The Senate Committee on Transportation was called to order by Chairman William R. O'Donnell, at 2:30 p.m., on Tuesday, May 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 David R. Parks, Clark County Assembly District No. 41

STAFF MEMBERS PRESENT:

Joan Moseid, Committee Secretary

OTHERS PRESENT:

Chairman O’Donnell opened the hearing and announced no work will take place during this meeting on the following bills: Assembly Bill (A.B.) 157, Assembly Bill (A.B.) 247, and Assembly Bill (A.B.) 329.

Chairman O’Donnell decided Assembly Bill (A.B.) 157 would be discussed during the work session.

Chairman O’Donnell decided to hold A.B. 157 due to the tie vote. Chairman O’Donnell closed the work session on A.B. 157, and opened the work session on Assembly Bill (A.B.) 59.

Warren B. Hardy, II, Lobbyist, United Road Services, testified the proposed amendment to A.B. 59 will classify low-speed vehicles to obtain special parking to park in a motorcycle space. This amendment does not increase the registration fee for the vehicles.

Senator Washington asked for clarification on the type of vehicle to which A.B. 59 pertains. David Carter, Desert Honda Suzuki, Las Vegas, responded the bill pertains to a low-speed vehicle. This vehicle is a low-speed neighborhood vehicle and is used on roadways posted at 35 mph or less.

SENATOR WASHINGTON MOVED TO AMEND AND DO PASS A.B. 59.

SENATOR WIENER SECONDED THE MOTION.

THE MOTION CARRIED UNANIMOUSLY.

*****

Chairman O’Donnell closed the work session on A.B. 59 and opened the work session on A.B. 76.

Raymond L. Sparks, Deputy Director, Public Safety, Department of Motor Vehicles and Public Safety (DMV&PS), testified originally he had some concerns transferring colors and symbols. He was most concerned with the heart symbol on the license plates and if a stolen vehicle with that symbol could be located in the national crime system. Mr. Sparks said he was able to confirm that in the event of a stolen vehicle it could be located. Mr. Sparks was also concerned the DMV&PS system in Nevada be able to accommodate a symbol.

SENATOR WASHINGTON MOVED TO AMEND AND DO PASS A.B. 76.

SENATOR AMODEI SECONDED THE MOTION.

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

*****

Chairman O’Donnell concluded the work session on A.B. 76 and opened the work session on Assembly Bill (A.B.) 188.

Russell E. Benzler, Acting Assistant Chief, Bureau of Enforcement, Department of Motor Vehicles and Public Safety (DMV&PS), testified during registration or licensing, a person is required to have an established place of business. Senator O’Donnell responded by saying A.B. 188 will bring brokers under the same ruling as automobile dealers.

SENATOR AMODEI MOVED TO DO PASS A.B. 188.

SENATOR JACOBSEN SECONDED THE MOTION.

*****

Senator Washington requested clarification with what a broker must comply, and if auto dealer refers to the broker who must have a showroom, service center, and parts and distribution service; a basic business operation. Mr. Benzler responded by saying this makes the grounds for taking an action to be consistent with other businesses. It does not require the broker to have what a dealer has. The only similarity is the grounds for removing the license.

Chairman O’Donnell closed the work session on A.B. 188 and opened the work session on Assembly Bill (A.B.) 271.

Mr. Benzler testified A.B. 271 was not designed to address dealer-to-dealer wholesale consignment nor people under Nevada Revised Statutes chapter 47. This bill will not affect salvage-yard sales. This is strictly for consumer issues.

John E. Jeffrey, Lobbyist, B and E Auto Auction, stated the salvage pool business consists of consignment cars owned by insurance companies.

SENATOR AMODEI MOVED TO AMEND AND DO PASS A.B.271.

SENATOR SHAFFER SECONDED THE MOTION.

THE MOTION PASSED UNANIMOUSLY.

*****

Chairman O’Donnell closed the work session on A.B. 271 and opened the work session on Assembly Bill (A.B.) 272.

