Secretary

APPROVED BY:





Senator William R. O'Donnell, Chairman


DATE: 	

Senate Committee on Transportation
June 15, 1995
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