MINUTES OF THE ASSEMBLY COMMITTEE ON TRANSPORTATION Sixty-eighth Session March 23, 1995 The Committee on Transportation was called to order at 1:15 p.m., on Thursday, March 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 E. Goldwater, Vice Chairman Mr. Bernie Anderson Mr. John C. Carpenter Mrs. Marcia de Braga Mr. Dennis Nolan Ms. Genie Ohrenschall Ms. Patricia A. Tripple STAFF MEMBERS PRESENT: Paul Mouritsen, Senior Research Analyst Jackie L. Valley, Committee Secretary OTHERS PRESENT: Mary Liveratti, Deputy Administrator, Division for Aging Services Fred Droes, Assistant Chief Road Design Engineer, Dept. Of Transportation Daryl James, Chief of Environmental Services, Dept. Of Transportation Chairman Chowning opened the meeting with a work session, (Exhibit C,) and requested a motion for indefinite postponement of A.B. 101. The sponsors of the bill had asked that it be withdrawn. ASSEMBLYWOMAN MARCIA DE BRAGA MOVED TO INDEFINITELY POSTPONE A.B. 101. ASSEMBLYWOMAN PATRICIA TRIPPLE SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. Mrs. Chowning asked Assemblywoman Ohrenschall, who chaired the transportation subcommittee, if she was ready with her report on A.B. 102. Ms. Ohrenschall stated the subcommittee, consisting of Assemblyman Carpenter and herself, met the preceding day and wished to submit the following report: The Advisory Board on Automotive Affairs was organized by the Legislature in 1989 in response to complaints from automobile body shops regarding the alleged practices of insurers of motor vehicles. Body shop operators had three concerns which were put into the statute that organized the board. They objected to the alleged practice of some insurance companies which required shops to install aftermarket parts. Second, they objected to the methods used by insurance companies in determining prevailing rates for automobile body work. Third, they were concerned about the alleged practice by some insurers in directing policy holders to a particular shop for vehicle repairs. Ms. Ohrenschall said body shop operators contended these issues could only be addressed by an official board, such as this one, because insurance company representatives were otherwise unwilling to negotiate. During the first two years of its existence, the board met frequently and proposed several administrative rules, as was its purpose according to the enabling statutes. These included a regulation, which was later adopted, that body shop customers be informed of the use of aftermarket parts in the repair of their vehicles. The board also reviewed and approved the survey form used to determine prevailing rates for automobile repair. In addition the board has discussed policies regarding the referral of policy holders to body shops although no regulation of the issue has yet been adopted by the Insurance Division. Although A.B. 102 proposes to add representatives of towing companies to the board, no spokesman for any towing company testified at the subcommittee hearing. In fact, several persons who had indicated they wanted to be witnesses at the subcommittee hearing did not show up. Instead, discussion centered on the activities of the board and the question of whether the board should continue to exist. Ms. Ohrenschall noted body shop operators testified the board serves a useful purpose, since it forces representatives of the insurance industry to discuss issues of concern to the body shops. Otherwise, this dialog would not occur. A spokesman for the insurance company, however, contended the board is not a proper forum for discussing the concerns of body shop operators, since insurance representatives are prevented by their obligation to maintain the confidentiality of information regarding policy holders from responding to specific allegations made by shop owners. Insurers also stated the board, in recent years, had met briefly, infrequently and sometimes only held meetings in order to meet the minimum legal requirement of its legal existence. Spokesmen for automotive engine repair facilities testified they would not object to having the board disbanded, but if it continued to exist, they would like to have it expanded to include representatives of their industry. Members of the board itself who testified stated they did not know where the bill to expand the board to include representatives of the towing industry had originated and they were puzzled by the absence of any proponent of that particular expansion who could have come forward and claimed it. Ms. Ohrenschall noted testimony in the subcommittee hearing focused on whether the board should continue to exist, rather than whether it should be expanded to include representatives of tow car companies. The subcommittee concluded that the question of whether to abolish the board was outside the scope of its charge from the Transportation Committee, however the subcommittee was of the opinion the proposed expansion of the membership of the board cannot be justified at this time. Therefore the subcommittee would recommend that the committee indefinitely postpone this piece of legislation. Mrs. Chowning announced she would accept a motion on A.B. 102. ASSEMBLYMAN BATTEN MOVED FOR INDEFINITE POSTPONEMENT OF A.B. 102. ASSEMBLYMAN DENNIS ALLARD SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. Ms. Ohrenschall thanked the committee's research analyst, Paul Mouritsen, for his invaluable assistance in preparing for the subcommittee hearing, getting the Legislative history together and assisting her in preparing the subcommittee's report. Mrs. Chowning thanked both Mr. Mouritsen and the subcommittee members for the hard work they had done on a difficult issue and she added review of all boards might possibly be something to suggest to the Assembly Ways and Means Committee. She commented too many times a board is begun and though its function is over, statute states the board must meet a specified number of times per year, so taxpayers' dollars and people's time are spent in unnecessary meetings. Ms. Ohrenschall added the subcommittee also noted the danger in a board that had fulfilled most of its functions becoming an extra layer of bureaucracy that ultimately slowed things down and increased costs to consumers. She asked if the subcommittee felt the Insurance Division was accomplishing the concerns of the advisory board. Ms. Ohrenschall responded there had been testimony from the Insurance Commissioner that he is authorized by statute to follow all the concerns the advisory board had been charged with in its statute. Mrs. Chowning called upon Mr. Glover to proceed with his testimony concerning S.B. 66. Bruce Glover, Chief of the Drivers License Division of the Department of Motor Vehicles and Public Safety, mentioned he presented S.B. 66 to the Committee the preceding Thursday. The Committee felt the bill needed to be amended somewhat to delineate how motorcycle driver tests would be waived. Mr. Glover presented proposed changes to the language in Nevada Revised Statute (NRS) 486, (Exhibit D,) which deals specifically with motorcycle drivers. Ms. Ohrenschall asked if, in NRS 486.131 where the proposed language states, "to be properly examined", Mr. Glover would be amenable to adding a cross reference, "as set forth in NRS 486.071" for clarification. Mr. Glover stated he would be amenable to almost anything that would get the bill passed. Assemblyman Anderson said he would like to make a motion to amend S.B. 66 and ask the bill drafter to draft in the appropriate language as outlined in Mr. Glover's memo. ASSEMBLYMAN BERNIE ANDERSON MOVED AMEND AND DO PASS ON S.B. 66. ASSEMBLYMAN THOMAS BATTEN SECONDED THE MOTION. Mrs. Chowning requested discussion on the motion. Mr. Allard commended Mr. Glover on the work he had done on the amendment and agreed S.B. 66 was much needed. He added the Department of Motor Vehicles (DMV) is constantly getting hit by the public because of its lengthy lines and lack of service and this would be a way to shorten the lines, give better service without raising taxes and he applauded the effort. Assemblyman Nolan asked if Mr. Anderson, in his motion to amend, had included the language recommended by Ms. Ohrenschall which more clearly defined "properly examined" by referring back to earlier statute. Mr. Anderson, stating it was his understanding Mr. Glover had accepted Ms. Ohrenschall's recommendation to cross reference to NRS 486.071, agreed it was his intention that his motion include that. Mrs. Chowning asked Mr. Batten if he agreed. Mr. Batten agreed. Mrs. Chowning, reiterating it had been moved and seconded to amend and do pass S.B. 66, called for the vote. THE MOTION PASSED UNANIMOUSLY. Mrs. Chowning closed the work session and opened the hearing on A.B. 310. ASSEMBLY BILL 310 - Makes appropriation to aging services division of department of human resources for production, publication and distribution of directory of transportation services for aged and disabled persons. Assemblyman David Goldwater, prime sponsor of A.B. 310, testified the bill may be the most important bill of this Session. In his district, as in all districts in Nevada, there are older people who, for some reason or another, are no longer mobile. They cannot drive a car and living in the West where the landscape is very expansive, it is difficult to get from point to point without one. Without the ability to be mobile, one is virtually a prisoner. It is particularly bad in his district, the central part of Las Vegas. Upon researching the barriers for people to access some of the public transportation or transportation services available he discovered cost, which one might think the prime barrier, was not the biggest problem. The biggest barrier was people not knowing what services were available. It was a lack of information. A.B. 310 directs Aging Services to put together a pamphlet showing exactly what services are available, who provides them, at what cost and to what geographic area. There may currently be a mention of senior transportation options in existing brochures of senior services, however, those lists are so large they can be daunting and not easily accessed. Mr. Goldwater requested support from the Committee for his bill, and added it is a joint referral to Ways and Means because it contains an $8,000 per year appropriation. Mr. Allard wondered if production of the pamphlet could be accomplished by having the various entities that prepared