MINUTES OF THE ASSEMBLY COMMITTEE ON TRANSPORTATION Sixty-eighth Session February 23, 1995 The Committee on Transportation was called to order at 1:15 p.m., on Thursday, February 23, 1995, Chairman Vonne Chowning presiding in Room 331 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. COMMITTEE MEMBERS PRESENT: Mr. Thomas Batten, Chairman Mrs. Vonne Chowning, Chairman Mr. Dennis L. Allard, Vice Chairman Mr. David Goldwater, Vice Chairman Mr. Bernie Anderson Mr. John C. Carpenter Mrs. Marcia de Braga Mr. Dennis Nolan Ms. Genie Ohrenschall Ms. Patricia A. Tripple GUEST LEGISLATORS PRESENT: Speaker Joseph E. Dini, Jr. Senator Ernest E. Adler STAFF MEMBERS PRESENT: Paul Mouritsen, Research Staff Jackie Valley, Committee Secretary OTHERS PRESENT: Henry Bland, Storey County Commissioner, Steve Snyder, County Manager of Lyon County, Ed Murkovich, Superintendent of Schools, Storey County, Richard Bacus, Public Works Director, Storey County, Bud Wolf, Executive Director, Nevada Propane Dealers Association, Thomas Stephens, Director of Department of Transportation, Eva Kallick, District 21, Stephanie Tyler, Representing Regional Transportation Commission, Luana Rictch, Public Health Education and Information Officer, David Hallet, Northern Nevada Bike Helmet Coalition, John Morrison, Trauma Coordinator at Washoe Medical Center, Barbara Ludwig, Executive Officer, Clark County Safe Kids Coalition, Jeff York, Manager of Bicycle Center and President BMX Association, Dr. Tom Barcia, A Physician in Reno. Lynn Bennett, President of Nevada PTA, Sharon Willians, Bicycle Helmet Coalition, Ken Huntley, Washoe Association for Retarded Citizens and Northern Nevada Bike Helmet, Kurt Christner, Citizen, Greg Harwell, Nevada AAA, Susan Newberry, Department of Motor Vehicles and Public Safety/Office of Traffic Safety, Nancy Mertz, Principal, Lena Juniper School/PTA ASSEMBLY BILL 75 Provides for designation of Six-Mile Canyon Road in St ore y an d Ly on co unt ies as sta te hig hw ay. Speaker Dini indicated at the base of Six Mile Canyon coming from Virginia City, the advantage of having this road paved is that law enforcement from Virginia City will have access to the jail and police station. Mr. Dini reiterated he felt it would be appropriate to include the Six Mile Canyon road in the state system. Mr. Dini quoted some figures from the Highway Department in reference to how many people used the Six Mile Canyon Road. Approximately 225 people are using the Six Mile Canyon road in the condition it is in. In Lyon County on Highway 50 there are 7000 cars per day. He advised traffic count is reduced on the other side of Six Mile Canyon to 4500. Opening up Six Mile Canyon Road and paving it would eliminate traffic on highway 50. Six Mile Canyon road would be viable to travel to Virginia City and assist with tourism. Tourism is the number one industry for Virginia City and a fast growing area. The schools would benefit from this improvement of Six Mile Canyon. In conclusion, Speaker Dini stated approximately 250 homes are being built in this area. Chairman Chowning asked if there were any questions from the committee, there were none. Senator Adler, Capitol Senatorial District, representing Lyon and Storey counties, spoke on behalf of A.B. 75. Senator Adler expressed this is a very important road to put in the state system. Mr. Adler further expressed that it is a safety problem when the roads are icy and school children are traveling 22 miles up a steep grade enroute to and from school. Mr. Adler expounded that Virginia City does not have the tax ability to generate funds for the roads. Mr. Adler stated if this road is put in the state system the road would be paid for by the state revenues. Virginia City residents are paying into state revenue and not receiving a fair benefit for the taxes they are paying. Mrs. Chowning asked if there were any questions for Senator Adler, there were none. Mr. Henry Bland, Storey County Commissioner, thanked the Legislators for presenting this bill. He stated the road is very much needed. He stated that it is a dirt road and in the summer time it generates a lot of traffic. During the winter months it is not suitable at all. Residents of Mark Twain refuse to drive 22 miles to Virginia City, they prefer traveling Six Mile Canyon Road which is only 6 miles. He further commented that Storey County has very few state highways. Mr. Allard asked how much does this cost? Mr. Bland stated he cannot respond to the question. Chairman Batten inquired whether Storey County would be willing to assist with $164,000 in road maintenance. Mr. Bland replied authorization must come from the commissioner's office for funding of this type. Mr. Steven Snyder, County Manager for Lyon County, stated the board is in favor of this bill. A portion of Six Mile Canyon is located in Lyon county and is paved up to Storey county line. Six