MINUTES OF THE
SENATE COMMITTEE ON TRANSPORTATION
Sixty-seventh Session
May 27, 1993
The Senate Committee on Transportation was called to order by Chairman William R. O'Donnell, at 1:30 p.m., on Thursday, May 27, 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
GUEST LEGISLATORS PRESENT:
Assemblywoman Vonne S. Chowning, Clark County District No. 35
STAFF MEMBERS PRESENT:
Paul Mouritsen, Senior Research Analyst
Terri Jo Wittenberg, Committee Secretary
OTHERS PRESENT:
Captain Randy Oaks, Legislative Liaison, Las Vegas Metropolitan Police Department
Dennis G. Green, Assistant Sheriff/Coroner, Carson City Sheriff's Department
Nile D. Carson, Jr., Deputy Chief, Administrative Services, City of Reno Police Department
Raymond L. Sparks, Chief, Registration Division, Nevada Department of Motor Vehicles and Public Safety (DMV)
Craig Hartman, Window Tinting Film Installer
Erik Nagy, Trimline Window Tinting, Reno
Jaunita Cox, Lobbyist
Fredrick W. Harrell, Lobbyist, Motorcycle Dealers Association of Nevada
Chairman O'Donnell opened the hearing with a short work session on Senate Bill (S.B.) 426.
Senate Bill 426: Requires identification of certain vehicles and horses used for off-highway recreation.
Chairman O'Donnell brought up the fact that S.B. 426 is in conflict with Assembly Bill (A.B.) 291 which has already passed both houses and is waiting for Governor Miller's signature.
Assembly Bill 291: Authorizes cooperative agreements between state department of agriculture and local governments regarding placement or disposition of estrays.
Chairman O'Donnell asked for a motion on S.B. 426.
SENATOR JAMES MOVED TO INDEFINITELY POSTPONE S.B. 426.
SENATOR NEAL SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR NEVIN WAS ABSENT FOR THE VOTE.)
* * * * *
Chairman O'Donnell opened the hearing on Assembly Bill 379.
Assembly Bill 379: Revises provisions regarding windshields and front windows in motor vehicles.
Assemblywoman Vonne S. Chowning, Clark County District No. 35, read from prepared testimony (Exhibit C) in favor of A.B. 379. Mrs. Chowning presented a packet of information (Exhibit D. The original is in the Research Library.) for the committee's review.
Assemblywoman Chowning also presented a demonstration on different window tinting materials.
Senator James asked if it would be a financial burden for people to have the tinting removed from their windows.
Mrs. Chowning said there would be no financial burden because an individual can remove the tint themselves, at no cost.
Senator Nevin said he is also concerned with the costs of removing the old tinting and the costs of having new tinting installed. He said he found out that it is quite simple to remove the tinting and he thinks it is a good bill.
Senator Brown asked if "factory" tints would be allowed.
Mrs. Chowning said that "factory" tints are never any darker than 35 percent.
Senator Nevin said the darker tints are an especially big problem at night due to the reduced visibility.
Captain Randy Oaks, Legislative Liaison, Las Vegas Metropolitan Police Department, testified in support of A.B. 379. Captain Oaks said his agency feels this bill is a reasonable compromise between law enforcement's safety concerns and the realities of living in a desert environment.
Senator Jacobsen asked how many automobiles in Las Vegas have tinted windows.
Captain Oaks estimated about 35 to 50 percent of the vehicles in Clark County have some sort of tint on their windows. He added, it is only a small percent of those vehicles who have the dark tint and would have to be retrofitted if A.B. 379 is passed.
Dennis G. Green, Assistant Sheriff/Coroner, Carson City Sheriff's Department, testified in support of A.B. 379. Mr. Green said his department had worked on the bill with Mrs. Chowning and supports the bill.
Nile D. Carson, Jr., Deputy Chief, Administrative Services, City of Reno Police Department, testified in support of A.B. 379. Mr. Carson said his department appreciates Mrs. Chowning's efforts in their behalf.
Raymond L. Sparks, Chief, Registration Division, Nevada Department of Motor Vehicles and Public Safety (DMV), testified in regard to A.B. 379. Mr. Sparks said he wanted to address subsection 5 on page 2 which allows the director of the Department of Motor Vehicles and Public Safety, by regulation, to provide for exemptions to the restriction on the window tinting. He added, Mrs. Chowning recognizes that there could be certain cases to allow darker tinting than what would be permitted under A.B. 379. Mr. Sparks gave an example of a person who has a medical condition, which would have to be documented by a physician, that would require the darker tinting. He said it would be the intention of the department to adopt regulations that would allow for those types of exemptions.
Craig Hartman, Window Tinting Film Installer, spoke in support of A.B. 379. Mr. Hartman said he supports the bill for several reasons: first, he said he likes to be able to see other drivers when approaching an intersection; second, he said he walks a lot and pedestrians need to be able to see the driver before walking in front of a vehicle stopped at an intersection.
Chairman O'Donnell said violation of this bill would not be a moving violation, but would be an equipment violation and would be ticketed accordingly. He also questioned the effective date of the bill and stated he did not think a July 1994 effective date is the proper way of doing it. He said the law should go into effect immediately or when all the other laws for this session go into effect.
Mrs. Chowning said the bill was originally, effective upon passage and approval or July 1, 1993. She added, since there is no cost impact in removing the tint, she said she has no problem at all in having an earlier effective date.
Senator Neal asked how the tint would be measured.
Mr. Hartman replied there was a 35 percent card in the packet of information given to the committee and those cards would be used by law enforcement officers. He said they would use the card to determine if the tint is in compliance with the law.
Erik Nagy, Trimline Window Tinting, Reno, testified in favor of A.B. 379. Mr. Nagy said it has been his policy not to put the dark film on front door windows for several years. Mr. Nagy added, very few people are adamant about having the dark film. He said, from a consumer's point of view, they find people are more confused by an obscure or no law, than a good directive that they can operate and work within. Mr. Nagy said there is not a lot of efficiency picked up by going from the medium to the dark film, other than it reduces the light. He said the benefits are achieved by the medium film.
Jaunita Cox, Lobbyist, spoke against A.B. 379. Ms. Cox said the bill would require some people to have their tinting removed and reinstalled in order to comply with the law.
Fredrick W. Harrell, Lobbyist, Motorcycle Dealers Association of Nevada, testified in regard to A.B. 379. Mr. Harrell said he has some concerns regarding the ability to see inside a vehicle. He said some people do not signal when making a lane change and the ability to see the driver greatly improves the reaction time of other drivers. Mr. Harrell also asked if there is any data concerning the light which might be reflected off of the tinted windows as night.
Mrs. Chowning said all window tinting material is required to be non-reflective.
Chairman O'Donnell closed the hearing on A.B. 379 and rescheduled the hearing on A.B. 490 for the following week.
Chairman O'Donnell asked for a committee bill draft request (BDR) for a BDR which would address the problem of driving under the influence convictions on federal land.
There being no further business before the committee, Chairman O'Donnell adjourned the meeting at 2:30 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 27, 1993
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