MINUTES OF THE
SENATE COMMITTEE ON NATURAL RESOURCES
Sixty-seventh Session
February 26, 1993
The Senate Committee on Natural Resources was called to order by Chairman R. Hal Smith, at 8:37 a.m., on Friday, February 26, 1993, in Room 224 of the Legislative Building, Carson City, Nevada. Exhibit A is the Meeting Agenda. Exhibit B is the Attendance Roster.
COMMITTEE MEMBERS PRESENT:
Senator R. Hal Smith, Chairman
Senator Dean A. Rhoads, Vice Chairman
Senator Ernest E. Adler
Senator Mark A. James
Senator Joseph M. Neal, Jr.
Senator Dina Titus
COMMITTEE MEMBERS ABSENT:
Senator Thomas J. Hickey (Excused)
STAFF MEMBERS PRESENT:
Caren Jenkins, Senior Research Analyst
Rayanne Francis, Senate Committee Secretary
Caroline Allen, Senate Committee Secretary
OTHERS PRESENT:
Thomas A. Atkinson, Chief, Law Enforcement Division, Department
of Wildlife
Chairman Smith called the work session to order. He drew attention to a handout listing the bills on which committee members were to take action (Exhibit C).
SENATE BILL (S.B.) 50: Creates Virgin Valley Water District.
Chairman Smith reminded those in attendance S.B. 50 had been heard during the 2-week adjournment period in Las Vegas, Nevada. He stated that no one had testified in opposition to the bill and called for committee action on S.B. 50.
SENATOR ADLER MOVED TO AMEND AND DO PASS S.B. 50 AS AMENDED.
SENATOR JAMES SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS HICKEY, NEAL AND TITUS WERE ABSENT FOR THE VOTE.)
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SENATE BILL 116: Makes certain changes relating to discharge of sewage from vessels into waters of Nevada.
Chairman Smith mentioned a proposed amendment to S.B. 116 had been recommended which added "not" on page 2, line 5:
(b) "Marine sanitation device" means a toilet facility which is installed on board a vessel and which is designed to receive, retain, treat or discharge sewage, and any process to treat that sewage, but does not include portable devices which are designed to be carried onto and off of a vessel.
Chairman Smith called for action on S.B. 116.
SENATOR ADLER MOVED TO AMEND AND DO PASS S.B. 116 AS AMENDED.
SENATOR RHOADS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS HICKEY, NEAL AND TITUS WERE ABSENT FOR THE VOTE.)
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SENATE BILL 122: Increases fee for duplicate license for hunting, fishing or trapping.
Chairman Smith explained a proposed amendment to S.B. 122 had been suggested (Exhibit C).
Chairman Smith called for action on S.B. 122.
SENATOR ADLER MOVED TO AMEND AND DO PASS S.B. 122 AS AMENDED.
SENATOR JAMES SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR HICKEY WAS ABSENT FOR THE VOTE.)
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SENATE BILL 123: Increases fee for duplicate tags for hunting.
Chairman Smith drew attention to a proposed amendment to S.B. 123 (Exhibit C). He explained the Department of Wildlife did not object to the proposed amendment.
Senator James still had some doubts about how the situation would be handled when a hunter killed a deer which was discovered to be diseased and unfit for human consumption. Chairman Smith explained it was his understanding that, upon inspection of the carcass by a game warden, the hunter would receive preferential treatment when the next tag draw took place. Senator Adler agreed this was his understanding as well.
Thomas A. Atkinson, Chief, Law Enforcement Division, Department of Wildlife (DOW), introduced himself to members of the committee. He explained the proposed amendment to S.B. 123 would allow the State Board of Wildlife Commissioners to adopt regulations addressing whether the hunter, who killed the diseased deer, had another opportunity to hunt again. Mr. Atkinson supposed the board would be more apt to increase the hunter's odds on drawing another hunting tag the following year.
Senator Adler asked if the DOW would be less likely to condemn the deer as unfit for human consumption if it were known the hunter was more interested in the trophy, rather than the meat. Mr. Atkinson agreed and explained the DOW condemns the hide and antlers as well, so hunters are more hesitant to submit the carcass for inspection if they are interested in keeping a portion of the animal for trophy purposes.
Chairman Smith called for action on S.B. 123.
SENATOR JAMES MOVED TO AMEND AND DO PASS S.B. 123 AS AMENDED.
SENATOR ADLER SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS HICKEY AND TITUS WERE ABSENT FOR THE VOTE.)
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SENATE BILL 138: Expands requirement for obtaining permit from state engineer to drill well for domestic use.
Chairman Smith drew attention to the fact that Robert S. Hadfield, Executive Director, Nevada Association of Counties, had withdrawn S.B. 138 from further consideration.
Chairman Smith called for action on S.B. 138.
SENATOR JAMES MOVED TO INDEFINITELY POSTPONE S.B. 138.
SENATOR ADLER SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS HICKEY AND TITUS WERE ABSENT FOR THE VOTE.)
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SENATE JOINT
RESOLUTION (S.J.R.) 7: Directs Legislative Commission to continue committee to review Tahoe Regional Planning Compact.
Chairman Smith admitted he really did not see the need for such legislation. Senator Adler said he supported passage of this bill, due to the communication problems which existed before the oversight committee was established. He continued by saying there was a lack of communication and several disagreements regarding the management of the Lake Tahoe Basin. Senator Adler explained this oversight committee acted as an intermediary between the public and the legislature. He supported the continuance of the oversight committee but recommended the number of annual meetings be cut from four to two. He also recommended the membership be reduced from seven to three members.
