MINUTES OF THE

ASSEMBLY Committee on Transportation

Seventieth Session

April 29, 1999

 

The Committee on Transportation was called to order at 1:47 p.m., on Thursday, April 29, 1999. Chairwoman Vonne Chowning presided in Room 3143 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Guest List. All Exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.

 

COMMITTEE MEMBERS PRESENT:

Mrs. Vonne Chowning, Chairwoman

Ms. Genie Ohrenschall, Vice Chairwoman

Mr. Douglas Bache

Mr. John Carpenter

Mrs. Barbara Cegavske

Mr. Jerry Claborn

Mr. Tom Collins

Mr. Don Gustavson

Mrs. Kathy McClain

Mr. Dennis Nolan

Mr. David Parks

Ms. Bonnie Parnell

COMMITTEE MEMBERS ABSENT:

Mr. Kelly Thomas (Excused)

GUEST LEGISLATORS PRESENT:

Senator Bill O’Donnell, Clark County, District 5

Senator Dean Rhoads, Northern Nevada District

Senator Jon Porter, Clark County District 1

Senator Mark Amodei, Capital District

STAFF MEMBERS PRESENT:

Elana Marton, Committee Policy Analyst

Jennifer Batchelder, Committee Secretary

OTHERS PRESENT:

Dudley Lowery, Representing, City of Henderson

Scott Thorson, Chief Traffic Engineer,

Nevada Department of Transportation

Dave Hill, Representing, City of Sparks

Henry Etchemendy, Executive Director,

Nevada Association of School Boards

Debbie Smith, Representing, Nevada Parent Teachers Association

Martha Tittle, Representing, Clark County School District

John Riggs, Representing, Nevada State Masonic Order

Ray McCalister, Representing, Firefighters of Nevada

Cheryl Blomstrom, Director, State Governmental Affairs,

Nevada Chapter, Associated General Contractors of America, Inc.

Owen Ritchie, Assistant Chief, Registration Division,

Department of Motor Vehicles and Public Safety

Michele Lewis, Executive Director,

Nevada Future Farmers of America Foundation

Flint Wright, past State Treasurer,

Nevada Future Farmers of America Association

Jay Dalton, past State Secretary,

Nevada Future Farmers of America Association

Paul Iverson, Administrator, Division of Agriculture

Doug Busselman, Representing, Nevada Farm Bureau

Josh Martinez, intern to Senator Porter

Ray McCallister, Professional Firefighters of Nevada

 

Mrs. Chowning opened the hearing on S.B. 80.

Senate Bill 80: Revises provisions governing speed limits in school zones. (BDR 43-159)

Senator Bill O’Donnell, Clark County, District 5, testified S.B 80 had two aspects to it. The first was to allow the superintendent and traffic authorities to create two different time periods the school zone speed limits would be effective. For example, instead of having a school zone speed limit in effect from 7:20 a.m. to 2:30 p.m., the superintendent of the school district could create separate school zone limits at 7:20 a.m. to 9:30 a.m. and then from 1:00 p.m. to 3:30 p.m. The change would allow the motoring public the ability to traverse school zones at normal speeds while school was in session. The second aspect of the bill was to delete current language which said, "during the period of one half hour after school was no longer in operation to one half hour before the school is next in operation." The change would allow the school districts the latitude to increase the time the flashing beacons may be operated to protect the children of the state. There were school events which occurred after school where children were present and the beacons should be activated to slow down the motorists traveling through the area. It was a safety issue. The intent of the bill was to assure the safety of the children and to allow the motoring public reasonable ability to travel through school zones during the middle of the day.

Assemblywoman Cegavske commented one of the positive aspects to the bill was it allowed for the increase in times the school zones would be in effect. She asked if the bill would allow school zones to be implemented for other activities such as sporting events or parent teacher association (PTA) meetings. Senator O’Donnell remarked under current law, the flashing beacons could not be turned on; however, the bill would allow the beacons to be turned on at the discretion of the school district, thus creating a safer environment for the children.

