On a party-line vote Monday, the Nevada Senate upheld Gov. Kenny Guinn's veto of a bill to force the Department of Transportation to answer to a legislative oversight committee.
Guinn, in his veto message, said the committee is not needed and would step across the line into the executive branch and violate the U.S. Constitution's separation of powers.
"It appears to require the (NDOT) board to receive prior approval for its actions from the legislative committee," Guinn's message said. "If so, this raises substantial constitutional issues."
Joining the senators in backing away from the plan -- which was approved unanimously at the end of the 2001 Legislature -- was Sen. Mark Amodei, R-Carson City, who co-sponsored SB56 and argued for its passage.
Several Democrats, led by Minority Leader Dina Titus, D-Las Vegas, echoed Amodei's arguments from two years ago, saying NDOT spends hundreds of millions of dollars each year with little regard for the needs of Nevadans.
"With all due respect to the governor, this created a much-needed legislative oversight," she said.
"We need to assure the public that we are watching their tax dollars, and nowhere is this more critical than transportation because the dollars are so huge."
NDOT's proposed two-year budget is more than $1.2 billion.
Sen. Bob Coffin, D-Las Vegas, went so far as to blame shoddy work and bad designs for unnecessary roadway deaths.
Amodei said he was voting to uphold the veto, "but it's going to be because of some of the things that happened in the interim." He cited the audit, pointing out that NDOT has promised to comply with those recommendations. He also said Tom Stephens will leave as department director in May, and the leadership change should help.
Coffin said that's nothing more than the same promise lawmakers and governors have been getting for decades with no results.
"Today, in the 21st century, nothing has changed," he said, arguing the Carson City-based designers of those roads are out of touch with what Nevadans need -- especially in Las Vegas.
"They don't drive those roads," Coffin said. "They don't know what we're living with."
"I'm saying I am going to five these folks the chance to perform," Amodei said.
It would have taken a two-thirds majority to override Guinn's veto. The final vote was 13-8 to sustain the veto, ending the debate.