MINUTES OF THE SENATE COMMITTEE ON TRANSPORTATION Sixty-eighth Session April 20, 1995 The Senate Committee on Transportation was called to order by Chairman William R. O'Donnell, at 1:40 p.m., on Thursday, April 20, 1995, in Room 226 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. COMMITTEE MEMBERS PRESENT: Senator William R. O'Donnell, Chairman Senator Maurice Washington, Vice Chairman Senator Lawrence E. Jacobsen Senator Jon C. Porter Senator Joseph M. Neal, Jr. Senator Raymond C. Shaffer Senator O. C. Lee STAFF MEMBERS PRESENT: Don O. Williams, Chief Principal Research Analyst Diane Rea, Committee Secretary OTHERS PRESENT: Ben Graham, Lobbyist, Legislative Representative, Clark County District Attorney, Nevada District Attorney's Association Roger Whomes, Deputy District Attorney, Nevada District Attorney's Association, Washoe County District Attorney's Office (NDAA/WCDA) Sandy Heverly, Executive Director, STOP DUI Nick Rizzo, Concerned Citizen, STOP DUI Paul Snodgrass, Alcohol DUI Program Coordinator, San Francisco Office of the National Highway Traffic Administration, U.S. Department of Transportation Judy Jacoboni, Chapter President, Mothers Against Drunk Driving (MADD), Lyon County Maria Fassett, Criminal Forensic Science Division, Washoe County Sheriff Captain Jim Nadeau, Commander Incline Substation, Washoe County Sheriff Van Heffner, Lobbyist, Nevada Hotel & Motel Association and Nevada Restaurant Association Walter McClure, General Manager, Palm Restaurant, Las Vegas, Nevada Gene Hill, Chairman of the Board, Nevada Licensed Beverage Association Morgan Baumgartner, Lionel, Sawyer & Collins, Representing the Nevada Beer Wholesalers Association Jim Hawke, Chief, Division of Special Services, Appearing for the Nevada Highway Patrol (NHP) and the Division of Special Services, which includes the Office of Traffic Safety and the Office of Hearings Judy Swett, Self Lieutenant Ken Bunker, Traffic Commander, City of Reno Police Department Dorothy North, Chairman, Governor's Commission on Substance Abuse Education, Prevention, Enforcement & Treatment Senator O'Donnell opened the hearing on Senate Bill (S.B.) 273. SENATE BILL 273: Revises standard for determining whether operator of motor vehicle is under influence of alcohol and caused death of, or substantial bodily harm to, another person. (BDR 43-474) Ben Graham, Lobbyist, Legislative Representative, Clark County District Attorney, Nevada District Attorney's Association, stated that he is accompanied by Roger Whomes, Deputy District Attorney, from the Nevada District Attorney's Office of Washoe County. During the Sixty-seventh Session the law dealing with this bill had some presumptions with regard to the blood alcohol level, when the test is given and what the blood alcohol level is at the time of driving. There had been some court challenges and some problems with that presumption, specifically a Ninth- Circuit Court decision and dealing with the defense. He said the law was amended in 1993 to do a legislative change and fix, arising from the court decisions. The legislature fixed the law with regard to misdemeanors, but did not make the change in the transition to the felony provision. He is asking the legislature to amend the misdemeanor provision and the Driving Under the Influence (DUI) felony for the third offense or bodily harm. Senator O'Donnell asked if the word "inhales" is a new word? Mr. Graham replied that it is new. Senator O'Donnell asked if this would conform to the felony law? Mr. Graham replied that it brings the correction, that was put in the misdemeanor section during the Sixty-seventh Session, into the felony section. Roger Whomes, Deputy District Attorney, Nevada District Attorney's Association, Washoe County District Attorney's Office (NDAA/WCDA), stated: What happened last time was, we made it this section regarding within 2 hours of driving at a .10 [10 percent alcohol level in blood]. That did apply to the misdemeanors and the third-time prior type felonies. What this bill is aimed at is making it illegal to have .10 within 2 hours of driving in death and substantial bodily harm cases. Senator Neal asked if the bill refers to a person who has caused a death or injury with the vehicle? Mr. Whomes replied, a death or substantial bodily harm case. Senator Neal asked if the person is found within 1 hour, can they be given a test? Mr. Whomes replied, "Correct. And as the law now stands, we have the right to do that, anyway. This just makes it illegal to be within a .10 within 2 hours of the driving itself." Senator Neal asked if a person is not drunk, hits someone and leaves the scene, goes home and takes