MINUTES OF THE SENATE COMMITTEE ON TRANSPORTATION Sixty-eighth Session May 25, 1995 The Senate Committee on Transportation was called to order by Chairman William R. O'Donnell, at 1:45 p.m., on Thursday, May 25, 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 GUEST LEGISLATORS PRESENT: Assemblywoman Dianne Steel STAFF MEMBERS PRESENT: Don O. Williams, Chief Principal Research Analyst Diane Rea, Committee Secretary OTHERS PRESENT: Daryl Capurro, Lobbyist, Nevada Franchised Auto Dealers Association (NFADA) Larry Stout, Assistant Chief, Registration Division, Department of Motor Vehicles and Public Safety (DMV&PS) Artie Valentine, Self Kurt Weinrich, Director, Regional Transportation Commission (RTC) Len Nevin, Lobbyist, Whittlesea Bell Pat Coward, Lobbyist, Nellis Cab Company, Desert Cab Company John Vergiels, Lobbyist, A North Las Vegas Cab Lieutenant William Cavagnaro, Las Vegas Metropolitan Police Department (METRO) Senator O'Donnell opened the hearing on Assembly Bill (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 this is a sister bill to Senate Bill (S.B.) 276. SENATE BILL 276: Establishes program for issuance of certificates of registration and license plates by vehicle dealers. (BDR 43-102) Assemblywoman Dianne Steel, testified this bill is the result of people telling her, during her campaign, that they would like to be able to register their cars when they purchase them. Daryl Capurro, Lobbyist, Nevada Franchised Auto Dealers Association (NFADA), testified this is on a voluntary basis. Several dealers have expressed the desire to be able to provide this service, but do not have the computer ability to tie in with the Department of Motor Vehicles and Public Safety (DMV&PS) registration. He said if a person is trading in a vehicle, the plates will only have to be transferred and registered to the new vehicle. Senator Jacobsen asked if there are any other states where dealers provide this service? Mr. Capurro replied that there are other states providing this service. Ms. Steel said California, New York, and several states in the east use this process. Senator Jacobsen asked if there is any fee charged for this service. Mr. Capurro said that is specifically prohibited in the bill. Senator Washington asked if some of the franchise dealers are already doing this? Mr. Capurro replied that some in Las Vegas are already doing this with the more expensive vehicles. Right now it is a burden because someone has to physically go to DMV&PS to register the vehicle. Larry Stout, Assistant Chief, Registration Division, Department of Motor Vehicles and Public Safety (DMV&PS), testified the department does support this bill. Senator O'Donnell closed the hearing on A.B. 352. Senator Neal agreed to withdraw S.B. 276. SENATOR NEAL MOVED TO WITHDRAW S.B. 276. SENATOR JACOBSEN SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. * * * * * Senator O'Donnell opened the hearing on S.B. 295. SENATE BILL 295: Revises provisions relating to liens levied for failure to pay fees and other money owed to department of motor vehicles and public safety. (BDR 43-566) Senator O'Donnell said the yellow attachment (Exhibit C) is an amendment to the bill. He asked for an overview of the amendment. Don O. Williams, Chief Principal Research Analyst, said: [Senate Bill] 295 was requested by the Registration Division of DMV&PS. Their original bill provided for a levy of a lien against a vehicle for which delinquent registration fees are owed. The basic problem was that we have a quarterly payment system and some people are not making the payments after the initial quarter, so they are delinquent on their privilege taxes and on their registration fees. The Amendment No. 434 would, in effect, require that persons who are delinquent to making their quarterly payments would have to pay their fees and taxes in full for the remainder of that year. In addition, in the future, they would have to pay on an annual basis rather than a quarterly basis. Senator O'Donnell said this is the situation where the heavy trucks are not paying more than the quarterly fee, but getting the tag for the entire year. This will require them to pay annually and to pay any accrued fees. SENATOR WASHINGTON MOVED TO AMEND WITH AMENDMENT NO. 434 AND DO PASS S.B. 295. SENATOR JACOBSEN SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. * * * * * Senator O'Donnell opened the hearing on S.B. 340. SENATE BILL 340: Revises provisions relating to disclosure of odometer reading upon transfer of ownership of motor vehicle. (BDR 43-1327) Artie Valentine, Self, testified that the conflict on this bill can be easily solved by inserting a bracket after the word "may" on line 22, and on line 23 insert a bracket after "4066", and delete the language that S.B. 119 deletes. SENATE BILL 119: Revises provisions relating to disclosure of odometer reading of motor vehicle and certain other information when ownership of motor vehicle is transferred. (BDR 43-1317) Mr. Valentine presented a proposed amendment (Exhibit D). Mr. Capurro explained the proposed amendment. SENATOR NEAL MOVED TO AMEND AND DO PASS S.B. 340. SENATOR LEE SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. * * * * * Senator