MINUTES OF THE
SENATE Committee on Transportation
Seventy-First Session
May 15, 2001
The Senate Committee on Transportationwas called to order by Chairman William R. O'Donnell, at 3:31 p.m., on Tuesday, May 15, 2001, in Room 2149 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 Raymond C. Shaffer
Senator Terry Care
Senator Maggie Carlton
COMMITTEE MEMBERS ABSENT:
Senator Maurice Washington (Excused)
GUEST LEGISLATORS PRESENT:
Assemblyman David R. Parks, Clark County Assembly District No. 41
STAFF MEMBERS PRESENT:
Donald O. Williams, Committee Policy Analyst
Joan Moseid, Committee Secretary
OTHERS PRESENT:
Sarah Stadler, Media Coordinator, Mothers Against Drunk Driving, Lyon County Chapter
Laurel A. Stadler, Lobbyist, Mothers Against Drunk Driving, Lyon County Chapter
Chairman O’Donnell:
We will open the hearing on Assembly Bill (A.B.) 315.
ASSEMBLY BILL 315: Requires offender convicted of first offense of driving under influence of intoxicating liquor or controlled substance to attend program of treatment when concentration of alcohol in blood or breath of offender is 0.18 or more. (BDR 43-587)
Assemblyman David R. Parks, Clark County Assembly District No. 41:
I am the primary author of A.B. 315. The bill was intended to do a number of things; however, in the Assembly judiciary committee it was somewhat scaled down.
I would like to share a couple of thoughts about why I am bringing this bill forward. Between the last session and this session, I served for 13 months on a grand jury in Clark County, and we handled a great number of driving under the influence (DUI) accident cases involving individuals who received bodily injuries and/or died. In all the cases except one, the individual at fault had a blood alcohol level well in excess of 0.18.
This brought to mind a need for a statute to deal with such an individual. Consequently, I authored an “extreme DUI bill” and when it was submitted, I asked for a number of things. The bill, as it was amended and passed out of the Assembly, requires an individual, whose blood alcohol concentration exceeds 0.18, to attend a program of treatment for alcohol abuse. I would respectfully request this committee consider passing this bill.
Sarah Stadler, Media Coordinator, Mothers Against Drunk Driving, Lyon County Chapter (M.A.D.D.):
I am here today to support A.B. 315. Mothers Against Drunk Driving has long supported the concept of treatment in addition to other sanctions for DUI offenders. We would like to see treatment mandated for all DUI offenders who are identified as alcohol abusers, and A.B. 315, with the 0.18 Blood Alcohol Count (BAC) threshold, is certainly a start. Many studies have shown the earlier the treatment is received, the more successful it is. We believe this legislation will help reduce recidivism among DUI offenders, thereby saving lives. I urge this committee to support A.B. 315.
Senator Care:
How long does it take an individual to get to the level of 0.18?
Assemblyman Parks:
For an individual who is approximately my weight to have a BAC of 0.18, he would have to consume approximately two six-packs of beer within 3 to 4 hours. Individual BAC levels vary significantly by weight and gender.
Senator Jacobsen:
Ms. Sarah Stadler, what grade are you in?
Ms. S. Stadler:
I am in the seventh grade.
Senator Jacobsen:
Do the kids you associate with talk about drinking and driving?
Ms. S. Stadler:
They do not talk about drinking and driving; but I have heard, on occasion, people on my bus talking about getting drunk at a party the night before.
Senator Jacobsen:
Do you have any idea what a driving course is like or what may be proposed? How many hours would you have to attend?
Laurel A. Stadler, Lobbyist, Mothers Against Drunk Driving, Lyon County:
Were you asking about courses for kids or the treatment addressed in this bill?
Senator Jacobsen:
It is indicated in this legislation “To pay tuition for an educational course on abuse of alcohol and controlled substances.” I am curious about what type of course this is, whether it is an 8-hour course or 20-hour course.
Ms. L. Stadler:
I believe this bill was referring to the DUI school offenders presently have to attend. The Department of Motor Vehicles and Public Safety controls this process and they handle the oversight of the DUI schools. I am not sure how many hours this particular program requires.
Senator Jacobsen:
Do they have a course for a 15-year-old? If so, would this course be permitted by the law?
Ms. L. Stadler:
I believe the juvenile statutes are somewhat different. When juveniles get DUIs, I believe they are under the same sanctions because they have drivers’ licenses. Any child arrested for DUI or alcohol consumption of any type, or possession, is subject to a statute mandating an evaluation to see if treatment is necessary.
Senator Jacobsen:
I believe during a previous legislative session we had a demonstration where the legislators had one drink and were tested; next, two drinks, and were tested, then three drinks, and were tested. I am just curious as to what type of course a 15-year-old would take. Is this just talk?
Ms. L. Stadler:
They would not have a drinking test for these juveniles, as it would not be appropriate. I believe in the regular driver education program, the course teenagers take in high school prior to getting their license, alcohol impairment is addressed as part of the course.
Chairman O’Donnell:
We will close the hearing on A.B. 315 and open the work session on A.B. 534. For the record, we have a prepared work session document for the Senate Committee on Transportation, dated May 15, 2001 (Exhibit C).
ASSEMBLY BILL 534: Increases membership of regional transportation commission in certain less populous counties. (BDR 32-335)
SENATOR AMODEI MOVED TO DO PASS A.B. 534.
SENATOR CARE SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR WASHINGTON WAS ABSENT FOR THE VOTE.)
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Chairman O’Donnell:
I am requesting a motion on A.B. 315. I would like to move it forward and amend the wording to make it consistent with Senate Bill (S.B.) 300.
SENATE BILL 300: Abolishes bureau of alcohol and drug abuse of department of human resources and transfers powers and duties of bureau to health division of department of human resources. (BDR 40-538)
Chairman O’Donnell:
Assembly Bill 315 identifies the bureau of alcohol and drug abuse (BADA) in the department of human resources as the entity designated to certify treatment programs (as referenced in NRS 484.37937), while S.B. 300 eliminates BADA altogether and reassigns its responsibilities to the health division of the department of human resources. I think we can amend A.B. 315 to resolve the conflict and vote to do pass.
SENATOR AMODEI MOVED TO AMEND AND DO PASS A.B. 315.
SENATOR JACOBSEN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR WASHINGTON WAS ABSENT FOR THE VOTE.)
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Chairman O’Donnell:
There being no further business, this hearing is adjourned at 3:52 p.m.
RESPECTFULLY SUBMITTED:
Joan Moseid,
Committee Secretary
APPROVED BY:
Senator William R. O'Donnell, Chairman
DATE: