MINUTES OF THE

SENATE Committee on Transportation

 

Seventy-First Session

April 19, 2001

 

 

The Senate Committee on Transportationwas called to order by Chairman William R. O'Donnell, at 2:40 p.m., on Thursday, April 19, 2001, in Room 2149 of the Legislative Building, Carson City, Nevada.  The meeting was video conferenced to the Grant Sawyer Office Building, Room 4401, Las Vegas, 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 Lawrence E. Jacobsen

Senator Maurice Washington

Senator Terry Care

Senator Maggie Carlton

 

COMMITTEE MEMBERS ABSENT:

 

Senator Mark Amodei, Vice Chairman (Excused)

Senator Raymond C. Shaffer (Excused)

 

GUEST LEGISLATORS PRESENT:

 

Assemblywoman Vonne S. Chowning, Clark County Assembly District No. 28

 

STAFF MEMBERS PRESENT:

 

Donald O. Williams, Committee Policy Analyst

Alice Nevin, Committee Secretary

 

OTHERS PRESENT:

 

Patricia Jarman-Manning, Commissioner, Consumer Affairs Division, Department of Business and Industry

Mary Lau, Lobbyist, Retail Association of Nevada

Ralph Felices, Acting Administrator, Compliance Enforcement Division, Department of Motor Vehicles and Public Safety

Wayne A. Frediani, Lobbyist, Nevada Franchised Auto Dealers Association

Donald Fondriasopolous, Concerned Citizen

Ronald Frank, Concerned Citizen

James F. Nadeau, Lobbyist, Washoe County Sheriff’s Office, and Nevada Sheriffs and Chiefs Association

Stan Olsen, Lobbyist, Las Vegas Metropolitan Police Department

Alan Mandell, Tribal Chairman, Pyramid Lake Paiute Tribe

Gerry Emm, Lobbyist, Pyramid Lake Paiute Tribe

James T. Braswell, Lobbyist, Douglas County, and Nevada Airport Managers Association, Incorporated

Mary C. Walker, Lobbyist, Douglas County, and Lyon County

F. Alex Ortiz, Lobbyist, Clark County

Bernie Curtis, Board of Commissioners, Douglas County

Robert E. Campbell, Lobbyist

 

Chairman O'Donnell opened the hearing on Assembly Bill (A.B.) 171.

 

ASSEMBLY BILL 171:  Makes various changes relating to garages for repair of motor vehicles. (BDR 43-582)

 

Assemblywoman Vonne S. Chowning, Clark County Assembly District No. 28, said in past legislative sessions work had been done to provide protection for consumers in the area of automotive repair.  She noted this bill would change the word “automotive” to “motor vehicles” to include automobiles, recreational vehicles, and motor homes. 

 

Assemblywoman Chowning reviewed A.B. 171 and commented it protected consumers; for example, the bill required a statement of charges be presented to the person requesting the repair of a motor vehicle.  She noted this bill was requested by the automotive advisory board and included other miscellaneous changes to Nevada Revised Statutes (NRS) 487.035, for protection of both consumers and businesses. 

 

Assemblywoman Chowning said because of the hard work of the automotive repair advisory board, complaints about automotive repair problems were diminishing.  She called attention to the Bill of Rights posted in motor vehicle repair shops which spelled out the rights of both the business person and the consumer.

 

Patricia Jarman-Manning, Commissioner, Consumer Affairs Division, Department of Business and Industry, said she had worked with the automotive repair advisory committee (now called the motor vehicle repair advisory board) for six years.  She said, “I am thrilled that the joint efforts of working with the industry, working with state government, and working with local business owners is really beginning to pay off.”  She said automotive repair was still the number one complaint received by the Consumer Affairs Division, but it had decreased by a large measure because businesses were trying to self regulate and to resolve issues with consumers prior to contacting the Consumer Affairs Division. 

 

Mary Lau, Lobbyist, Retail Association of Nevada, testified the association was fully in support of the bill.

 

Ralph Felices, Acting Administrator, Compliance Enforcement Division, Department of Motor Vehicles and Public Safety, said the department was pleased to support the bill. 

 

Chairman O'Donnell asked if motorcycles had been taken out of the bill.  Assemblywoman Chowning replied yes, because the motorcycle industry so effectively regulated themselves there were no measurable amounts of complaints going to the Consumer Affairs Division because of motorcycle repairs.

 

Senator Care called attention to section 4, subsection 6, of A.B. 171, which said “The department shall . . . revoke or refuse to renew the certificate of registration of the person who failed to comply with the order.”  He asked, “Why have the hearing in the first place?  If there is a violation, there will be a hearing; but, regardless of what we find at the hearing, we are still going to revoke the certificate.” 

 

Mr. Felices clarified the department would be notified there was a court order against a repair facility; a hearing would be held and if necessary the certificate would be revoked.

 

Wayne A. Frediani, Lobbyist, Nevada Franchised Auto Dealers Association, said the association supported A.B. 171.

 

Chairman O'Donnell closed the hearing on A.B. 171 and opened the hearing on A.B. 481.

 

ASSEMBLY BILL 481:  Prohibits in certain circumstances person from operating sound amplification system in motor vehicle in certain manner. (BDR 43‑1278)

 

Assemblywoman Chowning presented a packet of information containing vehicle codes in other states and various newspaper articles (Exhibit C.  Original is on file in the Research Library.).  She noted this bill did not pertain to emergency vehicles, vehicles in parades, or vehicles that were part of a business which required sound to be heard at a great distance.

 

Assemblywoman Chowning noted the bill came about because of the complaints from constituents in her district.  She commented people complained they could not sleep, watch television, or talk inside their homes because of the loud sounds from motor vehicles. 

