MINUTES OF THE
SENATE COMMITTEE ON NATURAL RESOURCES
Sixty-seventh Session
March 15, 1993
The Senate Committee on Natural Resources was called to order by Chairman R. Hal Smith, at 9:07 a.m., on Monday, March 15, 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 Thomas J. Hickey
Senator Mark A. James
Senator Joseph M. Neal, Jr.
COMMITTEE MEMBERS ABSENT:
Senator Dina Titus
STAFF MEMBERS PRESENT:
Caren Jenkins, Senior Research Analyst
Rayanne Francis, Senate Committee Secretary
OTHERS PRESENT:
Fred F. Messmann, Boating Staff Game Warden, Department of
Wildlife
James L. Wadhams, Lobbyist, American Insurance Association
John M. Collins, Chief Sanitary Engineer, Washoe County
R. Michael Turnipseed, Professional Engineer (P.E.), State
Engineer, Division of Water Resources, Department of
Conservation and Natural Resources
Chairman Smith opened the hearing on Senate Bill (S.B.) 229.
SENATE BILL 229: Requires person to file report of accident involving vessel with department of wildlife before receiving payment of insurance claim.
Fred F. Messmann, Boating Staff Game Warden and Boating Law Administrator, Nevada Department of Wildlife, introduced himself to members of the committee. He mentioned he was also the president of the Western States Boating Administrators Association, an executive board member of the National Association of State Boating Law Administrators, and a member of National Association of Boating Accident Investigation Committee.
Mr. Messmann explained S.B. 229 was an attempt to amend existing statute (Nevada Revised Statutes (NRS) 488.215) concerning the lack of reporting boating accidents to the Nevada Department of Wildlife (NDOW). He pointed out the NDOW was required to report boating accidents occurring in Nevada to the United States Coast Guard (USCG).
Mr. Messmann asserted the main objective of a boating accident reporting system was to identify and, subsequently, correct the cause of each accident. He pointed out the current system resulted in less than 10 percent of all property damage accidents actually being reported.
For informational purposes, Mr. Messmann emphasized State Farm Insurance to be the largest recreational boat insurer in the country. He continued by explaining State Farm Insurance provided an insurance discount to customers who completed a safe boating course. However, only 5 percent of their customers actually qualified for this discount.
Mr. Messmann remarked the NDOW launched a campaign in 1989 to educate and notify the boating public about the importance of reporting boating accidents. He clarified the NDOW required the submittal of an accident report if the boating accident resulted in: 1) a fatality; 2) injury to an individual (requiring more than first aid); and/or 3) $200 or more of property damage.
Mr. Messmann said a study had been conducted in September, 1991, indicating 48 out of 67 nationally recognized boating safety experts recommended that insurance carriers be required to ensure boating accident reports had been submitted prior to paying a damage claim.
Mr. Messmann commented the Western States Boating Administrators Association and the insurance industry support the intent of S.B. 229. He concluded his comments by saying insurance providers felt safe boating was in the best interests of their policy holders and would result in a long-term reduction in claims costs.
Senator Adler said he was concerned about an individual who, due to a boating accident, could be lying unconscious in a hospital. He explained the amended language contained in section 1, subsection 3 of S.B. 229 would give an insurer the right to withhold insurance payments until the operator of the boat filed a NDOW boating accident report. Mr. Messmann assured Senator Adler by explaining NDOW investigators were only a phone call away. He stressed wildlife investigators were required to thoroughly examine serious injury boating accidents.
Considerable discussion ensued regarding the merit of the amended language contained in section 1, subsection 3 of the bill. Chairman Smith invited James L. Wadhams, Lobbyist, American Insurance Association, to present additional testimony on S.B. 229.
Mr. Wadhams introduced himself to members of the committee and explained the segment of the insurance industry he represents conceptually supports S.B. 229. He shared the same concerns Senator Adler voiced earlier and pointed out language contained in lines 17 and 18 of the bill were permissive. Mr. Wadhams said the amended language presented a difficult situation for both the insurer and the insured. He stated this type of permissive language could lead to a situation where individuals may file claims of bad faith against insurance companies for refusal to pay.
Mr. Wadhams remarked the insurance industry supports the concept of the amended language, but recommended S.B. 229 be refined. He concluded his testimony by offering to work with the NDOW to develop improved language.
Chairman Smith closed the hearing on S.B. 229 and informed those in attendance the bill would be rescheduled. He invited Mr. Wadhams and Mr. Messmann to present an improved amendment to the Senate Committee on Natural Resources at that time.
Chairman Smith opened the hearing on S.B. 117.
SENATE BILL 117: Makes various changes to provisions governing revocation or suspension of licenses and permits issued for hunting, fishing or trapping wildlife.
ASSEMBLY BILL 57:Clarifies procedure for obtaining involuntary samples of blood from certain persons suspected of driving under influence of controlled substance or alcohol.
