REQUIRES TWO-THIRDS MAJORITY VOTE (§ 10) exempt
(REPRINTED WITH ADOPTED AMENDMENTS)
FOURTH REPRINT A.B. 460
Assembly Bill No. 460–Assemblyman Parks
March 19, 2001
____________
Referred to Committee on Transportation
SUMMARY—Creates legislative committee on transportation and revises provisions governing fees collected by short-term lessors of passenger cars. (BDR 17‑589)
FISCAL NOTE: Effect on Local Government: No.
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EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Chapter 218 of NRS is hereby amended by adding thereto
1-2 the provisions set forth as sections 2 to 7, inclusive, of this act.
1-3 Sec. 2. As used in sections 2 to 7, inclusive, of this act, unless the
1-4 context otherwise requires, “committee” means the legislative committee
1-5 on transportation.
1-6 Sec. 3. 1. There is hereby created a legislative committee on
1-7 transportation. The committee consists of:
1-8 (a) Four members appointed by the majority leader of the senate, at
1-9 least two of whom must have served on the senate standing committee
1-10 which had jurisdiction of issues relating to transportation during the
1-11 immediately preceding session of the legislature.
1-12 (b) Four members appointed by the speaker of the assembly, at least
1-13 two of whom must have served on the assembly standing committee
1-14 which had jurisdiction of issues relating to transportation during the
1-15 immediately preceding session of the legislature.
1-16 2. The members of the committee shall elect a chairman and vice
1-17 chairman from among their members. The chairman must be elected
1-18 from one house of the legislature and the vice chairman from the other
2-1 house. After the initial election of a chairman and vice chairman, each
2-2 of those officers holds office for a term of 2 years commencing on July 1
2-3 of each odd-numbered year. If a vacancy occurs in the chairmanship or
2-4 vice chairmanship, the members of the committee shall elect a
2-5 replacement for the remainder of the unexpired term.
2-6 3. Any member of the committee who is not a candidate for
2-7 reelection or who is defeated for reelection continues to serve until the
2-8 convening of the next session of the legislature.
2-9 4. Vacancies on the committee must be filled in the same manner as
2-10 the original appointments.
2-11 Sec. 4. 1. The members of the committee shall meet at least
2-12 quarterly and at the times and places specified by a call of the chairman.
2-13 The director of the legislative counsel bureau or a person he has
2-14 designated shall act as the nonvoting recording secretary. Five members
2-15 of the committee constitute a quorum, and a quorum may exercise all the
2-16 power and authority conferred on the committee.
2-17 2. Except during a regular or special session of the legislature, the
2-18 members of the committee are entitled to receive the compensation
2-19 provided for a majority of the members of the legislature during the first
2-20 60 days of the preceding session, the per diem allowance provided for
2-21 state officers and employees generally and the travel expenses provided
2-22 pursuant to NRS 218.2207 for each day or portion of a day of attendance
2-23 at a meeting of the committee and while engaged in the business of the
2-24 committee. The salaries and expenses of the members of the committee
2-25 and any other expenses incurred by the committee in carrying out its
2-26 duties must be paid from the state general fund from the money received
2-27 from short-term lessors pursuant to NRS 482.313, except that the
2-28 maximum amount that may be paid each fiscal year pursuant to this
2-29 subsection must not exceed $25,000. All claims pursuant to this
2-30 subsection must be paid as other claims against the state are paid.
2-31 Sec. 5. The committee may:
2-32 1. Evaluate, review and comment upon issues related to
2-33 transportation within this state.
2-34 2. Monitor the money deposited in, and any expenditures made from:
2-35 (a) The state highway fund; and
2-36 (b) The state general fund or any other fund, to the extent that the
2-37 money deposited in the funds or expenditures made from the funds, or
2-38 both, are related to transportation.
2-39 3. Consult with and make recommendations to the board of directors
2-40 of the department of transportation on matters concerning transportation
2-41 within this state.
2-42 4. Conduct investigations and hold hearings in connection with
2-43 carrying out its duties pursuant to this section.
2-44 5. Direct the legislative counsel bureau to assist in its research,
2-45 investigations, hearings and reviews.
2-46 6. Recommend to the legislature as a result of the activities of the
2-47 committee any appropriate state legislation or corrective federal
2-48 legislation.
3-1 Sec. 6. Each witness who appears before the committee by its order,
3-2 except a state officer or employee, is entitled to receive for his attendance
3-3 the fees and mileage provided for witnesses in civil cases in the courts of
3-4 record of this state. The fees and mileage must be audited and paid upon
3-5 the presentation of proper claims sworn to by the witness and approved
3-6 by the chairman of the committee.
3-7 Sec. 7. 1. If the committee conducts investigations or holds
3-8 hearings pursuant to subsection 4 of section 5 of this act:
3-9 (a) The secretary of the committee or, in his absence, a member
3-10 designated by the committee may administer oaths.
3-11 (b) The secretary or chairman of the committee may cause the
3-12 deposition of witnesses, residing either within or outside this state, to be
3-13 taken in the manner prescribed by rule of court for taking depositions in
3-14 civil actions in the district courts.
3-15 (c) The chairman of the committee, upon recommendation of a
3-16 majority of the members of the committee, may issue subpoenas to
3-17 compel the attendance of witnesses and the production of books and
3-18 papers.
3-19 2. If a witness refuses to attend or testify or produce books or papers
3-20 as required by the subpoena, the chairman of the committee may report
3-21 to the district court by a petition which sets forth that:
3-22 (a) Due notice has been given of the time and place of attendance of
3-23 the witness or the production of the books or papers;
3-24 (b) The witness has been subpoenaed by the committee pursuant to
3-25 this section; and
3-26 (c) The witness has failed or refused to attend or produce the books or
3-27 papers required by the subpoena before the committee, or has refused to
3-28 answer questions propounded to him.
3-29 The petition may request an order of the court compelling the witness to
3-30 attend and testify or produce the books and papers before the committee.
3-31 3. Upon such a petition, the court shall enter an order directing the
3-32 witness to appear before the court at a time and place to be fixed by the
3-33 court in its order, the time to be not more than 10 days after the date of
3-34 the order, and to show cause why he has not attended or testified or
3-35 produced the books or papers before the committee. A certified copy of
3-36 the order must be served upon the witness.
3-37 4. If it appears to the court that the subpoena was regularly issued by
3-38 the chairman of the committee, upon recommendation of a majority of
3-39 the members of the committee, the court shall enter an order that the
3-40 witness appear before the committee at the time and place fixed in the
3-41 order and testify or produce the required books or papers. Failure to obey
3-42 the order constitutes contempt of court.
3-43 Sec. 8. NRS 408.100 is hereby amended to read as follows:
3-44 408.100 Recognizing that safe and efficient highway transportation is
3-45 a matter of important interest to all the people of the state, and that an
3-46 adequate highway system is a vital part of the national defense, the
3-47 legislature hereby determines and declares that:
3-48 1. An integrated system of state highways and roads is essential to the
3-49 general welfare of the state.
4-1 2. Providing such a system of facilities, its efficient management,
4-2 maintenance and control is recognized as a problem and as the proper
4-3 prospective of highway legislation.
4-4 3. Inadequate highways and roads obstruct the free flow of traffic,
4-5 resulting in undue cost of motor vehicle operation, endangering the health
4-6 and safety of the citizens of the state, depreciating property values, and
4-7 impeding general economic and social progress of the state.
4-8 4. In designating the highways and roads of the state as provided in
4-9 this chapter, the legislature places a high degree of trust in the hands of
4-10 those officials whose duty it is, within the limits of available funds, to plan,
4-11 develop, operate, maintain, control and protect the highways and roads of
4-12 this state, for present as well as for future use.
4-13 5. To this end, it is the express intent of the legislature to make the
4-14 board [of directors of the department of transportation] , in consultation
4-15 with the legislative committee on transportation created pursuant to
4-16 section 3 of this act, custodian of the state highways and roads and to
4-17 provide sufficiently broad authority to enable the board to function
4-18 adequately and efficiently in all areas of appropriate jurisdiction, subject to
4-19 the limitations of the constitution and the legislative mandate proposed in
4-20 this chapter.
4-21 6. The legislature intends:
4-22 (a) To declare, in general terms, the powers and duties of the board , [of
4-23 directors,] leaving specific details to be determined by reasonable
4-24 regulations and declarations of policy which the board may promulgate.
4-25 (b) By general grant of authority to the board [of directors] to delegate
4-26 sufficient power and authority to enable the board to carry out , in
4-27 consultation with the legislative committee on transportation created
4-28 pursuant to section 3 of this act, the broad objectives contained in this
4-29 chapter.
4-30 7. The problem of establishing and maintaining adequate highways
4-31 and roads, eliminating congestion, reducing accident frequency and taking
4-32 all necessary steps to ensure safe and convenient transportation on these
4-33 public ways is no less urgent.
4-34 8. The legislature hereby finds, determines and declares that this
4-35 chapter is necessary for the preservation of the public safety, the promotion
4-36 of the general welfare, the improvement and development of facilities for
4-37 transportation in the state, and other related purposes necessarily included
4-38 therein, and as a contribution to the system of national defense.
4-39 9. The words “construction,” “maintenance” and “administration” used
4-40 in section 5 of Article 9 of the constitution of the State of Nevada are broad
4-41 enough to be construed to include and as contemplating the construction,
4-42 maintenance and administration of the state highways and roads as
4-43 established by this chapter and the landscaping, roadside improvements
4-44 and planning surveys of the state highways and roads.
4-45 Sec. 9. NRS 408.203 is hereby amended to read as follows:
4-46 408.203 The director shall:
4-47 1. Compile a comprehensive report outlining the requirements for the
4-48 construction and maintenance of highways for the next 10 years, including
4-49 anticipated revenues and expenditures of the department, and submit it to
5-1 the legislative committee on transportation created pursuant to section 3
5-2 of this act and to the director of the legislative counsel bureau for
5-3 transmittal to the chairmen of the senate and assembly standing committees
5-4 on transportation.
5-5 2. Compile a comprehensive report of the requirements for the
5-6 construction and maintenance of highways for the next 3 years, including
5-7 anticipated revenues and expenditures of the department, no later than
5-8 October 1 of each even-numbered year, and submit it to the legislative
5-9 committee on transportation created pursuant to section 3 of this act and
5-10 to the director of the legislative counsel bureau for transmittal to the
5-11 chairmen of the senate and assembly standing committees on
5-12 transportation.
5-13 3. Report to the legislature by February 1 of odd-numbered years the
5-14 progress being made in the department’s 12-year plan for the resurfacing of
5-15 state highways. The report must include an accounting of revenues and
5-16 expenditures in the preceding 2 fiscal years, a list of the projects which
5-17 have been completed, including mileage and cost, and an estimate of the
5-18 adequacy of projected revenues for timely completion of the plan.
5-19 Sec. 10. NRS 482.313 is hereby amended to read as follows:
5-20 482.313 1. Upon the lease of a passenger car by a short-term lessor
5-21 in this state, the short-term lessor [shall] :
5-22 (a) Shall charge and collect from the short-term lessee a fee of 6
5-23 percent of the total amount for which the passenger car was leased,
5-24 excluding any taxes or other fees imposed by a governmental entity.
5-25 (b) May charge and collect from the short-term lessee a fee of 3.5
5-26 percent of the total amount for which the passenger car was leased,
5-27 excluding any taxes or other fees imposed by a governmental entity, as
5-28 reimbursement for vehicle licensing fees and taxes paid by the short-term
5-29 lessor.
5-30 The amount of [the] any feecharged pursuant to this subsection must be
5-31 indicated in the lease agreement.
5-32 2. The fees due from a short-term lessor to the department of
5-33 taxation pursuant to this subsection are due on the last day of each
5-34 calendar quarter. On or before [January 31 of each year,] the last day of
5-35 the month following each calendar quarter, the short-term lessor shall:
5-36 (a) File with the department of taxation and the department of motor
5-37 vehicles and public safety, on a form prescribed by the department of
5-38 taxation, a report indicating the total amount of:
5-39 (1) Fees collected by the short-term lessor during the immediately
5-40 preceding [year] calendar quarter pursuant to this section; and
5-41 (2) Vehicle licensing fees and taxes paid by the short-term lessor
5-42 during the immediately preceding [year] calendar quarter pursuant to this
5-43 chapter.
5-44 (b) Remit to the department of taxation [:
5-45 (1) One third of] the fees collected by the short-term lessor pursuant
5-46 to paragraph (a) of subsection 1 during the immediately preceding [year
5-47 pursuant to this section; and
5-48 (2) Of the remainder of those fees, any amount in excess of the total
5-49 amount of vehicle licensing fees and taxes paid by the short-term lessor
6-1 during the immediately preceding year pursuant to this chapter.]calendar
6-2 quarter.
6-3 3. The department of taxation shall deposit all money received from
6-4 short-term lessors pursuant to the provisions of this section with the state
6-5 treasurer for credit to the state general fund.
6-6 4. To ensure compliance with this section, the department of taxation
6-7 may audit the records of a short-term lessor.
6-8 5. The provisions of this section do not limit or affect the payment of
6-9 any taxes or fees imposed pursuant to the provisions of this chapter.
6-10 6. The department of motor vehicles and public safety shall, upon
6-11 request, provide to the department of taxation any information in its
6-12 records relating to a short-term lessor that the department of taxation
6-13 considers necessary to collect the fee required by this section.
6-14 7. As used in this section, “vehicle licensing fees and taxes” means:
6-15 (a) The fees paid by a short-term lessor for the registration of, and the
6-16 issuance of certificates of title for, the passenger cars leased by him; and
6-17 (b) The basic and supplemental governmental services taxes paid by the
6-18 short-term lessor with regard to those passenger cars.
6-19 Sec. 11. Notwithstanding the amendatory provisions of section 10 of
6-20 this act to the contrary, the reports required and fees due from a short-term
6-21 lessor for the calendar year 2001 are governed by the provisions of NRS
6-22 482.313, as that section existed on December 31, 2001.
6-23 Sec. 12. The legislative committee on transportation created pursuant
6-24 to section 3 of this act shall:
6-25 1. Monitor and evaluate the effects of the amendatory provisions of
6-26 section 10 of this act; and
6-27 2. On or before January 31 of each odd-numbered year, submit a report
6-28 of its evaluation to the director of the legislative counsel bureau for
6-29 transmittal to the next regular session of the legislature.
6-30 Sec. 13. 1. This section and sections 1 to 9, inclusive, of this act
6-31 become effective on July 1, 2001.
6-32 2. Sections 10, 11 and 12 of this act become effective on January 1,
6-33 2002.
6-34 H