Mile Canyon is under the state jurisdiction. Six Mile Canyon is the only gravel road in the state system that is unpaved. The Board of Commission views this as a health and safety issue. Many homes in Storey County are located in the Dayton area. The Lyon County sheriffs and fire department respond to accidents in this area. He further added if Six Mile Canyon were accepted in the state system, possibly at a later date it would be funded by state revenues. Lyon County cannot maintain this road due to the distance of the road service department being 30 miles away in Silver Springs. Mr. Ed Murkovich, Superintendent of Schools in Storey County, assured the committee that considerable amount of money would be saved by paving this road. The bus runs' travel time would be reduced approximately 7,000 miles a year. At the fast pace growth of Mark Twain, more bus runs will be required in approximately one to two years. The time school children spend on buses will be reduced from 1 hour to one-half hour. It was reported the school district would have a tremendous savings as far as bus drivers' wages, fuel, and transportation costs. It was estimated a loss of $50,000 a year to transport students to Lyon County rather than to Virginia City. Parents living in Mark Twain prefer sending their children to Dayton High School which is only 5 miles away, whereas Virginia city is 36 miles round trip. Buses traveling truck routes 341, and 342, are considered driving on precarious routes. These buses are large in size and heavy. If an accident occurred they could plummet 300-400 feet, therefore, Six Mile Canyon would be a much safer road. Mrs. Chowning requested a report relating to Mr. Murkovich's testimony. Mr. Batten questioned what will be the total savings of fuel and transportation. Mr. Murkovich confirmed a savings of (1) $3,000 for fuel at 28 cents per mile, (2) at $10 per hour for the bus driver a savings of $3,600 because the driving time will be lessened, (3) a total estimated savings of $50,000. Mr. Batten asked if the county would award $50,000 toward the construction of the road. Mr. Murkovich replied that school district funds cannot be used for construction or maintenance, prior approval from the Commissioner's office is required. Mrs. Chowning asked if Mr. Murkovich could include as many statistics as possible in his report. Mrs. Chowning asked if there were any more questions, there were none. Mr. Richard Bacus, Public Works Director/Storey County, stated this road is very difficult to maintain. At present, maintenance materials for Six Mile Canyon are transported from Storey County for repairs. He pointed out Six Mile Canyon Road is very difficult getting in and out of during the winter months. He further addressed that it would cost the county approximately $285,000 for materials alone, and this does not include the cost for the culverts, crossings, or bridges. The flood in 1986 wiped out the whole canyon, and trestles were used for expansion of the bridges and to keep the passage open. Mrs. Chowning requested a statistics report from Mr. Bacus. He replied, request granted. Mrs. Chowning asked if there were any more questions, there were none. Mr. Bud Wolf, Executive Director, Nevada Propane Dealers Association, testified in behalf of A.B. 75. Six Mile Canyon is designated as a state highway in Lyon and Storey Counties. Residents living in areas east of Dayton, travel to Reno through Dayton, Carson City, and Washoe Valley. Traveling through Carson City requires an additional 15 miles, and 30 minutes travel time each way. During the winter months between Washoe Valley and Reno driving conditions are sometimes unsafe. He expressed that Carson City is experiencing congested traffic problems. These problems will not be rectified until the proposed highway bypass is completed. Areas east of Dayton Valley are growing rapidly. This will compound to the present volume of traffic in Dayton and Carson City. The transfer of a Top Gun Military program for Fallon Naval Air Station brought several hundred military personnel to the area. Housing is very limited in Fallon, and areas west of Fallon will experience compound traffic as well. Mr. Wolf provided testimony and petitions with 46 signatures requesting passage of A.B. 75. (Exhibit C) Mrs. Chowning questioned if he was aware of any developer in the area. Mrs. Chowning expressed that maybe developers would contribute toward cost of Six Mile Canyon Road. Mr. Wolf replied he is aware of a new housing development east of Dayton. He mentioned there is also an industrial park in the initial stage of being constructed. Mrs. Chowning asked if there were any more questions, there were none. Mr. Thomas Stephens, Director of Department of Transportation, testified on behalf of the department and is in opposition to the bill. Residents who would benefit from this road are residents