MINUTES OF THE
ASSEMBLY Committee on Transportation
Seventy-First Session
February 6, 2001
The Committee on Transportationwas called to order at 1:30 p.m. on Tuesday, February 6, 2001. 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
Mr. John Carpenter
Ms. Barbara Cegavske
Mr. Jerry Claborn
Mr. Tom Collins
Mr. Don Gustavson
Mr. John Jay Lee
Ms. Kathy McClain
Mr. Dennis Nolan
Mr. John Oceguera
Ms. Debbie Smith
COMMITTEE MEMBERS EXCUSED:
Ms. Genie Ohrenschall, Vice Chairwoman
GUEST LEGISLATORS PRESENT:
None
STAFF MEMBERS PRESENT:
Paul Mouritsen, Committee Policy Analyst
Jackie Valley, Personal Secretary to Assemblywoman Chowning
Sue Modarelli, Committee Secretary
Geri Mosey, Alternate Secretary
OTHERS PRESENT:
Richard Kirkland, Director, Department Motor Vehicles/Public Safety
Ginny Lewis, Deputy Director, Department Motor Vehicles/Public Safety
Russ Benzler, Compliance Enforcement, Department Motor Vehicles/Public Safety
Donna West, Field Services, Department Motor Vehicles/Public Safety
Jim Parsons, Management Services and Programs, Department Motor Vehicles/Public Safety
Chuck Connor, Motor Vehicle Information Technology, Department Motor Vehicles/Public Safety
Dana Mathiesen, Central Services, Department Motor Vehicles/Public Safety
Daryl Capurro, Executive Director, Nevada Motor Transport Association
Peter Kruger, AMS Government Affairs, and representing Nevada Petroleum Marketers
Cheryl Bromstrom, Associated General Contractors
Andrew Belanger, Southern Nevada Water Authority/Las Vegas Unified Water District
Garry Milliken, Yellow Checker Star Transportation
Dennis Colling, Department of Motor Vehicles and Public Safety
Chairwoman Chowning requested the roll be called. All members were present except Vice Chairwoman Ohrenschall who was excused.
Chairwoman Chowning presented the committee and asked each committee member to introduce him or herself and give their background.
Chairwoman Chowning mentioned that Mrs. Ohrenschall had broken her leg the previous night. She also mentioned a new Assembly house rule, which outlined a new method of voting, allowed participation and voting telephonically, and would enable Mrs. Ohrenschall to participate in upcoming meetings.
Chairwoman Chowning then introduced her personal secretary Jackie Valley and the committee secretaries, Sue Modarelli and Geri Mosey. She explained the committee would be working on all forms of transportation, from planes and trains to automobiles and the roads under them as well as monorails.
Chairwoman Chowning introduced for consideration and adoption the Standing Rules of the Assembly Committee on Transportation.
Chairwoman Chowning mentioned that some of the rules in past committee standing rules had been included in the Assembly House Rules and were no longer included in the Transportation Standing Rules.
It was noted that the copies of the standing rules in committee notebooks were titled “Education Committee” and would be corrected to the Transportation Committee, Seventy-First Session (Exhibit C).
ASSEMBLYMAN COLLINS MOVED TO ADOPT THE STANDING RULES AS DRAFTED WITH NOTATION TO CORRECT FROM EDUCATION COMMITTEE TO TRANSPORTATION COMMITTEE.
ASSEMBLYMAN CARPENTER SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
Chairwoman Chowning discussed the upcoming legislative session deadlines (legislators and committees). She noted this was the second 120-day session and that during the 1999 session all items were completed. She reminded the committee of the importance of key dates on the calendar for the 2001 session.
