MINUTES OF THE ASSEMBLY COMMITTEE ON TRANSPORTATION Sixty-eighth Session May 25, 1995 The Committee on Transportation was called to order at 1:15 p.m., on Thursday, May 25, 1995, Chairman Batten presiding in Room 331 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. COMMITTEE MEMBERS PRESENT: Mr. Thomas Batten, Chairman Mrs. Vonne Chowning, Chairman Mr. Dennis L. Allard, Vice Chairman Mr. David Goldwater, Vice Chairman Mr. Bernie Anderson Mr. John C. Carpenter Mrs. Marcia de Braga Mr. Dennis Nolan Ms. Genie Ohrenschall Ms. Patricia A. Tripple GUEST LEGISLATORS PRESENT: Assemblyman Barbara Buckley, Assembly District 8 STAFF MEMBERS PRESENT: Mr. Paul Mouritsen, Research Staff OTHERS PRESENT: Frank Batchelor, Yellow Cab, Bill Shranko, Cabdriver for Whittlesea Cab, Sven Nilsson, Professional Drivers Association, Chris Christoff, representing United Steelworkers/Public Relations, Mr. Steve Miller, Consultant, United Steelworkers of America 711-A, Mr. Perry Ossian, Whittlesea Cabs, Daniel Tarkanian, Chairman, Blue Ribbon Committee, Ed Adkins, Taxicab Authority, Craig Harris, Yellow Cab driver, Rick Mullens, Western Cab Driver, Mr. William W. Morris, representing 4 Taxicabs Company, Ms. Ruthie Jones, ITPE/Maritime Union, F. Bell, Whittlesea Cab & Henderson Taxi, Kim Alberro. ASSEMBLY BILL 625 - Revises provisions governing towing of vehicles. Assemblyman Barbara Buckley, Assembly District 8, stated the amendment has been finalized by Mr. Paul Mouritsen, Legislative Counsel Bureau Research Staff. A copy of the amendment was submitted for the record (Exhibit C). The amendment was agreed upon by all parties involved at the last hearing. The words "private parties" were added to clarify that this only applies to private property tows. It also indicated the court action would take place where the towing occurred and not where the person resided. It clarified the persons who would go to court are those whose vehicle was towed as well as the person who authorized the allegedly unlawful tow. Also provided is notice of the appeal process which must be posted in a prominent place visible to the person claiming the vehicle at the location where the vehicle was redeemed. Ms. Buckley urged committee support for passage of A.B. 625. ASSEMBLYMAN OHRENSCHALL MADE A MOTION TO AMEND AND DO PASS A.B. 625 ASSEMBLYMAN CHOWNING SECONDED THE MOTION. THE MOTION PASSED UNANIMOUSLY. Assemblyman Buckley thanked the committee for their support. ASSEMBLY BILL 103 - Makes various changes relating to regulation of taxicabs in certain counties. Mr. Frank Batchelor, Yellow Cab driver, stated he is in support of the proposed amendment to A.B. 103. Mr. Batchelor was shot, injured and robbed by two assailants. He is in rehabilitation as a result of these injuries. Assemblyman Chowning asked how many hours Mr. Batchelor felt was appropriate for drivers to work. Mr. Batchelor replied he felt a 10 hour shift was sufficient. Mr. Bill Shranko, Whittlesea Taxi driver, requested the committee review the documents in the three ring binder (Exhibit D). The binder contained documents provided by the Professional Driver's Association, including problems, facts and figures. Mr. Shranko discussed anger, frustration and abject fear experienced by cabdrivers daily. Discussing the seat belt restriction, Mr. Shranko discussed how drivers are endangered everyday by seat belts. He indicated exemptions exist due to money and cost situations. These exemptions include truck drivers and children on school busses. Requiring passengers to wear seatbelts would create financial hardship on both companies and drivers. Cabdrivers have been exempted in California. Mr. Shranko discussed cabdriver fatality statistics. Discussing drivers on the Taxicab Authority Board, Mr. Shranko stated he felt the drivers could give the board direction and facilitate matters which come before the Board. Mr. Shranko explained health problems in keeping drivers on the shifts of ten hours or more. Drivers do not often have a chance to use the restroom due to performance mandates by companies. Mr. Shranko emphasized the importance of the bill and noted how drivers had worked for years on the issues. He encouraged cooperative efforts between the Taxicab Authority and taxi companies. Assemblyman Anderson inquired about general points in Mr. Shranko's testimony. Assemblyman Batten asked Mr. Nilsson to briefly to go over the amendment. Mr. Sven Nilsson, Professional Drivers Association, advised that Section 2 of the bill has been thoroughly rewritten with many suggestions from the Taxi Cab Authority. He discussed the proposed amendments and submitted them for the record (Exhibit D). Mr. Chris Christoff, Representing United Steelworkers/Public Relations, Driver for Whittlesea Cab Company, stated several months back he had asked questions in regard to the behaviors of the crimes committed against cabdrivers. He commented he was immediately given authority by United States Steel Workers to investigate why these crimes were being committed against cabdrivers. Crimes against cabdrivers have increased in the last four years. Mr. Christoff stated there was much negative response to his investigation. He discussed the possible use of surveillance or video cameras in cabs to aid in protecting the drivers. Noting