MINUTES OF THE
ASSEMBLY COMMITTEE ON TRANSPORTATION
Sixty-seventh Session
June 28, 1993
The Assembly Committee on Transportation was called to order by Chairman Larry L. Spitler, at 2:25 p.m., on Monday, June 28, 1993, in Room 331 of the Legislative Building, Carson City, Nevada. Exhibit A is the Meeting Agenda. Exhibit B is the Attendance Roster.
COMMITTEE MEMBERS PRESENT:
Mr. Larry L. Spitler, Chairman
Mr. Val Z. Garner, Vice Chairman
Mr. Bernie Anderson
Mrs. Vonne Chowning
Mr. Tom Collins, Jr
Mr. William D. Gregory
Mr. Lynn Hettrick
Mr. James W. McGaughey
Mr. Louis A. Toomin
COMMITTEE MEMBERS ABSENT:
None
GUEST LEGISLATORS PRESENT:
Senator Bill R. O'Donnell, Senatorial District No. 5
Senator Raymond C. Shaffer, Senatorial District No. 2
STAFF MEMBERS PRESENT:
Kerry Carroll-Davis, Senior Research Analyst, Legislative Counsel Bureau
OTHERS PRESENT:
Randy Oakes, Las Vegas Metropolitan Police
Lt. Jim Nadeau, Washoe County Sheriff's Office
Ray Sparks, Department of Motor Vehicles and Public Safety
Donna Wadey, Department of Motor Vehicles and Public Safety
ASSEMBLY BILL NO. 774: Changes method of collecting tax on special fuels.
Chairman stated the bill had been requested by the committee to move collection of special fuel taxes, specifically diesel, from the pump to the distributor. He was informed by the people working on the bill that the issue was more complicated than anticipated; therefore, it was his intent to turn the bill back in.
ASSEMBLY JOINT RESOLUTION NO. 40: Urges Congress to allow states to set speed limits for motor vehicles.
MR. TOOMIN MOVED TO DO PASS A.J.R. 40.
MR. HETTRICK SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT.
ASSEMBLY BILL NO. 725: Prohibits driving or moving of vehicle on any highway with uncovered load.
Mr. Toomin indicated he was not the sponsor of the bill but indicated his desire for passage of the bill as he had experienced three cracked windshields due to uncovered loads.
Chairman Spitler called for a recess at 2:30 p.m.
Meeting reconvened at 5:50 p.m. Members present were as follows: Mr. Anderson, Mrs. Chowning, Mr. Hettrick, Mr. Garner, Mr. McGaughey and Mr. Spitler.
As sponsors or witnesses were not present to speak on behalf of A.B. 725, Chairman Spitler indicated his intent to withdraw the bill for consideration and turn the bill back in.
SENATE BILL NO. 106: Increases maximum weight allowed on certain public highways for certain vehicles used for public mass transportation.
Chairman indicated the bill was supported by the Regional Transportation Committees in both Washoe and Clark counties.
MR. GARNER MOVED TO DO PASS S.B. 106.
MR. MCGAUGHEY SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT.
SENATE BILL NO. 473: Revises penalties for failing to stop, give certain information or render aid in event of certain motor vehicle accidents.
Randy Oakes, Captain, Las Vegas Metropolitan Police stated they agreed with portions of the bill, but were opposed to others. Understanding the rationale, Captain Oakes stated the bill proposed to change penalty provisions from one to six years to one to twenty years. He stated change was needed as people had incentive to leave the scene of an injurious accident if they were intoxicated. Captain Oakes stated a person could be penalized by one to 20 years for committing a DUI with serious injury; however, a person could get one to six years for felony hit and run. He stated by not proving a person was drunk at the time of an accident, police were only able to charge for hit and run. Captain Oakes commented on his opposition to Section 1, #4 (of the 1st Reprint) as he felt it allowed an "out" for a violator giving the judge a great deal of latitude between one and twenty years in sentencing.
Captain Oakes indicated a strong deterrent was served by changing the penalty from one to six years. He relayed instances where criminal defense attorneys advised clients to leave the scene of an accident if intoxicated to avoid the harsher penalty.