Paul Mouritsen, Committee Policy Analyst, highlighted the upcoming deadlines on the 120-day calendar. The first deadline was February 26, 2001 when all BDR requests were due; the committee could only introduce bills through March 26. Another important deadline was for reapportionment with the committee’s deadline of May 25. The census data would be due by April 1. The first bill deadline was April 27. Therefore, the committee must complete their work by April 16. The legislature would adjourn on June 4. He referred the committee to the table with the 120-day calendar and suggested they keep it at the beginning of their notebooks.
Chairwoman Chowning reaffirmed that the absolute last date the bills must be out of committee was April 16. Then, ten days later, by April 26 the transportation bills must be out of the Assembly and sent to the Senate. May 21 was the deadline for the bills from the Senate to come to this committee. Reapportionment must be finished and budget differences resolved by May 25.
Chairwoman Chowning introduced Paul Mouritsen, Committee Policy Analyst, who then reviewed the Committee Brief (Exhibit D) for the committee.
Mr. Mouritsen talked about the role of the policy analyst and presented highlights of his committee brief (Exhibit D). His discussion included the jurisdiction of the committee. He spoke of various reports that would be presented to the 2001 legislature and significant issues that were likely to appear.
The first item showed the summary of the jurisdictions of the committee:
· Title 32- Revenue and Taxation;
· Title 35- Highways, Roads, Bridges, Parks;
· Title 43- Vehicles and Watercraft;
· Title 44- Aeronautics;
· Title 58- Public Utilities and Similar Entities and the chapters under each section.
The second item in the summary showed the 1999 Legislative Session summary of various bills that listed the type of topics the committee would handle such as; drivers’ licenses, license plates, traffic laws, handicapped parking, motor vehicle dealers, and skydivers.
The last item in the summary listed state agencies and interest groups:
· Department of Motor Vehicles and Public Safety (DMV/PS);
· Nevada Department of Transportation (NDOT);
· Regional Transportation Commissions (RTC);
· Department of Business and Industry (DBI);
· Other Interest Groups.
Mr. Mouritsen noted he had placed names and telephone numbers for the committee’s use of these agencies and interest groups.
Chairwoman Chowning reviewed the good works and varieties of issues the Transportation Committee would hear and asked if there were any questions that Mr. Mouritsen could answer about the business of the committee.
Chairwoman Chowning thanked Mr. Mouritsen for his presentation.
Chairwoman Chowning mentioned that at times the media had said average citizens’ voices were not heard and that it was next to impossible to get something changed if you were just an average citizen. She enumerated the changes that had occurred because of the involvement of a single citizen or a group of citizens: Senator McGinness’ skydiving bill; the handicapped parking issue; Mr. Parks’ aggressive driving issue; and many special license plate bills that were passed for and at the request of the citizens.
Chairwoman Chowning then asked the committee to take action to introduce the following Bill Draft Requests (BDRs):
· BDR 35-762 - Prohibits director of department of transportation, in certain circumstances, from retaining portion of contract price of, or requiring bonds in connection with, certain contracts awarded to railroad companies. Requested from a representative of the railroad companies. (A.B. 83)
ASSEMBLYMAN NOLAN MOVED FOR COMMITTEE INTRODUCTION OF BDR 35-762.
ASSEMBLYWOMAN MCCLAIN SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
********
· BDR 43-1020 - Increased authorized weight limit for vehicles used for public mass transportation. Requested by Clark County Regional Transportation Commission (RTC). (A.B. 86)
ASSEMBLYWOMAN MCCLAIN MOVED FOR COMMITTEE
INTRODUCTION OF BDR 43-1020.
ASSEMBLYMAN NOLAN SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
Assemblyman Nolan disclosed for the record, and for application during the rest of the session, that ATC Transportation, which was a contractor of the Regional Transportation Commission in Clark County and Washoe County, was his employer and he would abstain from any discussion that could present a conflict.
Chairwoman Chowning introduced and welcomed Richard Kirkland, the new Director of Department of Motor Vehicles and Public Safety (DMV/PS).