Mrs. Chowning mentioned the proposed legislation would apparently remove the state from policies regarding school zones and place the authority to determine policy in the hands of the local school district superintendents. Senator O’Donnell stated there was a provision in the bill which allowed the superintendent to determine the hours the school zone speed limit was in effect in consultation with the principal of the individual schools and the agency responsible for enforcing the speed limit. The intent was to require the superintendent to discuss the times the school zones would be in effect with the Nevada Department of Transportation (NDOT) and law enforcement. Senator O’Donnell knew of one proposed amendment to clarify the individuals responsible for working with the superintendent.

Mrs. Chowning indicated the committee had received two proposed amendments and wondered if Senator O’Donnell had seen both of them. Senator O’Donnell responded either amendment would work. Both would clarify which agencies would be responsible for assisting the superintendent.

Assemblywoman Parnell inquired about subsection 5 of the bill, which stated, "the hours during which the pupils were in school must not be included." She wondered if the language would void all current school zone signs, which read, "in effect from 7:30 a.m. to 3:00 p.m." Senator O’Donnell indicated the intent was to break that timeframe into two separate school zone times and allow for some flexibility.

Mrs. Chowning revealed flexibility would be added to the times a school zone could be in effect, but not while the students were in class. The language precluded the school zone being in effect during the times in which the children were in school. Senator O’Donnell declared his intent was not to preclude the school zones from being in effect at any time, only to allow the school districts the ability to have a certain amount of flexibility. He was open to any modified language which would correct the problem indicated by Assemblywoman Parnell. The problem he was attempting to address was the traffic signals were on a computerized system in Las Vegas, which also had one of the highest air pollution rates in the country. By allowing motorists to travel through school zones at normal traffic speed while children were not present they would remain synchronized with the lights and not create stop-and-go traffic situations which contributed to air pollution.

Mrs. Chowning asked if the flashing beacons were the best method of advising the public of school zone speed limits. Senator O’Donnell stated not all schools had beacons to advise motorists of school zones and some schools had beacons on certain surrounding streets only. There was an inconsistency which needed to be addressed.

Assemblyman Collins recalled Assemblywoman Von Tobel had introduced a bill in a past session which dealt with similar concerns. The bill had attempted to create some consistency in school zones signs throughout the state since most districts had different signs. The opposition at the time had been the expense of replacing existing signs and that local entities had different regulations for law enforcement to follow regarding school zones. He felt the bill had more to do with public safety than with creating uniform traffic flow. Senator O’Donnell remarked the school districts along with traffic authorities would be able to determine what the signs looked like. Signs were replaced approximately every 4 years due to wear. There would be no real cost to the local entities since they replaced the signs on a fairly regular basis.

Mrs. Chowning expressed appreciation for what Senator O’Donnell was trying to accomplish. Various tragedies had occurred in the state in the past which required students to leave the schools, or embarrassing incidents happened so while the public expected children to remain in school they sometimes left for one reason or another. It was unfortunate, but the public did need to be aware when school zones were not in effect, there might be children present and they should slow down. The bill appeared to create consistency which would assist with public understanding of school zones since different areas did have different regulations. Senator O’Donnell commented there were situations when the beacons should remain flashing and the bill would allow them to be turned on when the need arose, including Saturdays. It was a good bill for the communities since it would allow the school district to do whatever possible to keep children safe and protected.

Dudley Lowery, representing the city of Henderson, presented the committee with a proposed amendment to S.B. 80 (Exhibit C). The amendment would add language to section 1, subsection 5, to allow consolidation between the superintendent of the school districts and the local or state traffic officials. The intent was to have the traffic engineers involved in the negotiations since they were the experts.

Mrs. Chowning requested the proposed amendment be repeated since the copy given to the committee did not have the same language. Mr. Lowery remarked they would add "local or state traffic official" after "superintendent or his designee."

Mr. Collins thought the traffic engineers currently determined school zones and their speeds. He wondered if the additional language was simply for clarification. Mr. Lowery responded the language was to assure engineers were involved from the beginning of the process. By including it in the section there should be no questions of who was to be involved in the process. The amendment was requested by the public works department of Henderson.

Scott Thorson, chief traffic engineer, NDOT, presented the committee with a proposed amendment to the bill (Exhibit D). He explained the amendment from the department and the amendment from the city of Henderson were meant to accomplish the same thing, to have the superintendent consult with traffic officials before determining when the beacons should be turned off. The intent of the bill was to protect the children when going to and from school; however, the general public tended to resent school zones when there were no children present, and they were still required to drive 15 miles per hour. If the school zones were in effect when children were present there would be greater compliance of the speed limits from the motoring public.

