MINUTES OF THE

SENATE Committee on Natural Resources

 

Seventy-First Session

May 7, 2001

 

 

The Senate Committee on Natural Resourceswas called to order by Chairman Dean A. Rhoads, at 2:00 p.m., on Monday, May 7, 2001, 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 Bob Coffin

Senator Maggie Carlton

 

GUEST LEGISLATORS PRESENT:

 

Assemblyman Donald (Don) G. Gustavson, Washoe County Assembly District No. 32

 

STAFF MEMBERS PRESENT:

 

Fred W. Welden, Committee Policy Analyst

Heather Miller, Committee Secretary

 

OTHERS PRESENT:

 

Nile D. Carson, Jr., Lobbyist, Reno Police Department

Gemma Greene Waldron, Lobbyist, Deputy District Attorney, Criminal Division, Washoe County District Attorney’s Office

Marvin Wakefield, Concerned Citizen

Susan Asher, Executive Director, Nevada Humane Society

Robert Barengo, Lobbyist, Nevada Humane Society

 

Chairman Rhoads opened the hearing on Assembly Bill (A.B.) 419.

 

ASSEMBLY BILL 419:  Revises provisions governing authority of members, agents or local or district officers of certain societies for prevention of cruelty to animals to make arrests. (BDR 50-1279)

 

Assemblyman Donald (Don) G. Gustavson, Washoe County Assembly District No. 32, said present law allows any of the three aforementioned people in the bill to have the power of arrest, so long as they had permission from a district judge, and are sworn in as peace officers.  Assemblyman Gustavson said this has caused a few problems with overzealous groups that try to arrest people who are not actually neglecting or abusing their animals.  He said he had a few suggestions on how to remedy the situation.  He said he and the Reno Police Department had worked together to come up with some proposed amendments (Exhibit C), which he distributed to the committee. 

 

Nile D. Carson, Jr., Lobbyist, Reno Police Department, also testified in favor of A.B. 419, stating he had originally opposed the first draft, but it has since then been amended more to his liking.  He said anyone in Nevada who is allowed to carry a badge and the authority of enforcement should be subjected to a background investigation prior to receiving those powers of arrest.  He said the proposed amendments would require these background checks by the local sheriff’s office and which would be presented to the district judge. 

 

Senator Jacobsen asked Mr. Carson how many complaints he received within about a year’s time about this problem.  Mr. Carson answered the City of Reno was responsible for animal control, and also worked with the Nevada Humane Society.  He explained the police department did not handle complaints on animal neglect.  Senator Jacobsen voiced his concern about people being able to arrest their neighbors in rural areas for more personal reasons, like grudges.  Chairman Rhoads said he thought the proposed amendments would help stop any problems of that nature from occurring. 

 

Mr. Carson elaborated, saying these background checks will help weed out those with a tendency towards violence, or who have abused authority in the past. 

 

Senator Carlton asked Mr. Carson what kind of provisions would be set for these people when they carry firearms.  Mr. Carson answered that he did not think the Nevada Humane Society carried firearms.  He said anyone in Nevada can carry a gun, so long as it is not concealed, but as far as he knew it is not procedure for the Nevada Humane Society to carry weapons. 

 

Gemma Greene Waldron, Lobbyist, Deputy District Attorney, Criminal Division, Washoe County District Attorney’s Office, testified in support of A.B. 419 in its original draft, as well as the proposed amendments.  She confirmed the Nevada Humane Society representatives are not armed, due to liability problems.  She said they simply rescue neglected and abused animals, and also enforce the animal cruelty laws. 

 

Marvin Wakefield, Concerned Citizen, testified he had some concerns that the present draft of A.B. 419 did not address.  He said he was not comfortable with corporations like the Nevada Humane Society having police authority.  He explained he had never seen any of their representatives in a uniform, or seen one of their badges.  He said it concerned him that citizens could be arrested without recognizing the badge or identification that gives the Nevada Humane Society that right. 

 

Chairman Rhoads commented Assemblyman Gustavson might want to address Mr. Wakefield’s concerns. 

