The Senate Committee on Transportation was called to order by Chairman William R. O'Donnell, at 4:30 p.m., on Friday, April 9, 1999, in Room 1214 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. All exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.

COMMITTEE MEMBERS PRESENT:

Senator William R. O'Donnell, Chairman

Senator Mark Amodei, Vice Chairman

Senator Lawrence E. Jacobsen

Senator Maurice Washington

Senator Raymond C. Shaffer

Senator Valerie Wiener

Senator Terry Care

STAFF MEMBERS PRESENT:

Joan Moseid, Committee Secretary

OTHERS PRESENT:

F. Alex Ortiz, Lobbyist, Clark County, representing Lance Malone, Board of

Commissioners, Clark County

Chairman O’Donnell opened the work session on Senate Bill (S.B.) 491.

Harvey Whittemore, Lobbyist, Whittlesea-Bell, pointed out items 1, 2, and 3 of the proposed changes to the amendment (Exhibit C), would dramatically change a significant portion of the existing law with respect to regulation of limousines. He added there are other items still pending, and suggested the bill be held to allow time for substitutive discussion.

Deborah Simpson, Lobbyist, Independent Limousine Owner/Operator Association (ILOA), articulated she attended the morning meeting with Chairman O’Donnell and the Transportation Services Authority (TSA) representative; and these proposed amendments under discussion are not the proposed amendments put forth by the National Institute of Justice. She emphasized the amendments do not address the problem.

Chairman O’Donnell observed that Mr. Whittemore and Ms. Simpson need to come closer to a common ground regarding the bill and its proposed amendments. He suggested they have discussions, independent of the committee hearings, before the next hearing on S.B. 491.

Mr. Whittemore suggested to not make further considerations until finance has made their determination.

Paul Mouritsen, Committee Policy Analyst, Research Division, Legislative Counsel Bureau, reviewed the changes to the amendments to S.B. 491 based on his notes from matters voted on in a previous meeting (see Exhibit C).

Senator Amodei pointed out it appears that the way the practice of "diversion" is addressed, it applies to counties with populations of 400,000 or more. He stated that is what he thought he had voted on in the previous meeting.

Chairman O’Donnell commented Clark County has an ordinance prohibiting the practice by some taxicab drivers from diverting a tourist to a place other than the one the tourist requested. He said it appears section 25 of the bill limiting addressing the practice of "diversion" to only larger populated counties, intimates "diversion" is allowed in the rest of the state. He stressed "diversion" goes right to the heart of Nevada’s tourism industry, and should not be acceptable anywhere in the state.

Senator Care stated section 25 addresses a statutory criminal act. He opined he did not know how there could be a statutory criminal act that only applies to one portion of the state’s citizens.

Chairman O’Donnell pointed out testimony by a Reno taxicab driver stated "diversion" was also practiced in northern Nevada. He expressed frustration over the selectivity of the bill in addressing the issue of "diversion."

Senator Amodei noted that the previous vote was on four subdivisions. One of those subdivisions was 400,000 population. He said the discussion in the context of establishing county or northern Taxicab Authorities (TAs) was to allow the TAs to specifically address the issue of diversion.

Daryl E. Cappurro, Lobbyist, Nevada Motor Transport Association, suggested the wording in item 9, number 1 (Exhibit C), should be changed to comply with the adopted operating rules, which refer to a "taxicab, limousine or bus designed to carry 19 of fewer passengers including the driver." He pointed out, in item 5, removal of proving tow cars are a public necessity would turn regulation of the tow-car industry into a free-for-all. He added the industry would prefer to be deregulated, but if tow cars are to be regulated, then the previous standards should be maintained.

Senator Care noted based on previous testimony, and on advice from the Legislative Counsel Bureau, he is abstaining from voting on the bill.

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Chairman O’Donnell elaborated the bill changes the manner in which the vehicle privilege tax is calculated. He said the bill extends the depreciation schedule from 10 years to 20 years, and reduces the tax rate. Chairman O’Donnell pointed out there is an amendment to exempt trucks and buses, otherwise those vehicles may be in violation of the national formula used for assessment.

Mr. Capurro brought attention to the International Registration Plan (IRP) where other states also have to collect Nevada’s privilege taxes and registration fees. He said the concern is with other IRP states collecting Nevada’s taxes if they have not only two different schedules, but also different percentages. He requested that the percentage be retained at 35 percent for trucks, buses, and the current schedule.

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F. Alex Ortiz, Lobbyist, Clark County, representing Lance Malone, Board of Commissioners, Clark County, stated Commissioner Malone is in support of S.B. 381. He added that Commissioner Malone expresses his thanks for Senators James’ and O’Donnell’s assistance with the bill.

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There being no further business, the meeting was adjourned at 4:50 p.m.

RESPECTFULLY SUBMITTED:

Laura Adler,

Committee Secretary

APPROVED BY:

Senator William R. O'Donnell, Chairman

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