MINUTES OF THE SENATE COMMITTEE ON TRANSPORTATION Sixty-eighth Session June 22, 1995 The Senate Committee on Transportation was called to order by Chairman William R. O'Donnell, at 2:48 p.m., on Thursday, June 22, 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 Joseph M. Neal, Jr. Senator Raymond C. Shaffer Senator O. C. Lee STAFF MEMBERS PRESENT: Don O. Williams, Chief Principal Research Analyst Diane Rea, Committee Secretary OTHERS PRESENT: Christopher Figgins, Deputy District Attorney, Clark County Urban Livengood, Deputy Director, Public Works, Clark County Maddie Shipman, Assistant District Attorney, Washoe County District Attorney's Office John Whitaker, Statewide Roadway Systems, Planning and Program Development, Nevada Department of Transportation (NDOT) Mike Lawson, Traffic Studies, Planning and Program Development, Nevada Department of Transportation (NDOT) Lieutenant William Cavagnaro, Lobbyist, Las Vegas Metropolitan Police Department (METRO) Lieutenant Phillip Galeoto, South Division, Reno Police Department Tom Grady, Lobbyist, Nevada League of Cities Raymond Sparks, Deputy Director, Department of Motor Vehicles and Public Safety (DMV&PS) Daryl Capurro, Lobbyist, Nevada Motor Transport Association, Inc. (NMTA) Senator O'Donnell opened the hearing on Assembly Bill (A.B.) 669. ASSEMBLY BILL 669: Revises provisions relating to county roads, highways and bridges. (BDR 35-2038) Christopher Figgins, Deputy District Attorney, Clark County, testified in support of A.B. 669 (Exhibit C). Urban Livengood, Deputy Director, Public Works, Clark County, testified in support of A.B. 669 (Exhibit D). Maddie Shipman, Assistant District Attorney, Washoe County District Attorney's Office, testified every aspect is covered by the law. There is no need for a road supervisor. Senator O'Donnell closed the hearing on A.B. 669. Senator O'Donnell opened the hearing on Senate Concurrent Resolution (S.C.R.) 60. SENATE CONCURRENT RESOLUTION 60: Requires studies concerning commercial traffic over Hoover Dam. (BDR R-2140) Senator Porter explained the reason for the resolution. He said Senate Joint Resolution (S.J.R.) 26 is directed at Congress for the same purpose. SENATE JOINT RESOLUTION 26: Urges Congress to take all necessary actions to alleviate problems caused by heavy commercial traffic over Hoover Dam and through Boulder City. (BDR R-2133) Senator O'Donnell said Boulder City is one step ahead of the rest of the state by asking for these resolutions. John Whitaker, Statewide Roadway Systems, Planning and Program Development, Nevada Department of Transportation (NDOT), and Mike Lawson, Traffic Studies, Planning and Program Development, Nevada Department of Transportation (NDOT), stated they had come to the committee to endorse this resolution. Senator Jacobsen said he had hoped that the resolutions would be stronger and asked if they could be amended to have the study report to the committee by next session and provide reports on the amount of traffic over the dam. Senator O'Donnell said I-40 from the Laughlin, Nevada cut-off down to Needles, California and across to Kingman, Arizona. Mr. Lawson said that is on U.S. 95. Senator Neal asked about the highway to Bullhead City? Senator O'Donnell replied the problem is the steep grade there. Mr. Whitaker said that roadway was built for a structural section to support the vehicle mix that presently uses it. It was not built to support commercial vehicles. Senator Neal asked if the Willow Beach area is a problem because of the Indian burial grounds? Mr. Lawson replied there are Indian grounds plus the wildlife. It is the least likely of the alternatives being looked at. Senator Jacobsen expressed his concern for the trucks coming into the Las Vegas area, because that is a trucking center for the state. Senator Porter said the people of Boulder City and NDOT are very receptive to the idea of an alternate route. Senator O'Donnell said the committee is discussing both S.C.R 60 and S.J.R. 26 so the meeting needs to be opened on both resolutions. Senator Neal asked if any study has been done in the Cottonwood Cove area as an