MINUTES OF THE SENATE COMMITTEE ON TRANSPORTATION Sixty-eighth Session March 21, 1995 The Senate Committee on Transportation was called to order by Chairman William R. O'Donnell, at 1:35 p.m., on Tuesday, March 21, 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 Joseph M. Neal, Jr. Senator Raymond C. Shaffer Senator O. C. Lee COMMITTEE MEMBERS ABSENT: Senator Jon C. Porter (Excused) STAFF MEMBERS PRESENT: Don O. Williams, Chief Principal Research Analyst Diane Rea, Committee Secretary OTHERS PRESENT: Larry Stout, Assistant Chief, Bureau of Enforcement, Department of Motor Vehicles and Public Safety (DMV&PS) Elizabeth King, Assistant Chief, Drivers' License Division, Department of Motor Vehicles and Public Safety (DMV&PS) Senator O'Donnell introduced Bill Draft Request (BDR) 43-902 (Exhibit C). BILL DRAFT REQUEST 43-902: Authorizes chief of investigation division of department of motor vehicles and public safety to appoint certain persons as investigators and to enter into certain agreements with state and local law enforcement agencies. Senator O'Donnell stated that this BDR came from public safety. He called for a motion for committee introduction. SENATOR WASHINGTON MOVED FOR COMMITTEE INTRODUCTION OF BDR 43-902. SENATOR JACOBSEN SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR PORTER WAS ABSENT FOR THE VOTE.) Senator O'Donnell introduced BDR 43-566 (Exhibit D). BILL DRAFT REQUEST 43-566: Revises provisions relating to liens levied for failure to pay fees and other money owed to department of motor vehicles and public safety. Senator O'Donnell stated that the BDR came from Ray Sparks, Chief, Registration Division. SENATOR SHAFFER MOVED FOR COMMITTEE INTRODUCTION OF BDR 43- 566. SENATOR NEAL SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR PORTER WAS ABSENT FOR THE VOTE.) Senator O'Donnell introduced BDR 35-858 (Exhibit E) that is by Jim Dobson of DMV&PS. BILL DRAFT REQUEST 35-858: Revises provisions relating to invitations to bid on certain projects for highways. SENATOR SHAFFER MOVED FOR COMMITTEE INTRODUCTION OF BDR 35- 858. SENATOR LEE SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR PORTER WAS ABSENT FOR THE VOTE.) Senator O'Donnell introduced BDR 58-579 (Exhibit F) from Ray Sparks. BILL DRAFT REQUEST 58-579: Makes various changes to provisions governing regulation of motor carriers. SENATOR WASHINGTON MOVED FOR COMMITTEE INTRODUCTION OF BDR 58-579. SENATOR LEE SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR PORTER WAS ABSENT FOR THE VOTE.) Senator Jacobsen requested a bill draft from the Justice Court, East Port Township. He stated that he has taken the bill to judiciary and they have indicated that the bill belonged in transportation. Senator Jacobsen said: I am sure some of you, if you have read some of the audits that have been out; we have a number of fines outstanding in all the court systems. People just do not pay. This is one that deals with any kind of citation; automobile citation or whatever. This deals with an [individuals failure to appear in court on a traffic matter after written promise to appear, and also the failure to pay a fine after pleading guilty.] A number of states have this already in their current law. I feel if a person is cited and pleads guilty and is fined they should be under some obligation to pay the fine, whether you like it or not. I am surprised that this would not be in judiciary, but it only deals with traffic violations. It has to come to transportation. I would like permission to go get a bill draft. Senator Neal asked if a person signed a ticket, appeared, and is found guilty, but did not pay the fine; what action is proposed being taken against him? Senator Jacobsen stated, "Ordinarily you have to go through formal contempt proceedings with the court in order to drag him back in to pay. This would make it almost mandatory that when he admitted to his guilt or was fined by the judge, he would have to make some arrangements at that time. This is just justice court." Senator Neal asked if Senator Jacobsen is saying that the person should be put in jail? Senator Jacobsen responded, "Not put in jail. You could if he refused to pay." Senator O'Donnell said that they have authority to do that now; if they do not pay, they go to jail. Senator Neal said that they do not go to jail for a traffic ticket. Traffic tickets used to be considered a civil fine and are now a debt that the individual owes. He said they hold you in contempt. Senator Jacobsen stated that other states have it and Douglas County has a new Justice of the Peace who is reviewing all the old records. He found about $10,000 in outstanding traffic fines. SENATOR SHAFFER MOVED FOR A REQUEST FOR A BILL DRAFT REQUEST. SENATOR LEE SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR PORTER WAS ABSENT FOR THE VOTE.) Senator Jacobsen stated that when he receives the bill draft request he would give it to Senator O'Donnell. Senator O'Donnell opened the hearing on Assembly Bill (A.B.) 23. ASSEMBLY BILL 23: Revises the definition of "golf cart" for the purposes of provisions governing registration of motor vehicles. (BDR 43-582) Larry Stout, Assistant Chief, Bureau of Enforcement, Department of Motor Vehicles and Public Safety (DMV&PS) stated: In the community of Summerlin in Clark County, senior citizens are authorized to drive golf carts on the streets. The department inspects those golf carts for safety and issues permits for the driving. The current statute has a 1300 pound label weight limit on these golf carts. Many of them have become fancier and exceed 1300 pounds; and DMV&PS simply wants to remove the label weight limitation. That is all there is to the bill. Senator O'Donnell asked if this has become a big problem in Las Vegas? How does he defend this on the floor? Mr. Stout stated, "I am not sure that it needs