MINUTES OF THE

SENATE Committee on Natural Resources

 

Seventy-First Session

April 30, 2001

 

 

The Senate Committee on Natural Resourceswas called to order by Chairman Dean A. Rhoads, at 2:00 p.m., on Monday, April 30, 2001, in Room 2144 of the Legislative Building, Carson City, Nevada.  The meeting was video conferenced to the Grant Sawyer State 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 Dean A. Rhoads, Chairman

Senator Lawrence E. Jacobsen, Vice Chairman

Senator Mike McGinness

Senator Mark A. James

Senator Raymond C. Shaffer

Senator Bob Coffin

Senator Maggie Carlton

 

GUEST LEGISLATORS PRESENT:

 

Assemblyman Richard D. Perkins, Clark County Assembly District No. 23

 

STAFF MEMBERS PRESENT:

 

Fred W. Welden, Committee Policy Analyst

Heather Miller, Committee Secretary

 

OTHERS PRESENT:

 

Ian Massy, Concerned Citizen

Frank Beers, Concerned Citizen

Benjamin Blinn, Concerned Citizen

Raymond Bacon, Lobbyist, Nevada Manufacturers Association

Fred Messmann, Deputy Chief Game Warden; and Boating Law Administrator, Bureau of Law Enforcement, Division of Wildlife, State Department of Conservation and Natural Resources

Alan R. Coyner, Administrator, Division of Minerals, and Commission on Mineral Resources, Department of Business and Industry

Russ Fields, Lobbyist, Nevada Mining Association

 

Chairman Rhoads opened the hearing on Assembly Bill (A.B.) 632.

 

ASSEMBLY BILL 632: Prohibits operation of certain vessels unless persons less than 16 years of age are wearing personal flotation devices while vessel is under way. (BDR 43-1487)

 

Assemblyman Richard D. Perkins, Clark County Assembly District No. 23, testified in favor of A.B. 632.  He explained that students had valuable advice in helping the government find new ways to teach water safety to children.  He said it was essential to make all children, as well as adults, aware of the danger of not wearing a personal floatation device when on the water.  Assemblyman Perkins provided a booklet to Chairman Rhoads (Exhibit C) on how to get students involved with water safety.

 

Ian Massy, Concerned Citizen, Clark County, testified in support of A.B. 632 via videoconference.  A handout titled “Supplemental Information Documents” was distributed to the committee (Exhibit D), containing a list of state life jacket requirements, as well as a list of water-related death and injury statistics. 

 

Chairman Rhoads asked Mr. Massy why other states require an age limit of 12 years old or under to wear life jackets while boating, as opposed to 16 years old.  Mr. Massy replied he had chosen age 16 because of many legalities, like obtaining a driver’s license occurs at that age.  Mr. Massy said the language could be amended to say 12 years old.  Chairman Rhoads asked Mr. Massy if any regulations like these pertain to federal waters.  Mr. Massy said the federal government does have regulations, but most are created and enforced by each individual state. 

 

Senator McGinness asked Mr. Massy how an out-of-state pilot of a sea plane would find out about these regulations, should he land in a Nevada lake.  Mr. Massy responded there was no provision in the bill that addresses that situation, however, he said, a pilot should take the responsibility to learn the Nevada water regulations prior to landing. 

 

Senator Jacobsen commented the law should require an equal ratio of life jackets to passengers on all boats at all times.  Mr. Massy answered that is currently a federal regulation, but the regulation does not have any provision for the passengers to wear them while onboard.  Mr. Massy reiterated the importance of wearing these jackets in the event of something like a capsize. 

 

 Frank Beers, Concerned Citizen, Clark County, testified in favor of A.B. 632, stating many people go out boating with their jackets still in the plastic wrap and stowed away. 

 

Chairman Rhoads asked Mr. Beers if he thought the maximum age should be 12 years instead of 16 years.  Mr. Beers said age 12 was acceptable. 

