The Senate Committee on Natural Resources was called to order by Chairman Dean A. Rhoads, at 1:55 p.m., on Monday, April 5, 1999, in Room 2144 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. All exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.

COMMITTEE MEMBERS PRESENT:

Senator Dean A. Rhoads, Chairman

Senator Lawrence E. Jacobsen, Vice Chairman

Senator Mike McGinness

Senator Raymond C. Shaffer

Senator Bob Coffin

Senator Maggie Carlton

COMMITTEE MEMBERS ABSENT:

Senator Mark A. James (Excused)

GUEST LEGISLATORS PRESENT:

Senator Jon C. Porter, Sr., Clark County Senatorial District No. 1

Senator Ann O’Connell, Clark County Senatorial District No. 5

Senator Alice Costandina (Dina) Titus, Clark County Senatorial District No. 7

STAFF MEMBERS PRESENT:

Fred Welden, Committee Policy Analyst

David Ziegler, Committee Policy Analyst

Scott Corbett, Committee Secretary

OTHERS PRESENT:

Chairman Rhoads opened the hearing on Senate Bill (S.B.) 432.

Senator Jon C. Porter, Sr., Clark County Senatorial District No. 1, stated S.B. 432 was proposed by the Southern Nevada Strategic Planning Authority.

Elizabeth N. Fretwell, Lobbyist, City of Henderson, referred to their proposed amendment (Exhibit C) that would establish a committee to study air-quality control programs. Ms. Fretwell explained whom would make up the 15 positions on the committee as well as the duties and deadlines for which the committee would be responsible.

Chairman Rhoads suggested that S.B. 432 be re-referred to the Senate Committee on Finance.

Senator Ann O’Connell, Clark County Senatorial District No. 5, stated that S.B. 211 is a bill that she will continually sponsor until it passes, and that she understands only sections 6 and 7 of the bill would be considered. Senator O’Connell also submitted a handout from a hunters group outlining why sportsmen support S.B. 211 (Exhibit D).

Chairman Rhoads stated testimony regarding S.B. 211 would continue following the work session and he opened the hearing on S.B. 330.

David S. Thain, D.V.M., Chief, Bureau of Animal Industry, Division of Agriculture, Department of Business and Industry, stated he has attempted to contact Senator James in regards to this bill because of his concerns, but has not been able to contact him. Dr. Thain suggested his proposed amendment be attached to the end of the bill, which states, "or if a public-health situation exists as determined by the state quarantine officer." Dr. Thain clarified that this language would allow the state quarantine officer to waive confidentiality if there were a public-health situation.

Senator McGinness suggested replacing "public-health situation" with "public-health emergency." Dr. Thain replied his language would leave the discretion to the state quarantine officer, but he is fine with the language change.

Senator Jacobsen asked Dr. Thain to give an example. Dr. Thain stated if a new disease like mad cow disease was to surface the state would not be able to respond unless this bill was in place.

Chairman Rhoads indicated he would hold this bill until April 7, 1999, and opened the hearing on S.B. 363.

Chairman Rhoads asked Senator Alice Costandina (Dina) Titus, Clark County Senatorial District No. 7, about the fiscal note attached to S.B. 363.

Senator Titus stated the fiscal note would be a wash because of the application fee that would be charged.

David Ziegler, Committee Policy Analyst, Research Division, Legislative Counsel Bureau, explained the contents of the proposed amendment (Exhibit E) for S.B. 363.

Senator Titus acknowledged Mr. Ziegler for the hard work he has put into the proposed amendment.

Allan Biaggi, Administrator, Division of Environmental Protection, State Department of Conservation and Natural Resources, stated his division is satisfied with the proposed amendment and will continue to work with Senator Titus and Mr. Ziegler on this issue.

Chairman Rhoads asked for a motion on S.B. 363.

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Chairman Rhoads reopened the hearing on S.B. 211.

Gerry Lent, Member, Nevada Hunters Association, spoke in support of S.B. 211 and introduced a proposed amendment (Exhibit F). Mr. Lent’s proposed amendment would delete sections 1 through 5 as well as sections 8 through 14, make various changes to sections 6 and 7, and add a new section to the bill.