alternative? Mr. Lawson stated that area has been eliminated due to the cost prospective. Senator O'Donnell said the problem with that area is the 700 foot drop there. Senator O'Donnell closed the hearing on S.C.R. 60 and S.J.R. 26. Senator O'Donnell opened the hearing on Assembly Bill (A.B.) 600. ASSEMBLY BILL 600: Authorizes private enforcement of laws relating to parking for handicapped persons. (BDR 43-1170) Lieutenant William Cavagnaro, Lobbyist, Las Vegas Metropolitan Police Department (METRO), said the bill allows individual or private citizens to enlist with the police department and after receiving some training, to cite and to enforce traffic laws. The primary reason for private enforcement is for the handicapped parking spaces. He said the department is in support of the bill. He questioned the language being added into line 18, "For the purposes of this section, a person who volunteers to a local law enforcement agency to issue citations pursuant to subsection 1 shall be deemed an employee of a political subdivision of the state." He said this is for the SIIS coverage while the person is in the voluntary status. He said he though the original language said "while employed in the voluntary capacity." He said he does not think that is the original intent. Lieutenant Phillip Galeoto, South Division, Reno Police Department, testified in support of this bill. He said this is currently being done in the City of Reno. There is probably a need to insure "while performing these duties" to stipulate that they are only covered during that period of time, because they are volunteers. Lt. Cavagnaro stated people tend to ignore the signs for handicapped parking and this is a big problem in Las Vegas. Lt. Galeoto stated it is also a problem in Reno. He said the raised signs are more noticeable and have the fines on them. Senator Jacobsen asked if there are allotments for allowance of handicapped spots, and who writes the tickets for those people who park in those spots illegally? Mr. Galeoto stated that the handicapped parking spots are controlled by zoning and city planning law. He said parking tickets are very low on police officers' priorities. There are parking enforcement people. Senator O'Donnell closed the hearing on A.B. 600. Senator O'Donnell opened the hearing on A.B. 334. ASSEMBLY BILL 334: Clarifies authority of public service commission of Nevada to revoke or suspend certificate of public convenience and necessity of common motor carrier for failure to comply with certain laws or regulations. (BDR 58-893) SENATOR JACOBSEN MOVED TO DO PASS A.B. 334. SENATOR WASHINGTON SECONDED THE MOTION. Senator Neal asked to amend the motion to place the bill on the consent calendar. SENATOR NEAL MOVED TO AMEND THE MOTION TO PLACE THE BILL ON THE CONSENT CALENDAR. SENATOR SHAFFER SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. * * * * * Senator O'Donnell asked for a vote on the motion to do pass. THE MOTION CARRIED UNANIMOUSLY. * * * * * Senator O'Donnell opened the hearing on 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) Senator O'Donnell explained there are some amendments. Tom Grady, Lobbyist, Nevada League of Cities, testified there was an amendment because of concern over funding. It is his understanding that everything has been worked out and the amendment will be available very soon. Senator O'Donnell said the bill was being amended to only deal with parking tickets. Mr. Grady noted there will be additional expenses to implement the bill. SENATOR PORTER MOVED TO AMEND AND DO PASS S.B. 441. SENATOR WASHINGTON SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. * * * * * Senator O'Donnell opened the hearing on A.B. 641. ASSEMBLY BILL 641: Revises provisions governing regulation of taxicabs in cities. (BDR 21-1858) Mr. Grady stated the City of Elko had asked him to review the difference in the first bill and the first reprint of the bill. He said all concerned parties agreed to the first reprint of the bill. He provided a memo addressed to Assemblyman John Carpenter (Exhibit E). SENATOR JACOBSEN MOVED TO DO PASS A.B. 641. SENATOR WASHINGTON SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. * * * * * Senator O'Donnell opened the hearing on A.B. 704. ASSEMBLY BILL 704: Revises provisions governing authority of drivers' education and safety officer and destruction of additional fee for drivers' licenses. (BDR 43-2118) SENATOR JACOBSEN MOVED TO DO PASS A.B. 704 SENATOR LEE SECONDED THE MOTION. Senator Neal suggested this bill be put on the consent calendar. SENATOR NEAL AMENDED THE MOTION TO PUT THE BILL ON THE CONSENT CALENDAR. SENATOR SHAFFER SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. * * * * * Senator O'Donnell asked for a vote on the motion to do pass A.B. 704. THE MOTION CARRIED UNANIMOUSLY. * * * * * Senator O'Donnell said there is an amendment to S.B. 467, Amendment No. 1121 (Exhibit F). SENATOR JACOBSEN MOVED TO INDEFINITELY POSTPONE S.B. 467. SENATOR NEAL SECONDED THE MOTION. Don O. Williams, Chief Principal Research Analyst, reminded the committee that their earlier motion to amend and do pass the bill will have to be rescinded. This amendment will amend the bill back to the original form. The amendment from the committee is a good amendment. SENATOR JACOBSEN MOVED FOR NO FURTHER CONSIDERATION OF AMENDMENT NO 1121 TO S.B. 467. SENATOR NEAL AND SENATOR LEE SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. * * * * * Senator O'Donnell said increasing the fines is not appropriate. SENATOR NEAL MOVED TO PLACE S.C.R. 60 ON THE CONSENT CALENDAR. Senator O'Donnell said he thought S.C.R. 60 should not be put on the consent calendar, but S.J.R. 26 should be on the consent calendar. Senator Neal withdrew his motion. SENATOR NEAL MOVED TO PLACE S.J.R. 26 ON THE CONSENT CALENDAR. SENATOR SHAFFER SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. * * * * * SENATOR NEAL MOVED TO DO PASS S.C.R. 60. SENATOR LEE SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. * * * * * SENATOR NEAL MOVED TO AMEND AND DO PASS A.B. 669 AND PLACE IT ON THE CONSENT CALENDAR. SENATOR JACOBSEN SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR PORTER WAS ABSENT FOR THE VOTE.) * * * * * Senator O'Donnell called for a motion on A.B. 600. SENATOR SHAFFER MOVED TO AMEND AND DO PASS A.B. 600. SENATOR JACOBSEN SECONDED THE MOTION. Senator Lee said he does not believe in allowing volunteers to enforce statutes in the State of Nevada. Nevada has unemployment, is trying to do welfare reform, and will be letting volunteers do work with this bill. THE MOTION FAILED. (SENATORS LEE, WASHINGTON, O'DONNELL, NEAL AND SHAFFER VOTED NO. SENATOR PORTER WAS ABSENT FOR THE VOTE.) * * * * * Senator O'Donnell said S.B. 322 deals with the Department of Motor Vehicles and Public Safety's insurance verification program. He said he has received two phone calls from people saying they have never received the notices, but they are now being fined the $50. Raymond Sparks, Deputy Director, Department of Motor Vehicles and Public Safety (DMV&PS), said before the registration is suspended, a certified notice is sent to the person. The fine does not apply until after a person has received their suspension. If there is justifiable reason for failing to respond to DMV&PS's request to verify insurance, the $50 fine will be rescinded. Senator O'Donnell questioned S.B. 377. The out-of-state credit has suddenly come up with an amendment that was not requested by the committee. Daryl Capurro, Lobbyist, Nevada Motor Transport Association, Inc., asked for the committee to consider A.B. 415. ASSEMBLY BILL 415: Revises provisions relating to imposition and collection of tax on special fuel. (BDR 32-368) Senator O'Donnell said the 5-point plan created a $6 million hole in the Highway Fund to put money into the DMV&PS budget. He said that hole needs to be filled. He said if the bill does not pass the floor, he will be back the next day to delete the 5-point plan. He is not going to put a $6 million hole in the Highway Fund. Senator O'Donnell adjourned the meeting at 4:10 p.m. RESPECTFULLY SUBMITTED: Diane C. Rea, Committee Secretary APPROVED BY: Senator William R. O'Donnell, Chairman DATE: Senate Committee on Transportation June 22, 1995 Page