cab driving is the number one high risk job in the nation, Mr. Christoff noted many cities and states are addressing the issue of driver safety. The survey camera is a very important factor for the safety of cabdrivers. Mr. Christoff discussed the success rate of video camera use in crime prevention in convenience stores. He indicated there is no tracking system to keep track of addresses or areas where crimes are committed against drivers. He described an auto tracking system available to aid in cab location and emergency situations. Mr. Nilsson continued with a review of proposed amendments (Exhibit D). Varied documents in (Exhibit E) were submitted for committee review. Mr. Steve Miller, Consultant, United Steelworkers of America, Local 711A, presented the Taxi Driver Protection Act (Exhibit F). Mr. Miller discussed convenience store crime in the late 1980's. He sponsored and drafted legislation before the city council requiring surveillance cameras in convenience markets. Since camera installations have been implemented there have been great changes in the safety statistics of convenience store employees. The arguments in favor of cameras were the same for convenience store employees as they are for cab drivers. Cost was the main concern for store owners. Mr. Miller discussed the advances in camera technology which have occurred since 1987 and how the cameras have become a powerful deterrent to convenience store crimes. He discussed proposals in the Taxi Driver Protection Act require a 1995 state- of- the-art system to be installed in every taxicab in counties with populations of over 200,000. The surveillance system would be installed within several feet of the passengers and the drivers. They would provide close ups of the passengers/drivers and would be activated when the door, either front passenger or rear, opened or closed for a period of thirty seconds. All entries and exits would be recorded. The driver could also activate an emergency switch which lights up a green light on the top of the cab and notifies the dispatch of a problem. Other drivers or police see a green light on the top of the cab and know a problem exists. The system will remain on until it is deactivated. Stickers or plaques would be on the interior and exterior of the cab advising patrons the system is in place. This type of system is working in banks, casinos, bars, convenient markets, and is not considered to be an invasion of privacy. Cameras would be less expensive than the ones tested in 1993, costing approximately $12 per trip to install an eight millimeter video recorder and a mini camera in every taxicab. Mr. Miller advised the Taxi Driver Protection Act is mainly searching for protection for taxicab drivers. It has been attempted to take the issue through proper channels. It has gone before the Clark County Taxicab Authority and the Blue Ribbon committee in Clark County. Neither committee had much driver representation, only owner representation. Mr. Miller felt owners were only looking out for the "bottom line", that is, their profit. He indicated if drivers felt safe they would be happier, more courteous, be employees of greater longevity and make the owners far more money. In conclusion of testimony Mr. Steve Miller asked what is a driver's life worth. Mr. Miller discussed a petition offered to the Taxicab Authority. He thanked the committee and urged their support for the passage of A.B. 103 with the amendment known as the Taxi Driver Protection Act (Exhibit F). Assemblyman Allard asked if it was the intention to propose including the Taxi Driver Protection Act to the proposed amendment under Section 4 where it speaks of N.R.S. 706.8811. Mr. Miller replied affirmatively. Chairman Chowning questioned the proposed amendment. It did not address the total costs and who would be responsible for paying the costs. Mr. Miller replied the estimated cost would be twelve cents per trip; (NOTE: this is a correction of previous testimony). The actual installation cost of the equipment would be borne by the owners of the taxicab companies. Estimates indicate the total cost would be approximately $800-$1200 per vehicle for installation of the surveillance systems. Costs vary depending on equipment manufacturers. Mrs. Chowning commented she would like to know how the Taxicab Authority feels about video cameras in taxicabs. She also asked if the Taxicab Authority had recently approved some type of protection measures. Mr. Miller replied the Taxicab Authority conducted a test several years ago with cost factors included. He discussed technology changes since then and how cost factors have been reduced by expanded technology. Assemblyman Tripple asked why these issues were coming to the legislature rather than being solved by the Taxicab Authority or the union. Mr. Miller stated they have gone through the proper channels. The process was begun approximately twelve months ago by appearing before the Taxicab Authority which established a Blue Ribbon Committee. Both entities found against the position of the drivers. He reiterated the lack of driver representation on the Taxicab Authority Board and lack of support by law enforcement personnel on the issue. Mr. Miller noted how a photograph of the perpetrator of a crime was superior