MINUTES OF THE
SENATE Committee on Transportation
Seventy-First Session
May 21, 2001
The Senate Committee on Transportationwas called to order by Chairman William R. O'Donnell, at 6:21 p.m., on Monday, May 21, 2001, in Room 2144 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 Terry Care
Senator Maggie Carlton
STAFF MEMBERS PRESENT:
Donald O. Williams, Committee Policy Analyst
Joan Moseid, Committee Secretary
OTHERS PRESENT:
Dennis Colling, Chief, Administrative Services Division, Department of Motor Vehicles and Public Safety
Virginia (Ginny) Lewis, Deputy Director, Motor Vehicles, Department of Motor Vehicles and Public Safety
Dana Mathiesen, Administrator, Central Services and Records Division, Department of Motor Vehicles and Public Safety
We will open the work session on Assembly Bill (A.B.) 246.
ASSEMBLY BILL 246: Revises provisions regarding registration of motor vehicles. (BDR 43-213)
Donald O. Williams, Committee Policy Analyst:
This is a prepared work session document for the Senate Committee on Transportation, dated May 21, 2001 (Exhibit C).
Chairman O’Donnell:
It takes approximately $35 to process a check through the Department of Motor Vehicles and Public Safety (DMV/PS), and any action the DMV/PS takes would cost more than the $35, in terms of a rebate. I believe it would be prudent to limit the checks going out to a threshold of $35.
There was a suggestion made by Paul Mouritsen, (Principal Research Analyst, Research Division, Legislative Counsel Bureau), who said we could allow refunds to owners if they could show the vehicle has been sold. Processing it this way, we will be able to assure this targets the people who are residents of the state of Nevada. If they leave, we would be less concerned. However, in the spirit of fairness, if they can show they have sold the vehicle, this would certainly alleviate some of the present concerns, because if the vehicle is sold, the idea is the vehicle will be reregistered.
Dennis Colling, Chief, Administrative Services Division, Department of Motor Vehicles and Public Safety:
The department’s position on this bill is essentially neutral. We are already providing the refunds as required by law. I brought forward the information to this committee and have shown what the revenue loss is to the State of Nevada, the cities, and counties. The suggestion you are bringing forward, I believe, would have an impact on the DMV/PS. Currently, the refund is hardwired and we will need to go in and change our program to reflect any changes. It is certainly not impossible to do, but it would take some time and effort on our part.
Chairman O’Donnell:
Will it take you time and effort to do away with the program, as well?
Mr. Colling:
Not as much time and effort.
Chairman O’Donnell:
You are talking to a programmer. Is there another proposed amendment on this bill?
Virginia (Ginny) Lewis, Deputy Director, Motor Vehicles, Department of Motor Vehicles and Public Safety:
We have requested an amendment to comply with Assemblywoman McClain’s bill (Kathryn [Kathy] A. McClain, Clark County Assembly District No. 15) which involves the time limit notification for people who obtain drivers’ licenses and have not yet registered their vehicles. We needed time for that program, so we asked for January 1, 2002.
SENATOR AMODEI MOVED TO AMEND AND DO PASS A.B. 246.
SENATOR SHAFFER SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR CARLTON WAS ABSENT FOR THE VOTE.)
*****
Chairman O’Donnell:
We will open the work session on A.B. 229.
ASSEMBLY BILL 229: Declares prospective increase in number of applications that must be received by department of motor vehicles and public safety before department may design, prepare or issue future special license plates. (BDR 43-55)
Chairman O’Donnell:
We have a proposed amendment within the work session document (Exhibit C) from Ms. Lewis. Ms. Lewis, would you come forward and refresh our memories on this amendment, on the 25 percent, and where was it distributed before.
Ms. Lewis:
I went back to what happened during the 1999 Legislative Session, specifically Senate Bill (S.B.) 490 of the Seventieth Session and some of the testimony presented by Pete English, Chief, Registration Division, DMV/PS.
SENATE BILL 490 OF THE SEVENTIETH SESSION: Creates revolving account to pay for cost of issuing special license plates. (BDR 43-1608)
Ms. Lewis:
In discussing this revolving account, I believe everybody understood the need for the revolving account so the department could manufacture all of the special license plates and not delay different causes; there was always a fund to be able to go through the process this way. Mr. English said in his testimony, “25 percent or $35 of the initial issuance fee.” So, in Mr. English’s testimony, it was one or the other. Then I read more testimony and it appeared the intent was everybody thought it was going to be the $35 fee. There was testimony from Raymond (Rusty) C. McAllister, of the Professional Fire Fighters of Nevada, stating they had expected to sell more than 1000 special license plates, generating over $35,000.