a drink and he is picked up; can he be charged with felony DUI even though being drunk did not have anything to do with the accident? Mr. Graham stated that if there is probable cause to believe that the person is under the influence, he can be arrested for that charge. The fact that the person had not had a drink until he arrived home could be a defense for that person. That would be a viable defense, but would be up to the judge. Senator O'Donnell stated that the intent of the committee is to crack down on drunk driving. Senator O'Donnell read a letter that was sent to Senator Raggio with a copy to himself, from the Las Vegas Review-Journal (Exhibit C). Senator O'Donnell gave an explanation as to what happened with the posting of the agendas and confusion. He apologized for the chain of errors by himself and his staff; and stated that the people who have traveled from Las Vegas to testify will be accommodated today, and then a rescheduled meeting will be held on these bills. Senator Jacobsen stated that the system accommodates everyone and the committee is here to serve the public. Senator O'Donnell closed the hearing on S.B. 273. Senator O'Donnell opened the hearing on S.B. 326. SENATE BILL 326: Revises standard for determining operation of vehicle or vessel while intoxicated. (BDR 43-1582) Sandy Heverly, Executive Director, STOP DUI, explained that: DUI is an anti-drunk driving organization that was founded in southern Nevada 16 months ago. The organization is comprised of victims and concerned citizens that have been involved with this issue for many years. I have been in this field for more than a dozen years, working from a local, state and national level. As you may, or may not know; Candy Lightener, founder of MADD, has taken a job as a lobbyist for the American Beverage Institute and has lobbied against .08 [blood alcohol level] in several states. She has not been officiated with MADD since 1985. We expected to see Miss Lightener here today, in opposition of S.B. 326. Ms. Heverly read her statement (Exhibit D). Included in the packet distributed to the committee is a summary regarding the effects of low doses of alcohol and driving skills (Exhibit E) and a pamphlet, "Every Drop Counts" (Exhibit F). Also included is a report entitled "Additional Support Information for S.B. 326" (Exhibit G). She related a personal family story about an accident that involved her entire family and was caused by a drunk driver. Ms. Heverly showed a 6-minute film of news excerpts regarding tests given by the Nevada Highway Patrol (NHP) to test blood alcohol level. News articles (Exhibit H and Exhibit I) are regarding this test. Nick Rizzo, Concerned Citizen, STOP DUI, and the father of Deena Rizzo, read his statement (Exhibit J), including pictures of the crash of Deena Rizzo's vehicle (Exhibit K, Exhibit L, and Exhibit M), and articles regarding the billboard for Deena Rizzo (Exhibit N and Exhibit O). Paul Snodgrass, Alcohol DUI Programs Coordinator, San Francisco Office of the National Highway Traffic Administration, U.S. Department of Transportation, stated he is testifying in favor of S.B. 326. His testimony is taken from the paper entitled "State Legislative Fact Sheet" (Exhibit P) with back-up material from (Exhibit Q, Exhibit R, Exhibit S and news article (Exhibit T). He summarized that: Eleven states have .08 laws. It is now time for Nevada and other states to adopt that law. It is a level at which critical driving tasks are impaired. It is a level which reduces a risk of a crash substantially. Most industrialized nations have adopted it. It will save lives and I urge the transportation committee to consider and pass this measure. The U.S. Congress has given us the law, our highway bill, and the Alcohol Incentive Grant. If Nevada does enact .08, the State of Nevada will receive approximately $500,000 more in 1996 and 1997 in our Traffic Safety and Alcohol Incentive Grants administered by the Department of Motor Vehicles and Public Safety in Nevada to State and local government agencies. Senator Washington asked if some of the decrease, because of .08, can be contributed by the advertisement that is done by the manufacturers and the increase in education toward DUI laws? Mr. Snodgrass replied that drunk driving nationally has been reducing in all states for 10 years. The blue sheet (Exhibit S) shows several states and the decrease in their percentages. Senator Washington asked if Nevada's percentage can be because of the gaming industry? Mr. Snodgrass replied that very few of the traffic crashes involve tourists. Most of the traffic crashes are within 25 miles of a person's home. Senator Shaffer asked why only 11 states have gone to the .08 out of fifty states? Mr. Snodgrass replied that it has only been since 1992 that MADD and the federal government have been supporting the .08. Senator Shaffer stated that he has seen the bill two or three times during the time he has been with the Legislature. Mr. Snodgrass replied that there is substantial opposition from the licensed beverage industry. People are not drinking less, they are just driving less after drinking. Senator O'Donnell asked if people are changing their drinking habits, but not their expenditure level? Mr. Snodgrass replied that the sales have not gone down and the restaurants are not suffering. People are essentially having that one less drink if they are going to be driving. Senator Porter stated that in sitting on the Senate Committee on Judiciary, he has seen the delays that can happen in the process of getting to court. He asked if Mr. Snodgrass has any suggestions on what can be done to help that process? Mr. Snodgrass replied that the repeat offender problem is substantial. They are approximately 20 percent of the crash problem. Congress says to take action on the person's vehicle. States are making the vehicles undrivable, taking the plates away, or impounding the vehicle. Senator Jacobsen asked if the intoxication testing is always taken in the same manner? Mr. Snodgrass replied that the new intoxication machines are very accurate. The federal standard on those machines used to be tested at .10 and .05 for accuracy. Now they are testing the machines at .02, .04, .08, and .10. Senator Jacobsen asked if the breath test and the blood test are related close enough that if one is positive the other is also positive? Mr. Snodgrass replied that they are, and in Nevada you have a choice of either test. The blood test may show more alcohol than the breath test. Senator Neal asked if the .01 indicated on the blue sheet (Exhibit S) is a measurement? Mr. Snodgrass replied that .01 is a level count that does show up in the testing. Senator Neal asked if the 1982 figures are the percentage of alcohol-related fatalities measuring the .01? Mr. Snodgrass replied that the 1982 figure indicates any alcohol found, by actual blood chemical test, in anybody involved in a fatal crash. Senator Neal asked if he deducts 48.8 percent from 66.8 percent, the figure will indicate the reduction in the fatality rate for Nevada? Mr. Snodgrass replied that the 66.8 percent will be the base and the 48.8 percent will indicate a 18 percent reduction. Senator Neal stated that Nevada has had a substantial reduction in alcohol-related fatalities for that period of time. Mr. Snodgrass stated that in 1982, Nevada had the worst drunk driving problem in the western region. Nevada is now down closer to the national average, but still in the higher range. This information is put out by Fatal Accident Reporting System (FARS) from the National Traffic Safety Administration. Senator Neal asked how soon the 1994 information will be published? Mr. Snodgrass replied that he will mail, to the committee, the information to be published as soon as it is available. Senator Porter asked if cough medicine will show up as alcohol content and be included in the chart? Mr. Snodgrass stated that the charts are based on any alcohol found in the driver's blood. Mr. Graham stated that the NDAA is composed of the 17 elected district attorneys and the associate members, who are the deputies working in those offices. The association is constantly concerned about the danger and threats presented by drunk drivers. They support every effort to make enforcement and prosecution of drunk-driving offenses more effective. He said that they commend those supporting and working toward better enforcement measures that will hopefully act as a deterrent. Individual members of the association may question the effectiveness and may not support the lowering of the blood alcohol level to .08; as a corporate body and as a group. The Nevada District Attorney's Association does support lowering the blood alcohol level to .08. Senator Neal asked if the position being taken today is one based on how alcohol contributes to the impairment of one's ability to operate an automobile and subject to being the cause of an accident? Mr. Graham replied that is correct. Senator Neal asked if the district attorney is taking that position, why doesn't he just outlaw alcohol altogether? Mr. Graham stated that was tried once and did not work. Senator Shaffer stated that Nevada has reduced the alcohol fatality rate by 18 percent. He asked if the measures taken by the Nevada Highway Patrol (NHP), along