the existing brochures produce a culminated volume that would enumerate all the services available in one handy booklet. That would alleviate the necessity for additional funds. Mr. Goldwater responded he had researched that option, but only through legislation could he direct that it be done. He noted Division of Aging Services could be directed to do this without the appropriation but that would be an unfunded mandate, which in his view is irresponsible. Mr. Allard asked if the Department of Aging Services is currently spending money on brochures that already contain much of this information. Mary Liveratti, Deputy Administrator, Division of Aging Services, replied her agency currently puts out a directory of dependent care resources which is prepared annually and includes services for all dependent persons, not just seniors. The problem is the dependent care resources directory is very bulky and what Mr. Goldwater has envisioned is a pocket-sized directory that could be put in a purse or pocket. It would be done on a county-by-county basis, whereas the existing directory includes the entire state. The current directory deals only with public services; the transportation directory would include private services available and their fees in addition to public services, non profit groups and taxi services. The pamphlet would serve people with disabilities of any age and not just seniors. Mr. Allard mentioned private entities included in the directory might be induced to advertise and the booklet could be paid for that way. He noted the booklets would be going to all the senior centers, would have a wide distribution and would be valuable from an advertising standpoint. He added getting the appropriation through Ways and Means might be difficult even though the legislation is worthy. Mr. Goldwater interjected there might be a policy problem in the concept of a public entity trying to produce revenue in the form of advertising in their directory. Mr. Allard disagreed, saying it had been done before. Mr. Goldwater, still doubtful, added it was a rather small amount being requested. He noted he would deal with the funding aspect during the Ways and Means Committee hearings and for now, he just wanted to discuss the transportation aspect. Mr. Nolan, agreeing with Mr. Allard, related his recent experiences with the Ways and Means Committee during which his legislation, which only had a three thousand dollar fiscal note was "eaten alive" and suggested Mr. Goldwater might want to have some other options. He asked how the directory was going to be distributed to people with disabilities who might not have access to the Division of Aging Services. Ms. Liveratti responded they envisioned working with a lot of the organizations that already deal with disabled people and their issues to make certain the information gets out and the directories made available. They estimated between 5,000 and 10,000 copies of the directory would be printed, so it would be available on a massive scale throughout the state. Mr. Nolan asked Mr. Goldwater to provide the Committee with a demographic report of the people who would use this directory. Mr. Goldwater agreed to do so. Ms. Tripple asked if the information needed to compile the directory was already at hand or if there would be a cost factor to gather it. Ms. Liveratti replied the appropriation included the cost of someone to compile the information and be in charge of statewide distribution. They already have the information concerning public agencies involved in transportation, but nothing on the for-profit groups that are available so someone would have to compile all that information together for the booklet. Ms. Tripple questioned whether a small, in-your-pocket booklet compiled for the state as a whole would actually be that small. Mr. Goldwater responded the booklet would be broken out by county, for instance Clark County would have a directory and Washoe County would have a directory. The design would be up to the Division of Aging Services' creative department. Ms. Liveratti added some county directories would be very small; and some like Clark County would be several pages long. She envisioned a small booklet or pamphlet, easily carried in a pocket or purse so it would be readily accessible. Mr. Anderson asked about the size of the type in the proposed booklet/directory and whether it would be reasonable for senior citizens. Ms. Liveratti stressed her agency always considers that in laying the format out with large enough print for ease of reading. Mr. Goldwater added he did not lay any design specs out in the legislation and he would leave that to the Division of Aging Services. Mrs. Chowning asked where the figure of $8,000 per year had come from. Ms. Liveratti responded they went to the state printer, got some bids on what the costs might be and then calculated distribution expenses as far as mailing, postage and envelopes. The $8,000 includes all those costs plus the expense of contracting with someone who would put the information together. She volunteered to get a more detailed breakout for the Committee. Ms. Liveratti added the estimated postage expenses are just a guess. Mr. Goldwater interjected the legislation is not restricted to $8,000 and added if the project costs less, the money would be returned to the General Fund. If the project goes over budget, the department would have to make up the difference. With no further questions, Mrs. Chowning closed the hearing on A.B. 310 and stated they would not be taking a vote. Mrs. Chowning presented a request for a bill draft that would create a taxicab authority, similar to Clark County's, in Washoe County that would be able to allocate the number of taxicabs among certificate holders. ASSEMBLYMAN THOMAS BATTEN MOVED FOR PREPARATION OF THE BILL DRAFT. ASSEMBLYMAN DENNIS NOLAN SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. Mrs. Chowning next presented Bill Draft Request 27-421 which would require that certain motor vehicles purchased by public bodies comply with average fuel economy standards established by federal government. ASSEMBLYMAN THOMAS BATTEN MOVED FOR COMMITTEE INTRODUCTION OF BILL DRAFT REQUEST 27-421. ASSEMBLYMAN BERNIE ANDERSON SECONDED THE MOTION. THE MOTION CARRIED WITH TWO IN OPPOSITION. Bill Draft Request R-419, urges President and Congress to support efforts to build and use super speed trains which operate by magnetic levitation. ASSEMBLYMAN BERNIE ANDERSON MOVED FOR COMMITTEE INTRODUCTION OF BILL DRAFT REQUEST R-419. ASSEMBLYMAN THOMAS BATTEN SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. Ms. Ohrenschall requested the committee consider an introduction of a bill that would require big-rig trucks to drive in the right lane, except when passing; a piece of legislation that would parallel existing California legislation. ASSEMBLYMAN THOMAS BATTEN MOVED FOR DRAFTING OF A BILL REGARDING BIG-RIG TRUCKS DRIVING IN THE RIGHT LANE. ASSEMBLYMAN DENNIS NOLAN SECONDED THE MOTION. THE MOTION CARRIED. (ASSEMBLYMAN DENNIS ALLARD OPPOSED.) Mr. Anderson, referring to a letter from Kim Morgan, Assembly Bill Drafting Adviser, to Mr. Carpenter, (Exhibit E,) would like to move for reconsideration of A.B. 205. Mr. Anderson voted on the prevailing side and felt it could be brought back to committee and straightened out there rather than embarrassing the committee on the Assembly floor. ASSEMBLYMAN BERNIE ANDERSON MOVED TO RECONSIDER A.B. 205. ASSEMBLYMAN THOMAS BATTEN SECONDED THE MOTION. Mr. Allard reiterated the bill would be brought back to the committee for the purpose of amending the number of miles on the car. Mr. Anderson agreed the bill would be brought back to close all loopholes and make certain Mr. Carpenter's concerns are handled within the committee. If there are any additional problems, they would also be handled within the committee. Mr. Allard asked if Mr. Carpenter had any additional amendments other than the one concerning mileage and noted a car is considered "used" if it has more than 500 miles under existing statutes. Mr. Carpenter, referring to the letter from Kim Morgan, believed there are three other areas that also need attention. The situation both he and Mr. Anderson were trying to solve is a problem. Mr. Carpenter did not want members of the general public not to have all the opportunities to sell vehicles they may want to sell through whatever means they choose. Another problem Kim mentioned is stated in the last paragraph of her letter and involves the creation of a third class of car; so there would be new cars, kind of new cars, and used cars. Mr. Carpenter did not want to pass a bill out of the Committee and hear from the public later that options as far as selling cars had been taken away. He planned to work with Kim, the Department of Motor Vehicles' legal counsel and Mr. Sparks to get the proper amendments. Mrs. Chowning interrupted to remind the committee detailed discussion could be conducted at the time an amendment comes forward. She added what the Committee is voting on is whether or not to reconsider A.B. 205 and she called for a vote. THE MOTION CARRIED UNANIMOUSLY. Next, a video tape of Six Mile Canyon Road, (Exhibit F,) was presented by Fred Droes, Assistant Chief Road Design Engineer for the Dept. Of Transportation (DOT) and Daryl James, Chief of Environmental Services Division for the DOT. The tape concerned A.B. 75 which the committee will be voting on in the future and pictured an alternate route to Reno via Virginia City from the Dayton/Stagecoach area. Rather than going to Fernley and Interstate 80 or into Carson City this would be a definite shortcut. Mr. Droes stated the tape came from the planning division at DOT. They videotape every road in the state so they are able to look at those tapes at headquarters. Mrs. Chowning, noting the muddy condition of the road made it impossible for the committee members to tour, thanked Mr. Droes for providing the videotape. She mentioned being able to see the route would be very helpful in future deliberations on A.B. 75. There being no further business, the meeting was adjourned at 3:15 p.m. RESPECTFULLY SUBMITTED: ___________________________ Terry Horgan Committee Secretary APPROVED BY: __________________________________________ Assemblyman Thomas Batten, Chairman __________________________________________ Assemblywoman Vonne Chowning, Chairman Assembly Committee on Transportation March 23, 1995 Page