What I am trying to do is get this account whole and strong. For example, if we have six or seven special plates come out of this session, I do not want to put one ahead of the another, but I am certain whoever gets to their threshold first, whether it is 250 or 1000 license plates, goes first. But I do not want to say to any one of them, “I am sorry we do not have enough money yet in the account.” If we amend the statute to allow for the $35 to go into the revolving account at the end of the fiscal year, it will make us whole and strong and we can go ahead and manufacture the plates at the end of the fiscal year. As the law currently states, anything over $50,000 in the account reverts to the highway fund.
SENATOR AMODEI MOVED TO AMEND AND DO PASS A.B. 229.
SENATOR JACOBSEN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR CARLTON WAS ABSENT FOR THE VOTE.)
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Chairman O’Donnell:
We will open the work session on A.B. 320.
ASSEMBLY BILL 320: Revises certain provisions regarding motor vehicles. (BDR 43-1096)
Dana Mathiesen, Administrator, Central Services And Records Division, Department of Motor Vehicles and Public Safety:
The title documents and secure power of attorney documents Assemblywoman Buckley (Barbara E. Buckley, Clark County Assembly District No. 8) wanted us to maintain, because they have original signatures on them, we can physically retain for one year. The certificates of registration do not have original signatures and are maintained on the computer.
SENATOR AMODEI MOVED TO AMEND AND DO PASS A.B. 320.
SENATOR SHAFFER SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR CARLTON WAS ABSENT FOR THE VOTE.)
*****
Chairman O’Donnell:
We will open the work session on A.B. 383.
ASSEMBLY BILL 383: Prohibits driver of motor vehicle from permitting person to ride upon or within certain portions of motor vehicles under certain circumstances. (BDR 43-150)
SENATOR AMODEI MOVED TO DO PASS A.B. 383.
SENATOR JACOBSEN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR CARLTON WAS ABSENT FOR THE VOTE.)
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Chairman O’Donnell:
This is a very hard bill to deal with. For a long time I have opposed this measure, and I know some of you have opposed this measure for a number of years. But the highways are getting faster, the state is becoming more populous, and we are now reading newspaper articles of the accidents occurring with children who were riding in the rear of a truck.
Chairman O’Donnell:
And after we had a hearing on this bill, I went home for the weekend and I saw a father who happened to be a fireman, with three young girls probably in the age of 4 to 7 years old, riding in the back of his pickup. I was in the fast lane and I was going 65 mph, and he passed me in the middle lane. I thought, you know, if that guy ever clipped somebody or hit somebody, those girls would be dead.
I believe it is a matter of people who do not understand. A lot of people say they think it is the law already. If you talk to anybody, they would ask, “Isn‘t that the law already?” And you have to tell them no, it is not. This is a hard one to take, but as we grow up and become more sophisticated, sometimes we have to bite the bullet and do what is right.
Senator Care:
What the fireman was doing, would you consider it an act of negligence?
Chairman O’Donnell:
It is not currently considered an act of negligence, according to the law. However, I would consider it an act of negligence.
Senator Care:
I would vote for the bill today, but I do want to talk to the sponsor of the bill about this matter, because I do not know how we can say it is against the law and then have the bill say it is not an act of negligence.
Chairman O’Donnell:
There is a bit of conflict. We will close the work session on A.B. 383 and open the work session on A. B. 540.
ASSEMBLY BILL 540: Provides for identification, registration, regulation, taxation and other treatment of recreational park trailers as recreational vehicles. (BDR 43-799)
SENATOR AMODEI MOVED TO AMEND AND DO PASS A.B. 540.
SENATOR WASHINGTON SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR CARLTON WAS ABSENT FOR THE VOTE.)
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Chairman O’Donnell:
Just so you would know, committee, Clark County legislators are highly concerned about the lines at the DMV/PS, and I found out some very interesting information today. There is a place in the law allowing us to collect 6 percent of the privilege tax, to keep as a commission. I am going to see if I can get it changed to make it 8.6 percent, so we could hire the necessary staff. What I did not realize is only 22 percent of the entire government services tax is taken by Clark County; the rest of the government services tax goes to the rural counties. So, our county is producing the money, our county residents are the ones standing in the line, and the rest of the state is getting 78 percent of the monies. For some counties, with no hotels or casinos, it is their only revenue source. So, the rest of the state gets most of the money we generate.
I am going to make a presentation regarding this situation, tomorrow, hopefully. Perhaps we southern Nevada guys can stick together and pass it out.
Chairman O’Donnell:
There being no further business, the work session is adjourned at 6:49 p.m.
RESPECTFULLY SUBMITTED:
Joan Moseid,
Committee Secretary
APPROVED BY:
Senator William R. O'Donnell, Chairman
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