MINUTES OF MEETING
ASSEMBLY COMMITTEE ON NATURAL RESOURCES, AGRICULTURE AND MINING
Sixty-seventh Session
April 28, 1993
The Assembly Committee on Natural Resources, Agriculture and Mining was called to order by Chairman Vivian L. Freeman at 1:30 p.m., Wednesday, April 28, 1993, in Room 321 of the Legislative Building, Carson City, Nevada. Exhibit A is the Meeting Agenda, Exhibit B is the Attendance Roster.
COMMITTEE MEMBERS PRESENT:
Mrs. Vivian L. Freeman, Chairman
Mr. John B. Regan, Vice Chairman
Mr. Douglas A. Bache
Mr. John C. Carpenter
Ms. Marcia de Braga
Mr. Peter G. Ernaut
Mr. James A. Gibbons
Mr. Roy Neighbors
Mr. Robert M. Sader
Ms. Stephanie Smith
COMMITTEE MEMBERS ABSENT:
Mr. Michael A. Schneider (Excused)
GUEST LEGISLATORS PRESENT:
None
STAFF MEMBERS PRESENT:
Fred Welden, Chief Deputy Research Director
OTHERS PRESENT:
Tom Atkinson, Nevada Department of Wildlife; Stephanie Licht, Nevada Woolgrowers Association; Doug Busselman, Nevada Farm Bureau.
Chairman Freeman opened the meeting and roll call was taken.
ASSEMBLY BILL 116:
Authorizes proration of annual fee paid by regulated facilities for hazardous materials.
Mrs. Freeman said the committee had heard the amendments to A.B. 116 on Monday, but needed to check if Mr. Dini was in accord. Mr. Welden checked with Mr. Dini and he agreed with the amendments as presented to the committee.
ASSEMBLYMAN REGAN MOVED TO AMEND AND DO PASS A.B. 116.
ASSEMBLYMAN SADER SECONDED THE MOTION.
THE MOTION PASSED BY ALL THOSE PRESENT. (ASSEMBLYMEN CARPENTER, ERNAUT, GIBBONS, SCHNEIDER AND SMITH WERE ABSENT AT THE TIME OF THE VOTE.)
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Mrs. Freeman informed the committee a letter had been written and signed by Speaker Dini, Assemblywoman Freeman, Senate Majority Leader Raggio and Senator Smith to send to the National Conference of State Legislatures thanking them for their presentation on the 1990 amendments to the Federal Clean Air Act (Exhibit C).
SENATE BILL 118:
Makes various changes to provisions governing revocation or suspension of licenses issued for hunting, fishing or trapping wildlife.
Mr. Tom Atkinson, Chief Game Warden, Department of Wildlife, supported S.B. 118. The department was looking to strengthen its effective means of enforcement by removing license privileges from individuals for violations. Removing a license privilege was more effective than fines or penalties being imposed. S.B. 118 broadened the language to allow the courts and commission to revoke license privileges for violations of regulations in addition to statutes. The bill also allowed courts to suspend license privileges and gave the commission broad authority to revoke or suspend licenses for a single violation where in the past two violations had been required. The commission could refuse to reissue a license. If a person was convicted of one or more violations, the commission "may" on its own initiative suspend those licenses for each violation which occurred either consecutively or concurrently. In the past if a person was convicted five times, the maximum time a license privilege could be revoked for under the statute was two years. The bill enhanced the penalty provision in the statute and made it very clear what the courts would do.
ASSEMBLYMAN REGAN MOVED TO DO PASS S.B. 118.
ASSEMBLYMAN BACHE SECONDED THE MOTION.
THE MOTION PASSED BY ALL THOSE PRESENT. (ASSEMBLYMEN CARPENTER, ERNAUT, GIBBONS, SCHNEIDER AND SMITH WERE ABSENT AT THE TIME OF THE VOTE.)
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SENATE BILL 119:
Allows board of wildlife commissioners to revoke licenses upon single violation of statutes or regulations.
Mr. Tom Atkinson, Chief Game Warden, Department of Wildlife explained S.B. 119 was a companion bill to S.B. 118 and supported by the department. He said the only change would be in line 3, page 2 of S.B. 119. The bill would update statutes to be in compliance with existing law passed over previous sessions and to come in compliance with the department's requests in S.B. 118.
ASSEMBLYMAN BACHE MOVED TO DO PASS S.B. 119.
ASSEMBLYMAN DE BRAGA SECONDED THE MOTION.
THE MOTION PASSED BY ALL THOSE PRESENT. (ASSEMBLYMEN CARPENTER, ERNAUT, GIBBONS, SCHNEIDER AND SMITH WERE ABSENT AT THE TIME OF THE VOTE.)
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SENATE BILL 195:
Revises fees relating to numbering and ownership of motorboats.
