The Senate Committee on Natural Resources was called to order by Chairman Dean A. Rhoads, at 3:00 p.m., on Wednesday, April 21, 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 Mark A. James

Senator Raymond C. Shaffer

Senator Maggie Carlton

COMMITTEE MEMBERS ABSENT:

Senator Bob Coffin (Excused)

STAFF MEMBERS PRESENT:

Fred Welden, Committee Policy Analyst

Scott Corbett, Committee Secretary

OTHERS PRESENT:

Rob Buonamici, Deputy Chief Game Warden, Division of Wildlife, State Department of Conservation and Natural Resources, stated the purpose of this bill is to clarify the language of a person bathing in a body of water to include "wading, diving, floating or swimming."

Chairman Rhoads closed the hearing on A.B. 136 and opened the hearing on A.B. 138.

Mr. Buonamici testified that the primary change to this bill is increasing the property damage value from above $200 to above $500, for mandatory reporting.

Chairman Rhoads asked if a person involved in a watercraft accident currently has to report that accident. Mr. Buonamici replied that currently they only have to report an accident if the property damage is over $200, and A.B. 138 will increase that amount to $500.

Senator McGinness asked Mr. Buonamici about the language in the bill distinguishing between "shall investigate" and "may investigate" an accident. Mr. Buonamici replied that this language is in the measure to accommodate the situation that other law enforcement may be on the accident scene before the Division of Wildlife. Mr. Buonamici also added that many of the accidents are not life threatening and happen in very remote areas and usually are not reported until the involved parties arrive home.

Chairman Rhoads closed the hearing on A.B. 138 and opened the hearing on A.B. 202, and stated that the Nevada Department of Transportation (NDOT) and Clark County have compromised on an amendment to this bill.

Thomas J. Fronapfel, P.E., Assistant Director, Planning Division, Nevada Department of Transportation, introduced Robert J. Bryant, Deputy Attorney General, Transportation/Public Safety Division, Office of the Attorney General, and commented that he would answer any legal questions. Mr. Fronapfel stated that an amendment (Exhibit C) was proposed with Clark County, and both parties have agreed to the amendment.

Chairman Rhoads asked Mr. Fronapfel why this bill was amended. Mr. Fronapfel commented that this bill was originally proposed by NDOT because of problems NDOT was having with surveying and replacing monuments that had been destroyed in original placements. Mr. Fronapfel added that this would allow NDOT some leeway in replacing monuments while keeping public safety and traffic control problems on the roadways.

Chairman Rhoads inquired what the effect of the bill would be if it were not amended. Mr. Fronapfel commented that A.B. 202 would still be acceptable to NDOT, and this amendment is in response to Clark County’s concerns.

Senator Jacobsen asked if the law specifies any size or specific requirements to the monuments. Mr. Fronapfel replied that there are certain requirements for different types of monuments.

Senator McGinness asked about the language in the bill that states "As required by local ordinance." Mr. Fronapfel replied that provision is part of the agreement that was reached with Clark County. Senator McGinness queried how construction would be handled between two counties. Mr. Fronapfel stated they then would operate under the provision of chapter 625 and chapter 329 of the Nevada Revised Statutes (NRS).

Brett N. Lane, Survey Manager, Department of Public Works, Clark County, spoke from prepared testimony (Exhibit D) commenting that they were concerned with the non-amended version affecting the existing local government ordinances. Mr. Lane added that the amendment would close a possible loophole for non-licensed land surveyors who could circumvent local ordinances. He said his department has agreed to work with NDOT to enforce this issue.

Bruce D. Arkell, Special Projects Coordinator, Department of Public Works, Clark County, stated they wanted to be sure their local ordinances would be followed.

Chairman Rhoads closed A.B. 202 and opened the hearing on A.B. 437.

Mr. Buonamici testified that the purpose of this bill is to allow the Division of Wildlife to recover expenses for major marine events. Mr. Buonamici gave an example of an annual event on the Colorado River that costs the division approximately $10,000 to monitor and is paid for by the taxpayers. Mr. Buonamici added that the groups responsible for these events would be paying for the costs incurred to monitor them under A.B. 437, if passed.

