MINUTES OF THE

SENATE Committee on Natural Resources

 

Seventy-First Session

May 18, 2001

 

 

The Senate Committee on Natural Resourceswas called to order by Chairman Dean A. Rhoads, at 1:30 p.m., on Friday, May 18, 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 Raymond C. Shaffer

Senator Bob Coffin

Senator Maggie Carlton

 

COMMITTEE MEMBERS ABSENT:

 

Senator Mark A. James (Excused)

 

GUEST LEGISLATORS PRESENT:

 

Assemblyman John C. Carpenter, Elko County Assembly District No. 33

Assemblyman Bob Beers, Clark County Assembly District No. 4

 

STAFF MEMBERS PRESENT:

 

Michael Stewart, Committee Policy Analyst

Heather Miller, Committee Secretary

 

OTHERS PRESENT:

 

Peter D. Krueger, Lobbyist, Nevada Independent Emission Control Stations

Helen A. Foley, Lobbyist, Clark County Health District

Phil Rosenquist, Lobbyist, Clark County

Daryl E. Capurro, Lobbyist, Nevada Motor Transport Association

Steve Bremer, Chief of Administrative Services, Division of Wildlife, State Department of Conservation and Natural Resources

David Sanger, Biologist, Division of Wildlife, State Department of Conservation and Natural Resources

Gerald Lent, Member, Nevada Hunters Association

Frank Beers, Concerned Citizen

Fred Messmann, Boating Law Administrator, Bureau of Law Enforcement, Division of Wildlife, State Department of Conservation and Natural Resources

C. Joseph Guild III, Lobbyist, Nevada Cattlemen’s Association

Hugh Ricci, P.E., State Engineer, Division of Water Resources, State Department of Conservation and Natural Resources

Karen A. Peterson, Lobbyist, Eureka County

John Hutchings, Concerned Citizen

 

Chairman Rhoads opened the hearing on Assembly Bill (A.B.) 198.

 

ASSEMBLY BILL 198:  Revises provisions relating to expenditures for air quality. (BDR 40-176)

 

Peter D. Krueger, Lobbyist, Nevada Independent Emission Control Stations, testified he would like the committee to consider amending A.B. 198.  He distributed a handout (Exhibit C), which articulated the proposed new language.  He said it was important that smog check stations should recover some cost.  He pointed out no one had opposed these amendments. 

 

Helen A. Foley, Lobbyist, Clark County Health District, and Chairman Rhoads discussed whether there was any conflict with A.B. 198 and any past legislation.  Ms. Foley stated there was not a conflict.  Ms. Foley also voiced support for Mr. Krueger’s amendments. 

 

Chairman Rhoads asked if Clark County supported the proposed amendments.  Phil Rosenquist, Lobbyist, Clark County, affirmed Clark County supported Mr. Krueger’s amendments as well. 

 

Senator Carlton asked to what the 2 percent fee mentioned in the bill would amount.  Mr. Krueger answered it would be 2 percent of $6 from the smog check fee.  Senator Carlton asked Ms. Foley if off-road vehicle fees had been discussed in the Assembly.  Ms. Foley replied the Assembly had discussed that subject at length.  Ms. Foley explained the Assembly had decided not to include the off-road vehicles in these fees due to questions of constitutionality. 

 

Senator McGinness asked Mr. Krueger how 2 percent of $6 had been decided upon.  Mr. Krueger replied the costs of the electronic data transmission fee are the most expensive element, which is now paid for out of the labor rate.  He explained the 2 percent would cover the transmission fee by placing it as a line item on the Customer’s Evidence of Compliance form. 

 

Daryl E. Capurro, Lobbyist, Nevada Motor Transport Association, testified in support of A.B. 198 and the amendments proposed by Mr. Krueger. 

 

Chairman Rhoads closed the hearing on A.B. 198 and asked for a motion. 

 

SENATOR JACOBSEN MOVED TO AMEND AND DO PASS A.B. 198.

 

SENATOR CARLTON SECONDED THE MOTION.

 

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

 

*****

 

Chairman Rhoads opened the hearing on A.B. 199.

 

ASSEMBLY BILL 199:  Revises provisions governing certain accounts, licenses and stamps administered by division of wildlife of state department of conservation and natural resources. (BDR 45-529)

 

Steve Bremer, Chief of Administrative Services, Division of Wildlife, State Department of Conservation and Natural Resources, also testified in support of A.B. 199, stating it would increase the amount of petty cash and change fund amounts, and would also allow the Board of Wildlife Commissioners to establish regulations for issuance of duplicate licenses.  He said it would set the price of the trout stamp at a fee of $10, establish the trout stamp account for all the interest from the income earned from the sales of the stamps, and direct the agency on what it can use the money for in the trout management account. 

 

Chairman Rhoads asked if these new fees are in the state budget.  Mr. Bremer responded they are not.  Chairman Rhoads asked what kind of revenue these fee increases would generate.  Mr. Bremer answered the $5 increase will generate approximately $400,000 in additional revenue.  Chairman Rhoads asked if the budget would reopen if A.B. 199 passed.  Mr. Bremer answered either that would happen, or there would be a work program. 

 

David Sanger, Biologist, Division of Wildlife, State Department of Conservation and Natural Resources, presented a Microsoft PowerPoint presentation on the hatchery conditions, and how the fee increase would aid in refurbishing them.  Mr. Sanger provided a copy of the presentation (Exhibit D.  Original is on file in the Research Library.) for the committee.

 

Chairman Rhoads asked if the Governor had approved these fee increases.  Mr. Bremer answered affirmatively, and added this increase came through the governor’s office through the Department of Administration. 

 

Gerald Lent, Member, Nevada Hunters’ Association, testified he had a concern about A.B. 199, stating the petty cash increase was too high.  He said cash accountability has very few statutory guidelines, which is a cause for worry.  He suggested the committee refer the bill to the Legislative Commission and let the Division of Wildlife (in the State Department of Conservation and Natural Resources) establish the need for more cash, thus maintaining cash control. 

 

Mr. Bremer said he did testify in the Assembly to the amount of money they needed, but did not give the delineation of the offices.  He said the petty cash, which would equal $1000, would be dispersed through different offices.  He added there would also be a series of controls on that money.  He stated this money was necessary for customer service, perhaps when someone buys a license and needs change.  He explained the money would also be used for small business purchases for the hatcheries, such as hand tools. 

 

Chairman Rhoads asked if Mr. Lent’s concerns had been allayed.  Mr. Lent replied they had been. 

 

Senator McGinness asked if the change fund was a statewide program.  Mr. Bremer answered it was spread among several offices throughout Nevada.  Senator McGinness asked if $1000 per office was distributed.  Mr. Bremer negated, explaining the $1000 covered the whole state. 

 

Chairman Rhoads asked for a motion on A.B. 199.

 

SENATOR CARLTON MOVED TO DO PASS A.B. 199.

 

SENATOR MCGINNESS SECONDED THE MOTION.

 

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

 

*****

 

Chairman Rhoads opened the work session on A.B. 29, referring to a list of summaries and amendments of the bills (Exhibit E) in the 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)

 

Assemblyman John C. Carpenter, Assembly District No. 33, testified he believed A.B. 29 was essential to prevent future problems with water pollution. 

 

Chairman Rhoads asked for a motion on A.B. 29.

 

SENATOR MCGINNESS MOVED TO DO PASS A.B. 29.

 

SENATOR SHAFFER SECONDED THE MOTION.

 

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

 

*****

 

Chairman Rhoads opened the hearing on A.B. 469.

 

ASSEMBLY BILL 469:  Makes various changes relating to safe use of watercraft. (BDR 43-462)

 

Assemblyman Bob Beers, Clark County Assembly District No. 4, testified on his support for A.B. 469, stating the bill would phase in requirements that boat drivers must complete a safety course, which are available by mail, on the Internet, and are also taught throughout the state.  He explained the Division of Wildlife would maintain a registry of boaters’ compliance.  He distributed a handout (Exhibit F) to the committee. 

 

Chairman Rhoads asked if the fiscal aspect of A.B. 469 was in the budget.  Assemblyman Beers replied it is not.  Chairman Rhoads asked if this bill needed to go to the Senate Committee on Finance.  Assemblyman Beers answered he would expect it to go there.  Chairman Rhoads asked what was required of tourists who boat.  Assemblyman Beers responded tourists who have taken the boaters’ safety test in their own state are fine, but those who have not will have 60 days to do so.  Chairman Rhoads asked if this was statewide.  Assemblyman Beers affirmed it was. 

 

Senator McGinness asked if there was a cost for the boaters’ safety course.  Assemblyman Beers replied the mail course created by the state of Nevada is free, though some of the Internet courses may charge. 

 

Frank Beers, Concerned Citizen, testified via videoconference he had completed two separate Internet boating safety courses, and he did not recall being charged for them.  He said this bill would educate boaters on boating safety and protocol. 

 

Fred Messmann, Boating Law Administrator, Bureau of Law Enforcement, Division of Wildlife, State Department of Conservation and Natural Resources, testified 85 percent of boating accidents he had seen involved boaters who were not aware of boating laws and regulations.  He stated he fully endorsed A.B. 469. 

 

Senator McGinness asked if the wildlife commission supported A.B. 469.  Mr. Messmann replied the wildlife commission only supported bills in their hearings that the agency was going to introduce. 

 

Chairman Rhoads closed the hearing on A.B. 469 and opened the work session on A.B. 468.

 

ASSEMBLY BILL 468:  Revises provisions governing imposition of tax on certain transfers of water. (BDR 48-1273)

 

C. Joseph Guild III, Lobbyist, Nevada Cattlemen’s Association, testified the tax does not apply unless there is a clear permit to appropriate the groundwater for the purpose of, transfer to, and beneficial use in a county other than the county of origin.  He said that was the original intent of the law.  He said if the situation explained in subsection 4 exists, then the tax does not apply. 

 

Chairman Rhoads asked Hugh Ricci, P.E., State Engineer, Division of Water Resources, State Department of Conservation and Natural Resources, if he was satisfied with Mr. Guild’s statement.  Mr. Ricci replied that he was. 

 

Senator McGinness asked Mr. Ricci if someone wanted a permit to dewater a mine, the miner would have to go to him.  Mr. Ricci affirmed that was correct.  Senator McGinness and Mr. Ricci discussed dewatering mines. 

 

Karen A. Peterson, Lobbyist, Eureka County, expressed her concerns regarding A.B. 468, asking if it was in Nevada’s interest to help facilitate the disposal of water from a county by private businesses and special interest groups.  She felt there was no need for the bill.  If the committee was intent on its passage, she requested section 4 be deleted, which provides the blanket exemption. 

 

Chairman Rhoads asked if John Hutchings, Concerned Citizen, Eureka County, had anything to add.  Mr. Hutchings answered he completely agreed with Ms. Peterson, but did not have anything further to add.

 

Chairman Rhoads asked for a motion.  Senator Carlton requested the bill be amended as already written (Exhibit E).

 

SENATOR CARLTON MOVED TO AMEND AND DO PASS A.B. 468.

 

SENATOR MCGINNESS SECONDED THE MOTION.

 

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

 

*****

 

Chairman Rhoads adjourned the meeting at 3:20 p.m.

 

 

RESPECTFULLY SUBMITTED:

 

 

Heather Miller,

Committee Secretary

 

 

APPROVED BY:

 

 

 

                       

Senator Dean A. Rhoads, Chairman

 

 

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