Rodney Smith, Vice Chairman, Clark County Advisory Board to Manage Wildlife, Division of Wildlife, State Department of Conservation and Natural Resources, spoke in regards to the proposed amendment and the changes it will make in section 7 of S.B. 211. Mr. Smith stated that the change in section 7 will only replace the word "animal" with "canine" and alleviate any problems with the ranching and equestrian industries while still protecting the canines.

Peter Liakopoulos, Outdoor Adventures, claimed that people who listen to his radio talk show as well as read his articles in hunting magazines fully support S.B. 211.

Senator Coffin asked if the bill, as written, would legalize cock fighting. Mr. Smith stressed their intent is to only protect canines.

Senator Jacobsen asked if "canine" should be defined further because a coyote could be considered a canine. Mr. Smith stated it is their intent to protect show and work dogs. Senator McGinness said he was involved in a bill in another committee, which defined a service animal.

Daryl Capurro, Lobbyist, Concerned Citizen, responded to Senator Coffin’s comment by saying Nevada Revised Statutes (NRS) 574.050 already provides protection for other animals and section 7 of this bill just provides extra protection for dogs. Mr. Capurro stated that the program for outsourcing hunting tags in this state is so successful the program has been sold to Utah. Mr. Capurro proposed a change to the proposed amendment in section 6, subsection 1 to read, "Before tags are issued for a special season to applicants for those tags, the division shall contract with a private entity to conduct a drawing to award and issue the tags." Mr. Capurro stated this would complete the process of running the draw, award and issuance of the tag.

Chairman Rhoads asked Mr. Lent if he was all right with the change. Mr. Lent said he saw no problem with the change.

Cecil Fredi, Member, Hunters Alert, stated that section 6 of this bill would add big game tags into the NRS and that he would appreciate the support of the committee on this bill.

Cynthia Yurek, Member, Las Vegas Bird Dog Club, urged the passage of S.B. 211 with the proposed amendment.

Pat Procell, President, Las Vegas Bird Dog Club, stated he and his club are in support of the passage of this bill.

Roger Marshall, Member, Hunters Alert, stated he supports S.B. 211.

Larry Johnson, Member, Nevada Bighorns Unlimited, went on record in support of S.B. 211 with the proposed amendment.

Ed Wagner, Nevada Wildlife Federation, submitted prepared testimony (Exhibit G) in opposition to S.B. 211, but after hearing the proposed amendment indicated they now support the bill.

Terry R. Crawforth, Administrator, Division of Wildlife, State Department of Conservation and Natural Resources, went on record in support of S.B. 211 with the proposed amendment but said he does have some concerns with section 6. Mr. Crawforth stated his agency has a concern with section 6, subsection 3, charging the private contractor with a criminal offense if the 10-day provision is not met. Mr. Crawforth clarified that he thinks paragraphs (a), (b), and (c) of section 6, subsection 5, should be removed from the bill because that language should not be in statute.

Senator McGinness asked Mr. Crawforth if paragraphs (a), (b), and (c) of section 6, subsection 5, were to be removed from the bill if that language would then be added to the administrative code or would it become regulations the commission would adopt. Mr. Crawforth stated they would, and have, adopted regulations concerning the drawing. Senator McGinness asked what effect would result in removing the language from section 6, subsection 3, "The division shall not issue a tag pursuant to the provisions of this section to a person who not has been awarded a tag in accordance with the provisions of this section."

Patty Wagner, Program Officer, Division of Wildlife, State Department of Conservation and Natural Resources, stated by removing that language the agency will be allowed to issue tags they are authorized to issue.

Chairman Rhoads asked Mr. Lent, Mr. Smith and Mr. Liakopoulos if they were agreeable to the removal of paragraphs (a), (b), and (c) of section 6, subsection 5 of S.B. 211. Mr. Lent, Mr. Smith and Mr. Liakopoulos stated they do not have a problem with those parts being deleted from the bill.

Chairman Rhoads asked for a motion on S.B. 211.

Chairman Rhoads opened the hearing on S.B. 510.

John P. Comeaux, Director, Department of Administration, stated the intent of S.B. 510 is to assist in spreading awareness for the Tahoe Regional Planning Agency (TRPA) watercraft regulations by using local law enforcement and state agencies. Mr. Comeaux pointed out that the original bill did not reflect the intent of the administration to evoke criminal citations or penalties and submitted a proposed amendment (Exhibit H) to the bill. Mr. Comeaux explained his proposed amendment would make the changes necessary for entities in Nevada to enforce the Tahoe Regional Planning Code of Ordinances pertaining to watercraft regulations.

