MINUTES OF THE
SENATE COMMITTEE ON TRANSPORTATION
Seventy-Eighth Session
May 7, 2015
The Senate Committee on Transportation was called to order by
Chair Scott Hammond at 8:32 a.m. on Thursday, May 7, 2015, in Room 2135
of the Legislative Building, Carson City, Nevada. The meeting was
videoconferenced to Room 4412E of the Grant Sawyer State Office Building,
555 East Washington Avenue, Las Vegas, Nevada. Exhibit A is the Agenda.
Exhibit B is the Attendance Roster. All exhibits are available and on file in the
Research Library of the Legislative Counsel Bureau.
COMMITTEE MEMBERS PRESENT:
Senator Scott Hammond, Chair
Senator Don Gustavson, Vice Chair
Senator Patricia Farley
Senator Mark A. Manendo
Senator Moises (Mo) Denis
STAFF MEMBERS PRESENT:
Megan Comlossy, Policy Analyst
Darcy Johnson, Counsel
Martha Barnes, Committee Secretary
OTHERS PRESENT:
Paul V. Townsend, CPA, CIA, Legislative Auditor, Legislative Counsel Bureau
Chair Hammond:
I will open the work session with Assembly Bill (A.B.) 189.
ASSEMBLY BILL 189 (1st Reprint): Revises provisions governing special license
plates. (BDR 43-529)
Megan Comlossy (Policy Analyst):
Referencing the work session document (Exhibit C), A.B. 189 makes various
changes relating to special license plates. The bill requires an application by a
charitable organization for a special license plate to include a budget prepared
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May 7, 2015
Page 2
by or for the organization if it is not a governmental entity whose budget is
already included in the Executive Budget. The charitable organization must
annually provide the Commission on Special License Plates with a report on the
organization’s budget detailing how special plate fees have been expended and
include a copy of its most recent federal tax return, if any. The measure also
requires the organization to publish the tax return annually on its Website or in a
newspaper of general circulation in the county where the organization is based.
The bill further authorizes the Commission to request the
Legislative Commission to direct the Legislative Auditor to perform an audit of
any charitable organization receiving fees from the sale of special license plates
if the Commission on Special License Plates has reasonable cause to believe or
has received a credible complaint that the organization has filed records that are
inadequate or inaccurate, committed improper practices of financial
administration, or failed to use adequate methods and procedures to ensure all
money received by the organization from the sale of special license plates is
appropriately expended.
Finally, A.B. 189 provides that all records of a charitable organization that
receives fees and any person who receives grants from a charitable organization
related to the receipt or use of money from the sale of special license plates are
public records, available for public inspection.
Proposed Amendment 6890 was submitted by Senator Scott Hammond to
clarify only certain documents and information submitted to the Commission on
Special License Plates by a charitable organization are public records and
available for public inspection.
Chair Hammond:
Would you or other auditors within the Legislative Counsel Bureau (LCB) have
access to the personal information on record within each organization? When a
member of the public requests documentation from any organization receiving
funds from the sale of special license plates, will personal information be
redacted?
Paul V. Townsend, CPA, CIA, (Legislative Auditor, Legislative Counsel Bureau):
Once the audit is requested and approved by the Legislative Commission, it
moves into a different jurisdiction within the Nevada Revised Statutes (NRS).
There is an entire chapter, NRS 218G, dedicated to the performance of audits
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that deals with access to record information. Once an audit has been directed
by the Legislative Commission, the LCB auditors would have access to all
records, confidential or otherwise, of the audited entity. We take this
responsibility seriously.
We consistently review sensitive records with personal identifying information
and medical information. We are cautious with these records, and NRS 218G
also provides that the work papers from our audits are confidential. When we
conduct an audit, we produce an audit report that becomes a public document.
We do not include any personal identifying information in audit reports that will
become public. The audits are supported by underlying work papers that will
contain some personal information.
There are exceptions to the confidential rule, as the documents can be
subpoenaed by a court and the audits can be shared with other governmental
officials pertaining to matters before them. It generally means documents are
being turned over to the Attorney General or law enforcement regarding some
illegal act. Our audit process accounts for the protection of personal
information, and this proposed amendment will not be detrimental to the audit.
Senator Denis:
In section 2, subsection 1, paragraphs (a) and (b) there is information regarding
the requirements that will trigger an audit. Are the reasons individual? Will an
organization have to meet both paragraphs (a) and (b) in order to trigger the
need for an audit?
Darcy Johnson (Counsel):
Any of the reasons listed could trigger an audit. The first ”or” under section 2,
subsection 1, paragraph (a) is reasonable cause to believe or has received a
credible complaint. The second “or” acknowledges that some of the documents
have to be filed with the Commission on Special License Plates and some
documents have to be filed with the Department of Motor Vehicles (DMV).
Either one of those entities with which the forms were filed, if the entity did not
receive the forms or they were not received in a timely manner, if the forms
were inaccurate or inadequate could also trigger a request for an audit.
SENATOR GUSTAVSON MOVED TO AMEND AND DO PASS AS
AMENDED A.B. 189 WITH PROPOSED AMENDMENT 6890.
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SENATOR DENIS SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
*****
Chair Hammond:
We will return to A.B. 101 on the work session agenda.
ASSEMBLY BILL 101 (1st Reprint): Revises provisions governing motor carriers.
(BDR 58-69)
Ms. Comlossy:
Referencing the work session document (Exhibit D
), A.B. 101 exempts from the
definition of “charter bus transportation” buses used to transport workers to
and from certain work sites, including construction sites, mines, and renewable
energy facilities in counties with populations of less than 100,000, which
currently includes all counties except Clark and Washoe Counties. This
exemption effectively removes the requirement that drivers of such buses obtain
and renew a driver’s permit and pay the associated fees. No amendments were
proposed, and there was no testimony in opposition to the bill.