Chairman Smith asked Mr. Messmann to speak to the committee about a proposed amendment to S.B. 117 which incorporated language from Assembly Bill (A.B.) 57 (Exhibit C).
Mr. Messmann clarified whenever changes in statute were proposed concerning traffic laws (specific to driving while under the influence [DUI]), corresponding changes to boating laws are proposed (specific to operating while under the influence [OUI]). He explained the basis for keeping similar laws in statute was to enable any peace officer to knowledgeably enforce traffic and boating laws.
Mr. Messmann stated A.B. 57 had been amended by the Assembly Committee on Judiciary, and called committee members' attention to Exhibit D. He said the language contained in the proposed amendment to S.B. 117 incorporated the new language contained in A.B. 57.
Senator Neal mentioned S.B. 117 had been passed out of the Senate Committee on Natural Resources at an earlier hearing. Chairman Smith clarified a motion had been made at the February 26, 1993 hearing, to amend and do pass S.B. 117 as amended. However, the bill had not been submitted to the senate front desk staff due to the fact Chairman Smith had not yet received the amendment.
Senator Neal asked Chairman Smith if he would accept a motion to rescind the Senate Committee on Natural Resources' previous motion to amend and do pass S.B. 117 as amended. Chairman Smith commented he would not object to such a motion and called for action on S.B. 117.
SENATOR NEAL MOVED TO RESCIND THE PREVIOUS ACTION TAKEN ON S.B. 117.
SENATOR RHOADS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR TITUS WAS ABSENT FOR THE VOTE. SENATOR ADLER VOTED NO.)
* * * * *
Chairman Smith opened the hearing on S.B. 230.
SENATE BILL 230: Directs state engineer to establish program that credits water rights to public water systems for adding certain customers.
John M. Collins, Chief Sanitary Engineer, Washoe County, introduced himself to members of the committee. He gave committee members background information on the reasoning for language contained in S.B. 230. In short, he explained Washoe County had fulfilled its permitted 1,100 water connections in unincorporated areas of the county. Mr. Collins commented Washoe County was seeking legislative approval to receive a credit when certain residents voluntarily elected to connect to the public water system. He clarified the credit would substitute for the need to obtain a water right. He explained Washoe County was faced with a unique situation where it operated a public water system in a basin where no additional water rights were available.
Mr. Collins reiterated the public water system has a permit allowing only 1,100 connections, so Washoe County had actually turned away residents requesting the ability to connect to the water system. He said a few residents in the Lemmon Valley area were having problems with their domestic wells (i.e., the water level had dropped). Without the option of connecting to the public water system, these individuals were faced with the prospect of spending several thousand dollars to redrill their domestic wells.
Mr. Collins emphasized Washoe County is physically capable of connecting additional customers to the public water system, but must adhere to a permit specifying that only 1,100 customers be connected. He testified S.B. 230 would enable the State Engineer to issue a water right credit to Washoe County whenever a customer voluntarily chooses to abandon their domestic well to connect to the public water system. Mr. Collins admitted that the average cost of connecting to the water system is approxi-mately $3,400.
Mr. Collins explained it makes sense to give residents in the unincorporated areas of Washoe County the option to connect to a public water system. He continued by saying the water table in some of these areas is dropping, in addition to the fact the quality of the well water is worsening.
Senator Neal inquired if the existing definition of "domestic well" had been amended by S.B. 230. Chairman Smith invited R. Michael Turnipseed, Professional Engineer (P.E.), State Engineer, Division of Water Resources, Department of Conservation and Natural Resources, to present additional testimony on the bill.
Mr. Turnipseed introduced himself and responded to Senator Neal's earlier question by stating the definition of "domestic well" had not been changed.
Senator James questioned existing language in section 1, subsection 2(a) and 2(b). Mr. Turnipseed offered to amend subsection 2(b) by including language which would prevent the owner of an undeveloped lot from having to drill a well in order to connect to the public water system.
Senator Neal said he did not believe an amendment to S.B. 230 would be necessary due to the fact section 1, subsection 2(b)(1) states that a written agreement with the public water system would allow the owner of the lot to connect without drilling a domestic well. Mr. Turnipseed specified the State of Nevada would want the undeveloped lot to have some kind of covenant on the Assessor's Parcel Number (APN) preventing the utility from receiving a credit for connection when the owner drilled a domestic water well anyway.
Senator Neal said he felt existing language would allow the owner to choose whether or not to enter into an agreement with the public water system. Senator James said the language contained in section 1, subsection 2(b) should reflect the fact the subdivision was approved "for domestic wells" by a local governing body, etc. He stressed such an amendment would reduce the confusion associated with exactly when a public water system should receive a credit for connection.
Mr. Turnipseed provided members of the committee with some back-ground information on S.B. 230. During the Sixty-fifth Session, he explained an interim committee was established to study existing laws on water and wastewater.
ASSEMBLY BILL (A.B.) 168
OF THE SIXTY-SIXTH SESSION: Directs state engineer to establish a program that credits water rights to public water systems for adding certain customers.