O'Donnell opened the hearing on S.B. 349. SENATE BILL 349: Requires regional transportation commission in certain counties to develop transportation plans and programs in compliance with federal law. (BDR 32-1953) Kurt Weinrich, Director, Regional Transportation Commission (RTC), presented a revised amendment to S.B. 349 (Exhibit E). He said some of the language presents a problem with some of the taxicab companies. He said the RTC requests passage of the bill with the amendment. Senator Porter talked about a flyer he had received from Carson City Chamber of Commerce about a transportation service proposed in Carson City. He asked if Mr. Weinrich was aware of this service and is it the on the same idea as the proposal in the bill? Mr. Weinrich replied that Carson City does not fall under RTC, so he could not say for sure if it is the same type of service. Len Nevin, Lobbyist, Whittlesea Bell, testified that PSC (Public Service Commission) of Nevada controls northern Nevada for taxis and the Taxi Authority controls southern Nevada. Mr. Nevin said he understood there is an additional amendment coming to the committee. Senator Porter said he had contracts from Union Cab, Nevada Yellow Cab, and Desert Cab, all authorized to go to Boulder City. Pat Coward, Lobbyist, Nellis Cab Company, Desert Cab Company, testified Sandy Pardo, the director of the Taxicab Authority, was going to get the three companies together and try to come up with a solution. Senator Porter said he thought the companies were going to see about the market. Ms. Pardo was going to do something, but the cab companies were also going to do something. He asked if the cab companies had done anything? Mr. Nevin replied he was under the impression that the cab companies, Taxicab Authority and RTC were all going to get together, but to his knowledge there has been no meeting. Senator Porter said he had requested, at the last meeting, some language to take care of the problem. Mr. Nevin said there are areas where the taxicabs can and cannot operate. Senator Porter stated that the three contracts he has indicate that the cabs can do whatever they want, if they want to do it. Mr. Nevin stated that if they are within their assigned areas, they can do whatever they want. Mr. Coward stated that he thought Sandy Pardo was going to come up with a solution by pulling all the cab companies together. Senator O'Donnell said a subcommittee needs to try to solve the problem. There seems to be a lack of direction among the entities. He asked if Senator Porter would chair that committee. Senator Porter said he will chair a subcommittee. He said he felt that the parties do not have the communication needed to settle this issue. John Vergiels, Lobbyist, A North Las Vegas Cab, testified that Sandy Pardo did call in the cab companies. He said she is out of town and could not appear today. Whether it can or cannot be solved, it needs to be seriously looked at before the session ends. He said the major concern is Boulder City. Senator Porter replied that there is a bill before the committee that addresses Clark County. A part of that is Boulder City and their unique situation. Mr. Vergiels said the Taxicab Authority has to address this problem, by statute. They have to find out why the companies are not providing service to areas that they are licensed to provide services to. Mr. Nevin said the subcommittee may have to request a BDR (bill draft request) to guarantee that the companies have the authority to provide the service to the areas in question. Senator O'Donnell said everyone understands there is a problem, but the way the problem is being addressed is different. Senator Washington said that he will volunteer to work with Senator Porter on the subcommittee. Senator O'Donnell closed the hearing on S.B. 349. Senator O'Donnell opened the hearing on S.B. 377 and said there is an amendment to this bill (Exhibit F). SENATE BILL 377: Revises provisions relating to licensing and registration of certain vehicles. (BDR 43- 567) Mr. Williams said: S.B. 377 was requested by DMV&PS and basically addresses three issues. One, currently there are a few motor carriers ... people with vehicles over 26,000 pounds that have personalized prestige plates. This bill would basically prohibit the future and continued issuance of such plates for vehicles registered under the IRP [International Registration Plan]. It also adds trailers under the provision and allows the transfer of motor vehicle registration to another vehicle. Currently, the definition of motor vehicle does not include trailers. They changed the definition to just vehicles. Furthermore, the bill allows a credit for, or refund of certain privilege taxes and registration fees upon submission of proof that a certificate of registration or license plates were stolen or lost. The amendment was something that you had discussed at the last meeting and Amendment No. 531 basically allows new residents of Nevada credit for the unused portion of their out-of-state registration or out-of-state license plates. Senator O'Donnell stated Nevada has had a serious problem with people who move to this state failing to register their car