MINUTES OF THE
SENATE COMMITTEE ON NATURAL RESOURCES
Sixty-seventh Session
June 15, 1993
The Senate Committee on Natural Resources was called to order by Chairman R. Hal Smith, at 8:58 a.m., on Tuesday, June 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
COMMITTEE MEMBERS ABSENT:
Senator Joseph M. Neal, Jr.
Senator Dina Titus
STAFF MEMBERS PRESENT:
Caren Jenkins, Senior Research Analyst
Rayanne Francis, Senate Committee Secretary
OTHERS PRESENT:
Ray Bacon, Lobbyist, Nevada Manufacturers Association
Chairman Smith opened the hearing and informed members of the committee that there were several items of business to be addressed.
BILL DRAFT REQUEST (BDR) R-2115: SJR: Oppose proposed federal energy tax.
Senator Rhoads admitted he had sponsored the drafting of this request and felt it was important to introduce this piece of legislation.
SENATOR RHOADS MOVED TO INTRODUCE BDR R-2115.
SENATOR JAMES SECONDED THE MOTION.
Senator Adler stated that he preferred to delay the vote on this BDR until additional members of the committee were present.
Chairman Smith inquired if Senators Rhoads and James were interested in withdrawing their motion to introduce BDR R-2115. Senator Rhoads and James agreed to withdraw their motions.
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ASSEMBLY BILL 122: Expands costs for which money may be expended and recovered regarding response to accident involving hazardous material.
Chairman Smith drew attention to a letter, dated June 14, 1993, from Peter D. Krueger, State Executive of the Nevada Petroleum Marketers Association (Exhibit C). Chairman Smith noted Mr. Krueger had requested that this letter become part of the permanent record regarding Assembly Bill (A.B.) 122.
SENATOR ADLER MOVED TO INCORPORATE THE LETTER FROM THE NEVADA PETROLEUM MARKETERS ASSOCIATION INTO THE PERMANENT RECORD.
SENATOR SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS HICKEY, NEAL AND TITUS WERE ABSENT FOR THE VOTE.)
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SENATE BILL 119: Allows board of wildlife commissioners to revoke licenses upon single violation of statutes or regulations.
Chairman Smith drew attention to an assembly amendment to Senate Bill (S.B.) 119 provided to members of the committee.
SENATE BILL 118: Makes various changes to provisions governing revocation or suspension of licenses issued for hunting, fishing or trapping wildlife.
Senator Rhoads informed members of the committee that he had recently received a phone call from Tom Atkinson, Chief, Law Enforcement Division, Nevada Department of Wildlife (NDOW). At that time, Mr. Atkinson had indicated that the NDOW concurred with the assembly amendments to both S.B. 118 and S.B. 119.
SENATOR ADLER MOVED TO CONCUR IN THE AMENDMENT TO S.B. 119.
SENATOR RHOADS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS HICKEY, NEAL AND TITUS WERE ABSENT FOR THE VOTE.)
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SENATE JOINT RESOLUTION 27: Proposes to amend ordinance of Nevada constitution to repeal disclaimer of interest of state in unappropriated public lands.
Chairman Smith pointed out this proposed amendment had been developed by a subcommittee he had chaired. He explained the amendment deleted language contained within Senate Joint Resolution (S.J.R.) 27 requiring congressional approval of the resolution. He mentioned there is a difference in legal opinions regarding whether Congress must ratify the action in repealing a portion of Nevada's constitution. Chairman Smith asked Senator Adler if the proposed amendment makes S.J.R. 27 more constitutional. Senator Adler responded by saying this is certainly a more direct approach to the matter. Senator Rhoads agreed and commented that the amendment makes sense to him.
SENATOR ADLER MOVED TO AMEND AND DO PASS S.J.R. 27 AS AMENDED.
SENATOR RHOADS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS HICKEY, NEAL AND TITUS WERE ABSENT FOR THE VOTE.)
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ASSEMBLY BILL 122: Expands costs for which money may be expended and recovered regarding response to accident involving hazardous material.
ASSEMBLY BILL 123: Provides for issuance of permits for transportation of radioactive waste by Nevada highway patrol division of department of motor vehicles and public safety with approval of public service commission of Nevada.
Chairman Smith pointed out A.B. 122 had been passed out of the Senate Committee on Natural Resources on June 11, 1993. However, he stressed there is a problem due to the fact he has received conflict notices on both A.B. 122 and A.B. 123. He remarked that it would be appropriate for members of the committee to rescind their previous motions and then amend the bills.
