MINUTES OF THE

      SENATE COMMITTEE ON NATURAL RESOURCES

 

      Sixty-seventh Session

      May 6, 1993

 

 

 

The Senate Committee on Natural Resources was called to order by Chairman R. Hal Smith, at 8:40 a.m., on Thursday, May 6, 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 Mark A. James

Senator Joseph M. Neal, Jr.

Senator Thomas J. Hickey

Senator Dina Titus

Senator Ernest E. Adler

 

 

STAFF MEMBERS PRESENT:

 

Caren Jenkins, Senior Research Analyst

Caroline Allen, Committee Secretary

 

 

OTHERS PRESENT:

 

Alan H. Bunse, Field Director, National Wild Horse Association

Catherine Barcomb, Executive Director, Nevada Wild Horse Commission

Geraldine H. Olson, Director, Wild Horse Organized Assistance

Roberta Royle, Animal Protection Institute

Betty Kelly, Self Representation

Jan Rogers, President, Alliance for Animals

Mark McGuire, Executive Director, Nevada Humane Society

Grace Morell, Self Representation (Gardnerville)

Monica Pette, Self Representation

Tom Bentz, Nevada Alliance for Responsible Animal Use

Craig C. Downer, Ecologist, Self Representation

Deborah Kay Ash, Self Representation, Wild Horse Spirit

Steve Mahoney, Director, Division of Brand Inspection, Nevada          Department of Agriculture

Virgil A. Bucchianeri, District Attorney, Storey County

Rebecca Royle, Animal Protection Institute

 

 

Chairman Smith opened the hearing on Senate Bill (S.B.) 378.

 

 

SENATE BILL 378:     Increases penalty for killing wild horse.

 

 

Dina A. Titus, Senatorial District 7, introduced herself to members of the committee.    She mentioned this bill had come before the committee last session, passed out of the senate 20-1, and the objection was from Senator Getto who thought that eagles should be added to it (i.e., his conception was that eagles were as precious as wild horses).   She stated this bill was held up in the assembly and it never came out of there, further indicating there were people present who were much more qualified to testify about wild horses.   She alluded to a letter from the Humane Society of the United States sent from Sacramento and a letter written by Michael Blake with a bit of testimony, who is writer of the story, "Dances with Wolves."

She drew the committee's attention to a video tape done by Michael Blake.  

 

 

Chairman Smith thanked Senator Titus for the viewing of the tape and opened the floor for testimony from other presenters.

 

 

Alan H. Bunse, Field Director, National Wild Horse Association, introduced himself to members of the committee.   He gave his presentation from Exhibit C.  

 

 

Senator Rhoads asked why should killing a wild horse be a felony?

 

 

Mr. Bunse gave his personal views in response to this question.

 

 

Senator Adler addressed Mr. Bunse and stated he had read the bill, but there was no mandatory minimum sentencing in the bill or specified fines.   He indicated that even though they could pass the bill as written, the judge could still award probation with payment of a $250 fine, stating he just wanted to point that out.

 

 

Mr. Bunse stressed that people are just not happy with what is going on and this cannot be denied, regardless of the decision.  

 

 

Further discussion ensued.

 

Chairman Smith asked if there were other presenters?

 

 

Catherine Barcomb, Executive Director, Nevada Wild Horse Commission, introduced herself to members of the committee.   She thanked

Senator Titus and the committee for their participation.  She gave her presentation from Exhibit D.

 

 

Senator Neal asked what were her duties as Executive Director for the commission?

 

 

She stated what they do is comment on land use planning documents and all activities in the state of Nevada.

 

 

Senator Neal asked if they also supervise the wild horse fund?

 

 

Mrs. Barcomb mentioned this was the Heil Trust fund.

 

 

Senator Neal asked how much money was currently available in this fund?

 

 

Mrs. Barcomb responded $1.2 million.   She indicated they operate off of the interest of that trust.   She also stated in normal years, with the interest rate, the excess money they have in the account for that year, they give to individuals or groups like the Bureau of Land Management to help fund projects that will help wild horses within the  boundaries of Nevada.  She gave reference to water developments, fencing projects, monitoring, etc.

 

 

Senator Neal asked how many members were on her commission?

 

 

Mrs. Barcomb's response was there were five members on the commission and they are appointed by the Governor.

 

 

Further discussion ensued.    

 

 

Geraldine H. Olson, Director, Wild Horse Organized Assistance, came forward and mentioned that she would be reading part of the testimony for Dawn Lappin of Wild Horse Organized Assistance.   She informed the committee Mrs. Lappin was very ill and could not make a personal appearance.   She then alluded to Exhibit E and gave her presentation to the committee.   

 

 

Roberta Royle, Animal Protection Institute, came forward and introduced herself to the committee.   She stated she would like to add to the record a letter from the Animal Protection Institute consisting of 150,000 members.   She read the letter to the committee.

 

 

Betty Kelly, Self Representation, Wild Horse Organized Assistance, introduced herself to members of the committee.   She gave her presentation from Exhibit F.