who live in Lyon and Storey counties. Residents who live in Silver Springs and Yerington travel on Highway 50 to Reno. Three and one-half million dollars is considered a high estimate for Six Mile Canyon. There are other issues that need to be considered such as right-of-way problems, property rights and environmental costs. Installation of drainage structures on gravel roads and state highways are required. The department is responsible for liability on state highways. The department is harrassed with lawsuits resulting from accidents on state highways. Ten attorneys are currently employed with the department. All state highways must meet specifications. The department has proposed to build a 28 foot wide road and this would include two, 12 foot travel lanes with 2 feet of shoulder on either side. He further added that four inches of pavement and six inches of gravel would be required in addition to the base and all the drainage structures. The Department would need an environmental assessment, and approval from the Environmental Protection Division for the drainage structures. He queried if committee members would be willing to spend $3.5 million of state money on this project. There are other competing projects for this amount of state money, such as the Spaghetti Bowl, Pyramid interchange, and many others. Mr. Stephens indicated that Weeks Cut Off could possibly be included in the state system. Residents from Yerington use Weeks Cut Off to get to Carson City and Reno. Weeks Cut Off is paved but is not up to highway specifications. He addressed the department will seek approval from the county office whether a road could be used that is currently on the system. He stressed this would eliminate the maintenance costs. Mr. Stephens referred to the map of Storey and Lyon counties, and presented a traffic count: (1) On one side of Fort Churchill Road along U.S. 50 there are 43,000 people traveling this highway. (2) On the other side there are 7,000 per day using that road due to the housing development near the interchange. (3) Going to the Fort Churchill road there are approximately 121 cars per day. (4) He stated going up Six Mile Canyon there are 225 cars per day. He called attention to this being a high figure for an unpaved road. (5) He explained on U.S. 50 past Dayton to the Junction at SR 341 going toward Virginia City and Silver City where the road splits, only 325 people use the right side and 2400 use the left side. He expressed if Six Mile Canyon is paved, an estimated 400 cars per day would use this road. Four hundred cars per day does not justify spending $3.5 million on Six Mile Canyon Road. (Exhibit D) Assemblyman Goldwater asked Mr. Stephens how he would address the public safety concerns. Mr. Stephens responded the public safety concerns are on county roads. Public safety is systematically shifted from the county to the state. He explained there are 93,000 lane miles of roads in the state and 12,000 are on the state system. He stated 80,000 of the 93,000 miles are not on the state system. Nye County has very few paved city streets. He reported there are 9700 lane miles in the county and 1100 miles in the state system. Mr. Goldwater questioned whether school children were at risk by using Six Mile Canyon Road. Mr. Stephens replied they are no more at risk than any other county road in the state. Mr. Stephens further stated there are many competing interests for state dollars and the Transportation board would have to make tough decisions on where to spend the money other than Six Mile Canyon Road. Additional federal and state dollars are needed for the Spaghetti Bowl and Pyramid interchange. He expounded the Spaghetti Bowl is a very important project and is in one of the largest metropolitan areas and located at one of the busiest intersection highways in the state. He believed the Spaghetti Bowl is a much more needed project than paving county roads. School children who travel the gravelled road are subject to bad weather during the winter months. He further asserted that school buses usually go where school children live and most school children do not live on state highways. Mr. Batten asked what would the physical impact be if one would include an environmental assessment such as the sewer and drainage, and how much this would cost? Mr. Stephens advised that a 15 percent figure amount for construction has been included to cover the engineering within the $3.5 million. Assemblyman Carpenter asked if the oil road currently in Lyon County is considered a county road or a state road. Mr. Stephens replied, it is a paved road up to Storey county line but considered as a county road. Assemblyman Allard needed clarification if school children are currently using the gravelled road. Speaker Dini assured Mr. Allard the school children are bused through Dayton and then to Virginia City. Mrs. Chowning