MINUTES OF THE
SENATE COMMITTEE ON NATURAL RESOURCES
Sixty-seventh Session
April 14, 1993
The Senate Committee on Natural Resources was called to order by Chairman R. Hal Smith, at 8:40 a.m., on Wednesday, April 14, 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 Dina Titus
COMMITTEE MEMBERS ABSENT:
Senator Joseph M. Neal, Jr.
STAFF MEMBERS PRESENT:
Caren Jenkins, Senior Research Analyst
Rayanne Francis, Senate Committee Secretary
OTHERS PRESENT:
Janice A. Wright, Deputy Executive Director, Nevada Department
of Taxation
Virginia Valentine, General Manager, Clark County Regional Flood
Control District
Tom Atkinson, Chief, Law Enforcement Division, Nevada Department
of Wildlife
Chairman Smith opened the hearing on Senate Bill (S.B.) 364.
SENATE BILL 364: Facilitates accounting for fee on diesel fuel and heating oil used to clean up discharges.
Janice A. Wright, Deputy Executive Director, Nevada Department of Taxation, introduced herself to members of the committee. She pointed out the Nevada Department of Taxation had originally requested that S.B. 364 be drafted due to the fact it was difficult for the department to process refunds. She continued by explaining refunds were processed to reimburse taxpayers who had overpaid an importation fee for fuel, diesel, and/or heating oil.
Ms. Wright commented these fees were deposited into a fund which was controlled by the Department of Conservation and Natural Resources, Division of Environmental Protection (DEP). This fact made the refund process extremely cumbersome and delayed the refunds for such a long period of time that the Department of Taxation was receiving complaints.
Ms. Wright called attention to the fact that speeding up the process of refunds would cause the DEP to lose 2, or more, days of interest on the monies in the fund. She stressed this interest would be returned to the General Fund, rather than credited to the DEP's individual account. In an effort to clear up this matter, Ms. Wright explained the Department of Taxation had contacted the treasurer of Nevada. She explained the treasurer's office had advised that a paragraph be amended into statute which would specify that interest be credited to the DEP's fund. Unfortunately, this concept was short-lived because the treasurer of Nevada did not want to establish an additional account.
Ms. Wright requested that members of the Senate Committee on Natural Resources remove S.B. 364 from further consideration. She concluded her comments by assuring members of the committee that the affected agencies were attempting to rectify this situation in some other fashion.
Chairman Smith called for action on S.B. 364.
SENATOR RHOADS MOVED TO INDEFINITELY POSTPONE S.B. 364.
SENATOR ADLER SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS NEAL, TITUS AND JAMES WERE ABSENT FOR THE VOTE.)
* * * * *
Chairman Smith opened the hearing on S.B. 363.
SENATE BILL 363: Revises requirements for approval by board of directors of district for control of floods of certain projects, improvements and proposals relating to control of floods.
Virginia Valentine, General Manager, Clark County Regional Flood Control District, introduced herself to members of the committee. Ms. Valentine's testimony is contained in Exhibit C.
Chairman Smith asked who was the bond counsel for the Clark County Regional Flood Control District. Ms. Valentine replied that John Swendseid was the district's bond counsel.
Chairman Smith closed the hearing on S.B. 363 and explained he had reservations about taking action on the bill until he had an opportunity to discuss this matter with Mr. Swendseid.
Chairman Smith opened the hearing on S.B. 341.
SENATE BILL 341: Makes various changes in statutes relating to watercraft.
Tom Atkinson, Chief, Law Enforcement Division, Nevada Department of Wildlife (NDOW), introduced himself to members of the committee and mentioned the NDOW supported passage of S.B. 341. Mr. Atkinson proceeded to review the amended language contained within the bill.
Mr. Atkinson pointed out the change (from $300 to $1,000), in section 7 of S.B. 341, was done at the request of the Southern Nevada Marine Retailers Association. He commented the NDOW had been unsuccessful in obtaining the association's concurrence the week prior to the hearing. Mr. Atkinson said the NDOW did not have any problem with changing the language back to $300.
Considerable discussion ensued concerning the NDOW's authority with regard to abandoned watercraft. Senator Hickey asked who would have primary jurisdiction over a sunken vessel. Mr. Atkinson explained the NDOW would have primary jurisdiction if an accident had taken place causing the boat to sink, or if the vessel was interfering with navigation in a waterway. He continued by saying, in any case, a commercial salvage company would be asked to raise and remove the vessel. Mr. Atkinson commented the commercial salvager had the legal option to place a lien on the vessel for the cost of recovering the vessel.
Senator Rhoads asked why S.B. 341 had a fiscal effect on local government. Mr. Atkinson replied by pointing out there would be fiscal impact on local government in the case of a county sheriff's office which incurred expenses for the impoundment or auction of an abandoned watercraft.
Chairman Smith commented that both of the attorneys on the Senate Committee on Natural Resources (Senators Adler and James) had assured him that S.B. 341 complied with the state's lien laws.
Chairman Smith called for action on S.B. 341.
SENATOR HICKEY MOVED TO DO PASS S.B. 341.
SENATOR ADLER SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR NEAL WAS ABSENT FOR THE VOTE.)
* * * * *
There being no further business before the Senate Committee on Natural Resources, Chairman Smith adjourned the hearing at 9:04 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
April 14, 1993
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