 

Benjamin Blinn, Concerned Citizen, testified in support of A.B. 632, stating it is a wonderful bill for saving lives.  Mr. Blinn asked what kind of jurisdiction would exist in the waters on the native reservations in the state.  Chairman Rhoads answered the bill stated any water, so he assumed that meant the reservations as well.  Mr. Blinn suggested the committee obtain the native elders’ permission before enacting this legislation. 

 

Raymond Bacon, Lobbyist, Nevada Manufacturers Association, testified in favor of A.B. 632, informing the committee one of the largest suppliers of life preservers, named Full Throttle, has a plant in Las Vegas.

 

Fred Messmann, Deputy Chief Game Warden and Boating Law Administrator, Bureau of Law Enforcement, Division of Wildlife, State Department of Conservation and Natural Resources, testified in favor of A.B. 632 and distributed a handout for the committee (Exhibit E), which contained facts on water safety.  Mr. Messmann suggested some changes should be made to the bill and passed out a list of proposed amendments (Exhibit F).  Mr. Messmann also provided a letter written to the committee from the active chairman of the National Transportation Safety Board, Carol J. Carmody, in which she asks Chairman Rhoads to endorse A.B. 632 (Exhibit G). 

 

Chairman Rhoads closed the hearing on A.B. 632 and opened the hearing on Assembly Joint Resolution (A.J.R.) 7. 

 

ASSEMBLY JOINT RESOLUTION 7: Expresses support of Nevada Legislature for overturn of new federal regulations on surface mining. (BDR R-1287)

 

Alan R. Coyner, Administrator, Division of Minerals, and Commission on Mineral Resources, Department of Business and Industry, testified in favor of A.J.R. 7, distributing his written testimony to the committee (Exhibit H), including a letter from the governor’s office.

 

Senator Coffin asked Mr. Coyner the definition of hard-rock mining.  Mr. Coyner answered hard rock mining is a generic term, commonly referring to mining outside of coal, sand, gravel, and other construction materials.  He explained any metallic mining would qualify.  Senator Coffin and Mr. Coyner discussed metal mining. 

 

Russ Fields, Lobbyist, Nevada Mining Association, testified in support of A.J.R. 7, distributing his written testimony to the committee (Exhibit I). 

 

Chairman Rhoads asked Mr. Fields if any language in the resolution should be changed.  Mr. Fields suggested the committee could add some language that favors the suspension of the Title 43, subpart 3809 rules of the Code of Federal Regulations.

 

Chairman Rhoads closed the hearing on A.J.R. 7 and opened the work session on Assembly Bill 30.   

 

ASSEMBLY BILL 30: Revises amount of insurance coverage required for license to apply pesticides. (BDR 49-372)

 

SENATOR MCGINNESS MOVED TO DO PASS A.B. 30.

 

SENATOR JACOBSEN SECONDED THE MOTION.

 

THE MOTION CARRIED UNANIMOUSLY.

 

*****

 

Chairman Rhoads opened the work session on A.B. 301.

 

 ASSEMBLY BILL 301:  Repeals provisions relating to woolen products. (BDR 51-1144)

 

SENATOR MCGINNESS MOVED TO DO PASS A.B. 301.

 

SENATOR CARLTON SECONDED THE MOTION.

 

THE MOTION CARRIED UNANIMOUSLY. 

 

*****

 

Chairman Rhoads opened the work session on A.J.R. 6.

 

ASSEMBLY JOINT RESOLUTION 6: Urges Nevada Congressional Delegation to support release of certain property in Clark County controlled by Bureau of Land Management for development of regional shooting sports park. (BDR R-329)

 

SENATOR COFFIN MOVED TO DO PASS A.J.R. 6.

 

SENATOR CARLTON SECONDED THE MOTION.

 

THE MOTION CARRIED UNANIMOUSLY.

 

*****

 

As there was no further business, Chairman Rhoads adjourned the meeting at 2:50 p.m.

 

 

RESPECTFULLY SUBMITTED:

 

 

Heather Miller,

Committee Secretary

 

 

APPROVED BY:

 

 

 

                       

Senator Dean A. Rhoads, Chairman

 

 

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