Chairman Rhoads said, "This looks to me like a mandate from the state. Why would a game warden, a sheriff, or a peace officer from local government want to . . . arrest someone when there is no funding that goes with it." Mr. Comeaux replied that section 1, subsection 3 of his proposed amendment states an enforcing entity "may enforce," and he hopes these officers will distribute and help educate the public on the matters.

James W. Baetge, Executive Director, Tahoe Regional Planning Agency, stated they are in complete support of the bill as amended with Mr. Comeaux’s proposed amendment.

James F. Nadeau, Lobbyist, Captain, Washoe County Sheriff’s Office, testified they were in complete opposition to S.B. 510, but the proposed amendment makes them more comfortable with the TRPA regulation becoming state statute as well as being permissive. Captain Nadeau pointed out that he did not see any language in the bill showing where the funds from the citations will go, but hopes they will go to the general fund of the county doing the enforcing.

Ronald Pierini, Sheriff, Douglas County, stated that their boat needed $20,000 worth of new engines to bring it to the TRPA standards. Sheriff Pierini called attention to the fact that most of the deputies that will be enforcing the regulations outlined in S.B. 510 may not have the expertise to identify the engines that will be outside the regulations. Sheriff Pierini suggested that maybe there could be an inspection of boats prior to them going on the water.

Senator Jacobsen asked who has jurisdiction on Lake Tahoe during the Fourth of July. Captain Nadeau stated that primary jurisdiction over watercraft laws falls under the Division of Wildlife, but county authorities can enforce also. Senator Jacobsen asked if they have authority to go into another county or California. Captain Nadeau said they have agreements to go into other counties and across the state line.

Sheriff Pierini brought up the question of law enforcement or emergency boats not being able to respond to an emergency on the lake if their watercraft does not meet the TRPA standards. Captain Nadeau also stated they have a boat that does not meet the TRPA standards nor does their personal watercraft needed for shoreline enforcement.

Senator Jacobsen asked if the Indians (Native Americans) have been granted any immunity over the TRPA standards. Pam Drum, Ombudsman/Environmental Education Coordinator, Tahoe Regional Planning Agency, stated there is no special consideration concerning the Indian tribes.

Fred Welden, Committee Policy Analyst, Research Division, Legislative Counsel Bureau, asked Ms. Drum if California has adopted any of the TRPA’s regulations into their statutes as asked for in the proposed amendment. Ms. Drum stated that California has not taken that step, but the California Department of Boating and Waterways may be able to do this administratively through adoption of administrative rules.

Ms. Drum commented that the TRPA has discussed the issue of enforcement agencies having the expertise to distinguish engines that comply with the TRPA’s regulations, and the boating manufacturers are going to supply lists of all engines that meet the emissions standards. Ms. Drum added that the TRPA would never take action against a law enforcement agency using a watercraft with a nonconforming engine when it was taking action in an emergency situation.

Senator McGinness asked if there are exemptions for emergency vehicles, if the TRPA will allow exemptions for other situations. Ms. Drum stated that she did not think it would be a written exemption, and they would never want to prevent the fastest response in an emergency situation. Senator McGinness asked the amount of the proposed fines. Ms. Drum said that after three or four warnings under the proposed amendment a misdemeanor citation could be written.

Chairman Rhoads asked for two letters regarding S.B. 510 from the National Marine Manufacturers Association (Exhibit I) and from the TRPA (Exhibit J) be included in the record.

Wayne R. Perock, Administrator, Division of State Parks, State Department of Conservation and Natural Resources, testified that his department has been behind this bill and the ban on the watercraft with nonconforming engines to help the pollution in Lake Tahoe.

Senator Jacobsen questioned if the TRPA will be held responsible for storage costs of boats that are impounded because of nonconformance with the regulations. Mr. Baetge stated that section of the bill was removed.

Chairman Rhoads adjourned the meeting at 3:33 p.m.

RESPECTFULLY SUBMITTED:

Scott Corbett,

Committee Secretary

APPROVED BY:

Senator Dean A. Rhoads, Chairman

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