 

Senator Washington asked why this problem had to be dealt with at the state level instead of an ordinance passed at a county or city level and Assemblywoman Chowning pointed out Exhibit C contained copies of ordinances from other states.  She noted the lack of uniformity throughout the state made ordinances difficult to enforce; this bill would establish a reason for a traffic citation that would be uniform throughout the state.

 

Senator Washington said this could bring about racial profiling because of the specific population that used sound amplification systems in cars.  Assemblywoman Chowning said this was a serious issue and a study dealing with racial profiling had been mandated as part of another Assembly bill.

 

Senator Washington pondered, “I wonder . . . gone are the days of common courtesy so that we have to legislate these things.”

 

Senator Carlton asked if this bill would address sound amplification systems in cars that were so loud they set off car alarms.  Assemblywoman Chowning replied if the sound emanating from the sound amplification system was audible from a distance of more than 25 feet from the motor vehicle, it would be addressed with this bill.

 

Donald Fondriasopolous, Concerned Citizen, testified he represented the political action committee against noise pollution and said he supported A.B. 481. 

 

Senator Care supported the bill but asked how enforcement would be handled.

 

Ronald Frank, Concerned Citizen, said he supported the bill because this was a real problem for high-density areas, especially apartment dwellers.

 

Senator Jacobsen wondered if farm equipment would be affected by this bill.

 

James F. Nadeau, Lobbyist, Washoe County Sheriff’s Office, and Nevada Sheriffs and Chiefs Association, spoke in support of the bill.  He said this bill dealt only with sound amplification systems and would not affect farm equipment.

 

Senator Care asked if this bill would apply to a car parked on a public roadway and Stan Olsen, Lobbyist, Las Vegas Metropolitan Police Department, answered it would apply on a public roadway but probably not apply in a park.  Mr. Olsenvoiced support for the bill and asserted racial profiling was not done by law enforcement agencies in this state.

 

Chairman O'Donnell closed the hearing on A.B. 481 and opened the hearing on A.B. 113. 

 

ASSEMBLY BILL 113:  Provides for issuance of special license plates for support of rodeos. (BDR 43-1005)

 

Alan Mandell, Tribal Chairman, Pyramid Lake Paiute Tribe, presented an amendment to the bill (Exhibit D).  He said the tribe supported passage of the bill but hoped to amend the bill to include issuance of a special license plate for the protection and enhancement of natural resources on the lower Truckee River and Pyramid Lake.  He noted the funds generated by the sale and renewal of the plates would be used to benefit various projects; for example, enhancing and developing the lower Truckee River and Pyramid Lake, and funding for a fairgrounds/rodeo area at Pyramid Lake High School.

 

Senator Carlton asked if the amendment was acceptable with the original sponsors of the bill.  Gerry Emm, Lobbyist, and Environmental Director, Pyramid Lake Paiute Tribe, said yes, it had been discussed with the bill sponsors.

 

Chairman O'Donnell closed the hearing on A.B. 113 and opened the hearing on A.B. 210.

 

ASSEMBLY BILL 210:  Increases authorized term for lease of county property for use as airport, airport facility or airport service. (BDR 44-507)

 

James T. Braswell, Lobbyist, Douglas County, and Nevada Airport Managers Association, said he was the operational services director for the Douglas County Airport (Minden-Tahoe Airport) as well as president of Nevada Airport Managers Association.  He stated this bill would be very helpful in the economic development of rural Nevada communities.  A number of county airports in Nevada had lease agreements that were 20-30 years old; this proposal would increase leases up to 99 years which would help airports entice businesses to these facilities.  Allowing county airports to work with investors and tenants would help economic development efforts in rural Nevada communities.

 

Mary C. Walker, Lobbyist, Douglas County, and Lyon County, said she supported Mr. Braswell’s remarks and understood other county airports concurred, with the exception of the Reno Tahoe International Airport, who was neutral on the bill.  She said one of the reasons the more urban communities were neutral was they did not need this because economic development was doing well; but, in the rural areas a guarantee was needed in order to attract economic development to these communities.

 

F. Alex Ortiz, Lobbyist, Clark County, said Clark County was neutral on this bill.

 

Bernie Curtis, Board of Commissioners, Douglas County, said this bill would allow economic diversification at the Minden-Tahoe Airport and provide other options currently not available.

 

Senator Lawrence E. Jacobsen, Western Nevada Senatorial District, gave background information on the Minden-Tahoe Airport.  He noted the airport was a great service center with the capability to handle emergency situations for the entire area.  He asked for support of this bill. 

 

Robert E. Campbell, Lobbyist, representing The Campbell Company, said he had clients interested in developing the Ivanpa Airport, south of Las Vegas, who felt this was a necessary piece of legislation.

 

Senator Care asked if the 99 years would apply to an airport concession at the McCarran International Airport.  Chairman O'Donnell asked Mr. Ortiz to get information about the maximum time for concession leases and provide it to the committee.

 

Chairman O'Donnell closed the hearing on A.B. 210 and opened the hearing on A.B. 534.

 

ASSEMBLY BILL 534: Increases membership of regional transportation commission in certain less populous counties. (BDR 32-335)

 

Ms. Walker said this bill increased the membership of the regional transportation commission in Lyon County.  She reviewed the bill and noted this bill would expand the commission to make sure there was adequate representation throughout the county. 

 

Chairman O'Donnell closed the hearing on A.B. 534 and adjourned the meeting at 3:52 p.m.     

 

 

                                                                                        RESPECTFULLY SUBMITTED:

 

 

Alice Nevin,

Committee Secretary

 

 

APPROVED BY:

 

 

                       

Senator William R. O'Donnell, Chairman

 

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