Senator Rhoads recommended S.J.R. 7 be held until the Senate Committee on Natural Resources received a report from the oversight committee. Caren Jenkins, Senior Research Analyst, pointed out members of the committee had already been provided a copy of the "Report of the Legislative Committee to Investi-gate the Functioning of the Tahoe Regional Planning Compact." (An original copy of this report is located in the research library within the Senate Committee on Natural Resources meeting minutes of February 1, 1993 [Exhibit E].)
Senator Adler inquired who were the members of the oversight committee. Chairman Smith replied the interim oversight committee consisted of Senators Shaffer, O'Donnell and Vergiels, and Assemblymen Dini, Elliot, Callister and Heller.
In response to committee members' comments, Chairman Smith clarified no action would be taken on S.J.R. 7 at this time. He recommended the bill be scheduled for a future work session, during which time interested members of the interim oversight committee could provide testimony to the Senate Committee on Natural Resources.
Chairman Smith closed the hearing on S.J.R. 7.
SENATE BILL 117: Makes various changes relating to procedures for testing persons suspected of operating watercraft while under influence of alcohol or controlled substance.
Chairman Smith drew attention to the fact this bill had been discussed during the 2-week adjournment period.
ASSEMBLY BILL (A.B.) 57: Clarified procedure for obtaining involuntary samples of blood from certain persons suspected of driving under influence of controlled substance or alcohol.
Chairman Smith recalled considerable discussion had taken place about incorporating language contained in A.B. 57 into S.B. 117. He continued by saying he was not sure such an amendment would address the committee members' concerns. Senator Adler remarked he did not remember that there had been any opposition to S.B. 117 at the previous hearing.
Considerable discussion ensued about the manner in which a blood sample would be drawn from an individual refusing to submit to a test, or who was otherwise unconscious or dead. Senator Rhoads requested that someone provide him with a definition of the term "reasonable force" (contained in section 1, subsection 9). He admitted he envisioned a boater being thrown down in the bottom of a boat while an officer forcibly removed a vial of blood.
Senator Adler explained "reasonable force" did not describe the actual use of force. Rather, he said this term defined the insertion of a needle into the arm of a boater (suspected of being under the influence of an intoxicating liquor or a controlled substance) who refused to submit to the test. He said this method would be utilized in cases where the operator of a boat caused the death or substantial bodily harm of another individual.
Mr. Atkinson said Senator Adler's observations were correct. He assured Senator Rhoads that "reasonable force" would not involve the beating of any person in order to obtain blood. He explained this terminology applied in circumstances where the operator of a boat, involved in an accident, was also injured and unconscious. He explained the term "reasonable force" allowed an officer to draw a blood sample, due to the fact the operator was unable to give consent to the test.
Mr. Atkinson pointed out the District Attorney's Association had sponsored A.B. 57. He drew attention to a handout provided to members of the committee which incorporated language from A.B. 57 into S.B. 117 (Exhibit D).
Considerable discussion ensued regarding the fact that S.B. 117 was being modeled after similar language contained in statutes regarding motor vehicle operators who were under the influence. Mr. Atkinson agreed it was very similar to existing language contained in Nevada Revised Statute (NRS) 484.383 section 8, with the exception of amended language taken from A.B. 57 specifying that three samples of blood be taken. He said the only difference in the legislation dealt with the licensing issue, because it is not necessary for boaters to be licensed.
Chairman Smith called for action on S.B. 117.
SENATOR ADLER MOVED AMEND AND DO PASS S.B. 117 AS AMENDED.
SENATOR TITUS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR HICKEY WAS ABSENT FOR THE VOTE. SENATOR RHOADS VOTED NO.)
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BILL DRAFT REQUEST (BDR) R-1145: Urges Congress to approve and provide funding for the "Strategic Plan for Management of Wild Horses and Burros on Public Lands."
Chairman Smith called for committee introduction of BDR R-1145.
SENATOR ADLER MOVED TO INTRODUCE BDR R-1145.
SENATOR RHOADS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR HICKEY WAS ABSENT FOR THE VOTE.)
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BDR R-1147:Urges Congress to amend Endangered Species Act to allow for economic considerations.
Chairman Smith called for committee introduction of BDR R-1147.
SENATOR RHOADS MOVED TO INTRODUCE BDR R-1147.
SENATOR NEAL SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR HICKEY WAS ABSENT FOR THE VOTE. SENATOR TITUS VOTED NO.)
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BDR R-1148:Urge Congress to limit amount of land acquired by Federal Government.
Chairman Smith called for committee introduction of BDR R-1148.
SENATOR RHOADS MOVED TO INTRODUCE BDR R-1148.
SENATOR NEAL SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR HICKEY WAS ABSENT FOR THE VOTE.)
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BDR 17-1110: Expands authority of legislative committee on public lands.
Chairman Smith called for committee introduction of BDR 17-1110.
SENATOR RHOADS MOVED TO INTRODUCE BDR 17-1110.
SENATOR JAMES SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR HICKEY WAS ABSENT FOR THE VOTE.)
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There being no further business before the Senate Committee on Natural Resources, Chairman Smith adjourned the hearing at 9:02 a.m.
RESPECTFULLY SUBMITTED:
Rayanne J. Francis,
Committee Secretary
APPROVED BY:
Senator R. Hal Smith, Chairman
DATE:
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Senate Committee on Natural Resources
February 26, 1993
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