MINUTES OF THE
SENATE COMMITTEE ON TRANSPORTATION
Sixty-seventh Session
February 23, 1993
The Senate Committee on Transportation was called to order by Chairman William R. O'Donnell, at 1:30 p.m., on Tuesday, February 23, 1993, in Room 226 of the Legislative Building, Carson City, Nevada. Exhibit A is the Meeting Agenda. Exhibit B is the Attendance Roster.
COMMITTEE MEMBERS PRESENT:
Senator William R. O'Donnell, Chairman
Senator Lawrence E. Jacobsen, Vice Chairman
Senator Mark A. James
Senator Leonard V. Nevin
Senator Joseph M. Neal, Jr.
Senator Thomas J. Hickey
Senator Lori L. Brown
GUEST LEGISLATORS PRESENT:
Senator Earnest E. Adler
Senator R. Hal Smith
STAFF MEMBERS PRESENT:
Terri Jo Wittenberg, Committee Secretary
OTHERS PRESENT:
Ms. Laurel Stadler, Legislative Liaison, Mothers Against Drunk Drivers (MADD), Lyon County Chapter
Ms. Donna Varin, Chief, Driver's License Division, Nevada Department of Motor Vehicles and Public Safety
Ms. Darcy Coss, Deputy Attorney General, Nevada Attorney General's Office
Mr. Ben Graham, Legislative Representative, Nevada District Attorney's Association
Chairman O'Donnell opened the hearing on Senate Bill (S.B.) 191.
S.B. 191: Provides that imprisonment is not mandatory for driving without driver's license after expiration of period of suspension, revocation or restriction of license.
Ms. Laurel Stadler, Legislative Liaison, Mothers Against Drunk Drivers (MADD), Lyon County Chapter, testified in opposition to S.B. 191. Ms. Stadler said S.B. 191 would put the driver with a revoked license in the same category with the driver with a suspended license.
Chairman O'Donnell closed the hearing on S.B. 191 and opened the hearing on Senate Bill 190.
S.B. 190: Provides that imposition of fine is discretionary under certain circumstances for driving without insurance.
Senator Earnest E. Adler, spoke in favor of S.B. 190. Senator Adler said Judge Robey Willis is the person who could explain the bill best. Senator Adler said presently there is a mandatory fine when people do not have insurance and judges do not have the discretion to waive fines. Senator Adler added that people in the poorer communities are adversely affected and S.B. 190 would help them. Senator Adler said these people are often faced with having to pay a fine and not having enough money to purchase insurance, or purchasing insurance and not being able to pay a fine.
Senator Adler said this bill would allow a judge to look at a person's economic situation and make a judgement as to whether this person could afford, both, a fine and to purchase insurance.
Senator Adler also spoke in favor of S.B. 191. Senator Adler explained that when a person has his license suspended for too many traffic violations and does not drive during the suspension period and then the period is over, this person mistakenly thinks his license is automatically reinstated. He said these people think that once they have served their period of suspension or revocation, their license is reinstated. Senator Adler said that some judges are not enforcing this and some judges are putting people in jail for not reinstating their driver's licenses.
Senator Nevin said during his time as a police officer he had run in to this many times and most of the time it happened because people did not understand that after a suspension or revocation period had expired they had to go in to the driver's license office to have their license reinstated.
Ms. Laurel Stadler, said, with regard to S.B. 191, there was a section of the Nevada Revised Statutes (NRS) 483-560 which included an annotation which gave the Attorney General's opinion which clarified the difference between a suspended license and a revoked license and if a person is picked up after the period of suspension he would not be prosecuted under the statute, which S.B. 191 seeks to revise.
Senator Adler said the reason for the bill was because the judges needed to clarify this area of the statute, which has generated some confusion.
Senator Nevin said a judge cannot judge on an attorney general's opinion and they must judge according to what the law says.
Senator Adler said that was the problem, the law is not clear right now.
Chairman O'Donnell said S.B. 190 and S.B. 191 would be rescheduled to allow Judge Willis to appear before the transportation committee.
Chairman O'Donnell closed the hearing on S.B. 190 and opened the hearing on Senate Bill 193.
S.B. 193: Allows department of motor vehicles and public safety to establish more flexible requirements for reinstatement of drivers' license.
Senator R. Hal Smith spoke in favor of S.B. 193. Senator Smith said that recently he was told a story by the president of the Bank of Laughlin. The gentleman explained he had recently been in New York for his high school reunion and he had received a citation for speeding. Later, when he received the bill, he paid with a cashiers check and soon received a paid receipt and he thought the matter was closed. Then, 8 or 9 months later he went to renew his driver's license and was told he could not renew because he an outstanding citation in New York. The gentleman then contacted New York and was told they had indeed received his check and they had notified the State of Nevada that this citation had been resolved. The next day the gentleman went back to the driver's license bureau with his receipt, the copy of his cashier's check and the notice from the New York town that this citation had been cleared up. The people in the driver's license office said that was not good enough because he did not have the number of the citation listed on any of the documents he had.