Mr. McGaughey did not feel a deterrent factor existed as a majority of people did not know differences of penalties involved in leaving the scene of an accident. Captain Oakes reiterated people were aware of the penalties. Mr. McGaughey felt the twenty year penalty should be amended to only include a second offense. Captain Oakes indicated a first time offender of DUI or hit and run involving injuries would not receive a 20 year penalty unless mitigating factors and/or a criminal history existed.
Mrs. Chowning understood latitude for a judge was in place already. Captain Oakes stated the judge had discretion between one year to six years or one year to twenty if the bill passed; however, judged did not have discretion to go less than one year.
Mr. Hettrick noted the bill seemed to allow a person to be penalized for less than one year. He suggested putting the words "less than" which would still have allowed the judge discretion. Captain Oakes agreed.
Mr. Collins offered a scenario in rural Nevada where a person left the scene of an accident to report the accident. Captain Oakes stated the person could be cited but still found not guilty.
Captain Oakes noted the provisions in Section 1 were of felony nature and had to fall within a minimum of one year.
Lieutenant Jim Nadeau, Washoe County Sheriff's Office stated he had attended the Senate hearing on the bill and testified in favor of the bill at that time; however, by having not read a portion of the bill closely enough, he felt the new language allowed a judge to conceivably convict a person to as less as 10 days in jail. Regarding first time DUIs, Lt. Nadeau stated many people were fully aware of laws relating to driving while intoxicated and understood it was better to leave the scene of an accident. Answering a question from Mr. McGaughey about drunken driver's frame of thought, Lt. Nadeau relayed an experience of a driver who had a previous D.U.I., drove with a suspended license, wrecked his vehicle and ended up going home and calling his attorney for advice.
SENATE BILL NO. 235: Provides definition for accessory roads and clarifies rights of users of such roads.
Chairman Spitler indicated he had hoped to see action on A.B. 176 in the Senate; however, he was not sure what the Senate's intention was. He noted S.B. 235, S.B. 236 and A.B. 176 were all exceptionally good bills and needed within the state.
A discussion ensued on an earlier concern of Mr. Hettrick on lines 22-23 regarding "owner of access." He felt the bill should read "owner of road." Mr. Hettrick also indicated Nevada Bell's desire to be amended into the bill in being able to access permanently closed roads.
MR. GARNER MOVED TO DO PASS S.B. 235.
MR. COLLINS SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT.
SENATE BILL NO. 236: Makes certain changes relating to minor county roads.
MR. ANDERSON MOVED TO DO PASS S.B. 236.
MR. MCGAUGHEY SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT.
Mrs Chowning asked that the record reflect the committee did not choose to place a sunset clause on either S.B. 235 or S.B. 236. She clarified a possible sunset clause was being considered by the Senate on A.B. 176 which would have allowed the bill to only be in effect for two years. She wished to reiterate the fact that the Assembly Transportation Committee did not play "games" with S.B. 235 or S.B. 236.
Mr. Anderson stated he considered S.B. 235 and S.B. 236 to be important pieces of legislation and he considered it foolish to have legislation that had been centuries old in debate and then have a sunset clause placed on it to be revisited in two years.
Mr. Toomin concurred with Mr. Anderson's comment.
SENATE BILL NO. 427: Revises provisions relating to designation of highways as scenic routes.
Chairman Spitler stated S.B. 427 amended laws relating to scenic highways and required the Director of the Nevada Department of Transportation adopt regulations prescribing requirements of a designation of highway as a scenic route and deleted the requirement that a scenic route lead to a special point of interest and have an alternate parallel route.
MRS. CHOWNING MOVED TO DO PASS S.B. 427.
MR. HETTRICK SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT.
SENATE BILL NO. 452: Authorizes department of motor vehicles and public safety to issue collegiate license plates.
Mr. Anderson explained the bill established collegiate license plates. He indicated an amendment to the bill would allow DMV to collect $35 per plate with UNR and UNLV collecting $25 for the initial plate. Mr. Anderson stated renewals would allow DMV to pick up $10 and the universities obtaining $20. In addition, Mr. Anderson stated the amendment allowed the license plate to anyone willing to pay the additional cost. He stated personalizing the personalized plate was allowed. Mr. Anderson noted the money was split between academics and athletics on a 50-50 basis and pro-rated back to the Universities.
Mr. Anderson noted the bill was supported by the Lt. Governor. He distributed letters of support from UNLV and UNR (Exhibits C and D).
