The Senate Committee on Transportation was called to order by Chairman William R. O'Donnell, at 1:45 p.m., on Thursday, March 11, 1999, in Room 2149 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. All exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.

COMMITTEE MEMBERS PRESENT:

Senator William R. O'Donnell, Chairman

Senator Mark Amodei, Vice Chairman

Senator Lawrence E. Jacobsen

Senator Maurice Washington

Senator Raymond C. Shaffer

Senator Valerie Wiener

Senator Terry Care

GUEST LEGISLATORS PRESENT:

Assemblyman Mark A. Manendo, Clark County Assembly District No. 18

STAFF MEMBERS PRESENT:

Crystal Suess, Committee Secretary

OTHERS PRESENT:

Chairman O’Donnell indicated the meeting would commence as a work session He maintained the first order of business would be directed towards several bills. Chairman O’Donnell opened the work session on Senate Bill (S.B.) 174.

Ken T. Lambert, P.E., Project Manager, Design Engineering Division, Public Works Department, Clark County, proposed a solution to the Desert Inn Road access by developing a U-turn. He stated the Public Works Department drew up a plan (Exhibit C) specifically for eastbound traffic on Desert Inn Road to have access to westbound Desert Inn Road. The owners of the businesses on the westbound side of Desert Inn Road expressed their concern about the signage that exists to date. Mr. Lambert pointed out the second page of the plan (Exhibit C) shows an inventory of the signs which are presently in existence. The consensus of the business owners is the signs do not provide adequate direction for motorists to gain access to the north side of Desert Inn Road. He explained there are no opportunities to make left turns once you are eastbound on Desert Inn Road, and past Valley View Boulevard the only opportunity to have access to West Desert Inn Road would be through the U-turn maneuver. The Public Works Department feels the solution, designed by their office and the representatives of the businesses in the area, includes the addition of two new signs. Mr. Lambert stressed the signs would be located specifically on the southwest corner of Desert Inn Road and Procyon Avenue, with the second sign located along the south side of Desert Inn Road next to Polaris Avenue. The signs would be overhead signs as opposed to the signs located in the median.

Chairman O’Donnell questioned the estimated cost of the project. Mr. Lambert responded the Public Works Department estimates $150,000 for the new signs, removal of the existing signs, and the road striping.

Chairman O’Donnell asked if the Public Works Department feels comfortable with the U-turn idea as opposed to a curb cut. Mr. Lambert replied the Public Works Department feels the curb cut would introduce more problems due to the high speed limit on Desert Inn Road.

Chairman O’Donnell inquired if there were any questions.

Senator Jacobsen stated "a picture is worth a thousand words," for those people that do not live in Las Vegas would not have any idea what is being talked about.

Chairman O’Donnell asserted if there was going to be a $150,000 cost on the project, the bill would have to be amended and re-referred to the Senate Committee on Finance.

Senator Shaffer inquired as to whether there was ever any interest charged on fees owed the Department.

Clay Thomas, Assistant Chief, Motor Carrier Bureau, Registration Division, Department of Motor Vehicles and Public Safety, stated the interest would accrue at 12 percent per annum on any unpaid portion of fees past due. The other possibility the department is interested in is filing liens on the property in which the fees are delinquent. He pointed out it is the understanding of the department the lien process will enable the state to collect the unpaid fees when the property owner sells said property.

Chairman O’Donnell inquired about the type of liens the department planned to use and what would be determined as property that could have a lien filed against it. Mr. Thomas stated in the past when money was owed, and with the time delay getting into court, the property was sold and then the amount owed becomes a bad debt, sometimes even uncollectible.

Chairman O’Donnell reiterated his question of what was being taxed. Mr. Thomas responded the taxes and fees would be from any monies owed to the department for registration or any monies owed for operating a vehicle in the State of Nevada.

Chairman O’Donnell asked about the second part of the bill which repeals a requirement that owners of vehicles used to produce motion pictures; transport property for conventions, shows, exhibitions, sporting events, carnivals and circuses; or attend livestock shows or sales, obtain a special-fuel user’s license. He stated what that really means is they are exempt from having to file a statement of how much fuel they use. He questioned the purpose of that particular provision.

Mr. Thomas pointed out, the department had contacted the State of Idaho which informed the department they have three carnivals which are based in their state. The information that was given revealed 40 percent of the miles traveled were, in fact, through the State of Nevada which equates into approximately $14,500 for roadway use that the State of Nevada was not able to collect or was not given. Mr. Thomas stated the department also contacted the State of California to address the issue of the movie companies. The State of California responded any movie company that is part of the International Registration Plan (IRP), their base state automatically collects the money and forwards it to the state for the period of time that the company is in that particular state. In fact the department found the State of California is giving the State of Nevada monies due from movie companies at this time. He emphasized the department is asking to change this law so that those who were previously exempt must register with the department and, at such time, those funds would go back to their base state. The State of Nevada could collect for use while these companies are traveling through the State of Nevada.