thanked Speaker Dini for his testimony and time. Speaker Dini thanked the committee for their attention on this matter. Mrs. Chowning closed the hearing on A.B. 75. ASSEMBLY BILL 100 Requires bicycle riders to wear protective headgear. Marissa Vigo testified by teleconference from Las Vegas on behalf of A.B. 100. She stated last November 15th, her husband was in a bicycle accident with serious head injuries. Mrs. Chowning requested a copy of Mrs. Vigo's testimony. (Exhibit E) Eva Kallick, from District 21, affirmed she is not the originator of the bill. She stated she is speaking on behalf of A.B. 100. The people of Nevada are concerned with government involvement in this bill. She reported that the Texas Senate passed a mandatory helmet law. She cited in November, 1993, the Nevada Office of Traffic Safety, reported bicycle accident injuries in Nevada rose from 32.5 percent to 74.1 percent, which relates to injuries that involve bicycle/vehicle accidents. She further commented there is no reliable data to know how many unreported bicycle accident injuries occur. She advised according to CSN the Economic Insurance Research Center there is a $4.5 million cost per incident of traumatic brain injury, which occurs when a person's head hits the pavement. A hospital located in Los Angeles, California, has a tracking system on their computers in reference to how many bicycle accidents occur. In 1992-93, prior to the passage of the helmet law it was reported 4 to 5 percent of injured bicycle riders were not wearing helmets. It was reported in 1993-94 there were 60 percent injured cyclists and they were not wearing helmets. A year after a mandatory helmet law went into effect in Victoria, Australia, severe head injuries fell by 50 percent. (Exhibit F) Dr. Kevin Olsen, Director of Pediatric Emergency Services at Sunrise Children's Hospital, and Medical Advisory on Safe Coalition in Clark County, testified by teleconference from Las Vegas. He testified on behalf of A.B. 100. Serious head injuries are not frequently seen in Clark county. Bicycle accidents are not very high in the state of Nevada. Sunrise Children's Hospital provides counseling services to advise parents of wearing a bicycle helmet. From a national point of view there are 580,000 emergency room visits due to bicycle accidents. Dr. Olsen expressed that 70-80 percent of those visits are involved in some type of head injuries. The state of Nevada does not have good statistics to support this bill. An estimated 2400 -2500 emergency room visits in the state of Nevada are related to bicycle injuries. Most of these accidents are in young children ranging from ages 5-14 years old. In 1993 there were 23,000 hospital admissions due to bicycle head injuries. It was reported in 1993 in Nevada there were 9 deaths. There were approximately 1200-1300 deaths nationwide related to bicycle accidents. Many research studies have been completed to support the bicycle helmet. According to one study it was estimated that children and adults are 8 times more likely to have head injuries if they are not wearing helmets. It was quoted there is 20 times more likely a chance of death if not wearing a helmet. There is approximately $4.5 million per treatment cost per child who suffer from head injuries. Mrs. Chowning asked if statistics could be provided. Assemblyman Batten questioned whether some of these injuries are sustained from falling out of a wagon. Dr. Olsen replied head injuries are sustained from different kinds of falls. Mrs. Eva Kallick continued her testimony. This law is enforceable and similar to the child`s restraint seats law. A.B. 100 can be considered as a "fix-it" bill, thereby lowering a penalty. Citation of minors are revised in N.R.S., listed as: (1) jaywalking, (2) curfews, and other related items, (3) a helmet law is a tool. Law schools need to take action so that students are aware of the helmet issues. Two sessions ago the legislative body passed a concurrent resolution urging the State Board of Education to adopt regulation concerning bicycle safety. Each school district was instructed to develop a policy regarding protective headgear for school age children. No evidence shows that the recommendation has been executed. Education programs are currently in place with very little effect. Senator Richard Bryan was among the sponsors of the Child Safety Protection Act. The Child Safety Protection Act establishes federal standards for bicycle helmets. In the safety grant program, in some states children are encouraged to use bicycle helmets. (Exhibit F) Assembywoman Ohrenschall needed clarification on the term of bicycle. Would a three wheeler be considered a bicycle? Mrs. Kallick responded yes, it is considered a bicycle. Assemblyman Chowning inquired if the definition of a bicycle would be provided in the statute for the committee. Mrs. Kallick responded yes. Assemblyman Anderson stated it is his understanding that according to Mrs. Kallick's statement in reference to the resolution it has not been followed up by a mandated program. Mr. Anderson inquired if the headgear has been focused on by education programs. Mrs. Kallick replied that it has been done by the individual teachers or PTA. She stated it has not developed into a policy for all the school districts. Personnel have not been contacted for implementation of these plans. Assemblyman Tripple commented that if a bicycle is purchased a helmet should be purchased also. Mrs. Tripple conveyed the responsibility should be placed on the individual rather than schools or education programs. Mrs. Kallick agreed but noted she is not capable of contacting every retailer in the state of Nevada. Mrs. Tripple expounded she felt very strongly a helmet is a piece of equipment and should be part of a bicycle and should not be considered a separate issue. Mrs. Kallick replied a bicycle and a helmet are separate issues. Mrs. Kallick referred to A.B. 100: (1) Section 1 lines 2 & 3, "the intention is not to impose civil penalty, but to simplify it which goes back to the fix-it bill concept." (2) Section 2 No. 2: "amend the word "child" to "minor" because minor is better defined within the statutes". (3) Section 4 No.1; "in the orginal bill draft request it was for a special account but it was converted to a trust fund. According to the Treasury Office a trust fund will be very costly." (4) Section 4 No. 3: "this section states programs to educate the public; there is an office in existence with the state government to educate the public. It is funded by grant money." (5) She expressed in Section 7 the language is very cumbersome for a fix- it situation. She explained lines 17 & 18 are limited to specific language. Stephanie Tyler, representing Regional Transportation Commission of Washoe County, and the city of Sparks, stated the city of Sparks very strongly supports the provisions of this bill. She expressed that Phil Ives, Council member, has taken this on as a personal issue. The city of Sparks would like very much to be involved with the amendment process. She testified on behalf of the Regional Transportation Commission. They realize the importance of safety and very strongly support the concept within this bill. The Regional Transportation Commission has some concerns. They are concerned with the $100 fine. They felt it could become a stumbling block. She expressed in Section 6 the liability issue was also a concern. Mrs. Chowning asked if there were any questions from the committee for Ms. Tyler, there were none. Assemblyman Nolan commented he wished to commend Mrs. Kallick for her effort on this bill. Mr. Nolan stated that bicycle helmets do save lives in the event of an accident. Mr. Nolan expressed that he is torn, because people involve themselves in activities that put them at risk of suffering head injuries at some degree. Mr. Nolan asked where do we as citizens draw the line asking the government to take the responsibility? He articulated that individual citizens need to assume the responsibility of their children and loved ones. He mentioned that in the November 8th election one of the messages that was sent loud and clear by Nevada voters was " we want less government in our lives." Mr. Nolan felt this was another intrusion and should be the responsibility of the individuals. Mrs. Kallick concurred with Mr. Nolan`s comments. Mr. Batten requested legal advice from Mr. William Graham, District Attorney's Association or Lieutenant Galeoto. Mr. Batten questioned what age would an officer be able to issue a misdemeanor summons. Mr. Batten stated under the current law if a child refused to sign a summons he would be taken into custody. Mr. William Graham responded if a citation is issued, the child would have to report to some type of juvenile court process. The parents would be notified and an appointment made for an interview. Mr. Batten asked if it was the officer's responsibility to take the child home or to a juvenile facility. Mr. Graham responded if an officer issued a citation, the officer would escort the child home or possibly to a juvenile facility. Assemblyman Allard commented there is no question this helmet law will save lives. Mr. Allard stated it is not the safety he is concerned with but placing the responsibility on the government. Assemblywoman Ohrenschall needed further explanation on Section 6, "a violation of the provisions of Section 1 of this act may not: (1) Be considered negligence or causation; (2) limit the liability plaintiff; or (3) reduce the amount of damages recovered by a defendant." Mr. Graham responded this would impose on the total liability and the potential negligence, therefore, this would leave it neutral as far as liability and damage standpoint. Stephanie Licht, representing