Mr. Hettrick indicated a possible amendment could include a Lake Tahoe Conservation plate as the State of California was doing.
MR. TOOMIN MOVED TO AMEND AND DO PASS S.B. 452.
MR. GARNER SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT.
Chairman Spitler requested Mr. Anderson handle the bill on the floor.
ASSEMBLY BILL NO. 724: Requires bicycle riders under 18 years of age to wear helmets.
Chairman Spitler indicated the bill was introduced by Assemblyman Scherer which requested DMV study standards for protective headgear to be worn by bicycle riders with a requirement of a helmet by riders under 18 years of age. He noted there was not enough time to have public hearings late in session, and he was contacted by Save The Children requesting to hold the bill as they were working on similar issues. Chairman Spitler indicated his intent to hold the bill and stated the bill would probably come back in 1995.
SENATE BILL NO. 190: Revises penalty for certain violations related to operation of motor vehicle without insurance.
Chairman Spitler stated S.B. 190 amended laws regarding penalties which might be imposed for driving without the required insurance and allowed courts to impose a $1,000 fine and suspend the penalty on the condition the driver presented proof of insurance for each month for 12 months.
A discussion ensued on how proof would be presented. Mr. McGaughey indicated presentation of proof of insurance would be an administrative procedure that did not take up time in court.
MR. MCGAUGHEY MOVED TO DO PASS S.B. 190.
MR. GARNER SECONDED THE MOTION.
MOTION CARRIED BY MAJORITY VOTE. (MR. COLLINS VOTED NO.)
SENATE BILL NO. 415: Requires department of motor vehicles and public safety to obtain certain information concerning veterans when issuing or renewing driver's licenses or when issuing identification cards.
Chairman stated the bill proposed obtaining certain information on whether or not the applicant for a driver's license or identification card ever served on active duty in the armed forces. He stated this information would be provided to the commissioner on veteran's affairs to assist in coordinating programs for veterans as no current central repository existed on the number of veterans living in the state. Chairman stated the bill provided a $4,600 appropriation from the highway fund to the driver's license division to offset costs.
Chairman Spitler wondered if providing requested information was mandatory for applicants.
Ray Sparks, Chief, Registration Division, Department of Motor Vehicles and Public Safety indicated he did recall concerns of the driver's license division who felt the might impose a burden on the division to capture information as the process was unrelated to intent and purpose of the driver's license division.
Chairman Spitler indicated his intent to hold the bill until he could speak to the sponsor.
SENATE BILL NO. 497: Provides for issuance of special license plates in support of veteran's homes.
Chairman Spitler summarized the bill allowed special plates which would support veteran's homes in Nevada. He stated the plates would be issued to veterans, spouses, or children and would bear the inscription "veteran" and also the seal of the branch of armed services in which the person served. The money would be deposited into an account for veteran's home in the state's general fund.
Mr. Anderson voiced concern the bill might violate the concept of Article IX, Section 5 of the Nevada Constitution since no money was generated from the plates or DMV as there were no charges for special plate fees over and above the initial fee.
Ray Sparks, Chief, Registration Division, Nevada Department of Motor Vehicles and Public Safety, indicated he was not present at the initial hearing in the Senate. He stated the bill provided in addition to the initial fee of $25, a $10 fee to go to the highway fund with the $25 going to the veterans home. He stated this was similar to the collegiate plate.
Mr. Anderson indicated his cooperation to work with the bill to fit the overall scheme for processing.
Mr. Hettrick asked if recipients seeking the plate had to present proof of being a veteran. Chairman Spitler indicated DMV had a process in place. In working on the interim, Chairman Spitler stated three or four different recommendations were offered to raise money to look into site selections for veteran's homes.
MR. GARNER MOVED TO AMEND AND DO PASS S.B. 497.
MR. COLLINS SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT.
Mr. Anderson clarified the bill would conform to the established license plate scheduled.
Mr. Sparks pointed out the bill created a separate design for each branch of the military services. He stated although no appropriation was given, sponsors of the bill had been in contact with vendors who supplied sheeting for the license plate and they had agreed to furnish the sheeting in gratuity. Mr. Sparks indicated had the sheeting not been furnished, the department might not have been able to implement the bill with lack of an appropriation.
