MINUTES OF THE SENATE COMMITTEE ON TRANSPORTATION Sixty-eighth Session June 24, 1995 The Senate Committee on Transportation was called to order by Vice Chairman Maurice Washington, at 1:44 p.m., on Saturday, June 24, 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: Larry Stout, Assistant Chief, Registration Division, Department of Motor Vehicles and Public Safety (DMV&PS) Raymond Sparks, Deputy Director, Department of Motor Vehicles and Public Safety (DMV&PS) Dick Reavis, Deputy Administrator, Air, Mining and Water Programs, Division of Environmental Protection Daryl Capurro, Lobbyist, Nevada Franchised Auto Dealers Association (NFADA) Charles Knaus, Representative, Division of Insurance, Insurance Commissioner's Office James Jackson, Chairman, Automotive Affairs Board, Nevada Auto Body Association Brent Holman, President, Nevada Auto Body Association Gregory Harwell, Lobbyist, California State Automobile Association (CSAA) Nancy Saitta, Child Advocate, Office of the Attorney General Joe Neal. Self Senator Washington opened the hearing on Senate Bill (S.B.) 570. SENATE BILL 570: Provides for rescission and cancellation of registration of motor vehicle for failure to comply with certain requirements concerning emissions. (BDR 43-899) Larry Stout, Assistant Chief, Registration Division, Department of Motor Vehicles and Public Safety (DMV&PS), explained that the bill does two things. It allows for an infrared beam to measure the emissions coming from a tail pipe of a vehicle and a camera to record the license plate of a vehicle that exceeds the legal emissions. It also allows the same sanction against the mechanical repair citations. Senator Lee asked about the need for a smog check when a person renews their license plate registration. Mr. Stout replied that this infrared beam is an additional means for detecting emissions at random that need to be checked. Vehicles are smog tested once a year. Many vehicles will not go a full year and still pass the smog test. He said the remote sensing will allow DMV&PS to detect the vehicles that were not checked. For $50 a person can buy a smog certificate even though the vehicle does not pass the test. Senator Neal questioned the workings of the instrument that measures the emission. Raymond Sparks, Deputy Director, Department of Motor Vehicles and Public Safety (DMV&PS), stated this technology is like the preliminary breath testing devices that law enforcement officers use, where the sensitivity is enough to indicate that a person should take a regular chemical test to determine their blood alcohol content (BAC). It is not sensitive enough to actually provide evidentiary value. He said the remote smog sensing device will serve the same function. It would indicate that there is a potential problem, then the motorist is referred to an emission inspection station for a more accurate test. Senator Neal replied when the breath test is given, there is a known test quantity. He asked, how widespread is the use of the emission detection for the infrared beam. Mr. Stout replied the instrument and technology have been used extensively in California. It has been used for credit from the federal government for the state implementation plan for air quality. Senator Neal asked for a demonstration of the machine. Mr. Sparks said if the committee is interested in the scientific explanation for the way the device operates, neither he nor Mr. Stout can explain that. Senator Neal questioned the readings of the machines. Mr. Sparks said it is the objective of the remote sensing device to identify grossly polluting vehicles. They are looking for the vehicle emitting excessive pollution. A scientist can be brought to the committee to explain how the infrared instrument works. Senator Neal interrupted to say he thought that will be appropriate. Mr. Sparks reminded the committee that if DMV&PS is not able to implement this technology, they may not be able to comply with the Environmental Protection Agency (EPA) guidelines. If not, DMV&PS may have to go back to some of the more objective measures, such as more frequent testing of the new cars, or the more sophisticated testing equipment that everybody complained about. Senator Jacobsen asked if this machinery will detect emissions that are not visible? Mr. Stout replied carbon monoxide is not normally visible to the eye. Senator Washington asked about rescinding or canceling registration for vehicles that have the emissions' problems. Mr. Sparks said that is what DMV&PS does now in a different manner. If a vehicle is based in either Washoe or Clark County, as a condition of registration renewal the owner has to pass an emission inspection. If they do not have that certificate, DMV&PS does not renew their vehicle. He said he understood the concern of insuring the public is not unnecessarily inconvenienced or set upon by a mistake in a reading or a mistake in identification. DMV&PS is trying to identify those cars that are the worst polluters and deal with them rather than approach the entire fleet based in Clark County or Washoe County. Dick Reavis, Deputy Administrator, Air, Mining and Water Program, Division of Environmental Protection, testified in support of the bill for attainment of carbon monoxide attainment in Clark County. This bill will assist that. Senator Washington asked to have the demonstration during the Tuesday committee meeting. Daryl Capurro, Lobbyist, Nevada Franchised Auto Dealers Association (NFADA), said statistics show that a very small percentage of the vehicles on the highway produce 50 to 60 percent of the pollution, which is what this instrumentation is designed to detect. He is in support