Mr. Kirkland, stated their presentation would review the department’s activities and programs. He then introduced Ms. Ginny Lewis, Deputy Director, DMV/ PS, as a long time employee of the department, and requested she proceed with the overview and presentation (Exhibit E).
Chairwoman Chowning requested a brief summary of bills that were going to be presented specifically to this committee from DMV/PS.
Ms. Lewis mentioned to the committee that there were sets of information in their packets showing the structure of the five divisions at Department of Motor Vehicles and Public Service (DMV/PS).
Ms. Lewis gave an overview of the past 18 months and what the DMV had planned for the future. She stated the greatest challenge had been and would continue to be growth. She pointed out that the administrators and employees had been instrumental in the improvement and successes in services.
Ms. Lewis commented on the massive number of transactions that were handled by the DMV/PS. The numbers were staggering and were due to the phenomenal growth of the state.
DMV/PS’s goal and commitment were to provide service and reduce line waits to no more than one hour. Some changes that had been put in place were, streamlined processing, innovative work schedules, and additional added staff, to keep pace with state growth. A major accomplishment had been the processing of mail-in renewals which improved from 30 days to 3 days. A central telephone system center had been established in Carson City and all calls were routed there for consistent and accurate information dissemination. Que-matic centralized check-in had been implemented with an information desk which directed customers to the correct location for their transactions along with a visual document check that ensured all the information needed for transactions was in hand. New signage would help guide customers to the proper place for help. Title completion had a time reduction to less than 30 days, with all quality control done in Carson City. Twenty-five hundred insurance verification cards were being processed weekly and that number would be gradually increased. Insurance verification had made major modification agreements with the insurance industry. Another meeting had been set with the insurance industry in February to discuss new data. Customer comment cards were being distributed throughout the state.
Additionally training programs had been instituted: Millennium leadership training for computer systems; state regulations; policy and procedures; computer applications; and customer service principles (“Quest for Silver”, a customer service training program and “Quest for Gold” would teach the principles of team building).
A.B. 649 of the Seventieth Session provided for reorganization of DMV/PS, which had been successfully implemented. With the reorganization the department had been structured into five divisions.
The DMV/PS’ five division administrators are listed below and were introduced by Mr. Kirkland: Russ Benzler, Administrator Compliance Enforcement Division; Donna West, Administrator Field Services Division; Jim Parsons, Administrator Management Services and programs Division; Chuck Connor, Data Processing Manager; Dana Mathiesen, Administrator Central Services & Records Division.
The department has continued to evolve and has learned a team approach was necessary. They were defining rolls and responsibilities as well as evaluating alignment of certain programs on a daily basis.
In September 1999 a new computer system was implemented and for a period of time efficiency was totally compromised. But, the system had improved in the past year, although it functioned less than expected with many more modifications needed for more efficiency.
In 1999 Governor Guinn requested an outside review of the department. The report had been finalized and printed and would then be reviewed by all involved and distributed to all interested parties.
A.B. 584 of the Seventieth Session transferred the authority and responsibility of collection of motor vehicle fuel taxes from the Department of Taxation to the Department of Motor Vehicles and Public Safety. It was a two-stage implementation. The first stage started on January 1, 2000 for the purpose of adoption of regulations and administration matters by DMV/PS. The second stage started on January 1, 2001 when tax regulations would be drafted and finalized by the end of November 2001. Based on the final implementation, DMV/PS should be ready to collect and distribute all fuel tax monies beginning January 1, 2002.
An enforcement program was implemented by DMV/PS Motor Carrier section in conjunction with the Nevada Highway Patrol to ensure that dyed fuel (untaxed fuel) was not used for taxable purposes.
S.B. 432 of the Seventieth Session passed implementing the emission control program. The goal was to identify and remove excessively smoking trucks and equipment from the roadways or cause them to be repaired. In excess of 9,400 visual observations had been conducted with approximately $7,000 collected in fines.
