MINUTES OF THE ASSEMBLY COMMITTEE ON TRANSPORTATION Sixty-eighth Session June 6, 1995 The Committee on Transportation was called to order at 1;15 p.m., on Tuesday, June 6, 1995, Chairman Thomas Batten 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. David Goldwater, Vice Chairman Mr. John Carpenter Mrs. Marcia de Braga Ms. Genie Ohrenschall Ms. Patricia Tripple COMMITTEE MEMBERS EXCUSED: Mr. David Allen, Vice Chairman Mr. Dennis Nolan STAFF MEMBERS PRESENT: Mr. Paul Mouritsen, Research Analyst OTHERS PRESENT: Sven J. Nilsson, Professional Driver's Association, Las Vegas A work session was opened. A work session document was submitted for the record (Exhibit C). ASSEMBLY BILL 422 - Revises provisions relating to state highway fund and funding for department of motor vehicles and public safety and administration of state highways. Assemblyman de Braga informed the committee the subcommittee on A.B. 422 reached no conclusion. Several suggestions were developed. It was recommended the Department of Motor Vehicles (DMV) continue to transfer $6 for every registration, except in the case of pro rated vehicles where the actual amount paid would be transferred. The fund would continue to exist but would be accessible by the Highway Patrol for the intended purposes. The "slush fund" or a portion thereof would go to increase patrolmen's salaries. If the salaries were raised 15% approximately $2 million of the fund would be used. The remainder could be returned to the fund for hiring of additional officers. Ways and Means and the Senate did not recommend action in this way. The two bodies do not agree. The Assembly Ways and Means subcommittee recommended eliminating the vacancy savings in the budget account which the Transportation Subcommittee was also in favor of and in the highway patrol special budget account which the Transportation Subcommittee was not in favor of. Elimination of dedicated special fees was recommended to remain. Mrs. de Braga felt a recommendation to increase existing wages to keep experienced officers was appropriate. Ms. Debra King, Legislative Counsel Bureau Fiscal Division, explained when the Highway Patrol budget was closed by Ways and Means vacancy savings were recommended in the highway patrol special and Highway Patrol regular budget accounts. It was recommended the highway patrol special account be eliminated and merged into the highway patrol regular account. There would be one highway patrol account. Senate Finance recommended maintaining the highway patrol special account. Mrs. de Braga asked if the account would be maintained with the actual dollar amounts coming in as opposed to the $6 per vehicle. Ms. King said it was left at the current funding level which is the $6 per vehicle. Assemblyman Tripple asked where the money would come from in future years if money was taken from the "one time pot of money" for salary increases. Mrs. de Braga said she understood it would evolve back into the general account. Ms. King stated a future obligation would be created upon the highway funds and special funds requiring them to fund the higher level of salaries. Mrs. de Braga noted if the fifteen percent salary increase were given there would still be approximately $3 million in the original slush fund plus whatever comes back in. The fund is set up to hire new officers rather than increasing salaries. Mrs. de Braga felt it important to keep experienced officers first and then hire new officers. She asked if it were proper for the Transportation Committee to make a recommendation to the two money committees. Ms. King said a recommendation could be made to the money committees. The bill would be sent to the Ways and Means Committee to hear and it could be considered in conference committees. Chairman Batten attempted to clarify the process suggested by Ms. King. Mr. Gary Wolfe, Nevada Highway Patrol Association, stated the biggest concern of his association has been money sitting in a special account when vacancies exist in the highway patrol. He explained any way the committee wished to handle the situation was acceptable as long as the highway patrol could access the funds for trooper employment. Chairman Batten asked Mr. Wolfe if he had any problems with the proposed amendment or rerefering of A.B. 422 to Ways and Means. Mr. Wolfe replied there was no problem. Assemblyman Carpenter asked what salaries were recommended by Ways and Means for the highway patrol. Ms. King explained Ways and Means had not taken up highway patrol salary increases. These would be discussed when classified pay bills are heard. Mr. Carpenter asked if there was any indication of what would be recommended. Ms. King stated all she had was the Governor's recommendation. Mr. Carpenter asked what the Governor recommended. Ms. King stated the recommendation was a two grade increase amounting to 8.93% plus the 4% and the 3%. This would give troopers 13.93% in fiscal year 1996 and a 16.93 in fiscal year 1997. Mrs. de Braga noted there was still no way to access the account. She asked how it could be changed so the highway patrol