Senator Carlton questioned Mr. Buonamici on what would incur charges. Mr. Buonamici stated they would be charged on the actual per diem costs incurred, which would be mileage, salary, travel, etc. Senator Carlton asked if this bill would slow down any of the water events. Mr. Buonamici replied that the intent is not to discourage people to participate, but to recover some or all of the costs. Mr. Buonamici added that the cost could be negotiated, because the Division of Wildlife has to police the event, regardless. Senator Carlton questioned if this would only be for a moneymaking event, because there is a voluntary Christmas boat parade on Lake Mead and asked if this event would be affected. Mr. Buonamici stated that language could be included in the bill to address this situation, but added the division would not have a problem with a nonprofit event not being charged.

Senator Jacobsen asked if the Division of Wildlife maintained a boat at Lake Tahoe for the Fourth of July fireworks display. Mr. Buonamici replied that the Division of Wildlife maintains one boat and game warden at all times at Lake Tahoe, but adds one or two extra boats and game wardens for that event.

Senator McGinness inquired if this bill would affect fishing tournaments. Mr. Buonamici replied that no permit would be required even though more staff might be needed. Senator McGinness added that the bill states the administrator has the authority not to charge if they see fit. Mr. Buonamici asserted that this is a "may" provision and is targeted at the southern Nevada motorboat races.

Chairman Rhoads closed the hearing on A.B. 437 and opened the hearing on A.B. 438.

Mr. Buonamici stated A.B. 438 would streamline the process for tracking down the registered owner of an abandoned vessel, and then attempting to return it. Mr. Buonamici added that after this process and a 180-day waiting period the vessel would become the property of the law enforcement agency that obtained the abandoned vessel, but it would not preclude them from returning it after the 180 days have expired.

Senator Jacobsen asked what kind of procedure the Division of Wildlife follows in apprehending an intoxicated person operating a boat. Mr. Buonamici replied that they usually release the boat to a sober responsible operator in the boat, or if that is not possible they will take the boat to the nearest harbor and impound it. Senator Jacobsen asked if the intoxicated operators are cited. Mr. Buonamici stated that they will cite the operator if they are under the .10 percent legal limit and take them into custody if they are over the .10 percent legal limit.

Senator James asked why the language has been changed from "shall notify" to ". . . if the agency knows or can reasonably discover the name and address of the owner of the vessel or any person who holds a security interest in the vessel." Mr. Buonamici replied that many times the owner of a vessel needs to be traced back through a past lien holder, like a bank, but if the lien has been satisfied then the banks or other past lien holders are not cooperative in the search. Mr. Buonamici added that there are also times when an individual just cannot be found, and usually these vessels are not in good shape and are "garbage."

Chairman Rhoads asked what the division would do if they did take custody of a nice or expensive vessel and the person who owned it could not be found, but came to claim it after an extended period of time. Mr. Buonamici replied that section 1, subsection 6, states, "This subsection does not preclude the subsequent return of a vessel, or any component part thereof, by a law enforcement agency to the registered owner of the vessel upon presentation by the registered owner of satisfactory proof of ownership."

Senator James queried what would happen if the registered owner was not adequately notified and the vessel was sold, is there a right of redemption in that sale, and for how long that redemption is good. Mr. Buonamici replied that he is not sure, but stated the Division of Wildlife could probably have litigation taken against them. Senator James stated that he has some questions about this bill and would like to talk to the attorney for the Division of Wildlife in regards to A.B. 438. Mr. Buonamici pointed out that the majority of the cases that would be affected would not be any type of high-dollar vessel and are beat-up vessels that someone had abandoned because of their condition. Senator James stated Nevada needs a law that will satisfy the hard cases that could be affected.

Chairman Rhoads closed the hearing on A.B. 438, and with no further business before the committee, the meeting was adjourned at 3:38 p.m.

RESPECTFULLY SUBMITTED:

Scott Corbett,

Committee Secretary

APPROVED BY:

Senator Dean A. Rhoads, Chairman

DATE: