Senate Bill No. 56–Senators O’Donnell,
Amodei and Carlton

 

CHAPTER..........

 

AN ACT relating to transportation; creating the legislative oversight committee on transportation; prescribing the membership and powers of the committee; revising certain provisions concerning the board of directors of the department of transportation; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

   Section 1. Chapter 218 of NRS is hereby amended by adding thereto

 the provisions set forth as sections 2 to 5, inclusive, of this act.

   Sec. 2.  As used in sections 2 to 5, inclusive, of this act, unless the

 context otherwise requires, “committee” means the legislative oversight

 committee on transportation.

   Sec. 3.  1.  There is hereby created a legislative oversight committee

 on transportation. The committee consists of:

   (a) Two members appointed by the majority leader of the senate, at

 least one of whom must have served on the senate standing committee

 which had jurisdiction of issues relating to transportation during the

 immediately preceding session of the legislature.

   (b) Two members appointed by the speaker of the assembly, at least

 one of whom must have served on the assembly standing committee

 which had jurisdiction of issues relating to transportation during the

 immediately preceding session of the legislature.

   2.  The members of the committee shall elect a chairman and vice

 chairman from among their members. The chairman must be elected

 from one house of the legislature and the vice chairman from the other

 house. After the initial election of a chairman and vice chairman, each

 of those officers holds office for a term of 2 years commencing on July 1

 of each odd-numbered year. If a vacancy occurs in the chairmanship or

 vice chairmanship, the members of the committee shall elect a

 replacement for the remainder of the unexpired term.

   3.  Any member of the committee who is not a candidate for

 reelection or who is defeated for reelection continues to serve until the

 convening of the next session of the legislature.

   4.  Vacancies on the committee must be filled in the same manner as

 the original appointments.

   Sec. 4.  1.  The members of the committee shall meet at least

 quarterly and at the times and places specified by a call of the chairman.

 The director of the legislative counsel bureau or a person he has

 designated shall act as the nonvoting recording secretary. Three

 members of the committee constitute a quorum, and a quorum may

 exercise all the power and authority conferred on the committee.

   2.  Except during a regular or special session of the legislature, the

 members of the committee are entitled to receive the compensation

 provided for a majority of the members of the legislature during the first

 60 days of the preceding session, the per diem allowance provided for

 state officers and employees generally and the travel expenses provided

 pursuant to NRS 218.2207 for each day or portion of a day of

 attendance

at a meeting of the committee and while engaged in the business of the

committee. The salaries and expenses of the members of the committee

 and any other expenses incurred by the committee in carrying out its

 duties must be paid from the state highway fund.

   Sec. 5.  The committee may:

   1.  Evaluate, review and comment upon issues related to

 transportation within this state.

   2.  Receive from the department of transportation reports concerning

 the money deposited in, and any expenditures made from:

   (a) The state highway fund; and

   (b) The state general fund or any other fund, to the extent that the

 money deposited in the funds or expenditures made from the funds, or

 both, are related to transportation.

   3.  Consult with and make recommendations to the board of directors

 of the department of transportation on matters concerning

 transportation within this state.

   4.  Request the legislative counsel bureau to assist in its research,

 investigations, hearings and reviews.

   5.  Recommend to the legislature as a result of the activities of the

 committee any appropriate state legislation or corrective federal

 legislation. The committee shall not request the preparation of more

 than five legislative measures pursuant to this subsection for a regular

 legislative session.

   Sec. 6.  NRS 408.100 is hereby amended to read as follows:

   408.100  Recognizing that safe and efficient highway transportation is

 a matter of important interest to all the people of the state, and that an

 adequate highway system is a vital part of the national defense, the

 legislature hereby determines and declares that:

   1.  An integrated system of state highways and roads is essential to the

 general welfare of the state.

   2.  Providing such a system of facilities, its efficient management,

 maintenance and control is recognized as a problem and as the proper

 prospective of highway legislation.

   3.  Inadequate highways and roads obstruct the free flow of traffic,

 resulting in undue cost of motor vehicle operation, endangering the health

 and safety of the citizens of the state, depreciating property values, and

 impeding general economic and social progress of the state.

   4.  In designating the highways and roads of the state as provided in

 this chapter, the legislature places a high degree of trust in the hands of

 those officials whose duty it is, within the limits of available funds, to

 plan, develop, operate, maintain, control and protect the highways and

 roads of this state, for present as well as for future use.

   5.  To this end, it is the express intent of the legislature to make the

 board [of directors of the department of transportation] , in consultation

 with the legislative oversight committee on transportation created

 pursuant to section 3 of this act, custodian of the state highways and

 roads and to provide sufficiently broad authority to enable the board to

 function adequately and efficiently in all areas of appropriate jurisdiction,

 subject to the limitations of the constitution and the legislative mandate

 proposed in this chapter.

   6.  The legislature intends:

   (a) To declare, in general terms, the powers and duties of the board , [of

 directors,] leaving specific details to be determined by reasonable

 regulations and declarations of policy which the board may promulgate.

   (b) By general grant of authority to the board [of directors] to delegate

 sufficient power and authority to enable the board to carry out , in

 consultation with the legislative oversight committee on transportation

 created pursuant to section 3 of this act, the broad objectives contained in

 this chapter.

   7.  The problem of establishing and maintaining adequate highways

 and roads, eliminating congestion, reducing accident frequency and taking

 all necessary steps to ensure safe and convenient transportation on these

 public ways is no less urgent.

   8.  The legislature hereby finds, determines and declares that this

 chapter is necessary for the preservation of the public safety, the

 promotion of the general welfare, the improvement and development of

 facilities for transportation in the state, and other related purposes

 necessarily included therein, and as a contribution to the system of

 national defense.

   9.  The words “construction,” “maintenance” and “administration” used

 in section 5 of Article 9 of the constitution of the State of Nevada are

 broad enough to be construed to include and as contemplating the

 construction, maintenance and administration of the state highways and

 roads as established by this chapter and the landscaping, roadside

 improvements and planning surveys of the state highways and roads.

   Sec. 7.  NRS 408.203 is hereby amended to read as follows:

   408.203  The director shall:

   1.  Compile a comprehensive report outlining the requirements for the

 construction and maintenance of highways for the next 10 years, including

 anticipated revenues and expenditures of the department, and submit it to

 the legislative oversight committee on transportation created pursuant to

 section 3 of this act and to the director of the legislative counsel bureau

 for transmittal to the chairmen of the senate and assembly standing

 committees on transportation.

   2.  Compile a comprehensive report of the requirements for the

 construction and maintenance of highways for the next 3 years, including

 anticipated revenues and expenditures of the department, no later than

 October 1 of each even-numbered year, and submit it to the legislative

 oversight committee on transportation created pursuant to section 3 of

 this act and to the director of the legislative counsel bureau for transmittal

 to the chairmen of the senate and assembly standing committees on

 transportation.

   3.  Report to the legislature by February 1 of odd-numbered years the

 progress being made in the department’s 12-year plan for the resurfacing

 of state highways. The report must include an accounting of revenues and

 expenditures in the preceding 2 fiscal years, a list of the projects which

 have been completed, including mileage and cost, and an estimate of the

 adequacy of projected revenues for timely completion of the plan.

   Sec. 8.  This act becomes effective on July 1, 2001, and expires by

 limitation on July 1, 2005.

 

²⁰~~~~~⁰¹