SENATOR ADLER MOVED TO RESCIND THE PREVIOUS ACTION ON A.B. 122.
SENATOR JAMES SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS HICKEY, NEAL AND TITUS WERE ABSENT FOR THE VOTE.)
Chairman Smith called for action on A.B. 122.
SENATOR ADLER MOVED TO AMEND AND DO PASS A.B. 122 AS AMENDED.
SENATOR JAMES SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS HICKEY, NEAL AND TITUS WERE ABSENT FOR THE VOTE.)
Chairman Smith explained similar action should be taken on A.B. 123.
SENATOR ADLER MOVED TO RESCIND THE PREVIOUS ACTION ON A.B. 123.
SENATOR JAMES SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS HICKEY, NEAL AND TITUS WERE ABSENT FOR THE VOTE.)
Chairman Smith called for action on A.B. 123.
SENATOR ADLER MOVED TO AMEND AND DO PASS A.B. 123 AS AMENDED.
SENATOR JAMES SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS HICKEY, NEAL AND TITUS WERE ABSENT FOR THE VOTE.)
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ASSEMBLY BILL 116: Makes various changes regarding payment by regulated facilities of certain fees regarding hazardous materials.
Chairman Smith pointed out A.B. 116 had been assigned to a subcommittee chaired by Senator Hickey. However, he hesitated to take any action on the bill until Senator Hickey was in attendance. Caren Jenkins, Senior Research Analyst, noticed that Ray Bacon, Lobbyist, Nevada Manufacturers Association, was present in the audience. Chairman Smith asked Mr. Bacon to present testimony on the amendment to A.B. 116.
Mr. Bacon introduced himself to members of the committee and said the proposed amendment addressed the Nevada Manufacturers Association's concerns. Senator Adler asked what is the purpose of the amendment. Mr. Bacon explained the main thrust of the amendment is to require that each regulated facility list its business license tax (BLT) number on all of the forms submitted to the Division of Environmental Protection (DEP) of the Nevada Department of Conservation and Natural Resources. Mr. Bacon stated this approach will allow the DEP to centralize its collection process in the future.
Chairman Smith recalled that Senator Hickey had spoken to him about this amendment and had supported its inclusion into A.B. 116.
SENATOR ADLER MOVED TO AMEND AND DO PASS A.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 303: Makes various changes relating to regulation of pesticides.
Chairman Smith asked Senator Rhoads if his concerns on this bill have been appeased. Senator Rhoads admitted he has been hesitant about taking action on S.B. 303 due to the $5,000 per day fine which can be imposed by the executive director of the Nevada State Department of Agriculture. However, he later discovered that if S.B. 303 is not passed by the 1993 legislature, the federal government could elect to fine each violator as much as $10,000 to $25,000.
SENATOR ADLER MOVED TO DO PASS S.B. 303.
SENATOR RHOADS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS HICKEY, NEAL AND TITUS WERE ABSENT FOR THE VOTE.)
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SENATE BILL 504: Allows fishing with more than one combination of hook, line and rod upon payment of fee.
Chairman Smith called for action on S.B. 504.
SENATOR RHOADS MOVED TO INDEFINITELY POSTPONE S.B. 504.
SENATOR JAMES SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS HICKEY, NEAL AND TITUS WERE ABSENT FOR THE VOTE.)
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SENATE BILL 483: Provides for arbitration of disputes involving Tahoe Regional Planning Agency.
Chairman Smith called for action on S.B. 583.
SENATOR ADLER MOVED TO INDEFINITELY POSTPONE S.B. 583.
SENATOR HICKEY SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS NEAL AND TITUS WERE ABSENT FOR THE VOTE.)
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SENATE BILL 444: Making various changes related to controlled fires.
Chairman Smith called for action on S.B. 444.
SENATOR HICKEY MOVED TO DO PASS S.B. 444.
SENATOR ADLER SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS NEAL, RHOADS AND TITUS WERE ABSENT FOR THE VOTE.)
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ASSEMBLY BILL 692: Revises membership of Colorado River commission.
Chairman Smith drew attention to the fact that he intends to cancel the upcoming hearings on A.B. 692 and reschedule it to the following week (June 22, 1993).
SENATE BILL 419: Creates advisory board on water resources of Colorado River.
Chairman Smith said he had scheduled S.B. 419 for the day's hearing in the event it was necessary to have a "vehicle" available for other purposes. He continued by saying these purposes had been addressed and withdrew S.B. 419 from further consideration.
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There being no further business before the Senate Committee on Natural Resources, Chairman Smith adjourned the hearing at 9:16 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
June 15, 1993
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