Senator Denis:
Is this the bill where drivers would not have to obtain a special license if they
are just driving employees back and forth to the mines, but if a driver takes any
other runs, he would have to get the other license?
Chair Hammond:
Yes.
SENATOR GUSTAVSON MOVED TO DO PASS A.B. 101.
SENATOR DENIS SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
*****
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Page 5
Chair Hammond:
We will move on to A.B. 251.
ASSEMBLY BILL 251: Revises provisions governing vehicle dealers.
(BDR 43-129)
Ms. Comlossy:
Referencing the work session document (Exhibit E), A.B. 251 authorizes a used
vehicle dealer to sell a new vehicle if the vehicle has been substantially modified
by the used vehicle dealer or a third party for the benefit of a person with a
disability.
“Substantially modified” is defined as equipped or adapted to aid or allow a
person with a disability to operate, travel in, enter, exit, or load a vehicle. The
term includes: mechanical or structural changes; a device or mechanism used
for loading or unloading a wheelchair or scooter mounted on the roof, in the
passenger area, in the trunk, or other storage area of a vehicle; and mechanical
or electrical adaptive control devices installed to enable a person with mobility
restrictions to control the accelerator, foot brake, turn signal or dimmer switch,
steering wheel, or parking brake of a vehicle. No amendments were proposed,
and no testimony was provided in opposition.
Chair Hammond:
We discussed how this process evolves and how the vehicles end up in Nevada.
SENATOR MANENDO MOVED TO DO PASS A.B. 251.
SENATOR DENIS SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
*****
Chair Hammond:
We will move on to A.B. 422.
ASSEMBLY BILL 422: Revises provisions governing the operation and
equipment of motorcycles and mopeds. (BDR 43-1073)
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Ms. Comlossy:
In reference to the work session document (Exhibit F), A.B. 422 provides the
handlebars on a motorcycle or moped may not extend more than six inches
above the driver’s shoulder. The bill also prohibits a local authority from
enacting an ordinance governing the operation and equipment of a motorcycle
or a moped that conflicts with existing State laws. No amendments were
proposed, and no testimony was provided in opposition to the bill.
SENATOR DENIS MOVED TO DO PASS A.B. 422.
SENATOR GUSTAVSON SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
*****
Chair Hammond:
We will move to A.B. 449, which is the last bill on the work session agenda.
ASSEMBLY BILL 449 (1st Reprint): Provides for the issuance of special license
plates relating to the Boy Scouts of America and the Girl Scouts of
America. (BDR 43-1144)
Ms. Comlossy:
In reference to the work session document (Exhibit G
), A.B. 449 provides for
the issuance of a special license plate supporting the Boy Scouts of America.
Fees from these license plates are to be used to assist boys from low-income
families with the costs of participating in Boy Scouts and to promote the
Boy Scouts of America in schools. The bill also provides for the issuance of a
special license plate recognizing a person who has achieved the rank of
Eagle Scout. Fees from these plates are to be used to assist boys with the costs
of participating in local area camps sponsored by the Boy Scouts of America.
Similarly, A.B. 449 provides for the issuance of special license plates
recognizing a person who has been awarded the Girl Scout Gold Award by the
Girl Scouts of America. Fees from these license plates are to be used to assist
girls from low-income families with the costs of participating in Girl Scouts and
to promote the Girl Scouts of America in schools.
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Finally, the bill provides that special license plates recognizing a person who has
achieved the rank of Eagle Scout in the Boy Scouts of America or has been
awarded the Girl Scout Gold Award by the Girl Scouts of America are exempt
from the general requirements that a special license plate must: be approved by
the DMV, based on a recommendation from the Commission on Special License
Plates; is subject to a limitation on the number of separate designs of special
license plates that the DMV may issue at any one time; and may not be
designed, prepared, or issued by the DMV unless a certain minimum number of
applications for the license plate is received. The license plate is exempt from all
of the requirements. There were no amendments proposed, and no testimony
was provided in opposition of the bill.
Senator Denis:
Will there be a license plate for the Boy Scouts, one for the Girls Scouts and
one for the Eagle Scouts? Are there three or four plates to be designed from this
bill?
Ms. Comlossy:
There are only three license plates. There is one for the Boy Scouts of America,
one for the Eagle Scout and one for the Girl Scout Gold Award.
Senator Denis:
Are the Eagle Scout and the Girl Scout Gold Award the recognition award
license plates? There should not be a wait to purchase these plates once the
design has been approved.
Ms. Comlossy:
Yes. The Eagle Scout and the Girl Scout Gold Award license plates are both
exempt from the requirements of entering the queue and receiving the
recommendation by the Commission on Special License Plates. The general Boy
Scouts of America plates will have to go into the queue.
SENATOR DENIS MOVED TO DO PASS A.B. 449.
SENATOR FARLEY SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
*****
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Chair Hammond:
That concludes our work session for today. There being no further business to
come before the Committee, we are adjourned at 8:52 a.m.
RESPECTFULLY SUBMITTED:
Martha Barnes,
Committee Secretary
APPROVED BY:
Senator Scott Hammond, Chair
DATE:
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EXHIBIT SUMMARY
Bill
Exhibit /
# of pages
Witness / Entity Description
A 2 Agenda
B 1 Attendance Roster
A.B. 189 C 11 Megan Comlossy Work session document
A.B. 101 D 1 Megan Comlossy Work session document
A.B. 251 E 1 Megan Comlossy Work session document
A.B. 422 F 1 Megan Comlossy Work session document
A.B. 449 G 1 Megan Comlossy Work session document