of this bill. Senator Washington closed the hearing on S.B. 570. Senator O'Donnell opened the hearing on Assembly Bill (A.B.) 558. ASSEMBLY BILL 558: Abolishes advisory board on automotive affairs. (BDR 43-1945) Charles Knaus, Representative, Division of Insurance, Insurance Commissioner's Office, said they had submitted two amendments to the bill. As initially proposed, the bill abolishes a committee that the insurance commissioner believes has work to complete. The amendments were turned into the Assembly committee. Upon review of the first reprint of A.B. 558, Mr. Knaus said the amendments are included and the division is in support of the bill as amended. He said the bill allows the advisory board to remain operative until July, 1997. The board was formed to protect the interest of the consumer when dealing with auto body shops. James Jackson, Chairman, Automotive Affairs Board, Nevada Auto Body Association, stated the board was created because of disputes between insurance companies and body shops. Brent Holman, President, Nevada Auto Body Association, testified in favor of the board. He said it is a good format and should not be abolished, not even in 1997. Mr. Sparks said to clarify the issue of the financing, the board is funded from a special account that receives revenue from the license fees paid by body shops, auto wreckers and salvage pools. The only expense of the board is for the members to attend meetings. The cost is about $1,000 a year, and it is in the budget. Gregory Harwell, Lobbyist, California State Automobile Association (CSAA), testified because the Assembly Committee on Transportation had heard a bill early in the session requesting additional members for the board. They had indefinitely postponed the bill and as a result of the testimony, the committee had asked for a bill to abolish the board. He said he is in support of the bill in its present form. Senator O'Donnell closed the hearing on A.B. 558. Senator O'Donnell opened the work session on the special license plates. He asked Mr. Sparks about the cost of the sheeting for the special plates and how much DMV&PS had made off those plates? Mr. Sparks responded there have not been a great number of the university plates sold. The $17,000 cost figure is accurate for both universities. Part of the cost of those plates goes back to the universities and part of it goes into the Highway Fund. Senator O'Donnell asked how much goes back to the Highway Fund? Mr. Sparks said the plates cost $60 initially. Of that, $35 goes to the Highway Fund and $25 to the universities. Senator O'Donnell asked if the 250 plate threshold is reasonable? Mr. Sparks responded 250 sets would be more than adequate for the department's needs. He said that will insure a substantial interest in the plates. Senator O'Donnell said DMV&PS will not be buying sheeting they will never use. The idea is not to spend the money to get the plates that will never be sold. Mr. Sparks said these special plates serve to enhance the collection of revenues. The committee needs to understand that Nevada has two different ways of making the special plates. One is simply the use of a die to emboss. The other is where the design is actually printed into the sheeting that is affixed to the aluminum; that is the expensive process. Nancy Saitta, Child Advocate, Office of the Attorney General, testified California has established a minimum number of plates and that has worked out well for them. Senator Porter asked why Nevada could not make a universal plate with an area for an annual sticker? Mr. Sparks said there are two states who are experimenting with that type of procedure. The left-hand side of the plate is blank and decals are applied with the appropriate symbol or seal. Those states are having problems with the decal peeling off. If that problem can be resolved, that will be an excellent way of handling these types of special plates in a very economical manner. Senator Jacobsen said that a universal plate should be developed and different organizations provide their own decals. He suggested this could be a fund raiser for the organization. Mr. Sparks said there needs to be a way for law enforcement officers to be able to identify these plates for the purpose of a registration check. Senator Porter responded that the plates will have different numbers. Mr. Sparks said the numbers could not be duplicated. Usually the groups that sponsor special plates like the low numbers. Senator Porter suggested that DMV&PS print up 1,000 or 2,000 of the plates and the people just get the next number. Senator O'Donnell opened the hearing on 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) Senator O'Donnell called for a motion to amend and do pass with a 250 plate threshold amendment. SENATOR SHAFFER MOVED TO AMEND, WITH A 250 PLATE THRESHOLD, AND DO PASS A.B. 118. SENATOR WASHINGTON SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. * * * * * 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) Senator O'Donnell called for a motion to amend and do pass with the 250 plate threshold. SENATOR WASHINGTON MOVED TO AMEND, WITH THE 250 PLATE THRESHOLD, AND DO PASS A.B. 153. SENATOR SHAFFER SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. * * * * * 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) Senator O'Donnell called a motion to do pass with amendment of 250 plate threshold. SENATOR WASHINGTON MOVED TO AMEND, WITH THE 250 PLATE THRESHOLD, AND DO PASS A.B. 258. SENATOR LEE SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. * * * * * 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) Senator O'Donnell called for a motion to amend with the 