Mrs. Chowning inquired if the amendment proposed by NDOT was no longer necessary. Mr. Thorson explained the two amendments presented to the committee accomplished the same goals so either would suffice.

Mrs. Chowning noted the additional language proposed in the amendment submitted by NDOT was not required. Mr. Thorson stated "state or local traffic official" should cover the problem since they were the agencies responsible for the maintenance of the signs.

Assemblyman Carpenter indicated the high school in Elko was located on both sides of a street and children were constantly crossing the street to change classes. He wondered if the bill allowed for enough leeway to keep the beacons on while class was in session. Mr. Thorson explained the bill would allow the local school district and the local traffic officials to determine when the lights should be turned off. If students occupied the streets throughout the day then the lights should remain on the entire day. The legislation would lift current restrictions on when the beacons could be used.

Mrs. Chowning mentioned the committee would be required to amend the bill further to allow the lights to remain on by deleting the language which required the beacons to be turned off while school was in session.

Mr. Collins remarked the signs could state "when children are present" which would allow the beacons to be turned off but the school zone would remain in effect.

Dave Hill, representing the city of Sparks, testified in support of S.B. 80 with the proposed amendments. The amendments would allow the traffic engineers to be involved in the process so they could complete their analysis of the affected areas. A traffic pattern in front of a school would not be the only affected street. If a change was implemented on one street it would affect the traffic patterns on surrounding streets as well. Traffic engineers would be able to determine the correct times to turn the beacons off and on without creating an undue burden on other streets. It would also relieve the liability on the school districts if an accident was to occur as a direct result of turning the beacons on or off.

Henry Etchemendy, executive director, Nevada Association of School Boards, testified they had supported the bill as it came out of the Senate, but had not seen the proposed amendments so he could no longer make an appropriate determination on the language. He would like the opportunity to review the proposed amendments with the local school boards prior to assuring their support.

Mrs. Chowning indicated the committee would not take any action on the bill during the present hearing which would allow a few days to review the proposed amendments.

Debbie Smith, representing Nevada PTA, testified they did not stand in favor or in opposition to the bill but would like to raise some concerns they had. The first priority should be the safety of the children regardless of the convenience of motorists. They supported extending the time school zones would be in effect before and after school; however, a wide variety of school zones could potentially be created which could cause confusion for drivers. Flashing beacons would address that problem, but there were schools which did not have beacons only printed signs. There was also the issue of different schedules for different classes: Kindergarten classes were generally split; high schools had a variety of schedules; and there was also the issue of late starts. Confusion would be created among law enforcement since they would be required to remember when different school zones were in effect. There was an additional problem created in the larger school districts of having one person responsible for determining the school zones for all schools.

Martha Tittle, representing Clark County School District, testified they had been extremely involved in the legislation when it was in the Senate with both testimony and amended language. She requested to see the proposed amendments and would be willing to work with others involved if there were any potential problems.

Mrs. Chowning asked if they supported the bill without the proposed amendments. Ms. Tittle indicated they had completely supported the bill.

Ms. Parnell inquired if they had supported the bill with the language that would require the beacons to be turned off while the children were in the classroom. Ms. Tittle reiterated they had supported the bill which came out of the Senate including the fact the flashers could be turned off when the students were in class.

Mr. Collins felt the cities were involved since they were responsible for the traffic lights. He hoped they would adjust their lights so the children would have the ability to cross the streets while the "walk" signals remained on as well. There had been problems in his district in the past with children crossing the streets and not having enough time to get all the way across before the light changed.

Ms. Smith felt there were some serious problems with requiring the beacons to be turned off while classes were in session. The flexibility would help with other school activities but the beacons should not be turned off while classes were in session since children would still be coming and going.

Mrs. Chowning indicated Senator O’Donnell had stated it was not his intention to have the beacons turned off while children were present. She requested Senator O'Donnell to come forward to answer some additional questions. She inquired if, by deleting the section concerning the beacons being turned off one half hour after school to one half hour before school, the local school districts and law enforcement would interpret the legislation as there being no set time for a school zone to be in effect. The state would be completely removed from the regulatory process, leaving school zones completely in the hands of local entities. Senator O’Donnell expressed there had to be some level of trust given to the school districts to protect the children. Currently, the state financed the districts but allowed them to determine how to spend the money. School zones should be dealt with in a similar manner. A local district would know better than the state if a school zone should be limited or not. In the example Assemblyman Carpenter discussed, the district should leave the beacons on while classes were in session, and there was no doubt in his mind the local school district would leave them on. If the one half-hour language was to remain in the bill, the districts would not have the flexibility they were trying to give them.

Vice Chairwoman Ohrenschall closed the hearing on S.B. 80 and opened the hearing on S.B. 490.

Senate Bill 490: Creates revolving account to pay for cost of issuing special license plates. (BDR 43-1608)

Senator O’Donnell testified the bill was requested by the Senate Committee on Transportation due to the problem funding special license plates. The Legislature had appropriated $25,000 for all special license plate requests in 1997. The Lake Tahoe plate was so popular that it used all the funds appropriated so the other special license plates, such as the firefighters’ plate, could not be made. S.B. 490 would establish a revolving account for special license plates by taking $7 out of every special plate made and placing it into the account. The account would be capped at $50,000, so if the funds collected exceeded $50,000 the money would revert to the highway fund. By creating the account, every eligible special plate request could be made without the Department of Motor Vehicles and Public Safety (DMV & PS) claiming the plates could not be made since there were no funds.

John Riggs, representing Nevada State Masonic Order, testified in support of the bill. He explained the Masons had requested a special plate in 1997 and had met all obligations put forth by the legislature. They were not able to have the plates made because there was no money in the fund to do so.

Ray McCallister, representing Professional Firefighters of Nevada, testified in support of the bill. The request for the firefighters’ plate was made during the 1997 session. They had received the necessary 250 signatures for the special plate within 2 days of approval. Since that time, they had been waiting for the plate to be made, but there was no money in the account so the plate could not be made. The plates would cost approximately $11,000 to produce. They expected to sell more than 1,000 which would generate over $35,000 for the highway fund. Special plates were a moneymaking activity for the state and a revolving account would allow more of the plates to be made.

Cheryl Blomstrom, director, State Governmental Affairs, Nevada Chapter, Associated General Contractors of America, Inc. (AGC), informed the committee that as the primary recipient of the highway fund, the organization supported any legislation which would generate additional revenue. The bill provided a rational and consistent form of funding for special plates.

Owen Ritchie, assistant chief, Registration Division, DMV & PS, testified in support of S.B. 490 since it would allow other special license plate requests to be processed in a timely manner.

ASSEMBLYMAN CARPENTER MOVED DO PASS S.B. 490.

ASSEMBLYMAN COLLINS SECONDED THE MOTION.

THE MOTION PASSED WITH ASSEMBLYMEN BACHE, CEGAVSKE, PARNELL, AND THOMAS NOT PRESENT.

Mrs. Chowning closed the hearing on S.B. 490 and opened the hearing on S.B. 339.

Senate Bill 339: Provides for issuance of special license plates indicating support for promotion of agriculture within this state. (BDR 43-1503)

Senator Dean Rhoads, Northern Nevada District, explained he would allow the representatives from the Future Farmers of America (FFA) to speak on behalf of the bill since they were the experts on the issue.

Michele Lewis, executive director, Nevada FFA Foundation, testified the legislation before the committee would create a Nevada agricultural license plate with a portion of the proceeds benefiting both the Nevada FFA Foundation and the Nevada Division of Agriculture. The FFA would use the revenue to assist with their leadership activities, which were conducted throughout the year. She explained the FFA had been marketing the plate for some time and had collected over 500 signatures of people who would order a plate if available. The Carson Valley Chapter had created a 20-minute presentation which they would present to chapters across the state over the summer to try to obtain more interest.

Mrs. Chowning inquired if they had an idea of what the plate would look like, if a new design or a logo would be used or a logo. Ms. Lewis disclosed there were students working on a new design for the plate, but they had chosen to use the logo for the Nevada Agriculture Council instead as seen on the bumpersticker presented (Exhibit E). The logo had been used for a number of years and people liked the design, which was one of the most popular choices people marked for interest in plates in their survey.

