MINUTES OF THE meeting
of the
ASSEMBLY Committee on Transportation
Seventy-First Session
June 3, 2001
The Committee on Transportationwas called to order at 2:40 p.m. on Sunday, June 3, 2001. Chairwoman Vonne Chowning presided at the Bar of the Assembly of the Legislative Building, Carson City, Nevada. Exhibit A is S.B. 576. All exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.
COMMITTEE MEMBERS PRESENT:
Mrs. Vonne Chowning, Chairwoman
Ms. Genie Ohrenschall, Vice Chairman
Mr. John Carpenter
Ms. Barbara Cegavske
Mr. Jerry Claborn
Mr. Tom Collins
Mr. Don Gustavson
Mr. John J. Lee
Ms. Kathy McClain
Mr. Dennis Nolan
Mr. John Oceguera
Mrs. Debbie Smith
GUEST LEGISLATORS PRESENT:
Senator William O’Donnell
STAFF MEMBERS PRESENT:
Paul Mouritsen, Committee Policy Analyst
Jackie Valley, Recording Secretary
Reba Coombs, Transcribing Secretary
Senate Bill 576: Makes various changes to provisions governing fully regulated carriers. (BDR 58-1557)
Paul Mouritsen, Committee Policy Analyst, Research Division, explained the amendments to S.B. 576 (Exhibit A) to committee members. The amendments had been submitted by a variety of people, including, the Limo Bus Operators; Daryl Capurro of the Nevada Motor Transport Association; Chairwoman Chowning; Michael Sullivan of the Nevada Limousine Coalition; Bruce Breslow, Commissioner with the Transportation Services Authority (TSA); Assemblywoman Smith; Brock Lewis; Paul Christensen of the TSA, and Assemblywoman McClain.
MR. GUSTAVSON MOVED TO AMEND S.B. 576 BY DELETING SECTION 2, WHICH DEFINED “BUS.”
MS. McCLAIN SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
********
Mr. Mouritsen drew attention to an amendment to S.B. 576 by Daryl Capurro of the Nevada Motor Transport Association for consideration by the committee. He explained Mr. Capurro’s amendment would retain the definition of “bus” and create a new category to regulate carriers called “super-stretch limousines” with a capacity of 16 to 30 persons.
MS. OHRENSCHALL MOVED TO AMEND PAGE 2 BETWEEN LINES 10 AND 11 ADDING A NEW SECTION DEFINING SUPER-STRETCH LIMOUSINES.
MRS. SMITH SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY.
********
Mr. Mouritsen noted that the amendment submitted by Chairwoman Chowning and Michael Sullivan of the Nevada Limousine Coalition would eliminate the English language requirement.
MR. CARPENTER MOVED TO AMEND SECTION 8, PAGE 2 AND DELETE LINES 44 AND 45, WHICH WOULD ELIMINATE THE ENGLISH LANGUAGE REQUIREMENT.
MR. OCEGUERA SECONDED THE MOTION
THE MOTION PASSED UNANIMOUSLY.
********
Mr. Mouritsen explained the amendment recommended by Commissioner Bruce Breslow, of the TSA. The TSA suggested amending Section 8, page 3 by deleting lines 12 through 17, whereby a person could be denied a permit if convicted of an offense involving moral turpitude.
MS. OHRENSCHALL MOVED TO AMEND SECTION 8 PAGE 3 BY DELETING LINES 12 THROUGH 17.
MRS. SMITH SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
********
Mr. Mouritsen stated Assemblywoman Smith’s amendment would prevent a driver from using a cellular telephone while operating the vehicle. He stated another option would authorize the TSA to adopt rules regulating the conduct of drivers in order to ensure the safety and comfort of the public.
MRS. SMITH MOVED TO WITHDRAW THE AMENDMENT CONCERNING USE OF A CELLULAR TELEPHONE WHILE OPERATING A VEHICLE. SHE THEN MOVED FOR ADOPTION OF THE AMENDMENT WHEREBY THE TSA WOULD BE AUTHORIZED TO ADOPT RULES REGULATING THE CONDUCT OF DRIVERS.
MR. OCEGUERA SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY.
********
Mr. Mouritsen stated that Brock Lewis’ amendment to S.B. 576 would eliminate the allocation provisions by deleting Sections 20 through 23.
MRS. CEGAVSKE MOVED TO ADOPT MR. LEWIS’ AMENDMENT TO S.B. 576.
MR. COLLINS SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY.
********
Mr. Mouritsen explained Paul Christensen’s amendment to S.B. 576 which would allow a portion of the additional allocations for new applicants.
MRS. SMITH MOVED TO REQUIRE THE TSA TO ADOPT REGULATIONS FOR ADDITIONAL ALLOCATIONS FOR NEW APPLICANTS.
MR. COLLINS SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY.
********
Mrs. Chowning asked to amend Section 24, page 9 after line 36 to insert subsection d), “The person that owns or operates the motor vehicle transports passengers without compensation.” Mrs. Chowning also requested the committee to amend Section 24, page 9 line 37 to delete the word “may” and insert “shall.”
MS. McCLAIN MOVED TO ADOPT CHAIRWOMAN CHOWNING’S AMENDMENTS.
MS. OHRENSCHALL SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY.
********
MS. McCLAIN MOVED TO AMEND SECTION 37, PAGES 16 AND 17, TO DELETE THE WORD “GROSS” ON PAGE 16, LINE 48; AND DELETE INCREASED PENALTIES ON PAGE 17.
MR. OCEGUERA SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY.
********
MR. OCEGUERA MOVED TO AMEND SECTION 38, LINE 24 TO DELETE “JULY 1, 2002” AND INSERT “JANUARY 1, 2003.”
MS. OHRENSCHALL SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY.
********
Mr. Mouritsen explained Mr. Sullivan’s amendment was to eliminate the moratorium by deleting subsection 2 of the Section 38, lines 30 through 36 on page 17.
MS. MCCLAIN MOVED TO ADOPT MR. SULLIVAN’S PROPOSED AMENDMENT.
MR. OCEGUERA SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY.
********
MRS. SMITH MOVED TO AMEND AND DO PASS S.B. 576 AS A WHOLE.
MS. McCLAIN SECONDED THE MOTION.
THE MOTION CARRIED WITH MR. GUSTAVSON AND MR. COLLINS VOTING NO.
********
There being no further business before the committee, the Chairwoman adjourned the meeting at approximately 4:00 p.m.
RESPECTFULLY SUBMITTED:
Reba Coombs
Transcribing Secretary
APPROVED BY:
Assemblywoman Vonne Chowning, Chairwoman
DATE: