MINUTES OF THE
SENATE COMMITTEE ON TRANSPORTATION
Sixty-seventh Session
March 30, 1993
The Senate Committee on Transportation was called to order by Chairman William R. O'Donnell, at 1:35 p.m., on Tuesday, March 30, 1993, in Room 226 of the Legislative Building, Carson City, Nevada. Exhibit A is the Meeting Agenda. Exhibit B is the Attendance Roster.
COMMITTEE MEMBERS PRESENT:
Senator William R. O'Donnell, Chairman
Senator Lawrence E. Jacobsen, Vice Chairman
Senator Mark A. James
Senator Leonard V. Nevin
Senator Joseph M. Neal, Jr.
Senator Thomas J. Hickey
Senator Lori L. Brown
STAFF MEMBERS PRESENT:
Paul Mouritsen, Senior Research Analyst
Terri Jo Wittenberg, Committee Secretary
OTHERS PRESENT:
Daryl E. Capurro, Nevada Franchised Auto Dealers Association
Kimberly A. Bennion, Nevada Division, California State Automobile Association (CSAA)
Stan Warren, Sierra Pacific Resources
Ben Graham , Legislative Representative, Nevada District Attorney's Association
Chairman O'Donnell opened the work session with Senate Bill (S.B.) 100.
S.B. 100: Revises manner in which taxicabs are allocated in larger counties.
The committee discussed the proposed amendment.
Chairman O'Donnell asked for a motion.
SENATOR NEVIN MOVED TO AMEND AND DO PASS S.B. 100.
SENATOR HICKEY SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
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Chairman O'Donnell closed the work session on S.B. 100 and continued the work session with S.B. 101.
S.B. 101: Provides for special endorsement on driver's license that designates use of license as critical to person's employment.
Chairman O'Donnell asked Senator Nevin to chair a subcommittee regarding S.B. 101.
Senator Nevin said he would be happy to chair that subcommittee.
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Chairman O'Donnell closed the work session on S.B. 101 and continued the work session with S.B. 126.
S.B. 126: Makes various changes to laws pertaining to controls of emissions from motor vehicles.
Chairman O'Donnell distributed and discussed an amendment to S.B. 126.
Chairman O'Donnell explained the amendment would ensure that a person could get out of the purchase of a used vehicle if the vehicle cannot be smog certified. He said a person could still buy a car, but they would be in a position to void the sale contract if the vehicle could not be smog certified.
Daryl E. Capurro, Nevada Franchised Auto Dealers Association, spoke with regard to S.B. 126. Mr. Capurro said the dealerships did not expect to be exempted from this bill. He said the dealerships have always felt, that in the event of a vehicle sale, the seller should provide the certification so the buyer is not left with a vehicle that he cannot get registered. He said the dealers should not be "taken off the hook."
Senator Nevin said he had introduced a similar bill during the 1991 Legislative Session and would be happy to get a copy for the committee's review.
Chairman O'Donnell asked to see a copy of Senator Nevin's bill.
Chairman O'Donnell suggested the committee hold S.B. 126 until further information becomes available.
Chairman O'Donnell closed the work session on S.B. 126 and continued the work session with S.B. 181.
S.B. 181: Exempts taxicab drivers from required use of safety belt.
SENATOR NEVIN MOVED TO INDEFINITELY POSTPONE S.B. 181.
SENATOR HICKEY SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR NEAL WAS ABSENT FOR THE VOTE. SENATORS O'DONNELL AND JAMES VOTED NO.)
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Chairman O'Donnell closed the work session on S.B. 181 and continued the work session with S.B. 190.
S.B. 190: Provides that imposition of fine is discretionary under certain circumstances for driving without insurance.
The committee discussed S.B. 190.
Kimberly A. Bennion, Nevada Division, California State Automobile Association (CSAA), spoke with regard to S.B. 190. Ms. Bennion said her company had not taken a stand on S.B. 190. She added, this type of legislation had come up in other states and CSAA had supported this in the past.
SENATOR HICKEY MOVED TO DO PASS S.B. 190.
SENATOR NEVIN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS O'DONNELL AND BROWN VOTED NO.)
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Chairman O'Donnell closed the work session on S.B. 190 and continued the work session with S.B. 193.
S.B. 193: Allows department of motor vehicles and public safety to establish more flexible requirements for reinstatement of drivers' licenses.
Senator Nevin, who had been assigned S.B. 193 as a subcommittee bill, reported that he was awaiting an amendment to the bill.
Chairman O'Donnell closed the work session on S.B. 193 and continued the work session with S.B. 262.
S.B. 262: Revises fees charged for special license plate issued to holder of license for amateur radio station.
The committee discussed S.B. 262. The committee decided to hold the bill pending further information.
Chairman O'Donnell closed the work session on S.B. 262 and continued the work session with S.B. 235.
S.B. 235: Provides definition for accessory roads and clarifies rights of users of such roads.
Stan Warren, Sierra Pacific Resources, discussed a proposed amendment to S.B. 235.
Chairman O'Donnell asked to have the amendment, proposed by
Mr. Warren, drafted. He said the amendment would be brought before the committee for approval.
Chairman O'Donnell closed the work session on S.B. 235 and continued the work session with S.B. 236.
S.B. 236: Makes certain changes relating to minor county roads.
The committee discussed S.B. 236.
Chairman O'Donnell asked Senator Brown to chair a subcommittee regarding S.B. 236.
Senator Brown said she would be happy to take that bill under consideration in a subcommittee.
Chairman O'Donnell closed the work session on S.B. 236 and continued the work session with Assembly Bill (A.B.) 57.
A.B. 57: Clarifies procedure for obtaining involuntary samples of blood from certain persons suspected of driving under influence of controlled substance or alcohol.
Ben Graham , Legislative Representative, Nevada District Attorney's Association, testified in favor of A.B. 57.
Mr. Graham offered several documents (Exhibit C) for the committee's review.
Mr. Graham explained, if a person is arrested and his blood alcohol content (BAC) is .15 percent, it is presumed that at the time the person was driving the BAC was also a .10 percent or over. He said the federal court has said that is not a valid presumption. He added, what they would like to do is, over a period of 5 hours after the initial arrest, to draw three blood samples. He said this would allow them to compare the first sample with the second and third and then they can determine if the BAC goes up or down from the initial arrest. He gave an example; if the first BAC is .12 percent and the second is .15 percent and the third is .17 percent, the defense could argue they were not .10 percent a the time of their arrest since the BAC went up from the time of arrest.
Mr. Graham said in the case of these felony driving under the influence (DUI) cases, these people do not have to be given a choice between a breath test, a urine test or a blood test. He added, the supreme court has ruled that in these felony DUI's any of these tests may be administered, even by force if necessary.
Senator Nevin said he thought there was no provision for a urine test for DUI.
Mr. Graham said the urine test would be used in the case of a suspicion of a controlled substance in the blood.
Senator Nevin expressed concern about a person being able to get out on bail if they must submit to three blood draws over a 5 hour period.
Mr. Graham said this bill would not impede the bail process and if the person is able to bail within the 5 hour period they would be released without taking the three samples or the samples would be taken at closer intervals.
Chairman O'Donnell asked if the three tests would be required.
Mr. Graham said the three tests would not be required.
Senator Nevin asked if the person being tested pays for these tests.
Mr. Graham said the person being tested would not pay for these tests under a felony DUI arrest.
Senator Nevin asked which test would be used as evidence.
Mr. Graham said all three tests would be used to extrapolate back to what the BAC was when the individual was driving.
Senator Nevin said he read the bill to mean that a person could be held for the 5 hours in order to get the three samples.
Chairman O'Donnell asked Mr. Graham if he had any problem with an amendment to clarify that a person could not be held for 5 hours in order to get the three samples.
Mr. Graham agreed to accept such an amendment. He suggested the language read, "this shall not have any impediment upon the due rights process of bail."
Senator Nevin said he could see some law enforcement agencies telling a person they could not bail out because they had to stay for 5 hours to have the samples drawn.
Chairman O'Donnell closed the work session on A.B. 57 and continued the work session with Senate Joint Resolution (S.J.R.) 12.
S.J.R. 12: Urges Federal Government to recognize rights of users of certain roads over public lands.
SENATOR HICKEY MOVED TO DO PASS S.J.R 12.
SENATOR NEVIN SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
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Chairman O'Donnell closed the work session on S.J.R. 12 and continued the work session with A.B. 92.
A.B. 92: Provides that driving while under influence of intoxicating liquor or controlled substance is punishable as felony if committed within 7 years after release from prison after serving any part of sentence imposed for certain offenses.
The committee discussed A.B. 92 and will wait until a fiscal note is received before taking any action on the bill.
There being no further business, Chairman O'Donnell adjourned the meeting 2:55 p.m.
RESPECTFULLY SUBMITTED:
Terri Jo Wittenberg,
Committee Secretary
APPROVED BY:
Senator William R. O'Donnell, Chairman
DATE:
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Senate Committee on Transportation
March 30, 1993
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