MINUTES OF THE SENATE COMMITTEE ON TRANSPORTATION Sixty-eighth Session June 17, 1995 The Senate Committee on Transportation was called to order by Chairman William R. O'Donnell, at 12:43 p.m., on Saturday, June 17, 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 Jon C. Porter Senator O. C. Lee COMMITTEE MEMBERS ABSENT: Senator Lawrence E. Jacobsen (Excused) Senator Joseph M. Neal, Jr. (Excused) Senator Raymond C. Shaffer (Excused) GUEST LEGISLATORS PRESENT: Assemblywoman Barbara Buckley, Assembly District No. 8 Assemblyman Jack Close, Sr., Assembly District No. 15 STAFF MEMBERS PRESENT: Don O. Williams, Chief Principal Research Analyst Diane Rea, Committee Secretary OTHERS PRESENT: Daryl Capurro, Lobbyist, Nevada Motor Transport Association, Inc. (NMTA) Richard Hackman, Manager, Consumer Relations, Public Service Commission of Nevada (PSC) Senator O'Donnell opened the hearing on Assembly Bill (A.B.) 625, ASSEMBLY BILL 625: Revises provisions governing towing of vehicles. (BDR 43-1447) Assemblywoman Barbara Buckley, Assembly District No. 8, testified the bill creates a remedy where a vehicle is towed from private property wrongfully. Such a situation is explained in Exhibit C. A letter in support of this bill, from the Las Vegas Metropolitan Police Department (METRO) is provided for the committee (Exhibit D). She said that the towing companies are also in support of the bill. Senator O'Donnell stated the bill says the court determines the cost of towing and storing the vehicle. He said he does not believe the government can determine these fees. Ms. Buckley stated the intent was that if the court found a person had unlawfully ordered the wrongful towing, they could order the individual who had the vehicle towed to pay the cost of the towing and storage. The court is not ordered to determine the cost, only to force the wrongful party to pay the fees. It needs to be amended for clarification. Senator Washington stated that people ignore the no parking signs even though they know they are in the wrong. Ms. Buckley stated this bill will do nothing to help people who are in the wrong. The bill is directed toward the vehicles that are towed wrongfully. Daryl Capurro, Lobbyist, Nevada Motor Transport Association, Inc. (NMTA), said he agrees that the determinations for the fees for towing are preempted by the law. Ms. Buckley said the deletion of line 4 is appropriate to clear up this matter. Senator Washington asked Ms. Buckley if she will include the off-hook charge in the bill for those people who get to the towing vehicle before it leaves the premises. Mr. Capurro stated that the owner of the vehicle being towed has a complaint with the owner of the property, not the towing company. Richard Hackman, Manager, Consumer Relations, Public Service Commission of Nevada (PSC), was present, but the committee did not have any questions for him. Senator O'Donnell closed the hearing on A.B. 625. Senator O'Donnell opened the hearing on A.B. 486. ASSEMBLY BILL 486: Revises provisions governing sale of salvage vehicles. (BDR 43-1088) Senator O'Donnell said this bill has already been heard by the committee. He said the amendment proposed by both sides (Exhibit E) has been worked out. SENATOR LEE MOVED TO AMEND AND DO PASS A.B. 486. SENATOR WASHINGTON SECONDED THE MOTION. Don O. Williams, Chief Principal Research Analyst, clarified that the parties want to substitute the language on page one for Nevada Revised Statutes (NRS) 487.075. THE MOTION CARRIED. (SENATORS JACOBSEN, NEAL AND SHAFFER WERE ABSENT FOR THE VOTE.) * * * * * Senator O'Donnell stated that Senate Bill (S.B.) 396 has been withdrawn. SENATE BILL 396: Prohibits short-term lease of motor vehicles from charging lessee for use of or assess to facility or property of airport. (BDR 43- 1850) Senator O'Donnell opened the hearing on A.B. 289. ASSEMBLY BILL 289: Authorizes issuance of special license plates and registration certificates for "classic vehicles." (BDR 43-1365) Assemblyman Jack Close, Sr., Assembly District No. 15, appeared in support of his bill. Senator O'Donnell stated that there is a conflict between this bill and S.B. 188 that has been signed by the Governor. SENATE BILL 188: Authorizes department of motor vehicles and public safety to issue sample license plates. (BDR 43-898) Mr. Williams said the technical amendment makes the change to page 2 of the bill to resolve the conflict (Exhibit F). SENATOR LEE MOVED TO AMEND AND DO PASS A.B. 289. SENATOR WASHINGTON SECONDED THE MOTION. THE MOTION CARRIED. (SENATORS JACOBSEN, NEAL AND SHAFFER WERE ABSENT FOR THE VOTE.) * * * * * Senator O'Donnell opened the hearing on S.B. 443. SENATE BILL 443: Regulates operation of tow cars. (BDR 58- 1792) Senator O'Donnell stated the amendment (Exhibit G) has been agreed to by the Nevada Motor Transport Association and the Public Service Commission of Nevada. He said he thinks it takes out all reference to setting the rate and the preemption for the federal government. Mr. Capurro stated he has reviewed the amendment and it does exactly what had been set forth and agreed to by the industry, PSC, and the highway patrol. SENATOR PORTER MOVED TO AMEND WITH AMENDMENT NO. 803 AND DO PASS S.B. 443. SENATOR LEE SECONDED THE MOTION. THE MOTION CARRIED. (SENATORS JACOBSEN, NEAL AND SHAFFER WERE ABSENT FOR THE VOTE.) * * * * * Senator O'Donnell introduced to the committee Bill Draft Request (BDR) R-2140 (Exhibit H) and BDR R-2133 (Exhibit I). BILL DRAFT REQUEST R-2140: Requires studies concerning commercial traffic over Hoover Dam. BILL DRAFT REQUEST R-2133: Urges Congress to take all necessary actions to alleviate problems caused by heavy commercial traffic over Hoover Dam and through Boulder City. SENATOR PORTER MOVED FOR INTRODUCTION OF BDR R-2140 AND BDR R-2133. SENATOR LEE SECONDED THE MOTION. THE MOTION CARRIED. (SENATORS JACOBSEN, NEAL AND SHAFFER WERE ABSENT FOR THE VOTE.) * * * * * Senator O'Donnell adjourned the meeting at 1:20 p.m. RESPECTFULLY SUBMITTED: Diane C. Rea, Committee Secretary APPROVED BY: Senator William R. O'Donnell, Chairman DATE: Senate Committee on Transportation June 17, 1995 Page