Flint Wright, past state treasurer, Nevada FFA Association, explained FFA was founded in 1928 and had become the largest youth organization in the United States and the world in it’s 71 year history with a membership of over 450,000. There were over 1,000 active members located in 24 chapters in Nevada. All members were very excited about obtaining a special license plate and were working on individual marketing programs to sell the plates in their areas. Approximately 2 years ago the FFA discovered they become stagnant in their growth and required outside assistance for funding. The Nevada FFA Foundation was formed to promote FFA in Nevada and provide strategic financial resources. The mission statement along with the levels of support could best be viewed in the brochure given to the committee (Exhibit E). The money collected would be used to establish better state conventions and create more leadership opportunities for members. Currently, members paid their own way to state conventions which was not inexpensive. The revenue generated from the license plates would also go to assisting members with their expenses.

Jay Dalton, past state secretary, Nevada FFA Association, explained the money from the license plates would specifically go toward materials for leadership workshops, training, and state officer activities. The state officers would be able to return to their local chapters with greater leadership knowledge to pass on to their members. The greater the involvement on the part of the higher officers the greater the involvement of the local members who would in turn generate greater interest in FFA and recruit new members. The funding from the license plate would eventually allow all members to fully experience what FFA was about.

Mr. Collins mentioned in 1997 there had been concerns regarding where the money from the cooperative extension program in Clark County was going. They had discovered around 80 percent of the funds were going to Lincoln County to assist the FFA membership in the high school. He knew there was great potential for the special license plate to succeed.

Ms. Lewis introduced Andrea Derobertz and Anna Perry with the Carson Valley FFA Association to the committee.

Assemblywoman McClain stated she was very happy to see there were young women involved in the program because when she was in high school she had to join Future Housewives of America (FHA).

Mr. Carpenter mentioned the young gentlemen from Elko had sold lambs and calves to Mr. and Mrs. Carpenter in the past and knew they would be very successful in their marketing of a special license plate.

Mrs. Chowning mentioned part of the problem with the special license plates in the past had been that they had not been marketed successfully. She wished the members of FFA success in their endeavor.

Assemblyman Parks announced he had been a member of FFA when he was younger.

Paul Iverson, administrator, Division of Agriculture, Department of Business and Industry, testified they had been working with the FFA for a number of years. One of the main issues the department had been focusing on for the past couple of years was education. The FFA assisted the department in their educational efforts and the division would like to assist them. There were two basic industries in the State of Nevada: mining and agriculture. It was important the people of the state were educated on the industries in Nevada. The department would use the revenue from the plates to increase their educational efforts throughout the state. By working with the FFA, they were able to increase education to the high school students, and from there they would be able to increase education to the teachers.

Mrs. Cegavske commented the Assembly Committee on Ways and Means which had received a lot of information on the fire ant and bee problems in southern Nevada. She wondered if the department allowed the students to participate in the research and studies being done. Mr. Iverson explained they were trying to involve the schools in the process since it was the best way to get the word out about the problem; however, there was some hesitancy from the schools. The bees were not going to leave Clark County any time soon so some form of education would be required very soon.

Doug Busselman, representing Nevada Farm Bureau, testified in support of S.B. 339.

ASSEMBLYMAN COLLINS MOVED DO PASS S.B. 339.

ASSEMBLYWOMAN CEGAVSKE SECONDED THE MOTION.

THE MOTION PASSED WITH ASSEMBLYMEN BACHE, OHRENSCHALL, PARKS, PARNELL, AND THOMAS NOT PRESENT.

Mrs. Chowning closed the hearing on S.B. 339 and opened the hearing on S.B. 379.

Senate Bill 379: Provides for issuance of decals for license plates that display emblems or other insignia of specific military units within particular branches of Armed Forces of United States. (BDR 43-1253)

Senator Jon Porter, Clark County District 1, explained the request for the bill was made by retired State Senator Hal Smith and from a constituent in Henderson named Marion Nance.

Josh Martinez, intern to Senator Porter, testified the legislation before the committee would alter the current veteran’s license plates to allow for specific military units to be added along with the branch of the military. Using the Naval veteran plates as an example, he showed the military insignia would remain where it had been originally placed and the numbers would be shifted slightly to the right. The additional space created on the left-hand side of the plate would be where the unit insignia would be placed. DMV & PS would be responsible for the placement of the insignias which would go through the same request process as the veteran plates. The person requesting the plate would be required to show proof of service in the military and the particular unit from the United States Department of Defense. The veteran plates would still be required to be purchased so the veterans’ homes would not lose any revenue, which was raised as a concern from veterans during the Senate hearings. The cost of producing the new style of veteran plates was minimal and would be absorbed by the state, so there would be no additional charge for the plates. The veteran plates were currently produced so it was not necessary to obtain the 250 signatures normally required for specialty plates.

Mrs. Chowning inquired about the origin of the idea of adding the unit insignia. Mr. Martinez explained former Senator Hal Smith, who had been approached by various friends who had been Navy "Sea Bees", proposed the concept to Senator Porter. The Senate Committee on Transportation amended the bill to include all branches of the military and their units. The appearance of the plate came out of work sessions with DMV & PS. The department was able to alter the appearance of the current plate at a minimal cost so the veterans would not have to work through current statutes on requesting specialty plates since the veterans did not know how many people would be interested in the plates.

Mrs. Chowning praised the work done by Mr. Martinez. They were able to bring a finished product to the legislature instead of only a concept of what they desired.

Assemblyman Bache inquired if the unit insignias would only be placed on the veteran plates or if someone could request them on the general issue plates as well. Mr. Martinez stated the insignias would only be available on veteran plates since they were specific to branches of the military.

Assemblyman Claborn stated the bill was worthwhile legislation and he supported it 100 percent.

Mrs. Chowning asked Mr. Ritchie to come before the committee to answer a few questions specific to DMV & PS. She noted there was a fiscal note attached to the bill and wondered if it should be there after hearing the previous testimony. She inquired if the language in the bill was sufficient enough to limit the insignias to veteran plates. Mr. Ritchie indicated the language in the bill was correct and since DMV & PS controlled the production of the plates they would be able to limit the insignias to veteran plates. He felt with the amended language the cost of producing the plates would be minimal and there should be no fiscal note attached.

Mrs. Chowning mentioned the bill was specific to chapter 482.3763 of the Nevada Revised Statute (NRS) which was the section dealing with veteran license plates.

ASSEMBLYMAN CLABORN MOVED DO PASS S.B. 379.

ASSEMBLYWOMAN OHRENSCHALL SECONDED THE MOTION.

THE MOTION PASSED WITH ASSEMBLYMEN COLLINS, PARKS, PARNELL, AND THOMAS NOT PRESENT.

Mrs. Chowning closed the hearing on S.B. 379 and opened the hearing on S.B. 267.

Senate Bill 267: Provides for manufacturing of certain license plates under certain circumstances. (BDR 43-239)

Mr. Ritchie explained the bill was proposed by Senator Mark Amodei and would allow for the manufacture of new license plates similar to the old "blue" plates. DMV & PS supported the amended legislation and had no problems with it.

Mrs. Chowning inquired why there was a time limit of 180 days placed on the department for delivery of the plates after receiving the request. Was there the same time limit on all plates or was the deadline specific to the "blue" plates. Mr. Ritchie explained the deadline was placed into the bill so that the individuals who currently had a set of the current general issue plates and wanted a set of the "blue" plates with the same set of numbers could exchange their plates. The deadline was for the department to have the time to reproduce the plates with the same numbers and get them back to the individual.

Mrs. Chowning noted the cost of receiving the plates would be $25 beyond the regular fee. She wondered if the department knew how much money the reissuance of the "blue" plates would generate. Mr. Ritchie commented the department was unclear of the amount of interest in the general public.

Mrs. Chowning asked if someone with a set of old "blue" plates could avoid the registration fee by simply placing them on their car. Mr. Ritchie indicated it was unlikely since most of the "blue" plates currently in use needed to be replaced. The reason Senator Amodei opened the issuance of the "blue" plates to all who registered vehicles in Nevada was the legislation which was passed during the 1997 session only allowed those who currently had "blue" plates to get them refurbished, thereby creating an elite group.

Mrs. Chowning inquired if the effective date of October 1, 1999, allowed the department enough time to obtain the materials and issue a design. Mr. Ritchie responded the design of the plate would be the same as it was in 1982 when the appearance of the general issue plates was changed. The tag plant still had many of the materials needed to produce the "blue" plates.