Elko County Commissioners, read a statement regarding their concerns of A.B. 100 stating the Elko County Commissioners are in opposition of A.B. 100. (Exhibit G) Luana Ritch, Public Health Education and Information Officer, expressed the Health Division's support of A.B. 100. The use of bicycle helmets is effective in preventing head injuries. She stated helmets are designed to protect the brain and skull during an impact. She reported on data from the State Health Trauma Registry. In 1993 Nevada bicycle trauma injury had the highest rate of fatal injuries. Ninety three percent of the 192 reported trauma cases involved those who were not wearing a helmet. There were 11 fatalities in this group. Of this group the 7 percent that were wearing helmets had no fatalities reported.(Exhibit H) Assemblyman Goldwater asked if there was any empirical evidence that by passing a law and mandating helmets it will change people's behavior in a significant way. Luana Ritch replied that in the MMWR report on Pages 8 & 9, Table 2, it provides data on the evaluation of legislation and community programs. In Victoria, Australia a study made after helmet legislation was introduced, showed that between March 1990 and March 1991, the helmet use rate in children was 36 percent. Post legislation helmet use rate in children was up 73 percent. (Exhibit H) Mr. Anderson asked if Ms. Ritch is aware of any legislature that would model the concept that was presented by Mrs. Tripple. Ms. Ritch replied she is not aware of any national legislation that would require purchasing a helmet. There are community campaigns combined with the legislation requirement of wearing a helmet. She stated there are community campaigns that encourage distributing discount coupons for use of a helmet when purchasing a bike. David Hallet, Northern Nevada Bike Helmet Coalition, spoke on behalf of A.B. 100. He stated A.B. 100 is a proposal for a comprehensive law requiring all persons riding bicycles on the streets or highways of Nevada to properly wear an approved bicycle helmet. He further commented that health care costs are increasing at an alarming rate and can be far beyond the ability of the average person to pay. In the case of crippling brain injury as the result of a bicycle crash or accident, as much as 90 percent of these can be prevented by properly wearing an approved bicycle helmet. It is estimated by the Head Injury Foundation that the cost over a lifetime for the maintenance of a person suffering from brain damage is $4.5 million. The government pays at least $9 million for the long term care of all brain injury victims. (Exhibit I) Mr. Batten asked if it is the responsiblity of the government, or the parents and caregivers to enforce the helmet use of their children. Mr. Hallet responded that our society is not at free will to do as they please. It has always been a give and take situation. He further stated the responsibility for accepting the consequences of poor decision rests solely and entirely upon the person affected. Assemblyman Alllard commented he does not believe the government has the right to legislate responsible behavior. Mr. Allard expressed that we are interconnected and we do have to pay the price for one another on many issues. Mrs. Tripple expressed realistically the manufacturer of bicycles should include a helmet as part of the bicycle. Mr. Hallet concurred with Mrs.Tripple's concept. Mr. John Morrison, Trauma Coordinator at Washoe Medical Center, stated head injuries are extremely difficult to take care of. Bicycle crash victims have multiple injuries, most of which if damage is not too severe are very easy to take care of. Head injuries are time consuming and very costly. There are three components of prevention that can deter head injuries (1) educating the people; (2) to create a law or; (3) airbag. He stated according to one study the helmet law compliance was 80 percent. (Exhibit J) Barbara Ludwig, Executive Officer, Clark County Safe Kids Coalition, is in support of A.B. 100. She stated there are statistics showing parents feel if their child owned a helmet they would not wear them because of the nerd issue. She further commented one of the things that would help parents get over the nerd issue is to legislate it. Once it becomes a law it will be much easier for parents to enforce it. She informed the committee that most all retail stores carry helmets ranging from $16 to $89. At the Safe Kids Coalition, and similar coalitions, helmets can be purchased at $9.95 and in some cases are provided free. ( Exhibit K) Jeff York, Manager of Ken Kindle's Bicycle Center, President of BMX Association in Carson City, testified in support of A.B. 100. He stated if this law is passed it will become a very good habit for the children. He stated with every purchase of a bicycle he will encourage one to purchase a helmet. Dr. Tom Barcia, a