The 1997 and 1999 legislative sessions enacted a law NRS 482.270 to redesign and reissue the general license plate. The method of distribution became a critical issue as 50 percent of renewal registrations were processed through alternative services (telephone, internet, mail, emission stations) and then required mailing of the plates. Additionally 6000 plates were returned monthly due to address changes. This had caused a financial burden of approximately $3.9 million, as there were estimated 1.4 million plates at $2.77 each for mailing costs. The budget only allowed $836,000 for mailing of the new plates.
Currently the Sunset plate would be issued for all new registrations for first-time customers and those who renewed would be given the option of the Sunset plate. For the first five weeks of 2001, 79,535 Sunset plates had already been issued. DMV/PS would be working with the Transportation Committee to evaluate future options for completion of the Sunset plate process.
Chairwoman Chowning inquired what the amount of the overall budget was for DMV/PS and what percentage it represented.
Mr. Kirkland responded that DMV/PS was funded from the highway fund appropriation although some budgets such as insurance verification were self-funded. The department also received commissions from the privilege tax collected, approximately $13 million.
The department budgeted $81 million a year, which represented a flat budget in accordance with instructions from the Governor’s Office regarding budgets for this biennium. As a whole, DMV/PS collected over $450 million which then was processed to the Highway Department and the various counties. Of fees that were collected at DMV/PS, customers only paid $33 for the license plate. The balance of the fee went to individual counties.
Ms. Lewis stated there was a cap of 22 percent on the funds DMV/PS collected that could be used for their expenditures, which placed a limitation on the department’s expenditures.
Assemblywoman Cegavske expressed her thanks to DMV/PS and said the presentation had answered her questions. She related a testimonial about her son who had obtained his driver’s license at the DMV/PS in Carson City and was finished within a very short time.
Chairwoman Chowning also thanked the DMV/PS team, especially for the improvement to the system and for the public’s benefit in general. The complaints had dwindled down to very few.
Chairwoman Chowning continued and mentioned that the committee had been instrumental in getting a refund to the taxpayers from the insurance verifications program. More than $600,00 had been collected from the public in error, although only $200,000 was refunded because not everyone applied for the refund.
Assemblyman Carpenter asked about the process for the new license plates, and, would the public be able to keep personalized plates.
Ms. Lewis responded that the sunset plate would be issued if you were registering a brand new vehicle. The department no longer manufactured or distributed the old plate. For a “renew” customers would be given the option of which plate they wished. The personalized plates could be transferred to the Sunset plate but would not be done until Phase II. Customers would be able to keep their existing plates. The old blue plates were exempt from the process. If any plate was totally illegible the cost would be $25 for replacement.
Assemblyman Carpenter wondered if there was any pending legislation regarding the privilege tax. He felt strongly that the name should be changed to something other than privilege tax.
Senator Coffin might introduce a bill to change the name as it was very misleading and customers did not view it as a privilege.
Assemblyman Carpenter asked about the regulations concerning how DMV/PS would collect the gasoline tax, although the regulations would not be in place until mid-November.
Ms. Lewis referred this question to Russ Benzler, Administrator of the Compliance Enforcement Division. He answered the time line would be mid- August, about four months lead-time.
Assemblyman Carpenter asked if there was going to be a bill introduced for the dyed fuel. Mr. Kirkland responded that there was a proposal for a bill draft pending, although not a DMV/PS bill, but the department would be working with others in an attempt to clarify the miscommunication in the language of the bill and would be sharing to bring a bill forward to address those problems.
Assemblyman Carpenter inquired if there were any more personnel for the Elko office. Mr. Kirkland replied that they had added one new person at the Elko office.
Assemblywoman McClain inquired about the number of customers who came to the state to get their driver’s licenses and but did not get new plates at that time. She felt we were losing money by not processing the registration at the same time. She also inquired when people moved away from Nevada, were the plates sent back. Ms. Lewis responded she did not have that information at hand and she would pull that information from the system and get back to the committee with the information requested. She also replied that DMV/PS was notified when Nevada plates were turned in.