Mr. Turnipseed testified A.B. 168 of the Sixty-sixth Session was very similar to S.B. 230, with exception to language referring to a resident who voluntarily chooses to abandon a domestic water well and connect to the public water system. He emphasized A.B. 168 of the Sixty-sixth Session never passed out of the Assembly Committee on Government Affairs.
Mr. Turnipseed said the basis for introducing S.B. 230 was due to a relatively isolated situation affecting a few basins within Nevada. Senator Hickey asked what other areas in the state were experiencing problems with domestic water wells. Mr. Turnipseed replied the problem areas were located in the East Washoe Valley, Lemmon Valley, Warms Springs Valley, and the Golden Valley. He continued by explaining Washoe County was not issuing new water well permits in the Truckee Meadows until further study was completed on the area's hydrology. He also state no new water well permits were being issued in Carson City or the Carson Valley.
Senator Hickey asked if the problem was primarily in the northern part of Nevada. Mr. Turnipseed emphasized the Division of Water Resources does not regulate the Las Vegas Valley Water District as closely as other areas within the state. He clarified this statement by pointing out the Department of Conservation and Natural Resources does not have any control over Colorado River water.
Mr. Collins assured members of the committee a wide variety of interest groups had been involved in the drafting process of S.B. 230. He recalled several instances where Lemmon Valley residents interested in connecting to the public water system had been turned away by Washoe County due to the cap on the number of connections.
Mr. Turnipseed asserted he genuinely hoped the legislature would deal with this issue in some manner, and soon. He admitted that he did not care how this was accomplished, whether by resolution or legislation. He hoped S.B. 230 would have better luck than A.B. 168 of the Sixty-sixth Session.
Chairman Smith closed the hearing on S.B. 230 and assigned the bill to a Subcommittee on Water Issues comprised of Senators Smith, James, Rhoads and Adler.
Chairman Smith drew attention to the fact he was withdrawing Senator James from the Subcommittee on Recycling Issues. As a replacement, he assigned Senator Neal to this subcommittee.
Chairman Smith pointed out Senator Leonard V. Nevin had asked for committee approval to introduce a resolution encouraging the purchase and sale of local agricultural and dairy products.
Chairman Smith called for action on the request.
SENATOR HICKEY MOVED TO DRAFT A RESOLUTION.
SENATOR NEAL SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS ADLER AND TITUS WERE ABSENT FOR THE VOTE.)
* * * * *
Chairman Smith pointed out Senator Lawrence E. Jacobsen had asked the Senate Committee on Natural Resources to request a bill be drafted dealing with fencing law changes. He continued by explaining this law proposed that livestock may be herded or grazed on the open range within 1 mile of a home or residence. Chairman Smith specified domestic animal owners would not be liable for collisions with domestic animals if fenced highway rights-of-way do not meet the standards of a legal fence, thus eliminating: 1) any duty to padlock gates within a fenced right-of-way; and/or 2) any liability for collisions with domestic animals on a fenced highway right-of-way if the animal enters the right-of-way through a cattle-guard.
SENATOR RHOADS MOVED TO DRAFT A BILL DRAFT REQUEST.
(FENCING LAW CHANGES.)
SENATOR NEAL SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS ADLER AND TITUS WERE ABSENT FOR THE VOTE.)
* * * * *
The next order of business before the committee was consideration of bill draft requests (BDRs).
BILL DRAFT REQUEST (BDR) 51-804: Prohibit advertisement of less than all offered grades of gasoline by means of price sign.
Chairman Smith called for action on BDR 51-804.
SENATOR HICKEY MOVED FOR COMMITTEE INTRODUCTION OF BDR 51-804.
SENATOR RHOADS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS ADLER AND TITUS WERE ABSENT FOR THE VOTE.)
* * * * *
BDR S-1254:Allow Colorado River Commission to issue bonds to finance purchase of distribution facility and transmission lines.
Chairman Smith drew attention to the fact the committee heard this bill draft request during the 2-week adjournment period in Las Vegas, Nevada. He stressed the bill draft request had been redrafted to reflect the bonds would be strictly revenue issue.
Chairman Smith called for action on BDR S-1254.
SENATOR HICKEY MOVED FOR COMMITTEE INTRODUCTION OF BDR S-1254.
SENATOR NEAL SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS ADLER AND TITUS WERE ABSENT FOR THE VOTE.)
* * * * *
BDR 45-731:Prohibit importation, transporting or possession of wildlife species deemed detrimental to Nevada.
Chairman Smith emphasized this bill would be assigned to the Subcommittee on Wildlife Issues.
Chairman Smith called for action on BDR 45-731.
SENATOR HICKEY MOVED FOR COMMITTEE INTRODUCTION OF BDR 45-731.
SENATOR RHOADS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS ADLER AND TITUS WERE ABSENT FOR THE VOTE.)
* * * * *
There being no further business before the Senate Committee on Natural Resources, Chairman Smith adjourned the hearing at 10:00 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
March 15, 1993
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