 

 

Jan Rogers, President, Alliance for Animals, introduced herself

to members of the committee.   She gave her views on why people care about wild horses, more than any other animals and emphasized that the people of this state and this country would like to see higher penalties for the killing of wild horses.     She concluded by stating that she would urge the legislature to pass this bill and thanked the committee for introducing it.

 

 

Mark McGuire, Executive Director, Nevada Humane Society, based in northern Nevada, introduced himself to members of the committee.   He gave his testimony from Exhibit G.  

 

 

Further discussion ensued.

 

 

Grace Morell, Self Representation, Gardnerville, Nevada, introduced herself to members of the committee and announced that she would like to go on record as supporting S.B. 378.   She stated she felt it was absolutely necessary to make it a felony to kill a wild horse and that it was long overdue.   She further expounded on her views.

 

 

Monica Pette, Self Representation, came forward and introduced herself to members of the committee, indicating she did not have a formal presentation.   She alluded to a question Senator Rhoads and Senator Adler had asked.

 

 

Further discussion ensued.

 

 

Tom Bentz, Nevada Alliance for Responsible Animal Use, introduced himself to members of the committee.   He stated this group is primarily an animal welfare group.   He further stressed he was not there to speak against the killing of wild horses or in favor of killing wild horses.  He felt the main thought that should be stressed is that even though the federal government has designated wild horses in Nevada, as a national heritage and national treasure, the fact is that it is very questionable as to whether there are any wild horses in Nevada.   He further expounded on his views.

 

 

Further discussion ensued.

 

 

Craig C. Downer, Ecologist, Self Representation , introduced himself to members of the committee.  He stated he was a native Nevadan and he grew up with the wild horses.   He expounded on his views and expressed he favored passage of the felony measure before the Nevada State Legislature, and he also recommended that provisions in the bill be placed against the over fencing and restriction of wild horses.

 

 

Further discussion ensued.

 

 

Deborah Kay Ash, Self Representation, Wild Horse Spirit, introduced herself to members of the committee.   She expressed gratitude for Senator Titus being part of the senate and thanked her and her colleagues for submitting the bill.    She further stressed it to be long overdue and that this was not just a Nevada issue, as evidenced by Michael Blake presenting his testimony on film.  She stated the entire country is concerned about this and further emphasized this legislation is critical.   She indicated that people do take a felony charge more serious than a misdemeanor and further expounded on her views.

 

 

Chairman Smith recalled Mr. Bunse and Mrs. Barcomb.

 

 

Chairman Smith closed the hearing on Senate Bill 378.

 

 

Chairman Smith opened the hearing on Assembly Bill (A.B.) 291.

 

 

ASSEMBLY BILL 291:    Increases cooperative agreements between state                        department of agriculture and local governments                        regarding placement or disposition of estrays.

 

 

Steve Mahoney, Director, Division of Brand Inspection, Nevada Department of Agriculture introduced himself to members of the committee.   He stated this bill was introduced by Assemblyman Dini as a result of a request from Storey County.  He stated there was a situation in Storey County where the sheriff considered that some feral horses in the Virginia City town limits were a public problem, as far as safety was concerned.   He mentioned individuals there were commissioned by the sheriff to gather the horses and wanted to enter into a contract with the Department of Agriculture as to their disposition.  Subsequently, a hearing was held and the disposition of these animals was left up to the sheriff and the Nevada Department of

Agriculture.  He mentioned the horses were sold for cost and adopted out to individuals in the areas who were interested.   He stressed the intent of this bill is to allow the Department of Agriculture, if they wish, to enter into similar agreements with other counties.  He stated the Department of Agriculture has no objection to the bill.  He further expounded on his views.

 

 

Chairman Smith asked if there were any other people who were interested in addressing Assembly Bill 291.

 

 

Virgil A. Bucchianeri, District Attorney, Storey County, introduced himself to members of the committee.   He conveyed that he totally agreed with what Mr. Mahoney had expressed, stating this gives them a vehicle to work with the Department of Agriculture on a county level.   He expounded on his views.

 

 

Further discussion ensued.

 

 

Steve Mahoney, Craig Downer and Virgil A. Bucchianeri all returned for closing remarks.

 

 

Chairman Smith closed the hearing on A.B. 291.

 

 

Chairman Smith informed the committee there had been a "Do Pass" on A.B. 117 but he had gotten a conflict notice.   He indicated that he had taken care of the conflict.

 

 

There being no further business before the Senate Committee on Natural Resources, Chairman Smith adjourned the hearing at 10:17 a.m.

 

 

 

 

            RESPECTFULLY SUBMITTED:

 

 

 

 

 

 

 

                                    

            Caroline Allen,

            Committee Secretary

 

 

 

 

APPROVED BY:

 

 

 

 

 

 

 

                                

Senator R. Hal Smith, Chairman

 

 

 

 

 

DATE:                            

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Senate Committee on Natural Resources

May 6, 1993

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