defending. There is an unrealistic limitation on the weight and we are just asking that removal. The carts are inspected for safety; the weight really has no bearing on it." Senator Neal asked if there is a registration fee required on these carts? Mr. Stout replied that there is a $10 inspection fee. Senator Neal asked how many of these carts are there? Mr. Stout replied that there are approximately 700 golf carts. Senator Jacobsen stated that he is concerned about just defining "golf cart". A lot of casinos and cemeteries are using John Deere's which are a three wheeler, almost like a golf cart but will carry 4 to 5 people or a couple bales of hay. A lot of farmers are using them on highways. He asked if they are licensed. Mr. Stout replied that it is his understanding that this is for the community of Summerlin alone, and is provided for by Clark County. Outside of that community, a golf cart would have to be considered in the same category as farm implements that are not used regularly on the highway. Senator Jacobsen stated that when the committee took the tour at Lovelock he noticed about six of them that appeared to be used for maintenance. He wanted to be sure the committee does not fall into a situation where somebody said they would get one of the John Deere's and use it for the same purpose. Senator Shaffer stated that the community has private streets and they are closed off to the outside traffic. The people are not going to be on the open roads. The carts would be used within the community. Mr. Stout said that it is essentially a retirement community and is enclosed. That is the only place that Clark County has authorized golf carts to be driven on the street. Senator O'Donnell asked if more golf carts are being used in northern Nevada? There are communities being developed in Washoe Valley and Dayton. Mr. Stout stated that they are developing, but he is not aware of golf carts being driven on the highway. Senator O'Donnell asked if Mr. Stout's experience is just in southern Nevada? Mr. Stout replied that is correct. Senator Neal stated that when Snowy (Warren) Monroe was here in 1975, the Legislature put this into law making it possible for him to drive on the highway because he has to cross the highway to reach the golf course. Senator O'Donnell asked how much the "tricks," with a Volkswagen engine on the back and big slick tires ... they are really a motorcycle, but they have three wheels. How much do those weigh? What is the registration fee for a motorcycle? Mr. Stout replied that the registration fee for a motorcycle is established and graduated based upon value; the privilege tax. It is similar to an automobile. Senator O'Donnell asked, "Are these charged by privilege tax? If I could take a couple of straps and convince the DMV&PS that my motorcycle, that has a Volkswagen engine on the back, can carry a couple of golf clubs; can I get it registered for $10?" Mr. Stout replied, "No, this is not a registration. It is simply a permit to be operated in the community of Summerlin. The fee is essentially for the registration. There are no plates issued to put on the golf cart." Senator O'Donnell stated that even though the bill is only three lines long, if the committee repeals lines 2 through the first part of 3, is that going to open it up for the three wheel motorcycles to be able to be driven on the street without registering them. Mr. Stout stated that is certainly not the intent of the legislation. Motorcycles and the "three wheel motorcycles" are required to be registered on the highway and pay the privilege tax. Senator O'Donnell asked if golf carts are required to register and pay the tax? Mr. Stout replied, "No sir. They cannot drive outside of the community of Summerlin." Senator Neal read the definition of a highway. "The highway means the entire width between boundary lines of every way maintained by the public authority when any part of such way is open to the use of the public for the purpose of vehicular traffic." He stated that if DMV&PS defines a golf cart as a vehicle, it can be driven upon a roadway. By the definition of a highway, the golf cart can be on the roadway if it is licensed. Senator O'Donnell closed the hearing on Assembly Bill 23. Senator O'Donnell opened the hearing on Assembly Bill 27. ASSEMBLY BILL 27: Revises provisions relating to proof of identity required for issuance of instruction permit, driver's license or identification card. Elizabeth King, Assistant Chief, Drivers' License Division, Department of Motor Vehicles and Public Safety (DMV&PS) read her testimony (Exhibit G). Senator Neal asked why DMV&PS wants to remove "baptismal certificate"? There are still people that drive and might not have the certificates due to midwife deliveries. Mrs. King stated that DMV&PS understands that exists. They want it taken out of the statute as a primary document. DMV&PS will accept baptismal certificates in conjunction with other documents for establishing proof of age and identification. Senator Neal stated that he noticed the social security number is accepted, and the Social Security Administration will accept the baptismal certificate as proof of birth. Mrs. King stated that the social security number requirement is in a separate section of this law. The DMV&PS understands that it can be a valid document. The problem is that it frequently is invalid and they have a difficult time substantiating what that document stands for. She said it is very difficult for the DMV&PS to contact the churches if that is the only document that someone has for proof of age. It could be used in conjunction with other documents. Senator Neal asked what problems has the DMV&PS had with this being a part of the law? Mrs. King stated that the certificates are readily available at the stationary stores. Two instances when it is a problem are: when it is a young person who is trying to establish their age to prove that they are old enough to drink; and it opens it up for those who would choose to establish some sort of fraudulent identification. Senator Washington asked about the certificates that are used to certify christenings that are used for identification. Mrs. King stated that she believes that those documents are on the list that DMV&PS will accept, they just cannot be used as a primary form of identification. They must be documented, certified or numbered documents as are in the DMV&PS listing. Senator Shaffer asked if the phrase is left in could DMV&PS require additional proof along with the birth certificate? Mrs. King stated that the documents named in statute are the ones that DMV&PS must accept. Senator Shaffer asked why the driver's license is listed in two different sections. Mrs. King explained that one is for people born inside the United States and the other is for those born outside the United States. Senator O'Donnell asked if line 3 could say "and" instead of "or"? Mrs. King stated that DMV&PS does ask for additional identification. If the person has any of the documents specifically listed, those will be accepted in combination with other documents. DMV&PS is trying to eliminate fraudulent certificates. Senator O'Donnell stated that he would like to not delete the "baptismal certificate" from the bill; but to allow DMV&PS to ask for additional information. If the language is written to include the "baptismal certificate"; and at the end of line 20 on the first page, instead of using the word "or," and put "and other proof acceptable to the department," or "and other proof determined necessary and acceptable to the department". This would eliminate the possibility of someone coming in with fraudulent identification. Senator Washington stated that when he issues a baptismal certificate he is signing his integrity on it. Senator O'Donnell stated that his intent is to ask for an amendment to the bill to allow DMV&PS to ask for additional information, if deemed necessary. Senator O'Donnell closed the hearing on Assembly Bill 27 and opened the hearing on Assembly Bill 29. ASSEMBLY BILL 29: Establishes fee for endorsement added after issuance of original commercial driver's license for which driving skills test is required. (BDR 43-570) Mrs. King stated: A.B. 29 is an agency requested bill regarding commercial driver's licenses. It is a change in fees, and a slight language change. This allows DMV&PS to charge an appropriate fee for administering tests to a commercial driver who already has a CDL (Commercial Drivers License), and who wants to add an endorsement. Current language says that DMV&PS will charge $15 [$14 plus photo fee]. That endorsement did not address those drivers who may have to take the driving skill's test. What DMV&PS is asking for is a fee appropriate for those to whom we must administer the driving skill's test as well. Senator O'Donnell asked, "Would that mean they would have to go out and physically take the test?" Mrs. King responded, "Basically, what this applies to; as it is written, is to those drivers who want to add a passenger endorsement. They already have a Class A or Class B license, but they were not licensed to haul passengers. The passenger endorsement to a CDL requires an additional test." Senator O'Donnell asked if they would be recouping the cost of having a person go out and do the test? Mrs. King stated that was correct. Senator O'Donnell asked for questions from the committee. He asked for any further testimony on any of the bills heard today? Senator O'Donnell closed the hearing on Assembly Bill 29. Senator O'Donnell called for a motion on Assembly Bill 23. SENATOR NEAL MOVED TO DO PASS ASSEMBLY BILL 23. SENATOR WASHINGTON SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR PORTER WAS ABSENT FOR THE VOTE.) * * * * * Senator O'Donnell called for a motion on Assembly Bill 29; the one with the additional fees. SENATOR NEAL MOVED TO DO PASS ASSEMBLY BILL 29. SENATOR SHAFFER SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR PORTER WAS ABSENT FOR THE VOTE.) * * * * * Senator O'Donnell stated that on Assembly Bill 27, he would like to entertain a motion whereby the committee would keep in the "baptismal certificate," but allow the DMV&PS to request additional information or proof of age if they deem necessary. He asked if the committee would like to review the amendment. The committee responded that a review would not be necessary. Senator Neal asked Mrs. King to come back to the witness table. He asked for a listing of the other acceptable proof. Mrs. King distributed copies of the procedure for acceptable documents (Exhibit H). Senator Neal asked if these are in the administrative regulations? Mrs. King responded that they are department/division procedures. They are not in regulation. This is procedural only. Senator Neal asked if DMV&PS has administrative regulations? Mrs. King replied that they do. Senator Neal advised Mrs. King to include the list in the Administrative Regulations; because anyone coming before the DMV&PS and is denied based on the listing, has no way of appealing against procedures. They do have a way of appealing against an Administrative Regulation, because that is connected to the statute. If DMV&PS is to put the listing into the administrative code, the committee could accept the list and leave the baptismal certificate in the bill. Mrs. King stated that she would have to check with Mr. Bruce Glover on that issue. Senator O'Donnell stated that he wants to hold the bill for further discussion. Senator O'Donnell adjourned the meeting at 2:24 p.m. RESPECTFULLY SUBMITTED: Diane C. Rea, Committee Secretary APPROVED BY: Senator William R. O'Donnell, Chairman DATE: Senate Committee on Transportation March 21, 1995 Page