Senator Smith said he had tried to get this straightened out for this gentleman but was not able to do so and was told, "Sorry, that's the law."
Senator Smith also cited an example of a woman who had a medical problem which was starting to become a problem and she spoke with her doctor who suggested she relinquish her driver's license for a period of time until this condition was under control. She then voluntarily relinquished her license and some months later went in to reinstate her license. She was told it would cost her $40 to reinstate. She said she could get a new one for $20.
Senator Nevin said he had talked with the Department of Motor Vehicles and Public Safety (DMV) about some of the same problems and he got the response, "Well, you guys make the laws; you can change them."
Chairman O'Donnell asked if there is any recourse for people with extenuating circumstances.
Senator Smith said that to his knowledge there was cuurently no recourse.
Ms. Donna Verin, Chief, Driver's License Division, Nevada Department of Motor Vehicles and Public Safety, spoke with regard to S.B. 193. Ms. Varin said her agency was in support and in opposition to this bill, however, she did add, she would like to work with the committee on some amendments to the bill.
Ms. Varin said her agency liked the intent of bill, because it would give her agency some flexibility they do not have right now.
Ms. Varin said when there is a medical reason for the relinquishment of a license her agency can waive the reinstatement fee. She added that in drunk driving cases, failure to appear cases, point violator cases, and major offender cases, she feels the reinstatement fees are fair and necessary.
Chairman O'Donnell asked what the process was for people with mitigating circumstances, that deal directly with the DMV.
Ms. Varin said there is statutory authority for review of any licensing action that is taken by the department. She added, that as an administrative agency, they fall under NRS 233B, which is the administrative procedures act and that there were steps that are allowed for the individual to request a review of their situation. She said, depending on the type of case, the individual always has the opportunity to present their side of the story.
Ms. Varin said her agency prefers to take care of these types of cases on an administrative level.
Ms. Varin said in the case of the first gentleman Senator Smith spoke about; the driver's license division would have given him 30 days in which to straighten out his problem before revoking his driver's license.
Ms. Varin added, that with the correct name, she would be happy to research that particular case to make sure it was handled appropriately.
Chairman O'Donnell asked why he was not aware of NRS 233B. He added that he had even called the DMV for various constituent problems and was never told about this statute.
Ms. Varin said whenever a notice goes out it includes information on how to request an administrative hearing.
Chairman O'Donnell asked how many hearing were held last year.
Ms. Varin replied she thought there were about 2500 to 3000 hearings last year in the driver's license division alone.
Ms. Darcy Coss, Deputy Attorney General, Nevada Attorney General's Office, made some clarifications regarding NRS 233B. First, she said it has to be under the statutes that allow for a contested case. She said not everything would allow for a hearing and that there are situations that may not be a contested case. Secondly, she added, the time period in which to request a hearing is only 30 days and that sometimes an individual may miss the period of time in which to request a hearing.
Chairman O'Donnell asked when the 30 day period started.
Ms. Coss said the 30 day period starts when the infraction or action occurred.
Mr. Ben Graham, Legislative Representative, Nevada District Attorney's Association, testified in opposition to S.B. 193.
Mr. Graham told the committee they should not feel too bad for these people who are picked up on a revoked license after the revocation has expired. He added that very few people spend any time in jail, because of the strict proof problem of showing that they really had proper notification.
Mr. Graham said most frequently they are allowed to plead to a charge of not driving with a valid license and are fined $105.
Chairman O'Donnell closed the hearing on S.B. 193.
Chairman O'Donnell opened the work session on Senate Bill 105.
S.B. 105: Repeals general provisions which set forth conditions for licensing person under 18 years of age to drive vehicle used as school bus or for transporting persons for compensation.
SENATOR HICKEY MOVED TO DO PASS S.B. 105.
SENATOR JAMES SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Chairman O'Donnell opened the work session on S.B. 126.
S.B. 126: Makes various changes to laws pertaining to controls of emissions from motor vehicles.
SENATOR HICKEY MOVED TO DO APPROVE THE AMENDMENTS TO S.B. 126.
SENATOR NEVIN SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
There being no further business, Chairman O'Donnell adjourned the meeting at 2:50 p.m.
RESPECTFULLY SUBMITTED:
Terri Jo Wittenberg,
Committee Secretary
APPROVED BY:
Senator William R. O'Donnell, Chairman
DATE:
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Senate Committee on Transportation
February 23, 1993
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