The Senate Committee on Transportation was called to order by Chairman William R. O'Donnell, at 1:15 p.m., on Tuesday, March 30, 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 Valerie Wiener

Senator Terry Care

Senator Maurice Washington

COMMITTEE MEMBERS ABSENT:

Senator Raymond C. Shaffer (Excused)

GUEST LEGISLATORS PRESENT:

Senator Jon C. Porter, Sr., Clark County Senatorial District No. 1

STAFF MEMBERS PRESENT:

Joan Moseid, Committee Secretary

OTHERS PRESENT:

Wayne A. Frediani, Lobbyist, Nevada Franchised Auto Dealers Association

Bill Bradley, Lobbyist, Nevada Trial Lawyers Association

Mary E. Henderson, Lobbyist, City of Reno

Ed Gobel, Lobbyist, Council of Nevada Veterans Organizations

Chairman O’Donnell opened the hearing with a report from the subcommittee on Senate Bill (S.B.) 267.

Senator Amodei reported on the subcommittee hearing on S.B. 267. It was determined a consensus amendment with the Department of Motor Vehicles and Public Safety was agreed upon. The proposed amendment has been submitted to the Legal Division for drafting and based on the returned amendment, the subcommittee will recommend do pass and amend on S.B. 267. The recommended action will be brought back to the full Senate Committee on Transportation once the proposed amendment is returned from the Legal Division.

Chairman O’Donnell closed the subcommittee hearing on S.B. 267 and opened the hearing on Senate Bill (S.B.) 379.

Senator Jon C. Porter, Sr., Clark County Senate District No. 1, testified former Senator Hal Smith from Henderson, Nevada requested this bill. Senator Porter explained an existing plate can be used for all veterans from all branches of the armed forces. An emblem would be provided to be used on all veteran’s license plates. Senator Porter read a proposed amendment to S.B. 379 (Exhibit C).

Pete English, Chief, Registration Division, Department of Motor Vehicles and Public Safety, (DMV&PS) testified this license plate is currently available to veterans of various branches of the armed services. The insignia of each branch of service is available, as an emblem. The proposed amendment to S.B. 379 is the insignia for the branch of service will be placed on the far right side of the plate. This will allow the current license plates to be used and would eliminate the need to create a new plate.

Josh Martinez, Intern for Senator Jon C. Porter, Sr., Clark County Senatorial District No. 1, testified the Department of Motor Vehicles and Public Safety (DMV&PS) was asked to move the numbers on the license plate to the far left which would allow room on the right side of the plate for the insignia for the branch of military service; by doing so, this would eliminate the additional cost to produce a new license plate and no additional fee would be incurred by an individual or the state. The insignia sticker and clearance will be requested from the United States Department of Defense. The person requesting the branch insignia will have to show proof of their branch of service. The veterans’ plate would have to be held by a veteran, prior to issuance of the sticker. The money from the veterans’ plate will continue to be distributed to the veterans’ home. No additional cost will be incurred to the state or to the person requesting the sticker.

Pete English, Chief, Registration Division, Department of Motor Vehicles and Public Safety, stated the sticker is produced at minimal cost and DMV&PS would absorb the cost of the sticker into the cost of the license plate. This method is much more cost-effective rather than to request the sheeting for a new license plate.

Senator Wiener asked Mr. English if the 250-minimum plate requirement is necessary to begin production of this license plate and would the veteran requesting the emblem be guaranteed the license plate number they requested. Mr. English responded by stating the same plate would be given to the veteran if it is requested and the emblem would be affixed. There is no additional cost for this plate.

Senator Care posed the question if a veteran belonged to more than one branch of the service how would the license plate reflect multi-branches. Mr. English responded the veteran would select the one branch of service desired to be represented on the license plate.

Chairman O’Donnell closed the hearing on S.B. 379 and opened the hearing on Senate Bill (S.B.) 490.

Mr. English, testified S.B. 490 creates an enterprise fund to enable production of special plates. Mr. English reviewed the proposed amendment (Exhibit D) to S.B. 490, with the committee.

