MINUTES OF MEETING
ASSEMBLY COMMITTEE ON NATURAL RESOURCES, AGRICULTURE AND MINING
Sixty-seventh Session
June 16, 1993
The Assembly Committee on Natural Resources, Agriculture and Mining was called to order by Chairman Vivian L. Freeman at 1:30 p.m., June 16, 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
Mr. Michael A. Schneider
Ms. Stephanie Smith
COMMITTEE MEMBERS ABSENT:
None
GUEST LEGISLATORS PRESENT:
None
STAFF MEMBERS PRESENT:
Fred Welden, Chief Deputy Research Director
OTHERS PRESENT:
Cathy Barcomb, Wild Horse Commission; Ray Blehm, State Fire Marshal; Verne Rosse, Division Environmental Protection; Jerry Penn, NALC Branch 2502.
Mrs. Freeman called the meeting to order and said the Assembly would be in session at 2:00 p.m.
ASSEMBLY BILL 119:
Provides that person may offer free consultation to public agency regarding incidents involving hazardous materials without certification.
Mr. Fred Welden spoke on A.B. 119 from Exhibit C. There was discussion the substantive provision of the bill could be handled by regulation of the State Environmental Commission. Mr. Dodgion said the relevant regulations had been adopted and A.B. 119 was no longer necessary.
ASSEMBLYMAN MOVED TO INDEFINITELY POSTPONE A.B. 119.
ASSEMBLYMAN SCHNEIDER SECONDED THE MOTION.
THE MOTION CARRIED. (ASSEMBLYMEN BACHE AND ERNAUT WERE ABSENT AT THE TIME OF THE VOTE.)
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ASSEMBLY BILL 121:
Requires testing for radon.
Mr. Johnson agreed he did not wish any further action on the radon bill.
ASSEMBLYMAN SMITH MOVED TO INDEFINITELY POSTPONE A.B. 121.
ASSEMBLYMAN SADER SECONDED THE MOTION.
THE MOTION CARRIED. (ASSEMBLYMEN BACHE AND ERNAUT WERE ABSENT AT THE TIME OF THE VOTE.)
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ASSEMBLY BILL 475:
Imposes fees on beverages for use in removing or reducing litter.
Mrs. Freeman said no action or discussion would take place on A.B. 475 as this time.
ASSEMBLY CONCURRENT RESOLUTION 6:
Directs Legislative Commission to study feasibility and desirability of creating Department of Public Safety.
Mr. Welden spoke from Exhibit C.
ASSEMBLYMAN REGAN MOVED TO INDEFINITELY POSTPONE A.C.R. 6.
ASSEMBLYMAN SADER SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY BY ALL THOSE PRESENT.
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ASSEMBLY CONCURRENT RESOLUTION 5:
Directs State Emergency Response Commission to conduct study concerning local emergency planning committees and agreements of mutual aid between local entities responding to incidents involving hazardous materials.
Mr. Welden spoke from Exhibit C. The Chairman had asked Mr. Welden to speak with Mr. Dini, Chairman of the interim study to inquire about his thoughts on the issue. Mr. Dini did not oppose A.C.R. 5, but felt it would not have any real effect upon Congress considering the taxes on motor vehicle fuels which have already been allocated.
ASSEMBLYMAN CARPENTER MOVED TO INDEFINITELY POSTPONE A.C.R. 5.
ASSEMBLYMAN SADER SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY BY ALL THOSE PRESENT.
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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. Welden spoke from Exhibit C. There was no action on the first hearing and no proposed amendments.
ASSEMBLYMAN CARPENTER MOVED TO DO PASS S.J.R. 15.
ASSEMBLYMAN DE BRAGA SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY BY ALL THOSE PRESENT.
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SENATE BILL 378:
Imposes penalty for unauthorized, intentional killing of wild burro and increases penalty for killing wild horse.
Ms. Cathy Barcomb, Director, Wild Horse Commission, said after the last session on S.B. 378 the sponsors of the bill realized they had not taken enough time to discuss the felony portion of the bill thoroughly. An amendment had been proposed, Exhibit C, Attachment B, page 5, which would not make the penalty a felony but would leave it as a gross misdemeanor as it currently was but with mandatory minimums. This might be enough discouragement to stop the killings of the wild horse and burros, said Ms. Barcomb. She reviewed the amendments for the committee.
Mr. Gibbons asked Ms. Barcomb about fines going to private foundations or trust funds. Mr. Gibbons asked if he shot five horses and each horse was an offense, how long would he be in jail. Ms. Barcomb said it would be up to the discretion of the judge on a first offense and a $2,000 fine on each animal. Mr. Gibbons said he was trying to find out if the killing of the horses would be one offense for each horse or one first conviction. The intent, said Ms. Barcomb, would be the conviction for all five horses.
Ms. de Braga said in the bill the wording indicated "a wild horse," which could be interpreted as one offense on each horse shot.
Mr. Ernaut would be more comfortable if the intent was clarified.
Mrs. Freeman said she would call a meeting on the floor when the amendments were available.
Mr. Carpenter said the way the bill read the fine could amount to $20,000 for the killing of five horses.
Mr. Gibbons had concerns about the commission imposing a fine and donating the fine to a privately funded agency. He felt there was a problem when a commission could impose a double jeopardy standard. Mr. Gibbons said it did not say if, after the court imposed a fine, the commission could also impose a fine. If this was true he would be adamantly opposed to the bill. If the court did not find them guilty and the commission decided they would fine them $2,000, it would be double jeopardy.
Mr. Welden said administrative fines were typically levied prior to any type of a court conviction, and the goal of having an administrative fine would be to get at wrong-doers quickly and not take two years to get through the court system. It would put someone in a double jeopardy situation in either case because an administrative fine could be levied in addition to the court fine. Mr. Welden informed the committee in state government, such as Nevada Department of Environmental Protection, some fines collected go to the University of Nevada, Reno for educational programs relevant to NDEP.
Mr. Ernaut said the whole purpose of the law was to deter people from killing wild horses, not a revenue source for the commission. Fines should be levied by the court and collected by the court like any other criminal statute, and there should be no ability for the commission to fine the people or any of the money to go back to the commission. It should be a criminal statute only.
Ms. Barcomb said her intent was for the fines to be mandatory fines because it would be a deterrent. She said they had looked at the Department of Wildlife laws as they could levy fines, keep them and put them back into a wildlife program. She felt fines levied for the wild horse could go back into an educational program. Mr. Ernaut said it was his understanding if he killed five horses, he would be fined $10,000 mandatory and jail would be at the discretion of the judge, but not to have the commission also fine $10,000. There would be a $20,000 fine for killing five horses. Ms. Barcomb said the first $10,000 would not go into anything to help wild horses, the first $10,000 would go into the state treasury. The way to get something back into the program to help in the education or rehabilitation of the area would be to levy administrative fines.
Mrs. Freeman asked Ms. Barcomb and Mr. Welden to work on the amendments, and the committee would look at them next week, either on the floor or in a committee hearing.
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
June 16, 1993
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