Chairman O’Donnell recited the final action of S.B. 202 provides that when a user of special fuel is entitled to a refund for a portion of the tax he has paid, said refund may be credited toward the payment of vehicle privilege taxes or registration fees that particular user owes the State of Nevada.

Senator Wiener explained she was unaware that a special-fuel user’s license was in effect for carnivals and such passing through the state. It was her belief they only paid if they performed within the state. She further inquired if all 50 states collect these fees.

Mr. Thomas agreed that was correct; all other states participate in the International Fuel Tax Agreement (IFTA). That involves base-state operation, in which the fees are paid to the base state and then that particular state distributes the funds accordingly.

Senator Wiener queried how many other states are exempting these fees. Mr. Thomas replied Nevada is the only state which exempts these fees.

Senator Neal asked if those fees apply even when they pass through the State of Nevada. Mr. Thomas concurred that was correct; any roadway use, anytime they are within the borders of Nevada the fees are for roadway use.

Senator Jacobsen commented, while sitting in on other committees, he was informed that approximately $150 million was outstanding within the state, which covered all different agencies which have taxing authority. He stated it looks as though there should be a balanced effort to collect these delinquent debts. He also pointed out it was brought to his attention the sum of $50 million was uncollectible due to the inability to keep track of the debtors. He further asserted there should be one specific agency that would handle the collection of these debts.

Chairman O’Donnell stated, usually when you register a car you pay the fees right then and there; otherwise, you have an expired tag and you cannot drive your vehicle.

Mr. Thomas maintained most individuals pay the registration fees by check. The check may be returned but the owner has a valid sticker.

Senator Washington questioned in section 2, subsection 2, of S.B. 202 it states that the lien continues for 5 years, and wondered if that meant the lien is expired or released. Mr. Thomas emphasized that was in fact correct, except if the monies are still owed the lien can and will be reinstated.

Senator Washington inquired if the debtor was out of state could a lien still be effectively placed on property not within the state. Mr. Thomas stated yes, in fact that was correct. The process follows the debtor wherever they go, and if they tried, for instance, to buy a home in Ohio and owed a lien to the State of Nevada, or anyone else for that matter, the debt would have to paid in full before financing would be granted.

Daryl E. Capurro, Lobbyist, Nevada Motor Transport Association, stated this bill will conform the law with what the State of Nevada has to do under IRP and mandated to do by the federal government. There may very well be other provisions in the law that are outdated; but, with respect to this issue, this part must be taken care of with this bill.

Chairman O’Donnell stated the next order of business would be S.B. 266. He further questioned about the $15 fee and how many more people were going to be hired as a result of the increased fees.

Owen Ritchie, Assistant Chief, Registration Division, Department of Motor Vehicles and Public Safety, declared even if the Department of Motor Vehicles and Public Safety (DMV&PS) receives the $15 fee it does not return to the department; it is deposited into the Highway Fund.

Chairman O’Donnell questioned if it was the intent of the DMV&PS to hire another employee to handle the mailed-in renewals.

Mr. Ritchie asserted the title windows that are currently open are there to provide express service. The DMV&PS used to offer dealers express mail titles and the department would process them in 3 days. What the DMV&PS found is that more and more people were in need of a title "today."

Chairman O’Donnell inquired about the "three-title limit" the DMV&PS imposed; if that was just policy and why. Mr. Ritchie expressed if there was not a "three-title limit," the window would be tied up at all times which does not constitute an "express window."

Chairman O’Donnell claimed if the DMV&PS was going to assert a $15 fee, and not offer to the public in return faster service or more employees, whereby the load could be handled in a more timely fashion, for what exactly is it the department will use this fee?

Mr. Ritchie concluded the fees would be to open more title windows. He further stated the only cities that have title windows are Henderson, Las Vegas and Carson City.

Chairman O’Donnell clarified the department was planning to open more title windows but had no intention of hiring extra people to staff those windows. Mr. Ritchie answered no. Chairman O’Donnell insisted more title windows should mean more staff. Mr. Ritchie claimed the department utilizes people from the regular windows to staff the new title windows, thereby sacrificing one program to do another.

Chairman O’Donnell emphasized the department was going to tax the people $15, but take away a service from one place to another.

Mr. Ritchie noted the department had not noticed whether or not it makes a lot of difference, but yes that is exactly right.

