(REPRINTED WITH ADOPTED AMENDMENTS)

 

Senate Bill No. 56–Senator O’Donnell

 

Prefiled January 29, 2001

 

____________

 

Referred to Committee on Transportation

 

SUMMARY—Creates legislative committee on transportation. (BDR 17‑68)

 

FISCAL NOTE:                     Effect on Local Government: No.

                                    Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to transportation; creating the legislative 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:

 

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

1-19  house. After the initial election of a chairman and vice chairman, each

1-20  of those officers holds office for a term of 2 years commencing on July 1

1-21  of each odd-numbered year. If a vacancy occurs in the chairmanship or

2-1  vice chairmanship, the members of the committee shall elect a

2-2  replacement for the remainder of the unexpired term.

2-3    3.  Any member of the committee who is not a candidate for

2-4  reelection or who is defeated for reelection continues to serve until the

2-5  convening of the next session of the legislature.

2-6    4.  Vacancies on the committee must be filled in the same manner as

2-7  the original appointments.

2-8    Sec. 4.  1.  The members of the committee shall meet at least

2-9  quarterly and at the times and places specified by a call of the chairman.

2-10  The director of the legislative counsel bureau or a person he has

2-11  designated shall act as the nonvoting recording secretary. Five members

2-12  of the committee constitute a quorum, and a quorum may exercise all the

2-13  power and authority conferred on the committee.

2-14    2.  Except during a regular or special session of the legislature, the

2-15  members of the committee are entitled to receive the compensation

2-16  provided for a majority of the members of the legislature during the first

2-17  60 days of the preceding session, the per diem allowance provided for

2-18  state officers and employees generally and the travel expenses provided

2-19  pursuant to NRS 218.2207 for each day or portion of a day of attendance

2-20  at a meeting of the committee and while engaged in the business of the

2-21  committee. The salaries and expenses of the members of the committee

2-22  and any other expenses incurred by the committee in carrying out its

2-23  duties must be paid from the state highway fund.

2-24    Sec. 5.  The committee may:

2-25    1.  Evaluate, review and comment upon issues related to

2-26  transportation within this state.

2-27    2.  Monitor the money deposited in, and any expenditures made from:

2-28    (a) The state highway fund; and

2-29    (b) The state general fund or any other fund, to the extent that the

2-30  money deposited in the funds or expenditures made from the funds, or

2-31  both, are related to transportation.

2-32    3.  Consult with and make recommendations to the board of directors

2-33  of the department of transportation on matters concerning transportation

2-34  within this state.

2-35    4.  Conduct investigations and hold hearings in connection with

2-36  carrying out its duties pursuant to this section.

2-37    5.  Direct the legislative counsel bureau to assist in its research,

2-38  investigations, hearings and reviews.

2-39    6.  Recommend to the legislature as a result of the activities of the

2-40  committee any appropriate state legislation or corrective federal

2-41  legislation.

2-42    Sec. 6.  Each witness who appears before the committee by its order,

2-43  except a state officer or employee, is entitled to receive for his attendance

2-44  the fees and mileage provided for witnesses in civil cases in the courts of

2-45  record of this state. The fees and mileage must be audited and paid upon

2-46  the presentation of proper claims sworn to by the witness and approved

2-47  by the chairman of the committee.

2-48    Sec. 7.  1.  If the committee conducts investigations or holds

2-49  hearings pursuant to subsection 4 of section 5 of this act:

3-1    (a) The secretary of the committee or, in his absence, a member

3-2  designated by the committee may administer oaths.

3-3    (b) The secretary or chairman of the committee may cause the

3-4  deposition of witnesses, residing either within or outside this state, to be

3-5  taken in the manner prescribed by rule of court for taking depositions in

3-6  civil actions in the district courts.

3-7    (c) The chairman of the committee, upon recommendation of a

3-8  majority of the members of the committee, may issue subpoenas to

3-9  compel the attendance of witnesses and the production of books and

3-10  papers.

3-11    2.  If a witness refuses to attend or testify or produce books or papers

3-12  as required by the subpoena, the chairman of the committee may report

3-13  to the district court by a petition which sets forth that:

3-14    (a) Due notice has been given of the time and place of attendance of

3-15  the witness or the production of the books or papers;

3-16    (b) The witness has been subpoenaed by the committee pursuant to

3-17  this section; and

3-18    (c) The witness has failed or refused to attend or produce the books or

3-19  papers required by the subpoena before the committee, or has refused to

3-20  answer questions propounded to him.

3-21  The petition may request an order of the court compelling the witness to

3-22  attend and testify or produce the books and papers before the committee.

3-23    3.  Upon such a petition, the court shall enter an order directing the

3-24  witness to appear before the court at a time and place to be fixed by the

3-25  court in its order, the time to be not more than 10 days after the date of

3-26  the order, and to show cause why he has not attended or testified or

3-27  produced the books or papers before the committee. A certified copy of

3-28  the order must be served upon the witness.

3-29    4.  If it appears to the court that the subpoena was regularly issued by

3-30  the chairman of the committee, upon recommendation of a majority of

3-31  the members of the committee, the court shall enter an order that the

3-32  witness appear before the committee at the time and place fixed in the

3-33  order and testify or produce the required books or papers. Failure to obey

3-34  the order constitutes contempt of court.

3-35    Sec. 8. NRS 408.100 is hereby amended to read as follows:

3-36    408.100  Recognizing that safe and efficient highway transportation is

3-37  a matter of important interest to all the people of the state, and that an

3-38  adequate highway system is a vital part of the national defense, the

3-39  legislature hereby determines and declares that:

3-40    1.  An integrated system of state highways and roads is essential to the

3-41  general welfare of the state.

3-42    2.  Providing such a system of facilities, its efficient management,

3-43  maintenance and control is recognized as a problem and as the proper

3-44  prospective of highway legislation.

3-45    3.  Inadequate highways and roads obstruct the free flow of traffic,

3-46  resulting in undue cost of motor vehicle operation, endangering the health

3-47  and safety of the citizens of the state, depreciating property values, and

3-48  impeding general economic and social progress of the state.

4-1    4.  In designating the highways and roads of the state as provided in

4-2  this chapter, the legislature places a high degree of trust in the hands of

4-3  those officials whose duty it is, within the limits of available funds, to plan,

4-4  develop, operate, maintain, control and protect the highways and roads of

4-5  this state, for present as well as for future use.

4-6    5.  To this end, it is the express intent of the legislature to make the

4-7  board [of directors of the department of transportation] , in consultation

4-8  with the legislative committee on transportation created pursuant to

4-9  section 3 of this act, custodian of the state highways and roads and to

4-10  provide sufficiently broad authority to enable the board to function

4-11  adequately and efficiently in all areas of appropriate jurisdiction, subject to

4-12  the limitations of the constitution and the legislative mandate proposed in

4-13  this chapter.

4-14    6.  The legislature intends:

4-15    (a) To declare, in general terms, the powers and duties of the board , [of

4-16  directors,] leaving specific details to be determined by reasonable

4-17  regulations and declarations of policy which the board may promulgate.

4-18    (b) By general grant of authority to the board [of directors] to delegate

4-19  sufficient power and authority to enable the board to carry out , in

4-20  consultation with the legislative committee on transportation created

4-21  pursuant to section 3 of this act, the broad objectives contained in this

4-22  chapter.

4-23    7.  The problem of establishing and maintaining adequate highways

4-24  and roads, eliminating congestion, reducing accident frequency and taking

4-25  all necessary steps to ensure safe and convenient transportation on these

4-26  public ways is no less urgent.

4-27    8.  The legislature hereby finds, determines and declares that this

4-28  chapter is necessary for the preservation of the public safety, the promotion

4-29  of the general welfare, the improvement and development of facilities for

4-30  transportation in the state, and other related purposes necessarily included

4-31  therein, and as a contribution to the system of national defense.

4-32    9.  The words “construction,” “maintenance” and “administration” used

4-33  in section 5 of Article 9 of the constitution of the State of Nevada are broad

4-34  enough to be construed to include and as contemplating the construction,

4-35  maintenance and administration of the state highways and roads as

4-36  established by this chapter and the landscaping, roadside improvements

4-37  and planning surveys of the state highways and roads.

4-38    Sec. 9. NRS 408.203 is hereby amended to read as follows:

4-39    408.203  The director shall:

4-40    1.  Compile a comprehensive report outlining the requirements for the

4-41  construction and maintenance of highways for the next 10 years, including

4-42  anticipated revenues and expenditures of the department, and submit it to

4-43  the legislative committee on transportation created pursuant to section 3

4-44  of this act and to the director of the legislative counsel bureau for

4-45  transmittal to the chairmen of the senate and assembly standing committees

4-46  on transportation.

4-47    2.  Compile a comprehensive report of the requirements for the

4-48  construction and maintenance of highways for the next 3 years, including

4-49  anticipated revenues and expenditures of the department, no later than

5-1  October 1 of each even-numbered year, and submit it to the legislative

5-2  committee on transportation created pursuant to section 3 of this act and

5-3  to the director of the legislative counsel bureau for transmittal to the

5-4  chairmen of the senate and assembly standing committees on

5-5  transportation.

5-6    3.  Report to the legislature by February 1 of odd-numbered years the

5-7  progress being made in the department’s 12-year plan for the resurfacing of

5-8  state highways. The report must include an accounting of revenues and

5-9  expenditures in the preceding 2 fiscal years, a list of the projects which

5-10  have been completed, including mileage and cost, and an estimate of the

5-11  adequacy of projected revenues for timely completion of the plan.

5-12    Sec. 10.  This act becomes effective on July 1, 2001.

 

5-13  H