 

Susan Asher, Executive Director, Nevada Humane Society, testified in favor of A.B. 419, stating she had initially opposed it because of the expense involved in sending officers to Police Officers’ Standards and Training Commission (P.O.S.T.) school for levels of training that far exceed the needs of the Humane Society officers.  She also confirmed these officers are not armed.  She said all of the officers attend school at the University of Missouri at Columbia’s Law Enforcement Training Academy, where they are trained in protocols and conduct.  She said this legislation was important because no current agency has the manpower to fully enforce the animal cruelty laws the way that the Humane Society can.

 

Chairman Rhoads asked who was responsible for this work in southern Nevada.  Ms. Asher answered there are several, smaller organizations that focus mostly on spaying/neutering and search and rescue.  She said the Nevada Humane Society is not affiliated with any of these groups. 

 

Chairman Rhoads asked Robert Barengo, Lobbyist, Nevada Humane Society, if he had anything to add.  Mr. Barengo answered that Ms. Asher had expressed the view of the Nevada Humane Society sufficiently. 

 

Senator Jacobsen asked Ms. Asher how the Nevada Humane Society differentiated between needed enforcement and harassment.  Ms. Asher answered the officers would first investigate a site where an alleged violation was occurring.  She said their goal was education, not prosecution, so the officers inform any violators of state law, and can give financial assistance if it is needed.  She said many people move to Nevada and buy pets and livestock without learning how to properly care for them.  Ms. Asher explained the Nevada Humane Society does not want to impound the animal; it just wants to improve the animal’s health by educating the owner.  Senator Jacobsen asked how the Nevada Humane Society dealt with people who killed noxious pests and predators.  Ms. Asher answered there are laws under the Nevada Division of Wildlife (of the State Department of Conservation and Natural Resources) that deal with the disposal or handling of those animals. 

 

Mr. Barengo added this legislation would allow Assemblyman Gustavson to develop any standards that need to be addressed once A.B. 419 passes.

 

Chairman Rhoads closed the hearing on A.B. 419 and opened the work session on A.B. 200.  A list of summaries and amendments of all the work session bills (Exhibit D) was distributed to the committee by Fred W. Welden, Committee Policy Analyst.

 

ASSEMBLY BILL 200:  Revises provisions governing imposition of civil penalties and administrative fines to enforce certain provisions governing public water systems. (BDR 40-397)

 

SENATOR MCGINNESS MOVED TO DO PASS A.B. 200.

 

SENATOR JAMES SECONDED THE MOTION.

 

THE MOTION CARRIED UNANIMOUSLY.

 

*****

 

Chairman Rhoads opened the work session on A.B. 631.

 

ASSEMBLY BILL 631:  Revises provisions governing quarantines proclaimed by state quarantine officer. (BDR 49-563)

 

SENATOR MCGINNESS MOVED TO DO PASS A.B. 631. 

 

SENATOR COFFIN SECONDED THE MOTION.

 

THE MOTION CARRIED UNANIMOUSLY.

 

*****

 

Chairman Rhoads opened the work session on 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)

 

The committee decided to amend A.B. 632 to require persons less than 12 years of age to wear a personal floatation device while the vessel is under way.

 

SENATOR CARLTON MOVED TO AMEND AND DO PASS A.B. 632.

 

SENATOR MCGINNESS SECONDED THE MOTION.

 

THE MOTION CARRIED UNANIMOUSLY.

 

*****

 

Chairman Rhoads opened the meeting 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)

 

SENATOR COFFIN MOVED TO DO PASS A.J.R. 7.

 

SENATOR JACOBSEN SECONDED THE MOTION.

 

THE MOTION CARRIED UNANIMOUSLY.

 

*****

 

As there was no further business, Chairman Rhoads adjourned the meeting at 3:10 p.m.

    

 

RESPECTFULLY SUBMITTED:

 

 

 

Heather Miller,

Committee Secretary

 

 

APPROVED BY:

 

 

 

                       

Senator Dean A. Rhoads, Chairman

 

 

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