within the 45 days allowed. One reason is the lack of the credit for any month left on the registration from the other state. This hopefully will encourage people to register their vehicle in Nevada. Senator Neal stated he is willing to try this for 2 years. Senator Lee stated he opposed the proposed amendment and the bill. He asked if he transferred from another state where 1/12 of his license plate is worth $35 and here it is worth $10. What is to stop a person from suing the state for the difference? Senator O'Donnell responded that there is a law right now that requires people to register their vehicle within 45 days of moving to Nevada. This gives people some incentive to register their vehicle here. Senator Lee stated if a retiree is coming to Nevada and cannot afford to purchase the license plates, they cannot afford to retire. The employee being transferred to Nevada is probably coming here for a promotion. They can afford to buy their plates. He said those coming here unemployed, looking for work, probably do not have any money. He said he thinks it is not a case of people not having the money or having time left on another plate; he thinks it is because of having to stand in line that people do not transfer their plates. Senator Porter said he agrees with the process. Nevada is not getting anything now; maybe it should be a fixed amount or a 10 percent credit for the incentive. Senator O'Donnell said Oregon has a $25 fee for 2 years. The incentive for that person to reregister their car in the State of Nevada is zero. If that person does not register their vehicle, DMV&PS gets zero. He said Nevada is one of the highest registration fees in the nation. Nevada needs an incentive to get these new people to get their vehicles registered. He said the alternative is to violate the law for the time left on another state's registration. Senator Washington said at least Nevada will be receiving some money, rather than nothing. SENATOR WASHINGTON MOVED TO AMEND AND DO PASS S.B. 377. SENATOR PORTER SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR LEE VOTED NO. SENATOR JACOBSEN WAS ABSENT FOR THE VOTE.) * * * * * Senator O'Donnell opened the hearing on S.B. 378. SENATE BILL 378: Prohibiting defacement, destruction or alteration of identification number of part of motor vehicle. (BDR 43-676) Mr. Williams said: This was a bill that [the Las Vegas] Metropolitan Police Department proposed. It prohibits a person from knowingly operating a motor vehicle which contains a part which has an altered VIN [vehicle identification number] or an altered identification number of a part. It also prohibits a person from intentionally defacing, destroying, or altering the ID [identification number] of a part or of a motor vehicle. There was no testimony in opposition to this measure. Lieutenant William Cavagnaro, Las Vegas Metropolitan Police Department (METRO), testified as to why this bill is needed to protect the vehicle owner. Senator Neal asked if a person does not know the number has been altered, can the METRO take the vehicle? Lt. Cavagnaro replied that they will not be able to if the vehicle owner can show they did not know there had been any alteration on the vehicle. SENATOR NEAL MOVED TO DO PASS S.B. 378. SENATOR LEE SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR JACOBSEN WAS ABSENT FOR THE VOTE). * * * * * Senator O'Donnell opened the hearing on S.B. 396. SENATE BILL 396: Prohibits short-term lessor of motor vehicle from charging lessee for use of or access to facility or property of airport. (BDR 43- 1850) Senator O'Donnell said most of the committee members have been receiving phone calls and letters concerning this bill. He said the chairman's prerogative is to take this bill and think about the bill. Senator O'Donnell opened the hearing on S.B. 440. SENATE BILL 440: Prohibits imposition of fee for issuance of certificate of dismantling. (BDR 43-1957) Mr. Williams said: S.B. 440 prohibits the DMV&PS from imposing a fee for the issuance of a certificate of dismantling. The existing statutory fee is $10. We had representatives of the auto dismantlers association testify that the current fee places an economic burden on their slim profit margin. On the other hand, the representative of the department testified that the bill does provide currently $183,190 each year to the state Highway Fund. Senator O'Donnell asked Mr. Stout to come forward and stated that the $10 fee for a $30 car seems to be a huge imposition on the dismantlers. He asked if there is an objection to this bill by the department. Mr. Stout replied that the department does not have an objection to this bill. SENATOR WASHINGTON MOVED TO DO PASS S.B. 440. SENATOR NEAL SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR JACOBSEN WAS ABSENT FOR THE VOTE.) * * * * * Senator O'Donnell asked the committee to look at the response of the Public Service Commission of Nevada to S.B. 442, S.B. 443, and S.B.107 (Exhibit G). He asked the committee to review this for discussion at a later date. Senator Shaffer asked that a public notification be done for the registration of the vehicles. 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 May 25, 1995 Page