Senator Amodei asked if the amendment would enable DMV&PS to control funding for special plates. Mr. English replied this would create a reserve which would be available to DMV&PS to create specialized license plates.

Senator Wiener asked Mr. English if the $50,000 set-up fee would come from the General Fund. Mr. English commented the one-time appropriation is start-up money to begin the program until it becomes self-sufficient.

Chairman O’Donnell asked Mr. English about maintaining separate accounts for each type of special license plate. The DMV&PS maintains tracking for special plates for the universities, veteran’s home, and athletic departments and the accounts for each plate issued. Chairman O’Donnell asked how the initial funding is placed in the account. Mr. English responded a one-time appropriation request is before the finance committee. As special plates are produced and sold they will fund the next group of special plates. Mr. English stated 25 percent, or $35 of the initial issuance fee will be deposited into the account. Any money remaining will be deposited into the General Fund.

Chairman O’Donnell closed the hearing on S.B. 490 and opened the work session on Senate Bill (S.B) 165.

Chairman O’Donnell referred to the proposed amendment to S.B. 165. Senator Jacobsen requested the committee hear from various agencies of public safety and telecommunications.

Richard A. Sheldrew, Communications Manager, Nevada Department of Transportation, testified S.B. 165 deals with the operators and dispatchers of telecommunications. Mr. Sheldrew pointed out the various state agencies that use telecommunication devices.

Judie Fisher, Lobbyist, Carson City, stated a proposed amendment to S.B. 165 includes two additional members from the field of law enforcement; one from the community college, because of their involvement with the competencies of the training; and one member representing transportation or public safety fields defined under the U.S. Code of Federal Regulations, Title 47, Part 90.

Mr. Sheldrew added the above would include all aspects of public safety local government; fire, highway maintenance, ambulance services, forestry, and law enforcement.

Chairman O’Donnell remarked S.B. 165 has to be re-referred to finance. This is a procedure to establish an account for the budget director and staff to ensure the financial aspects of S.B. 165 be handled properly.

Chairman O’Donnell closed the hearing on S.B. 165 and asked for a motion to amend and re-refer S.B. 165 to the Senate Committee on Finance.

SENATOR AMODEI MOVED TO AMEND AND RE-REFER S.B. 165 TO

THE SENATE COMMITTEE ON FINANCE.

SENATOR WIENER SECONDED THE MOTION.

THE MOTION CARRIED. (SENATOR SHAFFER WAS ABSENT FOR THE VOTE.)

*****

Chairman O’Donnell opened the work session on Senate Bill (S.B.) 266.

Chairman O’Donnell requested Pete English, Chief, Registration Division, Department of Motor Vehicles and Public Services testify on the number of titles which are currently processed at DMV&PS. Mr. English stated 90,000 titles process through the department and are handled for dealers. Senator O’Donnell asked what is a reasonable fee, and what additional staff would be necessary for prompt processing of the titles. Mr. English replied, without a great amount of time to research the answer to Senator O’Donnell’s question, he believes two additional staff would be placed in the processing position. The cost would cover two positions at $90,000 per year or a one dollar, perhaps a two dollar, fee per processing request. Currently, expedited title service is available with a limit of three searches per customer and this service is available at three locations.

Wayne A. Frediani, Lobbyist, Nevada Franchised Auto Dealers Association, testified in support of the proposed amendment to S.B. 266. He mentioned the progress from legislation in the last few years, regarding title work, has been outstanding. There is no longer a wait of 90 to 100 days for title information.

Chairman O’Donnell proposed an amendment to S.B. 266 which would allow a minimum of three expedited title registrations at a fee of $35 each. If the request is beyond the limit of three there will be an additional $5 per request.

SENATOR AMODEI MOVED TO AMEND AND RE-REFER S.B. 266 TO SENATE COMMITTEE ON FINANCE.

SENATOR WASHINGTON SECONDED THE MOTION.

THE MOTION CARRIED. (SENATOR SHAFFER WAS ABSENT FOR THE VOTE.)