with other law enforcement agencies, are effective? Mr. Graham stated that the measures that have been taken by the law enforcement community, the educational process, the mothers and other victim organizations have been very effective. Senator Jacobsen stated that all legislation leaves loopholes. He asked if Mr. Graham could see any other loopholes for extenuating circumstances for the offenders? Mr. Graham replied there are constitutional restraints and there are rights of confrontation and burdens of proof which must be established. Chemical tests and affidavits will close up some of the loopholes. Senator Neal asked if Mr. Graham feels that the State of Nevada will have a higher felony rate by going to .08? Mr. Graham replied that when the blood alcohol was reduced from a .15 to a .10, he does not know what the statistical difference was. From the statistics available, it would appear that it will lower the alcohol-related deaths. In 1993 there were 103 alcohol-related deaths, and in 1994 there were 124 alcohol- related deaths in Nevada. Senator O'Donnell stated that even with the decrease, Nevada is still above the normal. Senator Neal asked, "Is it not a fact that we have had a substantial increase in population in this state? Those particular figures, do we separate those in terms of residents and tourists?" Mr. Graham stated that there has been an increase in population. To his knowledge those figures are not separated. Senator Porter stated that in reading the bill, section 10 refers to .05 percent. He asked for an explanation on that issue. Mr. Graham replied there was less confusion before breathalysers and chemical tests. The driving and physical characteristics created an opinion and that was presented to the court. The court then had to be convinced, down to a reasonable doubt. The percentages lead to presumptions that are either rebuttable or semi-conclusive. The lower blood alcohol level is another factor to consider in determining whether or not a person is under the influence of alcohol. Senator Jacobsen stated that the Governor is proposing that Nevada turn the prison at Jean into a DUI center. He asked if Mr. Graham thinks a drunk driver can be rehabilitated? Mr. Graham stated that the average person the officials end up dealing with, drives home drunk every night. The recovery process is a problem. There is a hope that they will get the message, but the chances are less than 50/50. Judy Jacoboni, Chapter President, Mothers Against Drunk Driving (MADD), Lyon County spoke in support of S.B. 326. She stated that the .08 legislation has been requested in the Sixty-sixth Session and in the Sixty-seventh Session. Fourteen alcohol- involved fatalities could have been averted each year since 1991 if this legislation had passed. Ms. Jacoboni stated that: In past sessions, there has been testimony about the estimated cost to the Department of Prisons of enacting this legislation; however, in 1991 a self- funded residential confinement program for DUI inmates was enacted. During the ensuing years, some several millions of dollars in averted prison costs has been saved through this program, which allows DUI offenders to serve prison sentences in their own homes while they pay their own way. Four-hundred-and-ninety inmates have entered this program to date; and there are currently 110 inmates participating in this program at a savings of $3767 per day. Ms. Jacoboni presented a statistical sheet to the committee (Exhibit U) from March 1993. At that time there were 24 states with pending .08 legislation. Since then six of those states have passed that legislation. Ms. Jacoboni urged the committee to consider the merits of this legislation. Senator Neal asked if she feels that once the committee passes a law, that everybody abides by it? Ms. Jacoboni replied that is not her feeling. Senator O'Donnell asked Maria Fassett to come forward, and then asked if technically she is capable of determining a .08 level that has a significant statistical error factor; that she can prove, in fact, someone is .08 without a shadow of doubt? Maria Fassett, Criminal Forensic Science Division, Washoe County Sheriff stated: I am certified by the state for testing on intoxication as a forensic analyst of alcohol. The accuracy of the instrument would not be changed by lowering the law to .08. I have been involved with testing of the instruments, the breath alcohol instruments, for the last 11 years. We have always tested the instruments and verified their accuracy at three different levels. One was the .05, .10 and the .20 level. They were accurate at all three levels. Senator Jacobsen asked if it is