in crime investigation. The issue had been brought to the legislature as a matter of last resort. He felt the issue had not been taken seriously by the Taxicab Authority and the Blue Ribbon Committee due to economic consideration. Assemblyman Ohrenschall asked if there were any provisions for prevention of crimes before they happen such as bulletproof shields or other protection devices. Mr. Miller remarked there have been numerous suggestions presented to the Taxicab Authority. He commended the Authority's allowance of certain items. There are certain items in A.B. 103 to compliment the use of the cameras. He stated the bulletproof shields seem to work at times but impede the driver's ability to be an ambassador in his city. Most major injuries occur outside the cab or through the driver's window. Assemblyman Goldwater commented he strongly supported the idea of installing cameras in taxicabs, but felt it should be dealt with at Taxicab Authority level. He expressed concern about the precedent being set by legislative action in local level issues. Mr. Miller stated there was no choice. It was felt the requests had been met by deaf ears and indicated when speaking of human lives whatever avenues were necessary would be taken. This is one of the most serious issues to come before the Assembly Transportation Committee. Mr. Perry Ossian, Driver for Whittlesea Cabs, Recording Secretary for United Steelworkers of America, Local 711A, explained cab drivers consist of people with professional backgrounds such as engineers, accountants, managers, and other professionals. Cabdrivers are from a cross section of America's work force. The reason they were before the Transportation Committee was to work within the democratic system to solve problems and provide a safer work place for the industry. The taxi industry has the highest occurrence of work place homicides in America. Mr. Ossian informed the committee many perpetrators of taxicab crimes were repeat offenders. He requested the passage of A.B. 103. Mr. Daniel Tarkanian, Chairman, Blue Ribbon Committee, Taxicab Authority, stated there were twenty-two members on the Blue Ribbon Committee. One-third of the committee members were drivers, one-third were cab owner and one-third were enforcement personnel or former or present Taxicab Authority members. He felt there was equal representation from all sides. Mr. Tarkanian felt Mr. Miller was inaccurate in several of the points he presented. He discussed the meetings of the Blue Ribbon Committee. The statements made inferring cost was the important issue and not driver safety were offensive to Mr. Tarkanian. Costs of preventive devices recommended by the committee would be passed along to the public via a fare increase. The Blue Ribbon Committee took testimony to learn what the best possible procedures were to improve driver safety. Investigative reports were studied from a national group and one from a regional group detailing their investigations on what the best preventive devices were. The Blue Ribbon Committee recommended five (5) preventative measures including driver training and retraining, automatic door locks, truck releases, the immediate distribution of crimes to drivers and secret witness programs. Rewards for secret witness programs were to be posted on cab door. A newspaper article regarding this issue was submitted for the record (Exhibit G). These were passed into regulation on May 23, 1995, by the Taxicab Authority. He stated Taxicab Authority did not approve the video camera in cabs and it was not recommended by the Blue Ribbon Committee. The reason it was not recommended by the Blue Ribbon Committee was not the cost. Of the twenty-two members on the committee, less than six felt video cameras were the best devices for crime deterrence. He noted not all cabdrivers felt cameras were the best device. Discussions regarding usage in other states was investigated. All testimony indicated no other state is using this type of device. The committee agreed to revisit the issue of vehicle cameras if it is determined they are being effectively used elsewhere or the newly approved methods do not prove to be effective. Mr. Tarkanian noted no hard evidence or statistics had been presented from convenience store owners regarding a reduction in crimes. He noted the cameras would be helpful in prosecution of perpetrators but not in crime prevention. A bulletproof shield was recommended by the Blue Ribbon Committee. These are used in other jurisdictions. Every driver who testified was against the bulletproof shield. Reasons given included a lower comfort level between passenger and driver and tip reduction. Mr. Tarkanian emphasized this was a money versus safety issue from the drivers themselves. Discussing the cost of surveillance systems, he stated the cost figures given by Mr. Miller were inaccurate. The cost figures presented to the Blue Ribbon Committee for surveillance systems by six to eight companies were approximately $1,200- $3,200. These were installation charges only. There would be cleaning and maintenance fees also. He reiterated how those on the Blue Ribbon Committee listened to all information presented in an honest effort to deal with all sides of the issue. Mr. Allard asked if the Blue Ribbon Committee felt this would be a costly experiment and there is no empirical data indicating video cameras would deter these types of crimes. Mr. Tarkanian responded he did not believe the type of criminals committing the crimes would be deterred by a video camera. Mr. Goldwater asked what the duties of the Taxicab Authority were. He asked if the issues being considered by the legislature were more in the jurisdiction of the Taxicab Authority. Mr. Tarkanian stated there were two other committees of the Taxicab Authority before the Blue Ribbon Committee was appointed which looked into the video camera and driver safety issues. Neither recommended video cameras. Recommendations of the Blue Ribbon Committee were made by the decision of the majority of committee members. He stated he felt the issue was within the jurisdiction of the Taxicab Authority. Mr. Ed Adkins, Compliance Enforcement Investigator and Supervisor, Taxicab Authority (TCA), stated TCA was against the revisions of A.B. 103 other than where it deals with driver safety. Mr. Craig Harris, Yellow Cab Driver and Steward for International Technical and Professional Employees Union, stated his company was in favor of the provisions of A.B. 103. He discussed taxicab allocations and allegations employee representatives had not supported allocations. The desire is for justified increases in allocations. Discussing the seat belt provision, Mr. Harris stated it has been shown seat belts have helped people in automobile safety, but noted there was an exception regarding cabdrivers. Mr. Harris indicated they are in favor of the cameras in cabs. He suggested it be an option for drivers to wear seat belts. It was also suggested a driver be placed on the board of the Taxicab Authority. Discussing the camera issue, Mr. Harris explained law enforcement in many states had utilized video cameras and the associated technology. Noting there is no absolute deterrent to crime, Mr. Harris stated the aggregate total of varied items to aid in deterring crimes. Chairman Batten suggested individual drivers pay for the system on a voluntary basis. He felt it was inappropriate for the legislature to micro manage any agency or to issue an unfunded mandate. He discussed differences between law enforcement use of video equipment and taxicab use. Mr. Harris replied the funding could be spread out in a longer period of time. He stated he was unsure if the Taxicab Authority had the authority to mandate major equipment changes with the blessing of the legislature. Chairman Batten clarified he meant the legislature mandating the Taxicab Authority or cab companies to install the equipment in question. Assemblyman Allard inquired whether the privacy issue of tape use had been addressed. Mr. Harris said the company would be responsible for the tape, therefore, confidentiality would not be destroyed. Mr. Rick Mullens, Driver for Western Cabs, stated he supported the amendment to A.B. 103. His main concern was representation at Taxicab Authority Board by the drivers. Mr. William W. Morris, representing four taxicab companies in the Las Vegas valley, owned by Mr. Charles Frias informed the committee Mr. Frias' company conducted an experiment with video cameras. The $40,000 experiment several years ago determined most tourists resented being filmed and numerous cab patrons refused to enter cabs when it was determined they would be filmed. Mr. Morris informed the committee Mr. Daniel Tarkanian did an outstanding job in pointing out the undocumented testimony of the Taxicab Authority, the union and their decision not approving the use of video cameras. There is a continuous efforts on behalf of management, drivers, and Taxicab Authority to do whatever is possible to make it safe for drivers. Mr. Morris felt driver training would be very advantageous. Taxi driver safety statistics in Las Vegas and similar sized cities were discussed. He felt the issue should be addressed through the Taxicab Authority. Mr. Frank Bell, Whittlesea Blue Cab & Henderson Taxis, stated both companies definitely are opposing A.B. 103. Mr. Bell stated Whittlesea and Henderson tested cameras in last few months and found they were not perfected. He stated he felt there were issues other than driver safety in A.B. 103. Opposition to the bill was expressed. Ms. Kim Alberro, victim, stated her father was the first driver to be murdered in Las Vegas in 1971. Ms. Alberro requested legislators mandate safety measures for cabdrivers. She discussed problems in the taxicab profession. Ms. Alberro felt if safety measures were not mandated because of money considerations then everyone was just as guilty as the criminals committing the crimes. Chairman Chowning thanked Ms. Alberro for her testimony and written communication. The audience was informed A.B. 103 would be assigned to a work session. Mr. Goldwater informed the committee how hard Ms. Alberro has worked and how frequently she has contacted his office working on A.B. 103. Mr. Goldwater pledged his support for the issue in working with the legislature and the Taxicab Authority. There being no further business to come before the committee, the meeting was adjourned at 3:28 p.m. RESPECTFULLY SUBMITTED: Barbara Prudic, Committee Secretary Assembly Committee on Transportation May 25, 1995 Page