MINUTES OF THE
SENATE COMMITTEE ON TRANSPORTATION
Sixty-seventh Session
May 18, 1993
The Senate Committee on Transportation was called to order by Chairman William R. O'Donnell, at 2:05 p.m., on Tuesday, May 18, 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:
Fred Harrell, Lobbyist, Nevada Motorcycle Dealers Association
James F. Nadeau, Lieutenant, Assistant Commander Incline Substation, Washoe County Sheriff's Office
Kimberly A. Bennion, Lobbyist, Nevada Division of California State Automobile Association (CSAA)
Captain Enrico Togneri, Forensic Science, Washoe County Sheriff's Office
Doctor William Anderson, Toxicologist, Sierra Nevada Labs
Chairman O'Donnell opened the hearing on Senate Bill (S.B.) 456.
Senate Bill 456: Prohibits person from operating motorcycle or moped equipped with handlebars which extend above driver's shoulders.
Fred Harrell, Lobbyist, Nevada Motorcycle Dealers Association, testified in favor of S.B. 456. Mr. Harrell said the law which the bill would affect was passed in 1971. He continued, since that time, most manufacturers are making motorcycles with handlebars at about the 13 or 14 inch height and it is very difficult for a law enforcement officer to tell the difference between 14 inches and 15 inches. He said this bill would make it easy to tell, at a glance, if the handlebars are above the driver's shoulders.
Senator Jacobsen asked if the height of the handlebars affected the operation of the motorcycle.
Mr. Harrell replied he did not know and that he preferred his handlebars "down low."
Senator James asked why there should be a restriction on the height of the handlebars.
Mr. Harrell said there was a perception that handlebars above ones' head would require that an individual stand on the seat to operate the motorcycle.
Senator James asked if there was really a need to have a restriction on the height of the handlebars.
Mr. Harrell said, in his opinion, there was no reason to have any restrictions on the height of motorcycle handlebars. He said no one is going to try to operate a motorcycle while standing on the seat and he has not seen any study which states that the height of the handlebars adversely affects the operation of the motorcycle.
Chairman O'Donnell closed the hearing on S.B. 456 and opened the hearing on S.B. 473.
Senate Bill 473: Revises penalties for failing to stop, give certain information or render aid in event of certain motor vehicle accidents.
Chairman O'Donnell said the bill gives more discretion to the judge when an individual is leaving or has left the scene of an accident. He said the penalties for leaving the scene of an accident are far less than actually staying there and being arrested for driving under the influence (DUI). He continued, saying this changes the penalty from 6 years to 20 years and gives the court power to impose a 1 to 20 year sentence for leaving the scene of an accident if they know there have been mitigating circumstances around the accident.
Senator Brown asked how the punishments in the bill compared with current DUI sentences.
Chairman O'Donnell stated they were the same.
Senator Neal said he thought the penalties sound too "stiff."
Chairman O'Donnell replied, the problem is with the habitual DUI offenders and they know if they leave the scene of the accident, their chances of having a lesser sentence are greater, so they leave.
James F. Nadeau, Lieutenant, Assistant Commander Incline Substation, Washoe County Sheriff's Office, testified in regard to S.B. 473. Lt. Nadeau explained that often, when a pedestrian is hit by a car, the car does not stop and in many cases the driver of the car is DUI and he or she knows if they stop, they will have additional charges. Lt. Nadeau said it is very difficult to prove they were DUI at the time of the accident when they leave the scene of the accident.
Kimberly A. Bennion, Lobbyist, Nevada Division of California State Automobile Association (CSAA), testified in support of S.B. 473. She said her organization believes the bill will go a long way in encouraging people who are involved in accidents to stop and render aid.
Senator Nevin said it is now easier to hit somebody, run away, park the car down the street, walk into a bar, call the police, and have a drink while waiting for the police to arrive.
Chairman O'Donnell closed the hearing on S.B. 473 and opened the hearing on Assembly Bill (A.B.) 389.
Assembly Bill 389: Makes various changes to procedures for determining percentage of alcohol in person's blood, urine or breath.
Captain Enrico Togneri, Forensic Science, Washoe County Sheriff's Office, testified in support of A.B. 389. Captain Togneri explained an amendment which would make the bill clearer. Captain Togneri asked to have several lines deleted.
Doctor William Anderson, Toxicologist, Sierra Nevada Labs, spoke in favor of A.B. 389.
Chairman O'Donnell asked if changing the word "blood" to "breath" would preclude a conviction on "blood."
Captain Togneri said they only wanted to change "blood" to "breath" in areas where only "breath" applies.
Chairman O'Donnell closed the hearing on A.B. 389.
SENATOR HICKEY MOVED TO AMEND AND DO PASS A.B. 389.
SENATOR NEVIN SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
SENATOR NEVIN MOVED TO DO PASS S.B. 456.
SENATOR HICKEY SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
SENATOR NEAL MOVED TO DO PASS S.B. 473.
SENATOR HICKEY SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
There being no further business before the committee, Chairman O'Donnell adjourned the meeting at 2:50 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
May 18, 1993
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