could access the account except through the budget. Ms. King stated the account could be accessed. A work program to access the account was recently presented to the Interim Finance Committee. Mr. Wolfe noted the problem was in the way the system was set up before. The previous law said the money could be used to hire new troopers, not sergeants, lieutenants, etc. Elimination of salary savings gives better access to the account. Mrs. de Braga asked if inclusion of this idea in the package under consideration would bring everyone into agreement. The funds could be used for what they were intended to be used for. Mr. Wolfe said yes but recommended the committee write a letter of intent that the money is to be used solely for highway patrol purposes. In the past money intended for salaries has been used for equipment and other purposes. Mrs. de Braga asked if there would be a cap on the number of patrolmen. Mr. Wolfe said there was a cap authorized by the legislature of 349 plus the newly authorized positions. The highway patrol would be able to hire and train new cadets. Assemblyman Anderson asked for assurance from Ms. King that the money would be used to keep 100% of the highway patrol troopers on the road. Ms. King said no salary savings would be kept as the Ways and Means Committee closed the budget. Vacancies which occur could be filled immediately. They have no vacancy savings. Mr. Anderson asked if it is anticipated the highway patrol would be staffed 100%. As highway patrol employees leave, the vacancies will be filled and the artificial savings plan which is built into other agencies of government will not be considered. Ms. King said the highway patrol has the budgetary authority to keep the positions full 100% of the time. Mr. Anderson asked if the highway patrol currently had that power. Ms. King explained she meant under the way the Ways and Means Committee closed the budget for fiscal year 1996. Chairman Batten noted there were reassurances from Ms. King, discussion had been held with the Highway Patrol Association regarding the amendment. He stated a motion would be accepted and it would be rereferred to Ways and Means Mr. Mouritsen was asked to draft a letter to show it was the intent of the committee the money be used to augment highway patrol salaries and equipment. ASSEMBLYMAN DE BRAGA MOVED DO PASS AND REREFER TO WAYS AND MEANS ON A.B. 422. ASSEMBLYMAN CARPENTER SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT. Chairman Batten asked Mr. Wolfe and Ms. King to examine the letter of intent after it had been drafted. The work session was closed. The hearing was opened on Senate Joint Resolution 20. SENATE JOINT RESOLUTION 20 - Urges Congress to approve designation of National Highway System. No witnesses testified on S.J.R. 20. Assemblyman Chowning expressed appreciation to the subcommittee for their expeditious work on S.J.R. 20. No action was taken on S.J.R. 20. The hearing was closed on S.J.R. 20. The hearing was opened on Senate Bill 378. SENATE BILL 378 - Prohibiting defacement, destruction or alteration of identification number of part of motor vehicle. Mr. Dennis Austin, Assistant Chief in charge of registration, Department of Motor Vehicles (DMV), explained the bill generated from the Las Vegas Metropolitan Police Department. He gave the support of DMV on the bill. Mr. Anderson asked if the vehicle identification number (VIN) and its location in various parts of an automobile was what was being discussed. Mr. Austin stated the bill accounted for all identification numbers in all locations on a vehicle, including secret numbers on frames. Chairman Batten noted S.J.R. 20 and S.B. 378 would remain with the chairmen and would likely die if no contact was made by interested parties. Mr. Paul Mouritsen, Research Analyst, Legislative Counsel Bureau, stated S.J.R. 20 may have been requested by the Nevada Department of Transportation. The purpose of the resolution was to "prod" Congress to designate the National Highway System so federal funding for highways will be released. The hearing was closed on S.B. 378. The work session was reopened. ASSEMBLY BILL 103 - Makes various changes relating to regulation of taxicabs in certain counties. Work documents on A.B. 103 was submitted for committee use (Exhibit D) and (Exhibit E). Mr. Mouritsen explained the work documents (Exhibit D) and (Exhibit E) were based on the amended version of the bill. He explained the sections of (Exhibit D) and (Exhibit E). Mr. Anderson questioned shifts drivers could work. Mr. Sven Nilssen, Professional Driver's Association, Las Vegas, said drivers could not work more than ten hours in an eighteen hour period. Mr. Anderson asked if drivers would be allowed to work a "double back", that is, work swing shift, go home to rest, and then work the day shift. Mr. Nilssen said the issue had never been addressed. He stated it had not been a problem in the industry and noted the industry had always worked on a twenty four hour basis with shifts assigned on a daily basis. Mr. Anderson explained many transportation industries, including trucking and railroads, require employees to have eight hours off before they can begin work again. Mr. Nilssen said the 18 hour time period was written in to give drivers eight hours off after a ten hour shift. At this time Chairman Batten left the meeting to attend another meeting. The vice chair was not present. Chairman Chowning took over the committee. Mr. Carpenter noted Section 3 of the bill did not discuss hours. He asked if hours were included in an amendment. Mr. Nilssen stated hours were included in the amendment. Assemblyman Tripple addressed the issue of not discussing a particular county in legislation. Legislation was supposed to be generalized. Mr. Mouritsen said under the provisions of the law in question it would be in Clark County due to the population clause. In Section 6, if a driver is accused of an offense, he could go to the administrator of the Taxicab Authority and request certain witnesses be subpoenaed. Chairman Chowning said the language offered the administrator no choice as to whether the subpoena is issued or not. Mr. Mouritsen agreed with Mrs. Chowning's interpretation. Mr. Nilsson explained the Taxicab Authority was one of only a few state agencies with subpoena power by law. The language is included in the bill to verify the statutory subpoena power. Nothing to this effect currently exists in writing although the practice is currently being done. The committee discussed Sections 7, 8 and 9 of (Exhibit D and Exhibit E). Chairman Chowning asked why Section 9 was included. Mr. Nilsson explained drivers object to the Taxicab Authority being policemen, prosecutor, judge and getting the money from the fines. He noted the Taxicab Authority had no objection to Section 9. Chairman Chowning asked if the language was being included to take authority away from the Taxicab Authority on how they choose to spend the fines assess to drivers. Mr. Nilsson said the Taxicab Authority would have no say over use of the fines. The money would be deposited directly into the state treasury. Chairman Chowning, discussing Section 10 of (Exhibit D) asked who would decide what device would be used other than two way radio. Mr. Nilsson said computer terminals were commonly used in taxicabs to communicate with dispatch. They are not called two-way mobile radios. Mr. Nilsson called the term "two-way mobile radios" as "archaic". Some companies use cellular phones and one has drivers themselves dispatching from the cellular phones in their cabs. He noted the Taxicab Authority had no problem with the language. Chairman Chowning asked if the Taxicab Authority had the authority to allow companies to use cellular phones or if those companies using cellular phones were breaking the law. Mr. Nilsson explained the cabs also contain two-way mobile radios. The request is to allow companies to use whatever modern equipment is available as long as effective two-way communication is used. Referring to Section 10, Chairman Chowning asked who would bear the cost of adding cab numbers to the roof, trunk or hood of each cab. Mr. Mouritsen stated the cost would be borne by the cab companies. Mr. Carpenter discussed the size of the numbers. Mr. Nilsson stated it was the minimum size recommended by law enforcement. Regarding Section 14 of (Exhibit D), Assemblyman Ohrenschall asked for clarification between at and within an intersection. Mr. Nilsson explained cab stands are often next to intersections. It is often the safest place to disembark passengers or pick them up. He stated police define an intersection as beginning with the crosswalk. The cab would be adjacent to or close to the crosswalk but not having entered it. Assemblyman Anderson asked if the language would preclude drivers from picking up passengers directly at a corner and blocking crosswalks or intersections. Mr. Nilsson stated it would attempt to preclude it. He noted sometimes it does not work. Ms. Ohrenschall asked if there was any way to prevent drivers from suggesting routes to out of town customers and not telling them which route was longest. Mr. Nilsson said he felt the best protection was for customers to bring a map. He noted drivers were not authorized to lie. Mr. John Vergiles, representing Nellis Cab and other cab companies, proposed several amendments. Mr. Nilsson stated he was in favor of the items noted by Mr. Vergiles. Mr. Goldwater asked if he could go through the bill and make motions to keep and delete. Regarding Section 2, he recommended deleting the entire section. Chairman Chowning asked if he meant for the committee to not agree to Section 2 as amended. Mr. Goldwater agreed. He noted he was working off the bill. The reason for the deletion was the content of Section 2 should already be covered by regulation by the Taxicab Authority and need not be in statute. Chairman Chowning suggested voting on each section of the bill and then on the entire bill. ASSEMBLYMAN GOLDWATER MOVED SECTION 2 OF A.B. 103 BE DELETED. ASSEMBLYMAN OHRENSCHALL SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT. *** ASSEMBLYMAN GOLDWATER MOVED TO DELETE SECTIONS 3, 5 AND 6 AND TO CORRECT SECTION 4. ASSEMBLYMAN ANDERSON SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT. ***** ASSEMBLYMAN GOLDWATER MOVED TO DELETE EVERYTHING IN THE AMENDED VERSION OF SECTIONS 7 AND 8, (EXHIBIT D) EXCEPT FOR THE WORDING REFERENCING THE GENERAL PUBLIC. ASSEMBLYMAN OHRENSCHALL SECONDED THE MOTION. THE MOTION PASSED UNANIMOUSLY BY THOSE PRESENT. ***** ASSEMBLYMAN GOLDWATER MOVED TO DELETE SECTIONS 9 AND 10 OF THE ORIGINAL BILL. ASSEMBLYMAN OHRENSCHALL SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY BY THOSE CARRIED. ***** ASSEMBLYMAN GOLDWATER MOVED TO ADOPT SECTION 10 OF THE ORIGINAL BILL WITH THE LANGUAGE "A CERTIFICATE HOLDER SHALL DISPLAY THE UNIT NUMBER ON THE ROOF, TRUNK OR HOOD OF EACH TAXICAB". ASSEMBLYMAN OHRENSCHALL SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT. **** ASSEMBLYMAN GOLDWATER MOVED TO ADOPT SECTION 11 OF THE ORIGINAL BILL KEEPING SAFETY BELTS MAINTAINED IN A CLEAN, OPERABLE CONDITION. ASSEMBLYMAN OHRENSCHALL SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT. ***** ASSEMBLYMAN GOLDWATER MOVED FOR ADOPTION OF SECTION 13 OF THE ORIGINAL BILL, PAGE 7 AND SUBSECTION 8, LINES 23-26. ASSEMBLYMAN OHRENSCHALL SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT. ***** ASSEMBLYMAN GOLDWATER MOVED FOR DELETION OF SECTION 14 OF THE ORIGINAL BILL. ASSEMBLYMAN OHRENSCHALL SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT. ***** ASSEMBLYMAN GOLDWATER MOVED TO DELETE SECTION 15 OF THE ORIGINAL BILL. Mr. Anderson agreed with Mr. Goldwater's amendment to delete Section 15. Returning to the original language does not preclude concern for driver safety. Identification and deposit might preclude a young child from using a taxicab to be transported home or for other reasons. Chairman Chowning asked if there was agreement on deleting "the driver shall not refuse or neglect to transport any orderly person to that person's destination if transporting the person to the requested destination would require the driver to be on duty for more than twelve hours during any twenty-four hour period". Mr. Anderson stated he reluctantly agreed. ASSEMBLYMAN ANDERSON SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT. **** ASSEMBLYMAN GOLDWATER MOVED TO AMEND SECTION 16, SUBSECTION 6, LINE 40 BY REPLACING "MAY" WITH "MUST" AND TO ADOPT SECTION 16, SUBSECTION 6, LINES 34-43 ONLY. THE MOTION WAS SECONDED BY ASSEMBLYMAN OHRENSCHALL. THE MOTION PASSED UNANIMOUSLY BY THOSE PRESENT. ***** ASSEMBLYMAN GOLDWATER MOVED TO DELETE SECTION 17. ASSEMBLYMAN OHRENSCHALL SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT. ***** ASSEMBLYMAN GOLDWATER MOVED TO DELETE SECTION 18 EXCEPT TO EXEMPT TAXIDRIVERS FROM THE NEVADA SEATBELT LAW. ASSEMBLYMAN ANDERSON SECONDED THE MOTION. Chairman Chowning informed the committee the California seatbelt law does not apply to operators of taxicabs when the cab is driven on a city street. The reason for incorporating this into Nevada law is because the passengers are exempted from the seatbelt provision. She indicated she would be more comfortable with the city street provision. Mr. Anderson discussed drivers going onto and off of freeways which are not considered city streets. he felt permissive language allowing drivers to make the decision regarding seatbelts was more appropriate. Ms. Ohrenschall supported the idea of a driver deciding whether or not to wear a seatbelt. Ms. Tripple supported Mr. Anderson's statements. THE MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT. ***** ASSEMBLYMAN MOVED FOR DELETION OF SECTION 19 FROM THE ORIGINAL BILL. ASSEMBLYMAN ANDERSON SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT. ***** Mr. Goldwater discussed a suggested amendment requiring video cameras in all cabs. He stated he was in favor of the idea but was not comfortable adding it as an amendment to A.B. 103 at this time. Mr. Goldwater stated he would be supportive of the idea in the future. ASSEMBLYMAN ANDERSON MOVED TO DELETE REFERENCE TO THE VIDEO CAMERAS IN A.B. 103. ASSEMBLYMAN OHRENSCHALL SECONDED THE MOTION. Chairman Chowning indicated she, too, was in favor of the cameras but did not think it should be included at this time. Cost factors were discussed. A mandate would be set that an entire industry foot the entire expense of the safety measure. She felt it was something which should be left to the Taxicab Authority. THE MOTION CARRIED WITH ASSEMBLYMAN GOLDWATER VOTING NO. ASSEMBLYMAN GOLDWATER MOVED TO AMEND AND DO PASS A.B. 103. ASSEMBLYMAN OHRENSCHALL SECONDED THE MOTION. THE MOTION PASSED UNANIMOUSLY BY THOSE PRESENT. Mr. Nilsson recommended the committee draft a letter to the Taxicab Authority suggesting consideration of some of the items in the bill. Mr. Anderson volunteered to do so. Chairman Chowning stated the Taxicab Authority would be sent copies of the minutes and would be notified of the committee's actions. There being no further business to come before the committee, the meeting was adjourned at 4:10 p.m. RESPECTFULLY SUBMITTED: Barbara Prudic, Committee Secretary Assembly Committee on Transportation June 6, 1995 Page