Andrew J. Thomas, Lobbyist, Nevada Trial Lawyers’ Association, stated the benefits of the proposed amendment to A.B. 272 is that it would help to reduce the number of uninsured cars on the road. Operator-only policies issued by insurance companies cannot be used for the registration of a vehicle. The operator-only policy is different from the standard automobile policy. The standard automobile policy covers the policy holder, any family member who lives in the same household and anyone else who may drive the vehicle. The operator-only policy only covers the operator himself. If any other person drives the vehicle there is no insurance on another operator. The operator-only policy is frequently sold to people who do not speak or understand English. The proposed amendment to A.B. 272 will still allow the professional driver, such as a taxicab driver, who does not own the vehicle who needs insurance, to maintain his license.

Senator Wiener asked if a taxicab driver owned the vehicle would the provisions on the amendment to A.B. 272 be applicable. Mr. Thomas responded the amendment would only apply to the operator who must maintain his license and needs proof for DMV&PS. The owner of a commercial vehicle is a totally different provision regarding what the owner is required to possess.

Senator Care mentioned some states prohibit operator-only policies and asked Mr. Thomas if he was aware of any state that has outlawed operator-only policies. Mr. Thomas responded he is unaware of the operator-only laws of other states.

Chairman O’Donnell invited the committee to carefully review the proposed Amendment No. 745 to A.B. 272.

SENATOR SHAFFER SECONDED THE MOTION.

Senator Care stated until he has an answer to his question on other jurisdictions, he cannot vote in committee in favor of A.B. 272. If A.B. 272 is passed out of committee to the Senate Floor he will be voting for the bill.

Senator Washington commented he does not object to voting for the proposed amendment on A.B. 272; however, until the information on other jurisdictions is available he prefers not to vote on A.B. 272.

Chairman O’Donnell recommended the committee hold A.B. 272 for further discussion. He closed the work session on A.B. 272, and opened the work session on Assembly Bill (A.B.) 407.

Senator Amodei stated the justice community did not want A.B. 407. Chairman O’Donnell corrected Senator Amodei; informing him the justice community did not want the proposed amendment.

Senator Washington stated he had received a letter from the Sparks Justice Court expressing concern about increasing the number of hearings requiring DUI cases end with certain results, and then in many cases the individuals would fail to appear for their sentence. A.B. 407 would require the blood alcohol level of 0.18 be mandatory for everyone.

Senator Wiener questioned the mandatory language section 1, line 5, of "shall" be resolved to "enabling." Senator O’Donnell stated it is discretionary to appoint the first time, and the second offense is mandatory.

Chairman O’Donnell opted to hold A.B. 407 for future discussion. Senator O’Donnell closed the work session on A.B. 407, and opened the work session on Assembly Bill (A.B.) 410.

Ed Wilson, Customer Service Coordinator, Nevada Department of Transportation (NDOT), testified A.B. 410 is not applicable to NDOT at all.

Mike Weldon, Deputy Administrator, Welfare Division, Program and Field Operations, Welfare Division, Department of Human Resources, stated A.B. 410 is not required to be in compliance with the Welfare Reform Laws and automated interface is in place with the DMV&PS where nonsupporting parents can be identified. A revocation and suspension of drivers’ licenses is currently set up. Approximately $2.5 million is presently being collected under the current process.

SENATOR WASHINGTON MOVED TO DO PASS A.B. 410.

SENATOR AMODEI SECONDED THE MOTION.

THE MOTION CARRIED UNANIMOUSLY.

*****

Chairman O’Donnell closed the work session on A.B. 410 and opened the work session on Assembly Bill (A.B.) 452.

Mr. Benzler testified in opposition to the proposed amendment to A.B. 452. DMV&PS feels the proposed amendment will eliminate safeguards in dismantling, crushing or scrapping of vehicles. DMV&PS feels a 5-day waiting period would allow time to verify if a vehicle is stolen; and with the immediate turnaround of auto wrecking companies, the safety check could not be done.