*****

Chairman O’Donnell closed the work session on S.B. 266 and opened the work session on Senate Bill (S.B.) 302.

Chairmen O’Donnell requested a proposed amendment to S.B. 302. Senator O’Donnell suggested the bill include all automatic gates provided the audible alarms have no more than 60 decibels. Sixty decibels is the volume of two people talking, 3 feet apart. This would provide a warning for something about to happen. Also, the amendment to S.B. 302 should include the manufacturers of existing gates to conform to the bill.

SENATOR WASHINGTON MOVED TO AMEND AND DO PASS S.B. 302.

SENATOR AMODEI SECONDED THE MOTION.

THE MOTION CARRIED. (SENATOR SHAFFER WAS ABSENT FOR THE VOTE.)

*****

Bill Bradley, Lobbyist, Nevada Trial Lawyers’ Association, testified a similar tragedy just took place in Chicago, where a woman was killed. Mr. Bradley informed the committee the gate was manufactured by the same company that was involved with Chairman O’Donnell’s accident. The Nevada Trial Lawyers Association strongly supports S.B. 302. There is a problem with these gates and hopefully passage of this bill will prevent similar tragedy from occurring again.

Senator Care questioned if S.B. 302 applies to gates on private property. Chairman O’Donnell clarified this bill only applies to a gate which egresses to a public street.

Senator Wiener asked for effective dates pertaining to this legislation and how the information about this new law will be disseminated to gate companies and to the general public. Chairman O’Donnell stated gates must be in compliance with the law by January 1, 2000.

Chairman O’Donnell closed the work session on S.B. 302 and opened the work session on Senate Bill (S.B.) 336.

Chairman O’Donnell requested Mary E. Henderson, Lobbyist, City of Reno, justify the reason Washoe County is opposed to S.B. 336. Chairman O’Donnell stated Washoe County is the only district which is opposed to this bill.

Ms. Henderson, testified the reason for opposition is all three local governments, Washoe County commission and the two city councils voted to oppose S.B. 336, as well as the Regional Transportation Commission (RTC) Board. It is felt this board is already a duly elected regional board established by this body who make difficult decisions pertaining to taxation issues and roads. It is felt there is no assurance the Assembly or Senate person on the board would be from northern Nevada.

Senator Washington stated it is incumbent upon the RTC, as well as the Regional Planning Commission to present a master plan to the Northern Nevada legislators prior to the opening of the legislative session.

Chairman O’Donnell recommended the Senate Committee on Transportation retain S.B. 336 for further discussion on the issues, until the next Senate Committee on Transportation hearing.

Chairman O’Donnell closed the work session on S.B. 336 and opened the work session on Senate Bill (S.B.) 338.

Chairman O’Donnell proposed any building with 60 parking spaces or greater have at least one van-accessible handicapped parking space. Senator O’Donnell

noted a placard should specify, " van-accessible loading area;" the public does not realize the striped zone of the handicap parking area is for the handicapped. It is not a loading zone.

Ed Gobel, Lobbyist, Council of Nevada Veterans Organizations, testified he is in agreement with the proposed amendment to S.B. 338.

Chairman O’Donnell accepted a motion to amend and do pass S.B. 338.

SENATOR AMODEI MOVED TO AMEND AND DO PASS S.B. 338.

SENATOR JACOBSEN SECONDED THE MOTION.

THE MOTION CARRIED. (SENATOR SHAFFER WAS ABSENT FOR THE VOTE.)

*****

Senator O’Donnell closed the work session on S.B. 338 and opened the work session on Senate Bill (S.B.) 442.

Senator Wiener expressed concern with the deletion of, "during the daylight hours" from S.B. 442, as a safety issue.

Senator Washington commented, during nighttime, driving at increased speeds, headlights are unable to distinguish curves. Senator Washington stated prudent drivers should be able to determine safe driving conditions.

SENATOR AMODEI MOVED TO AMEND AND DO PASS S.B. 442.

RESPECTFULLY SUBMITTED:

Mary Soscia,

Committee Secretary

APPROVED BY:

Senator William R. O'Donnell, Chairman

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