Mr. Tom Atkinson, Chief Game Warden, Department of Wildlife, said there were three objectives in S.B. 195, presented by the department. One objective was to increase the fees on titles on motor boats from $5 to $15. The second area would be to establish a fee for duplicate registrations to comply with an audit exception. The Department of Wildlife did not have statutory or regulatory authority for the amount charged of $10. The third objective would be an increase in fees charged for dealer plates from $7.50 to $15. Mr. Atkinson said the only significant money difference would be in the increased fee for titles; the department currently issues about 4,100 titles a year. The fiscal impact would be $41,000 in additional funds to the agency. The increase dealers' fees from $7.50 to $15 would impact approximately 123 plates for boat shops which demonstrated boats and needed a dealers' license.
Mr. Neighbors felt the title fee from $5 to $15 was excessive and said duplicate automobile title fees he thought were only $5. He asked how the Wildlife Department arrived at the cost and he asked if additional help needed to be hired. Mr. Atkinson indicated the public who obtained titles thought $5 was a bargain. He said the department was trying to come in line with its administrative costs of issuing a title and additional help would not be needed. Mr. Atkinson said he would not have a problem with lowering the amount asked for in S.B. 195.
Mrs. Freeman asked Mr. Atkinson if the Department of Wildlife had determined the amount of increase needed for administrative costs. Mr. Atkinson replied yes, but stated it was difficult to establish a precise figure.
Mr. Sader asked if the increase was additional revenue in the Governor's budget. Mr. Atkinson said yes, although he said if the governor's reorganization took place, title and registration duties and responsibilities would be transferred to the Department of Motor Vehicles. Mr. Sader said regardless of whose budget the increase was in, it would have been plugged in already to the governor's budget and if it was reduced, it would reduce the budget.
Mr. Neighbors felt just because a department had the increase in its budget should not obligate passage. He said he would have a problem with paying three times more for a motor boat than he would for a vehicle title.
Mr. Welden informed the committee the title fee was only collected when a boat title changed hands and would not be an annual fee. Mr. Atkinson agreed it was a one-time document unless there was a transfer of ownership.
Mr. Neighbors asked how many years had the amount of $5 been charged. Mr. Atkinson said he did not know the exact date, but in 1987 the registration fee structure was changed.
Two members of the committee arrived before the vote and Mr. Atkinson was asked to briefly go over the bill for their consideration.
ASSEMBLYMAN SADER MOVED TO DO PASS S.B. 195.
ASSEMBLYMAN BACHE SECONDED THE MOTION.
THE MOTION PASSED. (ASSEMBLYMAN NEIGHBORS VOTED NO. ASSEMBLYMEN SCHNEIDER, ERNAUT AND SMITH WERE ABSENT AT THE TIME OF THE VOTE.)
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SENATE JOINT RESOLUTION 15:
Urges Congress to require determination of whether species of wildlife is endangered or threatened to be made in timely manner and to require consideration of certain economic factors in developing recovery plans for such wildlife.
Mr. Doug Busselman, Executive Vice President, Nevada Farm Bureau
supported S.J.R. 15. He stated there was a great deal of work going on in Washington, D.C. with the reauthorization of the endangered species act. Mr. Busselman explained what was supported at the national level and S.J.R. 15 would bring balance to the endangered species process. He asked for the committee's support.
Mr. Carpenter asked why the bill related to Las Vegas when problems existed throughout the state of Nevada. Mr. Busselman stated he did not have anything to do with the drafting of the resolution and could not answer specifically why the desert tortoise was the only citation mentioned. The desert tortoise was the most publicized of the endangered species listings. Mr. Busselman said he understood the Public Lands Committee had submitted the resolution.
Mr. Regan mentioned the "Wood Duck," which 40 years ago was an endangered species. Now even "Duck's Unlimited" recommended shooting the "Wood Duck."
Mr. Busselman said having an endangered species on an individuals property was like having a "kiss of death." The whole focus of what had become endangered species had done nothing for the recovery of anything. The "Wood Duck" was a good analogy of what happened when focus was on recovery of a species to bring about the recovery as opposed to the current focus for endangered species recovery. Mr. Busselman stated the "Goshawk" was not an endangered species and therefore, would not be mentioned in the resolution.
Ms. Stephanie D. Licht, Secretary/Treasurer, Nevada Wool Growers Association, stated the livestock industry concurred with S.J.R. 15.
Ms. Freeman said action would not be taken on the bill at this time.
The hearing was closed on S.J.R. 15.
Mr. Regan distributed booklets published by the American Legislative Exchange Counsel with ideas on the state and national level of the private partnership regarding environmental problems. Mr. Regan obtained the booklets from an Environmental Conference he attended in Alabama.
There being no further business to come before committee, the meeting was adjourned at 2:00 p.m.
RESPECTFULLY SUBMITTED:
PAT MENATH
Committee Secretary
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Assembly Committee on Natural Resources, Agriculture and Mining
April 28, 1993
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