necessary to test those instruments on a regular basis? Ms. Fassett replied, "By statute, we are required to test the instruments every 90 days to verify the accuracy. In addition, they are tested before every evidentiary test with a single solution." Senator Jacobsen asked if she had ever found them to be in error? Ms. Fassett replied, "I have found instruments to be outside of the range that we feel is acceptable, which is a plus or minus 10 percent. They are removed from service." Senator Washington asked how they are tested and how often? Ms. Fassett responded: The instruments are tested, in the State of Nevada, by a wet-back simulator. It is a solution of alcohol and water, which is prepared in the laboratory, and certified by the laboratory to represent a certain breath alcohol level. A vapor is introduced into the instrument and verifies the accuracy of the instrument at that time. There are two different ways to check the calibration of the instrument. A single level is checked prior to every evidentiary test. That is at a .12 or .13 level. In addition, every 90 days the instrument is checked by a forensic analysis of alcohol at three different levels. The .05, .10 and .20 levels. Senator Neal asked what type of equipment is used for the running of the tests? Ms. Fassett replied, "Currently in use in the State of Nevada, for the breath alcohol instruments, there are two different models available. One is the Intoxilizer 5000, which is in predominate use. The other is the BAC Verifier or the BAC Data Master, is another version." Senator Neal asked which is carried by the officers in the field? Ms. Fassett replied, "That is a different type of instrument. That is a Pulmonary Breath Testing device which is in field use." Senator Neal asked if those instruments are tested yearly? Ms. Fassett replied, "We do a yearly calibration test on those instruments. In addition, the officers are instructed to check those instruments, the field testers, on a monthly basis." Senator Neal asked if a field sobriety test is done and the person is under suspicion of being intoxicated beyond a certain level as required by law; and if that person is brought into the sheriff's office, is that person given another test? Ms. Fassett replied, he is given an evidentiary test by using the equipment that is located at the detention facility for Washoe County. Mr. Whomes stated: Currently, the way it works is; on misdemeanor DUI's, for a first, second, or a third, which would be a felony, you are allowed a choice. If you refuse on a second or third time DUI, to give any test what-so- ever, the legislature has allowed us to take blood from you. The same is true in DUI death and substantial bodily harm cases. The choice is limited by statute to blood. Senator O'Donnell said that it should be noted that former testimony has stated that the breathalyser, if it is going to error, is going error in the favor of the defendant. Ms. Fassett stated that there is a variability. Both tests, in the majority of cases, are less than the person's actual blood alcohol concentration. That is where the .02 difference was added to the statute in order to allow for a third test to have more accuracy of the person's blood alcohol as measured on the breath. Captain Jim Nadeau, Commander Incline Substation, Washoe County Sheriff, testified: What we would like to do, if you would abide by this, is to bring a machine in and actually give you an opportunity to see how the machine works and actually see how it functions. It is hard to articulate some of these things from two different sides, and I think that would give you an opportunity to see how it works. There is a very specific process and procedure that we are required to go through in order to make sure it is a valid test. Senator O'Donnell asked for opposition testimony. Van Heffner, Lobbyist, Nevada Hotel & Motel Association and Nevada Restaurant Association, testified: I happen to be a graduate of the University of Utah and my graduate degrees are in Psychology. I also have a masters in Management. I did my clinical internship at the School of Alcoholism and Drugs. My post graduate work was at Oregon State; the Medical Division in Portland. In 1983, Nevada was on the cutting edge of what we are talking about today. That is the concern for safety and well-being of people directly related to the service of alcohol. I was commissioned, by the Educational Institute of the American Hotel & Motel Association, to write the first training program which established designated driver programs, and other educational things. Nevada was the leader and we have conducted seminars and training programs on every single level throughout Nevada. We will continue to do that because safety is first for our associations and our industry, as well as awareness of alcohol and alcohol service. Mr. Heffner passed to the committee a copy of his training manual, "Serving Alcohol with Care." Walter McClure, General Manager, Palm Restaurant, Las Vegas, Nevada, read the formal testimony (Exhibit V), and stated: I was asked to come because I am an operator of a restaurant in Las Vegas. I am the general manager of the Palm Restaurant. We are located in the forum shops at Caesars Palace. In 1994 our sales of alcoholic beverages was just shy of $2 million, which accounts for approximately 30 percent of our total sales. On the personal side, I'm a resident of Nevada. Coincidentally, while stopped at a red light on the way home from work, on January 25 of this year, I was struck by a drunk driver. That driver had rammed another vehicle moments before he rammed mine. As a resident, I have had personal experience with the issue at hand. I have also spent 20 years in the food and beverage business. It is my experience that the campaign, over the years that I have been in business, against driving while intoxicated, have had a significant effect on the public and on restaurant tours as well. We literally serve alcohol to thousands of people in our restaurant every week, and I will have to say that over the 20 years I have been doing this, I have seen a significant change in the habits of our cliental. I find people to be very aware of the current laws. I find them to drink less. They are much more interested in participating in programs, such as designated driver programs. They are very interested in not getting caught on the way home. They are aware of enforcement and, I believe that it is the education and the public awareness of the issue at hand that has, to a great degree, caused a change in habits that people have today over 10 to 15 years ago. I have seen our industry react to the campaign as well. We certainly support the current laws. We do not support drunken driving. We are opposed to it. Twenty years ago, when I first started out as an industry, we have tried to react to and support the opposition to drunken driving. Our staff is all trained. They are all required to take the course, `Serving Alcohol With Care', We encourage them to do that. We, to the best of our abilities, help the customers who we feel have had too much to drink. We call cabs, we suggest that they have somebody else drive. We try to take a personal interest, as much as we can, in our cliental. All-in-all, drinking/consuming alcoholic beverages, is part of the hospitality experience. It is part of the dining experience and we feel that to restrict the rights of responsible drinkers is bad business, and it is bad for Nevada. We support tough laws against the offenders, but we believe in the freedom of choice. Residents perceive that they cannot drink responsibly without risking breaking the law. It will be a hard blow to the hospitality industry. Likewise, if Nevada sends a message to tourists around the world that we do not support responsible drinking as part of the hospitality experience, we are going to risk dealing a serious blow to the economy of the state. From my point of view, education and enforcement have proven to be the successful deterrence and I believe they are the avenues that will continue to be the most effective way to continue to lower alcohol-related deaths. Senator O'Donnell said, "Mr. McClure, you stated that over the years you have seen a decline in the consumption of alcohol. What do you attribute that to?" Mr. McClure stated that people are aware of the danger and circumstances of breaking the law. Senator O'Donnell asked if he thinks that the law is why people are not drinking and driving? Mr. McClure replied that he thinks that is true, and he supports the tough enforcement of the law. Senator O'Donnell asked if he thinks the law needs to be tougher? Mr. McClure replied that he does not think it needs to be any tougher than it is today. There has been continued improvement through education of the public and enforcement of the policies Nevada has today. If his employee feels that an individual has had too much to drink, they attempt to divert them by offering alternative beverages or offer to get them a cab. Senator Neal asked what is the purpose of the manual, "Serving Alcohol With Care"? Mr. Heffner replied that every employee associated with alcohol is educated using this manual. The training is done through the University of Nevada, and everyone is certified upon completion of the course and must carry their certification. Mr. Heffner provided a statistics sheet (Exhibit W) from the National Highway Statistics out of Washington, D.C. He commented that approximately 10 percent of people killed with a blood-alcohol level, are pedestrians, not the driver of the vehicle. The chart shows the reduction of fatalities involving blood alcohol. Senator Shaffer asked if Mr. McClure ran a restaurant, not a bar? So, people come there to eat primarily, not drink? Mr. McClure replied that 70 percent of his business is food sales. Senator Shaffer asked if there is enough emphasis put on the fact that alcoholism is a disease? Mr. Heffner stated that with his training and background, he thinks that alcohol or alcohol related instances are probably the number two problem diagnosis category; behind family, marital or teenage problems. It is something as a society that needs to be addressed. Senator Washington asked if the alcohol industry had opposed the change in legislation to lower the level from .15 to .10? Mr. Heffner replied that he had not been associated with the alcohol industry in Nevada during that time. Gene Hill, Chairman of the Board, Nevada Licensed Beverage Association, testified that his organization does not condone excessive drinking. The local establishments have changed in their ways of serving alcohol and watch the consumption of their customers. He said that everyone's blood alcohol is different, which makes it difficult for the employees at times. The education of the employees has to be renewed every 5 years. He said that he would encourage legislation to effect the free drinks that are given away in the State of Nevada. He said that more focus should be put on the repeat offenders and the heavy testers. Senator O'Donnell stated that the psychology behind the difference of a .08 versus a .10 makes a person think twice before taking that additional drink, and that is where he would like to have the emphasis placed. Senator Porter asked that the figures of the cost to society, as opposed to government agencies, be provided for the committee before the next hearing of the bill. Senator Washington asked if repeat offenders are only at 20 percent, how many times does a person have to repeat before being placed in that status? Mr. Hill replied that a person who receives a DUI twice should be placed in that status. Senator Washington asked if Mr. Hill has a bar setting where people come to drink, what percent of his business does he think he will lose if the .08 is placed in effect? Mr. Hill replied that he is a neighborhood bar and he does not think he will lose that much. His customers are close to his establishment. Other neighborhood bars will probably not be affected by the .08 difference. Establishments with entertainment, and that are located other than in neighborhoods, will probably feel an effect of the .08. Senator O'Donnell asked if Mr. Hill thinks that the .08 will not be a significant factor in the amount of alcohol that is consumed at his establishments. Mr. Hill replied that he could not speak for the industry as a whole, but for the neighborhood bars he did not think it will have much of an effect. Senator Jacobsen asked if any kind of sign at the back of the bar could be used to give the customer a message to be safe? Mr. Hill replied that in his business they call it "point of sale" advertising. That goes along with education and responsible consumption. It certainly would not have a negative impact. Senator Porter stated that he wanted to put in a pitch for the establishments that are trying to improve on a really bad situation, along with members of MADD and STOP DUI. Morgan Baumgartner, Lionel, Sawyer & Collins, representing the Nevada Beer Wholesalers Association stated they are in opposition to S.B. 326. James P. Hawke, Chief, Division of Special Services, Department of Motor Vehicles and Public Safety (DMV&PS), appearing for the Nevada Highway Patrol (NHP), Division of Special Services, which includes the Office of Traffic Safety and the Office of Hearings, which handles the appeals. They had sponsored the alcohol testing program which had been the subject of the video seen earlier. Mr. Hawke stated that in 1994, 123 died of alcohol-related fatalities. The NHP sees the need for this type of legislation. This will cause more arrests and hearings, but that will not compare to the cost of one life lost. He said that most of the states that surround Nevada have already adopted the .08 law. If passed, this law needs to be accompanied by a strong educational program. The NHP and Office of Traffic Safety are ready to deliver that educational program. Senator Jacobsen asked, the lower the rate, the higher the chance for conviction, is that correct? Mr. Hawke replied at .10, the chance of conviction is going to be less than something above .10. He said once a person is intoxicated ... there are a lot of drivers out there who are well above being impaired. Judy Swett, Self, Victim from Elko, Nevada, testified on Jennifer Swett, her daughter that was killed at the age of 15 1/2 by a drunk driver (Exhibit X). She said that because the driver of the other vehicle was under the .10 level, the prosecutor was extremely reluctant to proceed on the felony DUI charges. Because of numerous complaints from the community and the family, the prosecutor was forced to take the case to trial. She said that she truly believes the difference between the .10 and .08 will save lives. Lieutenant Ken Bunker, Traffic Commander, City of Reno Police Department, testified, there are around 700 DUI arrests a year. The average BAC (blood alcohol count) is .175. Last year there were 20 fatalities in Reno, 9 were alcohol-related. These are not accidents, they are crashes. He said impairment can be measured at .02. The American Medical Association says .05 ought to be the limit. The Reno Police Department is in full support of the .08 level. They believe it will save lives. Lt. Bunker said that there will be 20 to 30 additional DUI arrests if this law passes. A .11 breath test, with the 1 percent error factor; that case would not be prosecuted in the State of Nevada, with the exception of traffic crashes or reckless driving behavior. The judges will take the lower factor. He said that lowering the level to .08 will allow prosecution of the .09 and .10 levels. He stated of 6700 Washoe County traffic accidents last year, 90 percent involved Reno residents. Lt. Bunker continued, our agency is not against drinking, but we want to stop those drinkers from being out on the street. We are against people who drive after a level at which they are impaired. Senator Neal said on the average there are 44,000 to 45,000 people that are killed in traffic accidents. Less than 50 percent are alcohol-related. He asked what is being done about the other 50 percent in Nevada? Lt. Bunker replied, because of the significant education programs that are ongoing in Washoe County, alcohol-related crashes have resulted in favorable changes. The focus is on the driving behaviors that attribute to the other 55 percent are, causing DUI crashes. The alcohol-related percent is going down, but there are still other driving behaviors that are causing fatalities. Dorothy North, Chairman, Governor's Commission on Substance Abuse Education, Prevention, Enforcement & Treatment, testified the organization was founded in 1989 and started working on the substance abuse problems in 1990. The first master plan for the drug commission included a recommendation to pass .08 in the State of Nevada. Because of the efforts of STOP DUI and MADD, the commission made the decision to support their efforts in this bill. The commission supports passage of S.B. 326. Senator O'Donnell closed the hearing on S.B. 326. Senator O'Donnell called for a concurrence amendment on S.B. 65. SENATE BILL 65: Revises provisions governing examination of applicant for driver's license. (BDR 43-585) Senator O'Donnell stated that the Assembly amended the bill to make it much more restricted (Exhibit Y). SENATOR NEAL MOVED THAT THE COMMITTEE NOT CONCUR WITH THE ASSEMBLY AMENDMENT. SENATOR LEE SECONDED THE MOTION. THE MOTION CARRIED. (SENATORS PORTER AND SHAFFER WERE ABSENT FOR THE VOTE.) * * * * * Senator O'Donnell appointed a subcommittee for S.B. 65, chaired by Senator Neal, with Senator Lee and Senator Shaffer as members. Senator O'Donnell introduced Bill Draft Request (BDR) R-1851. BILL DRAFT REQUEST R-1851: Urges Congress to approve designation of National Highway System. (EXHIBIT Z) SENATOR NEAL MOVED FOR INTRODUCTION OF BDR R-1851. SENATOR LEE SECONDED THE MOTION. THE MOTION CARRIED. (SENATORS PORTER AND SHAFFER WERE ABSENT FOR THE VOTE.) * * * * * Senator O'Donnell introduced BDR 43-1850. BILL DRAFT REQUEST 43-1850: Prohibits short-term lessor of motor vehicles from charging lessee for use of or access to facility or property of airport. (Exhibit AA) SENATOR NEAL MOVED FOR INTRODUCTION OF BDR 43-185. SENATOR LEE SECONDED THE MOTION. THE MOTION CARRIED. (SENATORS PORTER AND SHAFFER WERE ABSENT FOR THE VOTE.) * * * * * Senator O'Donnell adjourned the meeting at 5:10 p.m. RESPECTFULLY SUBMITTED: Diane C. Rea, Committee Secretary APPROVED BY: Senator William R. O'Donnell, Chairman DATE: Senate Committee on Transportation April 20, 1995 Page