physician in Reno, in opposition of A.B. 100, stated he wears his helmet and enforces it upon his children. He further commented that there has not been one good reason to pass a law on helmets. He opposes A.B. 100. Dr. Barcia pointed out bicycle injuries are very minute compared to cigarette smoking. He further explained that cigarette smoking is far more risky than bicycle injuries. He expressed that cigarette smoking should be outlawed. James Thompson stated he is against A.B. 100. He expressed this would be a bad law because it would take away his right to choose. He further expressed: "would you make me a criminal because I choose not to wear a helmet"? (Exhibit L) Lynn Bennett, President of Nevada PTA, stated the National PTA in 1990 adopted a position statement. She further expressed the National PTA supports the adoption of the legislation that requires bicycle helmet use. She commented on Bike Safety/Bike Rodeo. A bike rodeo is an all day event that brings together adults to teach kids the skills they need to survive on the road. It consists of courses to practice skills and displays to educate children and parents. The Nevada PTA's issue is sometimes they have to legislate children's safety because some parents will not handle it on their own. (Exhibit M) Sharon Willians, Bicycle Helmet Coalition, stated that she is employed as a Program Director of Brain Injury Services at the Rehabilitation Hospital in Reno. She stated if education would do the job we would all be out educating. Children need to be protected. She stated the next step to protect children and adults who ride bicycles is by mandating helmet laws for people who ride bicycles on public roadways. Ken R. Huntley, Washoe Association for Retarded Citizens and Northern Nevada Bike Helmet, said there are two preventative measures. (1) He stressed the critical tool needed to educate individuals and for the critical need for safety helmets. (2) To prevent possible head injuries one should wear a safety helmet. Kurt Christner, citizen, opposed A.B. 100. He stated A.B. 100 attempts to coerce bicycle riders to wear helmets with the threat of a $100 fine. He expressed that it will turn an honest citizen into a criminal. He stated everyone should have the freedom to make responsible choices of their own. (Exhibit N) Greg Harwell, Nevada AAA, expressed they support A.B. 100. He stated they support bicycle safety programs and laws in the school. Nevada AAA offers education materials to schools as well as bicycle safety rules. He expressed they are pleased the bill requires helmets on all bicycle riders, not just children. Mrs. Chowning communicated no action will be taken on this bill today. Sue Newberry, Department of Motor Vehicles and Public Safety/Office of Traffic Safety, stated N.R.S. 483.203 created a position in the Department of Motor Vehicles and Public Safety for an education officer to administer a safety program concerning interaction among motor vehicles, bicycles, and pedestrians. Programs to teach children safe behavior in traffic are presented in cooperation with elementary school teachers. Many adults use bicycles as a transportation device and not as a recreational tool. Some of those people have to choose their priority from very limited budgets in purchasing a helmet. She expressed if A.B. 100 was mandated we give them no choice and their priority level will change. She stated she supports the passage of this bill. (Exhibit O) Assemblywoman Ohrenschall inquired if the heat in the Las Vegas area would discourage people from using a helmet. Sue Newberry responded there might be a perception that the helmets are hot. Helmets can be worn in the summer time. Some of the helmets are designed to provide ventilation. Nancy Mertz, Principal, Lena Juniper School/PTA, Sparks, Nevada, expressed under the directive from the Senate Concurrent Resolution, Number 4, in 1991, it was a policy to adopt regulations which require every school district to develop a policy on protective headgear for pupils who ride their bikes to school. A policy was established at Lena Juniper School and the school was forced to take it back because it was advised by legal counsel that you could not enforce a child to wear a helmet because there was no law. For a year and a half the policy was in effect at Lena Juniper School and every child wore a helmet. She stated she urges passage of this bill. Mrs. Chowning asked if there were any comments from the committee and there were none. Mrs. Chowning closed the hearing on A.B. 100. Ms. Juanita Cox did not speak but presented her testimony. ( Exhibit P) There being no further business the meeting adjourned at 4:19 p.m. RESPECTFULLY SUBMITTED: Jackie Valley, Committee Secretary APPROVED BY: Assemblyman Thomas Batten, Chairman Assemblyman Vonne Chowning, Chairman Assembly Committee on Transportation February 23, 1995 Page