SENATOR WIENER SECONDED THE MOTION.

THE MOTION CARRIED UNANIMOUSLY.

*****

Chairman O’Donnell closed the work session on A.B. 452 and opened the work session on Assembly Bill (A.B.) 457.

Michael E. Hood, Chief, Colonel, Nevada Highway Patrol Division, Department of Motor Vehicles and Public Safety, testified the highway patrol does not have a policy in effect that would prevent a citation from being issued for someone who fails to stop at a stop sign or fails to yield the right-of-way. Colonel Hood stated Nevada Highway Patrol is in favor of A.B. 452.

James F. Nadeau, Lobbyist, Captain, Washoe County Sheriff’s Office, stated in Washoe County citations are issued for the offenses which are observed.

Stan R. Olsen, Lobbyist, Lieutenant, Las Vegas Metropolitan Police Department, and Nevada Sheriffs & Chiefs Association, testified in favor of A.B. 452.

Senator Care commented Arizona is the only other state that supports aggressive driving laws. Colonel Hood stated citations can be written for aggressive driving but citations would not be issued for running a red light, or speeding. This bill would provide the opportunity to determine if aggressive driving was at fault.

James F. Nadeau, Lobbyist, Captain, Washoe County Sheriff’s Office, stated an officer cites for the most appropriate offense.

Senator Care referred to section 2, subsection 2 of A.B. 457. Senator Care understands the bill to read double jeopardy and may reflect a constitutional argument of validity.

Senator O’Donnell stated a citizen cannot be cited for speeding and charged with aggressive driving if speeding is one criterion for aggressive driving. Colonel Hood was in agreement with Senator O’Donnell.

*****

Discussion ensued regarding the 1,000 hours of working for someone else before a driving instructor could open a driver training school.

Chairman O’Donnell opted to hold A.B. 492 for future discussion. Chairman O’Donnell closed the work session on A.B. 492, and opened the work session on Assembly Bill (A.B.) 503.

*****

Senator Wiener expressed her concern was the length of time to get a court date for the accused. Tom Stephens, Director, Nevada Department of Transportation, stated the penalties listed already exist in the law; they are being identified only for clarity.

Brian Hutchins, Chief Deputy Attorney General, Transportation and Public Safety Division, Office of the Attorney General, testified the essential part of the bill is the penalties associated with the revocation of the driver’s license.

Senator Washington suggested deleting lines 13-20 on page 2, as not being necessary. Mr. Hutchins agreed the language is not needed. He added the federal law simply says the impounding and immobilization of the person’s vehicle. How that would be done has been left to each state.

Discussion ensued regarding immobilization and hardship cases, and co-ownership.

Mariah Sugden, Assistant Chief Deputy Attorney General, Transportation and Public Safety, Office of the Attorney General, commented joint ownership in a vehicle does allow for non-offender hardship cases. As far as hardship language is concerned, the federal government left that up to the states.

Mr. Hutchins noted the wording in the federal regulations does address vehicle co-ownership and hardship cases. He added the court would determine if a hardship applies.

Mr. Stephens noted revenues derived from the bill would be directed into a safety fund. He stressed it bothered him about a federal law that requires taking a vehicle in a community-property state.

Senator Washington said he was not in favor of taking the vehicle, he wanted more emphasis put on the drunk driver.

Ms. Sugden reminded the committee under current law a repeat offender could be driving within 90 days.

Chairman O’Donnell opted to hold A.B. 542 for future discussion. Chairman O’Donnell closed the work session on A.B. 542, and opened the work session on Assembly Bill (A.B.) 553.

*****

Joanne Keller, Highway Safety Coordinator, Traffic Safety Division, Department of Motor Vehicles and Public Safety, testified that for drunk drivers there are 16-17 testing devices, and two interlocking devices for vehicles. She added they use devices approved by the National Highway Traffic Safety Administration, or the crime labs perform the testing for approval of devices used in Nevada.

*****

Lawrence J. Semenza, Lobbyist, Circus Circus Entertainment Inc., stated he concurs on section 3, paragraph (b), subparagraphs (1-4).

Alfredo Alonso, Lobbyist, AMB / BTS, LLC, testified in favor of the amendments to the bill.

Senator Care disclosed that his law firm has clients in the gaming industry.

*****

Samuel P. McMullen, Lobbyist, Regional Emergency Medical Services Authority, pointed out the bill would exempt nonemergency patient transport vehicles from safety, reliability, and other regulations.

Senator Amodei stated that section of the bill would impact his area. He said nonemergency patients should also have confidence in safe transport.

Chairman O’Donnell asked Mr. McMullen to assist with language in the bill. Senator Amodei offered to assist. Chairman O’Donnell closed the work session on A.B. 628, and opened the work session on A.B. 677.

Robert A. Ostrovsky, Lobbyist, Nevada Elderly Care Providers Coalition, noted the proposed amendment to the bill removes the double jeopardy from the bill.

*****

Senator Amodei suggested the bill be put on the Consent Agenda.

*****

Chairman O’Donnell introduced Assembly Concurrent Resolution (A.C.R.) 3 for discussion.

Mr. Stephens testified it is not the intent to study every road, only certain roads, and the proposed amendment makes that clear.

*****

Assemblyman David R. Parks, Clark County Assembly District No. 41, reading from prepared text (Exhibit C), stated A.B. 458 does not apply to licensed automobile wreckers or salvage pools; nor to an owner of, or person authorized to possess a motor vehicle or part of a motor vehicle. He emphasized the bill does put Nevada on the same level with the adjoining states of Arizona and California where similar legislation has been enacted.

Stan R. Olsen, Lobbyist, Lieutenant, Las Vegas Metropolitan Police Department, and Nevada Sheriffs and Chiefs Association, stated there is already a law against possession of a stolen vehicle; A.B. 458 addresses the sale of a stolen vehicle. This will give law enforcement the opportunity to specifically inspect parts places, body shops, mechanic’s shops, etc., where parts of a stolen vehicle are interchanged with legal vehicles and then sold.

Russell E. Benzler, Acting Assistant Chief, Bureau of Enforcement, Department of Motor Vehicles and Public Safety (DMV&PS), stated the DMV&PS already has the authority to enter the premises, and inspect items on those premises, including all records and books.

Senator Care questioned what was meant by a public parking lot, and was there a limit to types of public parking lots. Mr. Benzler replied there is no expected right to privacy in a public parking lot, and the bill does not anticipate excluding casino, resort, movie, or other public parking lots.

Lieutenant Olsen stated Nevada ranks 27^th in auto thefts. Clark County ranks 27^th per 100,000 population in the United States for auto thefts in 1998. He said southern Nevada had 10,000 vehicles stolen in 1998. He added the auto-theft rings have been a serious major problem.

James F. Nadeau, Lobbyist, Captain, Washoe County Sheriff’s Office, and Nevada Sheriffs and Chiefs Association, testified in strong favor of A.B. 458.

Senator Care expressed concern as to the interpretation of inspections causing the least interruption to a business’ operation.

Lieutenant Olsen responded the Las Vegas Metropolitan Police Department (Metro) has established policy on how inspections are to be conducted. Chairman O’Donnell inquired about the types of businesses to be inspected that are not already covered by DMV&PS licensure. Lieutenant Olsen responded he did not know the specific businesses already licensed. He said the major dealers and small shops are not so much the issue as are individuals who are operating shadow businesses using their legal licenses.

Chairman O’Donnell closed the work session on A.B. 458. There being no further business, the meeting was adjourned at 4:05 p.m.

RESPECTFULLY SUBMITTED:

Laura Adler,

Committee Secretary

APPROVED BY:

Senator William R. O'Donnell, Chairman

DATE: