(REPRINTED WITH ADOPTED AMENDMENTS)

 

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

 

Prefiled January 29, 2001

 

____________

 

Referred to Committee on Transportation

 

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

 

FISCAL NOTE:                     Effect on Local Government: No.

                                    Effect on the State: Yes.

 

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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 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:

 

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

1-2  the provisions set forth as sections 2 to 5, inclusive, of this act.

1-3    Sec. 2.  As used in sections 2 to 5, inclusive, of this act, unless the

1-4  context otherwise requires, “committee” means the legislative oversight

1-5  committee on transportation.

1-6    Sec. 3.  1.  There is hereby created a legislative oversight committee

1-7  on transportation. The committee consists of:

1-8    (a) Two members appointed by the majority leader of the senate, at

1-9  least one 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) Two members appointed by the speaker of the assembly, at least

1-13  one 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

2-1  of each odd-numbered year. If a vacancy occurs in the chairmanship or

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

2-3  replacement for the remainder of the unexpired term.

2-4    3.  Any member of the committee who is not a candidate for

2-5  reelection or who is defeated for reelection continues to serve until the

2-6  convening of the next session of the legislature.

2-7    4.  Vacancies on the committee must be filled in the same manner as

2-8  the original appointments.

2-9    Sec. 4.  1.  The members of the committee shall meet at least

2-10  quarterly and at the times and places specified by a call of the chairman.

2-11  The director of the legislative counsel bureau or a person he has

2-12  designated shall act as the nonvoting recording secretary. Three

2-13  members of the committee constitute a quorum, and a quorum may

2-14  exercise all the power and authority conferred on the committee.

2-15    2.  Except during a regular or special session of the legislature, the

2-16  members of the committee are entitled to receive the compensation

2-17  provided for a majority of the members of the legislature during the first

2-18  60 days of the preceding session, the per diem allowance provided for

2-19  state officers and employees generally and the travel expenses provided

2-20  pursuant to NRS 218.2207 for each day or portion of a day of attendance

2-21  at a meeting of the committee and while engaged in the business of the

2-22  committee. The salaries and expenses of the members of the committee

2-23  and any other expenses incurred by the committee in carrying out its

2-24  duties must be paid from the state highway fund.

2-25    Sec. 5.  The committee may:

2-26    1.  Evaluate, review and comment upon issues related to

2-27  transportation within this state.

2-28    2.  Receive from the department of transportation reports concerning

2-29  the money deposited in, and any expenditures made from:

2-30    (a) The state highway fund; and

2-31    (b) The state general fund or any other fund, to the extent that the

2-32  money deposited in the funds or expenditures made from the funds, or

2-33  both, are related to transportation.

2-34    3.  Consult with and make recommendations to the board of directors

2-35  of the department of transportation on matters concerning transportation

2-36  within this state.

2-37    4.  Request the legislative counsel bureau to assist in its research,

2-38  investigations, hearings and reviews.

2-39    5.  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. The committee shall not request the preparation of more than

2-42  five legislative measures pursuant to this subsection for a regular

2-43  legislative session.

2-44    Sec. 6.  NRS 408.100 is hereby amended to read as follows:

2-45    408.100  Recognizing that safe and efficient highway transportation is

2-46  a matter of important interest to all the people of the state, and that an

2-47  adequate highway system is a vital part of the national defense, the

2-48  legislature hereby determines and declares that:

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

3-2  general welfare of the state.

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

3-4  maintenance and control is recognized as a problem and as the proper

3-5  prospective of highway legislation.

3-6    3.  Inadequate highways and roads obstruct the free flow of traffic,

3-7  resulting in undue cost of motor vehicle operation, endangering the health

3-8  and safety of the citizens of the state, depreciating property values, and

3-9  impeding general economic and social progress of the state.

3-10    4.  In designating the highways and roads of the state as provided in

3-11  this chapter, the legislature places a high degree of trust in the hands of

3-12  those officials whose duty it is, within the limits of available funds, to plan,

3-13  develop, operate, maintain, control and protect the highways and roads of

3-14  this state, for present as well as for future use.

3-15    5.  To this end, it is the express intent of the legislature to make the

3-16  board [of directors of the department of transportation] , in consultation

3-17  with the legislative oversight committee on transportation created

3-18  pursuant to section 3 of this act, custodian of the state highways and roads

3-19  and to provide sufficiently broad authority to enable the board to function

3-20  adequately and efficiently in all areas of appropriate jurisdiction, subject to

3-21  the limitations of the constitution and the legislative mandate proposed in

3-22  this chapter.

3-23    6.  The legislature intends:

3-24    (a) To declare, in general terms, the powers and duties of the board , [of

3-25  directors,] leaving specific details to be determined by reasonable

3-26  regulations and declarations of policy which the board may promulgate.

3-27    (b) By general grant of authority to the board [of directors] to delegate

3-28  sufficient power and authority to enable the board to carry out , in

3-29  consultation with the legislative oversight committee on transportation

3-30  created pursuant to section 3 of this act, the broad objectives contained in

3-31  this chapter.

3-32    7.  The problem of establishing and maintaining adequate highways

3-33  and roads, eliminating congestion, reducing accident frequency and taking

3-34  all necessary steps to ensure safe and convenient transportation on these

3-35  public ways is no less urgent.

3-36    8.  The legislature hereby finds, determines and declares that this

3-37  chapter is necessary for the preservation of the public safety, the promotion

3-38  of the general welfare, the improvement and development of facilities for

3-39  transportation in the state, and other related purposes necessarily included

3-40  therein, and as a contribution to the system of national defense.

3-41    9.  The words “construction,” “maintenance” and “administration” used

3-42  in section 5 of Article 9 of the constitution of the State of Nevada are broad

3-43  enough to be construed to include and as contemplating the construction,

3-44  maintenance and administration of the state highways and roads as

3-45  established by this chapter and the landscaping, roadside improvements

3-46  and planning surveys of the state highways and roads.

 

 

 

4-1    Sec. 7.  NRS 408.203 is hereby amended to read as follows:

4-2    408.203  The director shall:

4-3    1.  Compile a comprehensive report outlining the requirements for the

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

4-5  anticipated revenues and expenditures of the department, and submit it to

4-6  the legislative oversight committee on transportation created pursuant to

4-7  section 3 of this act and to the director of the legislative counsel bureau for

4-8  transmittal to the chairmen of the senate and assembly standing committees

4-9  on transportation.

4-10    2.  Compile a comprehensive report of the requirements for the

4-11  construction and maintenance of highways for the next 3 years, including

4-12  anticipated revenues and expenditures of the department, no later than

4-13  October 1 of each even-numbered year, and submit it to the legislative

4-14  oversight committee on transportation created pursuant to section 3 of

4-15  this act and to the director of the legislative counsel bureau for transmittal

4-16  to the chairmen of the senate and assembly standing committees on

4-17  transportation.

4-18    3.  Report to the legislature by February 1 of odd-numbered years the

4-19  progress being made in the department’s 12-year plan for the resurfacing of

4-20  state highways. The report must include an accounting of revenues and

4-21  expenditures in the preceding 2 fiscal years, a list of the projects which

4-22  have been completed, including mileage and cost, and an estimate of the

4-23  adequacy of projected revenues for timely completion of the plan.

4-24    Sec. 8.  This act becomes effective on July 1, 2001, and expires by

4-25  limitation on July 1, 2005.

 

4-26  H