MINUTES OF THE

SENATE Committee on Human Resources and Facilities

 

Seventy-First Session

April 6, 2001

 

 

The Senate Committee on Human Resources and Facilitieswas called to order by Acting Chairman Valerie Wiener, at 12:15 p.m., on Friday, April 6, 2001, in Room 2135 of the Legislative Building, Carson City, Nevada.  The meeting was video conferenced to the Grant Sawyer Office Building, Room 4401, Las Vegas, 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 Randolph J. Townsend

Senator Mark Amodei

Senator Bernice Mathews

Senator Michael Schneider

Senator Valerie Wiener

 

COMMITTEE MEMBERS ABSENT:

 

Senator Raymond D. Rawson, Chairman (Excused)

Senator Maurice Washington, Vice Chairman (Excused)

 

GUEST LEGISLATORS PRESENT:

 

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

Senator Lawrence E. Jacobsen, Western Nevada Senatorial District

Assemblyman Greg Brower, Parts of Carson City and Washoe County Assembly             District No. 37

 

STAFF MEMBERS PRESENT:

 

H. Pepper Sturm, Committee Policy Analyst

Cynthia Cook, Committee Secretary

 

OTHERS PRESENT:

 

Ashley Hall, Lobbyist, Nevada Recyclers Association

Rob Dorinson, Nevada Recyclers Association

Carl R. Cahill, Division Director, Environmental Health Services Division, District Health Department, Washoe County

Glen Savage, Environmental Health Supervisor, Clark County Health District

John Pappageorge, Lobbyist, Republic Industries Incorporated

Verne Rosse, Deputy Administrator, Corrective Actions, Federal Facilities and Waste Management Programs, Division of Environmental Protection, State Department of Conservation and Natural Resources

Joseph L. Johnson, Lobbyist, Toiyabe Chapter, Sierra Club

Mary C. Walker, Lobbyist, North Lake Tahoe Fire Protection District, and City of Carson City

Jim Linardos, Fire Chief, North Lake Tahoe Fire Protection District

Claudette Springmeyer, Comptroller, Douglas County

Birgit K. Baker, Administrator, Employment Security Division, Department of Employment, Training and Rehabilitation

Steve Kastens, Director, Parks and Recreation, Carson City

Scott Morgan, Community Services Director, Douglas County

Karen Mullen, Director, Parks and Recreation Department, Washoe County

Robert S. Hadfield, Lobbyist, Nevada Association of Counties

Wayne E. Carlson, Lobbyist, Director, Nevada Public Agency Insurance Pool

Andrew Thomas, Nevada Trial Lawyers Association

Marilyn Brainard, Commissioner, Parks and Recreation Commission, City of Sparks

 

Acting Chairman Wiener opened the hearing on Senate Bill (S.B.) 424.

 

SENATE BILL 424:  Revises provisions concerning unlawful disposal of certain types of waste. (BDR 40-61)

 

Senator Alice Costandina (Dina) Titus, Clark County Senatorial District No. 7, testified illegal dumping of garbage and solid waste is especially bad in the Nevada desert, since the materials do not decompose.  She said S.B. 424 is aimed at putting more teeth into existing programs, and assisting local government in the pursuit of the offenders.  Senator Titus said illegal dumping often occurs late at night in order to avoid disposal fees or the time and effort required for proper disposal.  The materials attract rodents, increase fire danger, flooding, erosion, and can contaminate wells and surface waters, she said.  Senator Titus added the waste is costly to local governments, and although many volunteer groups have helped, additional legislation is necessary.          She spoke of rapid growth and the abundance of open space as causes of the expansion of illegal dumping. 

 

In answer to Senator Mathews, Senator Titus said the bill does not have a fiscal note, and since it is supported by local government, there is no unfunded mandate.

 

In answer to an inquiry by Senator Wiener, Senator Titus said section 5 of the bill, stating, “A county may authorize a nonprofit organization to . . .” was put in at the request of the counties to codify the law, and suggested amendments (Exhibit C) will change the wording from “county” to “solid waste management authority.”

 

Senator Wiener asked Senator Titus to clarify language on page 3, line 18, which states, “If the person is a business entity: (1) For a first offense within   1 year, to clean up the dump site.”  Senator Titus explained the wording “within 1 year” would be eliminated via Exhibit C.

 

Senator Wiener said she would like to know if there were priorities in the order of rewards mentioned on page 5, line 10, which gives payment for monies collected under the bill.  Senator Titus said the rewards were of equal importance.

 

Ashley Hall, Lobbyist, Nevada Recyclers Association, testified in support of   S.B. 424.  He requested clarification of language on page 3, lines 6 to 8, which specifies the guilt of a person dumping waste on various public properties, but makes no mention of illegal dumping on private property.  Senator Wiener explained the only change proposed by the language is deleting “garbage” and inserting “solid waste,” and she emphasized under existing law it is illegal to dump on private property.  Senator Wiener requested Mr. Hall to send his suggested change on page 3, line 36, which would insert after “or,” “transport to a material recovery facility or recycling center,” and dovetail with the rest of the sentence, ”until it is disposed of at a municipal disposal site.”

 

Rob Dorinson, Nevada Recyclers Association, testified those involved have a common interest to preserve our environment.  He said the emphasis should be on materials management as opposed to waste management and would like to promote more options for recycling by offering incentives to businesses.       Mr. Dorinson said he supports S.B. 424.

Carl R. Cahill, Division Director, Environmental Health Services Division, District Health Department, Washoe County, stated the division has been actively enforcing the waste management laws of Nevada, and has been taking offenders to court, and language in the bill will help facilitate those actions.    Mr. Cahill reviewed the proposed amendments (Exhibit C) put forward by the division, and the Clark County Health District.

 

Glen Savage, Environmental Health Supervisor, Clark County Health District, reported the following statistics concerning illegal dumping in Clark County: total number of illegal dumping complaints last 5 years, 2,244; year 2001 projected complaints, 744; number of cases submitted to prosecutors in the last 5 years, 513; “pending” cases accepted by prosecutors, 124; cases successfully prosecuted in the last 5 years, 239; cases under investigation, 400; and average length for cases to be accepted and prosecuted, 150 days.

 

John Pappageorge, Lobbyist, Republic Industries Incorporated stated his support of S.B. 424 and requested a copy of the proposed amendment to be submitted by Mr. Hall. 

 

Verne Rosse, Deputy Administrator, Corrective Actions, Federal Facilities and Waste Management Programs, Division of Environmental Protection, State Department of Conservation and Natural Resources, said he reviewed the proposed amendments by Mr. Cahill, and the division supports them.  Mr. Rosse affirmed the division presently has the authority to issue subpoenas, and the recommendations put forward by Mr. Savage are acceptable.

 

Joseph L. Johnson, Lobbyist, Toiyabe Chapter, Sierra Club, stated the club supports the bill, and the proposed amendments.  He added the members are always willing to participate as volunteers.

 

Acting Chairman Wiener closed the hearing on Senate Bill 424 and opened the hearing on Assembly Bill (A.B.) 252.

 

ASSEMBLY BILL 252:  Revises provisions governing certain county fire protection districts. (BDR 42-995)

 

Senator Lawrence E. Jacobsen, Western Nevada Senatorial District, reported A.B. 252 was developed in order to allow fire protection districts to conduct their own business and pay their own bills, with some oversight.

Mary C. Walker, Lobbyist, North Lake Tahoe Fire Protection District, and City of Carson City, reviewed for the committee the items the bill will permit.  The county treasurers will be allowed to pay the bills for the district, the bond limitation will be deleted, and the limitation for the district emergency fund will be increased to $250,000, she said.  Ms. Walker stated all of the counties affected are in agreement with the changes.

 

In answer to Senator Wiener, Ms. Walker said if the emergency fund were to exceed $250,000, the interest would be credited to the district fire protection operating fund.

 

James Linardos, Fire Chief, North Lake Tahoe Fire Protection District, told of discussions with other affected fire districts, and their support for A.B. 252.

 

Claudette Springmeyer, Comptroller, Douglas County, said Douglas County requested the increase in the emergency fund.  She expressed that last year the county got to the limit, and the district attorney indicated there is no provision in statute for the interest.  She said the fire districts do not want the accrued interest to go into the general fund, and it is prudent to have up to $250,000 set aside because of the cost of fire fighting today.

 

Assemblyman Greg Brower, Parts of Carson City and Washoe Counties Assembly District No. 37, explained all the people here today have articulated the relevant points of the bill.

 

Senator Jacobsen commented firefighters in the rural areas are primarily volunteers, and often respond to surrounding areas when required.

 

Acting Chairman Wiener closed the hearing on A.B. 252, and opened the hearing on  S.B. 502.

 

SENATE BILL 502:  Eliminates state job training office. (BDR 33-1314)

 

Birgit K. Baker, Administrator, Employment Security Division, Department of Employment, Training and Rehabilitation, summarized S.B. 502.  Mr. Baker read a document titled, “Department of Employment and Training and Rehabilitation S.B. 502 Testimony” (Exhibit D).

 

In answer to Senator Wiener, Ms. Baker said this bill will eliminate one budget account in the executive budget by rolling it into the Employment Security Division, and combining all the resources into one unit will improve customer services.

 

Ms. Baker reassured Senator Mathews no employee would be terminated.      She explained funding for one position is scheduled to end in 2003, but the position has been left vacant and the duties have been absorbed elsewhere.

 

Acting Chairman Wiener closed the hearing on S.B. 502 and opened the hearing on S.B. 482.

 

SENATE BILL 482:  Establishes prohibited and required conduct of person who uses skateboard park and limits liability of skateboard park operator. (BDR 40-415)

 

Steve Kastens, Director, Parks and Recreation, Carson City, said the first skateboard park in Nevada was built in Carson City in 1997.  He reported since that time, several others have been constructed, and they are unique because the only controls are signs posted with the “dos and don’ts” and the hours.     He said the parks are free to the public with little adult supervision, which the users like, and there have been few incidents in Carson City.

 

Mr. Kastens explained there have been many inquiries from other cities requesting information concerning the liability attached to skate parks.  He said Carson City belongs to the Nevada Insurance Pool, and followed their advice on construction and safety.  He said S.B. 482 will help to address the liability issue, and other communities may construct parks upon passage.

 

Senator Wiener questioned Mr. Kastens about immunity.  She asked if the public were being protected, and how standards and protections being built into the design so there are no negligence issues.

 

Mr. Kastens answered Carson City relied on their insurance pool, which did research throughout other states to find out what types of limitations were to be used.  He said Carson City probably had the most restrictive standards applied, being the first in the state, and since then the pool has allowed a little more leniency in some areas. 

 

Scott Morgan, Community Services Director, Douglas County, responded to Senator Wiener the reason “bicycle” is included in the definitions is, in Douglas County, the park also has a bicycle element on the dirt next to the park.         He said the parks are defined as adventure facilities, and while some allow bicycles on the concrete, Douglas County does not.  He said scooters, roller skates, and skateboards are allowed on the concrete.

 

Mr. Morgan told Senator Wiener he will provide the committee with signage language that the facility has posted, including such information as “You are entering at your own risk,” and “Helmets are required.”

 

Karen Mullen, Director, Parks and Recreation Department, Washoe County related skateboard parks are the number one request in Washoe County.       She said after the construction of the park in Sun Valley, the crime rate dropped.  Ms. Mullen stated the bill mirrors the requirements of skiers in current legislation, and she would like to see definitions included in the bill stating, “a skate board is a tandem set of wheels mounted to a board”; and “a scooter is a tandem or inline set of wheels mounted to a board with a steering handle.”        Ms. Mullen would also add on page 2, line 7, “or on the surface of a skateboard park.”

 

Mr. Morgan spoke about the users of the facilities, who are often teens not involved in group sports.  He said this is one of the few positive programs to reach out to these children.

 

Ms. Walker said, these days children are involved in more high-risk activity, and skateboard parks encourage those in the safest ways possible.  She said it is not the intent of S.B 482 to eliminate the liability, but if parks are built to correct engineering standards, the participants should also accept responsibility for what they do.

 

Senator Wiener asked if there is special knowledge required by those who inspect the skateboard parks.

 

Mr. Morgan answered the inspectors have the expertise about vertical drops, heights of rails, slopes, and so on, and they also analyze, from an expert point of view, a “crash factor” from 1 to 10.  Ms. Mullen added, the engineers hired have a liability also, and support following the standards.

 

Robert S. Hadfield, Lobbyist, Nevada Association of Counties, testified the association supports the bill.

 

Wayne E. Carlson, Director, Nevada Public Agency Insurance Pool, explained the pool has worked with most of the rural counties in their efforts, and provides any entity that requests it, a package of research to help design parks appropriately.

 

Andrew Thomas, Nevada Trial Lawyers Association, requested a definition of skateboarder, roller skater, bicyclist, and scooter rider be added to the bill.      He pointed out under current law, everybody has an obligation to exercise and apply safety standards, and a lawsuit over an injury holds each party responsible for his own lack of care.  He continued, since each party is already accountable, there is no reason to make an exception for skateboards, and is opposed to section 14 of S.B. 482.

 

Senator Wiener requested Mr. Thomas provide the substitute language for the committee to consider, and he assured her he would do so.

 

Ms. Walker stated language in section 8 of the bill came from provisions in the law applying to skiers.  She added the reason is if users utilize areas outside of the park and get injured, the operators do not wish to be held liable. 

 

Mr. Carlson reiterated the parks designed have been done so by firms familiar with safety issues, and are professionals in the field.  He added extreme parks should be left to private enterprise.

 

Marilyn Brainard, Commissioner, Parks and Recreation Commission, City of Sparks, stated her support for the bill.  She said Sparks is enthusiastic in working with youths in this age group, and a large group came forward at the last meeting to show their interest.

 

 

 

 

 

 

 

 

Acting Chairman Wiener closed the hearing on S.B. 482 and adjourned the meeting at 1:36 p.m.

 

 

 

RESPECTFULLY SUBMITTED:

 

 

 

Cynthia Cook,

Committee Secretary

 

 

APPROVED BY:

 

 

 

                       

Senator Valerie Wiener, Acting Chairman

 

 

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