Chairman O’Donnell pointed out there are a group of people in Clark County that are sending three titles at a time by federal express, and it is costing them somewhere around $22 to $27 per package just for the DMV&PS to process and send back. He added they could put ten titles in that same envelope, but because DMV&PS policy says they can only send three at a time, these individuals have to pass another added expense to the consumer.

Mr. Ritchie said if dealers put in ten titles the DMV&PS could not guarantee the 3-day turn around that is being requested.

Chairman O’Donnell expressed, dealers need the titles right away, if they are willing to pay for the service, and an employee is going to cost you $120 per day who is already doing 80 titles a day. The calculations show the state is still going to make money. He stated he would rather take this bill and add a couple of employees for special titles and do it right. He further stated he would like to hold this bill for further amendments.

Senator Jacobsen asked if Project Genesis will have any effect on this.

Mr. Ritchie acknowledged Project Genesis would enter the title into the computer and be generated in 4 or 5 days instead of the present 14-day turnaround, because the titles will be written and generated on-site.

Chairman O’Donnell clarified S.B. 266 would be held and moved to the next order of business; he then introduced Senate Bill (S.B.) 268.

Senator Jacobsen questioned if anyone knew how long it took to appraise a vehicle.

Clark C. Whitney, General Manager, Quality Towing, replied the process consists of filling out a form and checking blue book value. It also depends on the age of the vehicle. He further stated the process should take approximately 15 minutes.

Chairman O’Donnell opened discussion on Bill Draft Request (BDR) 58-1607.

Chairman O’Donnell stated it was his belief that two tow car companies had been purchased by a national corporation and both companies were on rotation. He emphasized when the companies merged, they could not be paid for both tow cars. This bill straightens out that situation.

Charlene Brundle, Assistant Sergeant at Arms, Nevada Assembly, spoke in favor of S.B. 300, with the permission of her employer. Ms. Brundle stated her only sister, JoDee Arlene Campeau, was involved in a motor vehicle accident which took her life on December 23, 1998. She hit an abandoned vehicle that had been left in the emergency lane on U.S. 50. She was only 17 years old. The abandoned vehicle was not off the paved or maintained part of the highway, not unlike in the photos of these vehicles (Exhibit D). The vehicle had been there for 5 days. The death toll has doubled from three deaths in 1997 and six deaths in 1998.

Senator O’Donnell commented on the fatality rate, and asked the purpose of the bill.

Wanda Campeau, Concerned Citizen, mother of JoDee Campeau, questioned what the time frame is for the removal of an abandoned vehicle. She further stated that she had called the sheriff’s department and asked that these abandoned vehicles be removed. She has only received information it was not the responsibility of the sheriff’s office, and that she needed to call the highway patrol.

Chairman O’Donnell explained the Senate had addressed a bill that dealt with parking in the emergency lane. Senator Wiener stated she believed the previous bill dealt with traveling in the emergency lane. Chairman O’Donnell countered the bill addressed both traveling and parking.

Mrs. Campaeu iterated she would never want another person to have to go through what her family has gone through with the sudden loss of their daughter.

Senator Jacobsen inquired if a highway patrolman or law enforcement official showed up at the scene of the accident.

Mrs. Campeau answered a friend had come to pick up her and her husband. They proceeded to the scene of the accident, and a Lyon County sheriff’s deputy was there and calling in the "Care Flight" emergency helicopter.

Senator Jacobsen questioned if the Campeau family had seen a copy of the police report. Mrs. Campeau emphasized she could not bear to see the police report. Senator Jacobsen acknowledged and asked for clarification whether or not the abandoned vehicle was illegally parked. Mrs. Campeau and Ms. Brundle responded the Lyon County Sheriff’s Department told them the vehicle was in fact legally parked.

Senator Jacobsen queried about the length of time the statute states.

Chairman O’Donnell asserted it was his belief the law enforcement agency could remove the vehicle if it caused a hazard.

Senator Washington stated law enforcement officials could issue a junk certificate to allow these vehicles to be towed.

Mr. Capurro stated the bill they had discussed in a previous session did not deal with the issue of towing vehicles not because they were a road hazard but because they were deemed as "abandoned for junk;" therefore a certificate could be issued.

Chairman O’Donnell insisted upon reading Nevada Revised Statutes (NRS) 487.205, which is directly involved with the bill in question. He further questioned Mrs. Campeau if she had sought legal counsel, because the law is fairly clear.

Senator Amodei commented that by the books he had looked at it was against the law for that abandoned vehicle to be there for 5 days without being removed.

Chairman O’Donnell asked for further testimony on S.B. 300.

Mr. Capurro pointed out there is a provision under NRS 487.230 that gives the authority to any law enforcement official to have abandoned vehicles towed.

Mr. Whitney expressed that his towing company had gotten together with the DMV&PS, and came to the conclusion that a currently registered vehicle could not be deemed as abandoned. The DMV&PS then decided a currently registered vehicle could in fact be abandoned and thereby could be towed. The towing company has to notify the registered owner and, if no response is received, the DMV&PS then issues a junk certificate so the vehicle can be sold or removed from the impound lot.

Senator Amodei requested information on the notification procedure. Mr. Whitney conferred if it is a Nevada registered car the towing company gets a copy of the title from the DMV&PS and notification is then sent by certified mail.

Senator Wiener inquired about the timelines of the notification process. Mr. Whitney replied normally by the fifth day, the certified mail is sent and that requires a couple of extra days. In Nevada the law states the attempt to notify must be attempted within 15 days or you cannot charge storage or towing fees.

Senator Jacobsen questioned if as soon as the tow company hooked onto the vehicle, if the vehicle was then their responsibility. Mr. Whitney stated yes, his insurance covers any vehicle they tow.

Mr. Capurro regarded this bill stems from a past definition; a vehicle that has been "discarded" does not provide the comfort level to the highway patrol or the DMV&PS to issue a junk certificate. He reiterated what Mr. Whitney had said about the current registration, then the vehicle was not "discarded," even if it was abandoned.

Senator Jacobsen asked if Mr. Nadeau would tell the committee what the procedure is for abandoned vehicles in Washoe County.

James F. Nadeau, Lobbyist, Captain, Patrol Division, Washoe County Sheriff’s Office, responded the process is, if the vehicle is not blocking traffic or the flow of traffic it may sit there for up to 72 hours. If it is determined that the vehicle is abandoned, the sheriff’s department is required by statute to give a 72-hour notice which is done with a very large orange sticker. If the vehicle is not removed within the time allotted, then the vehicle is towed.

Senator Jacobsen questioned if the sheriff’s department puts the 72-hour sticker on the vehicle, if the department then takes responsibility for the vehicle.

Captain Nadeau noted, no responsibility is taken by the department until the vehicle is towed.

Senator Washington queried if the procedure varied from county to county. Captain Nadeau commented the policy and each case varies from different counties depending upon the circumstances.

Assemblyman Mark A. Manendo, Clark County Assembly District No. 18, stated the bill from last session Assembly Bill (A.B.) 7 of the Sixty-ninth Session, dealing with handicapped parking, is doing very well.

Assemblyman Manendo pointed out volunteers have been properly trained to issue citations to vehicles illegally parked in handicapped spaces. During the course of the interim, it was thought that community service should be an added punishment as well as a fine for second- or third-time offenders parking in handicapped spaces. A.B. 45 incorporates community service into the standing bill for repeat offenders. He further stated second-time offenders shall be subject to not less than 8 hours and not more than 50 hours; and on the third and subsequent offenses, not less than 25 hours and not more than 100 hours. The sentence would be at the discretion of the judge.

Senator Wiener inquired if there was a formula for the ranges of these offenses. Assemblyman Manendo said no, the general feeling was the hours were reasonable. Public service announcements would help to deter people who repeatedly offend because now they would also have to do community service hours and pay a fine.

Senator Wiener asked if there were any statistical data on how well A.B. 7 of the Sixty-ninth Session was doing.

Assemblyman Manendo explained he felt the volunteers were doing an excellent job and stated that when the program opened on July 1, 1998, one hour into the program they had already written a ticket. He further commented that he did not have the numbers of citations issued but would gladly provide that information.

Senator Wiener inquired as to how many volunteers the program had and what type of training they receive.

Assemblyman Manendo emphasized the volunteers work in teams of two, they are equipped with radios and go through extensive training in dealing with most situations which arise from dealing with the public. As to the numbers of volunteers, he was not sure at this point.

Vice Chairman Amodei commented the penalty with this bill is a misdemeanor.

Senator Jacobsen asked who the offenders report to for their community service work. Assemblyman Manendo stated the offenders reported to the probation department.

Senator Washington commented he would like to readjust the hours; he felt the hours for second or third offenders were very long.

Assemblyman Manendo pointed out for people that park in disabled spaces and are continually breaking the law, the monetary loss is not getting the job done. It would be up to the judge on the total hours of community service work sentenced.

Senator Washington asked Captain Nadeau if there had been a reduction in handicapped parking violations in Washoe County. Captain Nadeau commented this program had not been implemented in Washoe County.

Vice Chairman Amodei asked if there was any further discussion, being none the meeting was adjourned at 3:20 p.m.

RESPECTFULLY SUBMITTED:

Crystal Suess,

Committee Secretary

APPROVED BY:

Senator William R. O'Donnell, Chairman

DATE: