MINUTES OF THE

SENATE Committee on Natural Resources

 

Seventy-First Session

May 14, 2001

 

 

The Senate Committee on Natural Resourceswas called to order by Chairman Dean A. Rhoads, at 2:50 p.m., on Monday, May 14, 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 Bob Coffin

Senator Maggie Carlton

 

COMMITTEE MEMBERS ABSENT:

 

Senator Raymond C. Shaffer (Excused)

 

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

James F. Nadeau, Lobbyist, Nevada Sheriff’s and Chief’s Association, and Washoe County Sheriff’s Office

Thomas M. Lindley, Lobbyist, American Mounted Police Association, and Nevada Horse Alliance

Chairman Rhoads opened the work session 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)

 

Nile D. Carson, Jr., Lobbyist, Reno Police Department, testified on an amendment he proposed for A.B. 419, which was articulated in a handout (Exhibit C) distributed to the committee by Fred W. Welden, Committee Policy Analyst.  He said he would be glad to work with the Legislative Counsel Bureau (LCB) on language that would give reimbursement to sheriffs who run background checks, which cost $75 to $100, of their own money.  Mr. Carson stated Susan Asher (Executive Director, Nevada Humane Society) thought the submitting agency should bear that cost. 

 

Senator McGinness asked from where the reimbursement would originate.  Mr. Carson replied the submitting agency should shoulder the cost for a sheriff.  Senator McGinness asked if Ms. Asher agreed with that.  Mr. Carson said she did, but he understood that his testimony was hearsay since she was not present. 

 

James F. Nadeau, Lobbyist, Nevada Sheriffs and Chiefs Association, and Washoe County Sheriff’s Office, testified the $100 background check is not the same as those conducted on peace officers, which costs more and takes time.  He said the money would not allow for a complete background check, but it would check the primary place like the Federal Bureau of Investigation (FBI) records for arrests, convictions, and wanted persons. 

 

Assemblyman Donald (Don) G. Gustavson, Washoe County Assembly District No. 32, testified he supported the amendments proposed, as long as some type of background check was performed. 

 

Chairman Rhoads asked Mr. Carson if he would work with Mr. Welden and Assemblyman Gustavson on some new language for A.B. 419.  Mr. Carson affirmed he would.

 

SENATOR JACOBSEN MOVED TO AMEND AND DO PASS A.B. 419.

 

SENATOR MCGINNESS SECONDED THE MOTION.

THE MOTION CARRIED.  (SENATORS COFFIN AND SHAFFER WERE ABSENT FOR THE VOTE.)

 

*****

 

Chairman Rhoads opened the work session on A.B. 463.

 

ASSEMBLY BILL 463:  Revises provisions governing use of certain animals. (BDR 15-809)

 

Senator McGinness asked if Mr. Nadeau had checked on the language regarding the endangerment of the public by a mounted officer. 

 

Mr. Nadeau answered he had checked with the legal counsel and suggested some language be added to A.B. 463.  He said on page 1, line 14, a sentence should be added stating, “This provision does not provide for immunity from liability for negligent conduct.”  He said this immunity under this statute is from the misdemeanor criminal aspect, but would not provide protection for reckless conduct. 

 

Senator Coffin asked what happened in those accidental circumstances.  Chairman Rhoads answered the rider would have to be negligent to be liable.  Mr. Nadeau added the existing language has been in place for many years, and it states some kind of intention act to harm another individual must be shown.  He said a spooked horse does not qualify as reckless conduct.  Mr. Nadeau said this legislation would help mounted officers perform their duties in emergencies.  He said it would not create any additional burden or duty to these officers. 

 

Senator Carlton asked how a mounted officer could be cited for anything while he was fulfilling his duty, like pursuing a suspect.  She said it should already be covered under the pursuit clauses.  Mr. Nadeau answered that officers in a vehicle are covered by those clauses, but the horse issue is vague and they may not have that exemption at present. 

 

Senator Jacobsen asked what kind of authority the mounted officer had on his own.  Thomas M. Lindley, Lobbyist, American Mounted Police Association, and Nevada Horse Alliance, answered the officer had discretion on what would and would not be safe while on horseback.  Senator Jacobsen asked what kinds of problems a mounted officer might face.  Mr. Lindley replied the biggest problem to date was when a car struck a mounted officer on the street in Las Vegas last year.  He explained the rider was found at fault since the horse was not on the sidewalk. 

 

Chairman Rhoads asked Mr. Welden to read the added amendment aloud for the committee.  Mr. Welden complied.  Chairman Rhoads asked the parties present if the addition was acceptable.  All concerned parties affirmed it was. 

 

SENATOR JAMES MOVED TO AMEND AND DO PASS A.B. 463.

 

SENATOR MCGINNESS SECONDED THE MOTION.

 

THE MOTION CARRIED.  (SENATOR SHAFFER WAS ABSENT FOR THE VOTE.)

 

*****

 

Chairman Rhoads opened the work session on A.B. 629. 

 

ASSEMBLY BILL 629:  Clarifies standards for regulating petroleum products used in internal combustion engines. (BDR 51-543)

 

SENATOR JAMES MOVED TO DO PASS A.B. 629.

 

SENATOR JACOBSEN SECONDED THE MOTION. 

 

THE MOTION CARRIED.  (SENATOR SHAFFER WAS ABSENT FOR THE VOTE.)

 

*****

 

Chairman Rhoads said he would put A.B. 29 on the next work session. 

 

ASSEMBLY BILL 29:  Requires director of state department of conservation and natural resources to conduct independent investigation before making certain determinations concerning control of water pollution under certain circumstances. (BDR 40-21)

 

Juanita Cox, Lobbyist, People to Protect America, who did not attend the meeting, submitted her written testimony (Exhibit D), which opposed A.B. 419, to the committee secretary after the conclusion of the work session.

 

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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