Senator Mark Amodei, Capital District, testified the intent behind the legislation was to clean up language from 1997 and correctly reflect the intent of the original bill. Many people felt the legislature was trying to mandate they turn in their old "blue" plates, thus it became a very emotional issue. He had been advised by the Attorney General’s Office that the legislation of 1997 was unconstitutional since they could not restrict the issuance of "blue" plates to those who already had them without making it a special license plate. The Senate did not want to make the "blue" plates a specialty plate and charge people the additional fee. The bill proposed that someone who wanted a "blue" plate would be required to pay a one-time manufacturing fee and wait up to 6 months to receive their plate. The time limit was placed in the bill to allow the tag plant enough time to produce the plates in an efficient manner so they would not have to change the machinery every time they received only a few requests.

Mrs. Chowning remarked the "blue" plates would not be considered a specialty plate so people would not be required to pay the additional fee. Senator Amodei stated there would only be a one-time manufacturing fee in addition to the normal registration fees. If the plate was personalized there would be the traditional fees for personalized plates.

Mrs. Chowning inquired if it was the intention of Senator Amodei to allow those who had not lived in Nevada for a long period of time to be able to obtain one of the cherished "blue" plates. Senator Amodei stated those who desired to have one of the "blue" plates had probably lived in Nevada long enough to understand what having one of the plates meant. It would also allow those who were born in Nevada or lived in the state for a number of years, but were unable to receive one of the old "blue" plates for whatever reason to obtain them. He indicated he had received the support of Senator Jacobsen’s wife, who had been an extreme critic of reissuing "blue" plates in the past.

Assemblyman Gustavson indicated the committee had dealt with similar legislation in 1997 to refurbish the old "blue" plates but was told by DMV & PS the cost would be too great. He wondered if those with "blue" plates made prior to the final design in 1982 would be able to refurbish their plates with the same look since there had been various design changes to the "blue" plates. Senator Amodei informed the committee there were private industries which refurbished old license plates. The Senate did not want to overburden the department by requiring them to create various styles of "blue" plates. If someone had a wide-letter "blue" plate or any other of the old "blue" style plates they could have them restored through a private company.

ASSEMBLYWOMAN OHRENSCHALL MOVED TO DO PASS S.B. 267.

ASSEMBLYMAN GUSTAVSON SECONDED THE MOTION.

THE MOTION PASSED WITH ASSEMBLYMEN PARKS, PARNELL, AND THOMAS NOT PRESENT.

Mrs. Chowning closed the hearing on S.B. 267 and reopened the hearing on S.B. 153.

Senate Bill 153: Revises definition of "used vehicle" as used in provisions concerning sale of certain used vehicles. (BDR 43-193)

Mrs. Chowning informed the committee the bill had passed out of committee but it was sitting on the Chief Clerk’s desk because there was a potential problem with the language. Daryl Capurro had discovered the weight limit in the bill could cause certain problems and had presented an amendment which would correct the problem. The amendment would change the 10,000 pounds to 14,000 pounds so the bill would truly only apply to heavy duty commercial trucks with over 75,000 miles on them. The amendment had been discussed with DMV & PS and Assemblywoman Buckley.

ASSEMBLYWOMAN MCCLAIN MOVED TO ADOPT THE PROPOSED AMENDMENT TO S.B. 153.

ASSEMBLYMAN COLLINS SECONDED THE MOTION.

Mr. Bache observed since the bill was no longer in possession of the committee the Chair could present the amendment on the floor. He was unclear if an amendment could be adopted by the committee if they did not have the bill.

Mrs. Chowning indicated she could introduce the amendment on the Assembly Floor; however, she wanted the committee to discuss the amendment so they would be aware of it when it was presented on the floor.

THE MOTION PASSED WITH ASSEMBLYMEN PARKS, PARNELL, AND THOMAS NOT PRESENT.

With no further business before the committee the meeting was adjourned at 3:39 p.m.

 

RESPECTFULLY SUBMITTED:

 

 

Jennifer Batchelder,

Committee Secretary

 

APPROVED BY:

 

 

Assemblywoman Vonne Chowning, Chairwoman

 

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