250 plate threshold and do pass. SENATOR SHAFFER MOVED TO AMEND, WITH THE 250 PLATE THRESHOLD, AND DO PASS A.B. 452. SENATOR JACOBSEN SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. * * * * * Mr. Sparks asked for clarification. He said there is going to be an expense to the department to manufacture the license plates which is not budgeted. He asked if the fee that will be charged will go directly back into the department for the sheeting? Senator O'Donnell explained that the sheeting will not be ordered until there are 250 orders for the plates. Mr. Sparks said the fees are currently deposited directly into the Highway Fund. Senator O'Donnell said they will not be producing any fees until they get to a count of 250 orders. Mr. Sparks asked when the fees are collected will they be deposited into the Highway Fund? He said the department's budget does not currently contain an appropriation to purchase the material that they will need to make these plates. Senator O'Donnell questioned why DMV&PS does not enough have money to handle these plates. Mr. Sparks said the department can use money that is budgeted to buy the normal sheeting, but it will need to replaced. Senator O'Donnell asked if the cost to produce the special plates will be ongoing? Mr. Sparks replied it will be a onetime cost to build the inventory needed. He said sheeting for a couple of these special plate orders can come out of the existing budget. He stated there is a problem with four different plate bills now, plus one previous plate bill that has passed. Senator O'Donnell asked how long it will take to get 250 applications for each of these special plates? Mr. Sparks replied he does not know the level of interest on some of these. Senator O'Donnell asked if the bill for these special plates can be brought back in 2 years? He said if there is a lot of interest, the issue can be taken to an Interim Finance Committee (IFC). Mr. Sparks said if the department has the ability to come to the Interim Finance Committee and request the money; that will work. Senator O'Donnell called for a motion to allow the DMV&PS to appear before the IFC if any one of these four bills become an issue where they need to order the sheeting. SENATOR SHAFFER MOVED TO ALLOW THE DMV&PS TO APPEAR BEFORE THE IFC IF ANY OF THE FOUR BILLS NEED ADDITIONAL FINANCING. SENATOR JACOBSEN SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. * * * * * Senator O'Donnell opened the hearing on A.B. 352. ASSEMBLY BILL 352: Authorizes establishment of program for issuance of certificates of registration for new vehicles sold by new vehicle dealer. (BDR 43-1147) Senator O'Donnell said there is a conflict Amendment No. 1247 (Exhibit C) and explained it is a technical amendment to change some language. SENATOR NEAL MOVED TO AMEND, WITH AMENDMENT NO. 1247, AND DO PASS A.B. 352. SENATOR WASHINGTON SECONDED THE MOTION. Senator Jacobsen said that a one-stop shop is probably the best, but he wants to see DMV&PS be responsible for registering vehicles. Senator O'Donnell said the dealer has the option of performing this service. Senator Neal reminded the committee this was originally his bill. Senator Washington said this is a promotional device for those who want to provide the service. THE MOTION CARRIED. (SENATOR JACOBSEN VOTED NO.) * * * * * Senator O'Donnell said S.B. 377 has come back to the committee with an amendment from the Assembly (Exhibit D). He said he does not want to concur with the amendment. SENATE BILL 377: Revises provisions relating to licensing and registration of certain vehicles. (BDR 43- 567) SENATOR SHAFFER MOVED TO NOT CONCUR WITH THE ASSEMBLY AMENDMENT NO. 894 TO A.B. 377. SENATOR WASHINGTON SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. * * * * * Senator O'Donnell said S.B. 332 has come back with an amendment to amend section 1, page 2, lines 1 through 7, from the second reprint. He said Mr. Capurro agrees that this amendment clarifies the language for the results of the dealer survey by the manufacturer. SENATE BILL 332: Revises provisions relating to unfair practices of motor vehicle manufacturers, distributors, factory branches and their representatives. (BDR 43-1043) Senator O'Donnell called for a motion to concur with the amendment. SENATOR WASHINGTON MOVED TO CONCUR WITH THE AMENDMENT ON S.B. 332. SENATOR NEAL SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. * * * * * Joe Neal asked what the committees' disposition of A.B. 558 would be? Senator O'Donnell explained that the committee will probably indefinitely postpone the bill because if the board is going to be left for 2 years, why have a bill allowing them to exist for 2 years? Mr. Neal said the burden should be on the board to come back to the Legislature and explain why they should remain in existence if they have fulfilled their obligations or if they have any more projects to complete. Senator O'Donnell said he understood that Senator Neal wants Desert Research Institute (DRI) to come to the committee and explain the process of the instrumentation. He said if the committee does not move the bill, people will have to go to the regional center for emission control. He said if Senator Neal is not happy with the explanation from DRI, he will stop on the Assembly side. He called for a vote on S.B. 570. SENATOR WASHINGTON MOVED TO DO PASS S.B. 570. SENATOR SHAFFER SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR NEAL VOTED NO.) * * * * * Senator O'Donnell adjourned the meeting at 3:05 p.m. RESPECTFULLY SUBMITTED: Diane C. Rea, Committee Secretary APPROVED BY: Senator William R. O'Donnell, Chairman DATE: Senate Committee on Transportation June 24, 1995 Page