Donna Wadey, Assistant Chief, Registration Division, Department of Motor Vehicles and Public Safety informed the committee the Senate had placed the bill in a subcommittee where she had addressed the need for appropriations. She stated it was at that time the subcommittee had contacted the vendor to have them donate the sheeting.
Mr. Anderson clarified the plate was sheeting and not embossed as compared to the current veteran plate which was stamped. Mr. Anderson requested DMV prepare for the next session an indication on how other states handled requests for special license plates in terms of a minimum number of people who were willing to purchase the states. He felt this would establish a threshold number, especially when money was needed to provide the special requested plates. Mr. Sparks indicated his concurrance and stated he was aware California had set a minimum order before considering production of a special license plate. Mr. Sparks felt this was important as last session, approval of one type of special license plate made had never been issued. He stated this was for the school auto shop requested by community colleges.
Chairman Spitler indicated a threshold number would be good as he had been contacted by a few groups including, the missing children's groups, an art group and two other non-profit groups who desired to have something done with license plates.
SENATE BILL NO. 473: Revises penalties for failing to stop, give certain information or render aid in event of certain motor vehicle accidents.
Senator Bill R. O'Donnell, District No., 5 explained the bill provided language for someone who left the scene of an accident with mitigating circumstances on reasons they left the scene of an accident i.e. going to get help, etc. He was informed by the Las Vegas Metropolitan Police and the Washoe County Sheriff's Department that the language was not necessary. Senator O'Donnell indicated his concurrence if the committee wished to delete the section in question.
MRS. CHOWNING MOVED TO AMEND AND DO PASS S.B. 473.
Mr. Anderson asked if the penalty was enhanced statutorily as a result of the proposed legislation. Lt. Jim Nadeau, Washoe County Sheriff's Department stated the bill could be considered enhancing as it increased the penalty which could be assessed to a violator. Chairman Spitler indicated he would confer with the Judiciary Committee Chairman on any such enhancement costs.
MR. HETTRICK SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT.
SENATE BILL NO. 415: Requires department of motor vehicles and public safety to obtain certain information when issuing or renewing drivers' licenses or when issuing identification cards.
Senator Raymond C. Shaffer, District No. 2, responding to a question from Mrs. Chowning regarding the bill's requirement that applicants "will" state whether they had ever served in the armed services, understood the information would be more voluntarily. He stated a person could not be made to identify their service record. Mrs. Chowning indicated an amendment might be needed to provide the bill be more voluntary, Senator Shaffer indicated no need for the bill to be mandatory; however, he stated the veterans requested the information as it was difficult to determine the number of veterans living in the state.
Chairman Spitler clarified the information collected would not be released in terms of anything other than aggregate and DMV would not publish a list of members of the armed forces. Senator Shaffer agreed.
Ray Sparks, Chief, Registration Division, Department of Motor Vehicles, in answering a question from Chairman Spitler, indicated the bill's permissiveness would mitigate any impact on the department; however, it seemed the computer programming and implementation would be a burden to the department. Mr. Sparks indicated he was not aware of any data collected not related to driver license or motor vehicle oriented.
Mrs. Chowning pointed out the information would be contained on the list that is sold by the driver's license department. Mr. Sparks understood the general rule that information not declared confidential was considered public information. He stated the director had authority to not release information if he was convinced the information would not be used for a valid purpose.
Chairman Spitler indicated his desire to have the bill amended to assure the names remain confidential; however, the numbers would be able to be released in an aggregate form.
Mr. Sparks indicated if the intent of the bill was to try to recruit veterans, he stated the confidentiality clause would defeat the intent.
Mr. Hettrick suggested making the information available to the veteran of commissioner affairs would enable the commissioner to only give the information to whomever he wanted if appropriate for the intent of the bill.
Chairman clarified the amendment would include making the bill permissive and information gathered would only be released in aggregate number forms with no names released with a possible revisit back in 1995. He stated if the purpose of the bill was to find another source of contacting people, it was an invasion of privacy and beyond the scope of DMV's purpose.
MR. TOOMIN MOVED TO AMEND AND DO PASS S.B. 415.
MR. GARNER SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT. (MR. COLLINS
With no further business, Chairman adjourned the meeting at 7:00 p.m.
RESPECTFULLY SUBMITTED:
Carolyn J. Harry
Committee Secretary
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Assembly Committee on Transportation
June 28, 1993
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