Chairwoman Chowning inquired about the number of smog certificates and stations and if the $2 charge was enough to cover the certification. Mr. Kirkland replied there were two smog stations in the south and one in the north. DMV/PS was trying to expand to more stations. The existing process was working very well; it took approximately two minutes for Mr. Kirkland to get his certificate at the Reno station. The program needed more advertising, although legislative help would probably be needed in the future. The $2 charge seemed to be enough as his experience showed that many of the stations did not even charge that amount.
Jim Parsons, Administrator of Management Services informed the committee that public hearings were being conducted in Las Vegas on Tuesday, February 6 and in Reno on Wednesday, February 7. There would be more stations able to participate very soon.
Mr. Claborn asked that since he had lost his registration, how would he obtain another? Mr. Kirkland responded that DMV/PS could find a copy to complete his registration.
Chairwoman Chowning pointed out another accomplishment of this committee which was the unique identifier for the driver’s license number in place of social security numbers. It had become a huge problem that people’s social security numbers were so readily available and accessible to others. When customers renew they could request a unique identifier number.
Chairwoman Chowning thanked Mr. Kirkland for the information and presentation.
Daryl Capurro with Nevada Motor Transport Association (NMTA) wished to clarify why the regulations would not be in place for gasoline tax collection.
First, tax collection would not actually start being collected until January 1, 2001, and second, as the legislature was meeting now there could be changes during this session. Permanent regulation could not be adopted until after the 2001 session. Nevada Motor Transport Association has been working with DMV/PS on these regulations and the fuel tracking system with the public/private partnership between State of Nevada and Lockheed Martin Company through the Vista Program which was the program used to register and collect fuel taxes for commercial vehicles.
Chairwoman Chowning expressed her thanks to Mr. Capurro for his addition to the information on the collection of gasoline tax.
Russ Benzler, Compliance Enforcement, Department of Motor Vehicles and Public Safety reaffirmed what Mr. Capurro had stated about the gasoline tax. The target date to be fully operational and on line was July 2001.
Chairwoman Chowning asked if there were any other questions.
Chairwoman Chowning welcomed Peter Kruger of Nevada Petroleum Marketers Association. She reminded the committee of the visual aids that Mr. Kruger brought for his past demonstrations. Mr. Kruger reaffirmed (from his demonstration in 1999) that propane was a liquid.
Chairwoman Chowning discussed the three field trips this committee would take including the tour on February 8, 2001, of the Department of Motor Vehicles and Public Safety (DMV/PS). On February 15, 2001, there would be a tour of the Northern Nevada Correctional Facility, License Plate Factory. A tour to the Nevada Department of Transportation (NDOT) would be scheduled later in February. She said that the DMV/PS trip on Thursday, February 8, 2001, would also be open to the public.
Assemblyman Collins would like to have Nevada establish Ports of Entries. He felt there was a need to stop and inspect vehicles at Nevada’s borders. Tour buses that are unsafe, uninsured vehicles as well as unlicensed drivers, vehicles carrying products that were evading our taxes, as well as nuclear waste would be inspected if we established Ports of Entries. It would also give us the ability to collect more taxes on building and landscaping materials being brought into southern Nevada.
Mr. Kirkland of DMV/PS responded that at present there were no Ports of Entry in Nevada, only a few truck inspection stations. He did not know of any one
upcoming central bill that would address this issue however the Department of Motor Vehicles and Public Service (DMV/PS) would be making a number of recommendations to the legislature. Those pending related recommendations would give this committee an opportunity to deal with these concerns.
There being no further business, the meeting was adjourned at 3:02 p.m.
RESPECTFULLY SUBMITTED:
Sue Modarelli,
Committee Secretary
APPROVED BY:
Assemblywoman Vonne Chowning, Chairwoman
DATE: