MINUTES OF THE

SENATE Committee on Natural Resources

 

Seventy-second Session

February 24, 2003

 

 

The Senate Committee on Natural Resources was called to order by Chairman Dean A. Rhoads, at 1:30 p.m., on Monday, February 24, 2003, 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 Mike McGinness, Vice Chairman

Senator Raymond C. Shaffer

Senator Mark Amodei

Senator Bob Coffin

Senator Michael Schneider

Senator Maggie Carlton

 

GUEST LEGISLATORS PRESENT:

 

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

 

STAFF MEMBERS PRESENT:

 

Fred Welden, Committee Policy Analyst   

Gina Rasner, Committee Secretary

 

OTHERS PRESENT:

 

Thomas R. C. Wilson, Lobbyist

Bill Bradley, Board of Wildlife Commissioners, Division of Wildlife, State Department of Conservation and Natural Resources

Thomas Atkinson, Law Enforcement Bureau Chief, Division of Wildlife, State Department of Conservation and Natural Resources

Russ Benzler, Administrator, Compliance Enforcement Division, Department of Motor Vehicles

Ralph A. Felices, Chief Investigator, Compliance Enforcement Division, Department of Motor Vehicles

Peter D. Krueger, Lobbyist, Nevada Petroleum Marketers and Convenience Store Association

 

Chairman Rhoads requested committee introduction of Bill Draft Request (BDR) 40-1047.

 

BILL DRAFT REQUEST 40-1047: Eliminates limitation on amount of fees that State Emergency Response Commission may impose for certain services of Commission or activities relating to extremely hazardous materials. (Later introduced as Senate Bill 201)

 

SENATOR SCHAFFER MOVED TO INTRODUCE BDR 40-1047.

 

SENATOR CARLTON SECONDED THE MOTION.

 

THE MOTION CARRIED UNANIMOUSLY. 

*****

 

 

Chairman Rhoads introduced Senate Bill (S.B.) 135 for discussion

 

SENATE BILL 135: Revises provisions governing killing or possessing of certain animals and penalty for violating those provisions. (BDR 45-711)

 

Senator Alice Constadina (Dina) Titus, Clark County Senatorial District No.7, testified in support of S.B. 135. This bill is intended to strengthen Nevada antipoaching laws by making the intentional, willful poaching of a big game animal a Category E felony in Nevada. Senator Titus said the wildlife commission had informed her there was a problem with S.B. 135. She said the definition of trophy animal in S.B. 135 section 3, subsection 3, lines 24 thru 26, and also in the definition on page 3, line 34 thru 44 needs to have a friendly amendment, which will eliminate the usage of the word “trophy” in regards to animals. The willful poaching of any animal should be a felony. She asked Thomas R. C. Wilson, Lobbyist, to come forward and testify.

 

Mr. Wilson explained the current law on poaching in Nevada. He said if a person kills or possesses a big game animal without a tag, that person would be guilty of a gross misdemeanor. One of the problems with the law was a strict liability crime. He outlined an example to illustrate this law. Mr. Wilson said S.B. 135 makes two very important changes. He said the first change inserts “willfully” which takes care of the constitutional problem. The second change separates the person who possesses the animal from the person who kills the animal. The person who kills the animal is now guilty of a Category E felony. The Category E felony is 1 to 4 years in State prison, but is a mandatory probation.

 

Bill Bradley, Board of Wildlife Commissioners, Division of Wildlife, State Department of Conservation and Natural Resources, testified in favor of a friendly amendment for S.B. 135. During the month of May, the Division of Wildlife (DOW) establishes the number of deer in a particular unit that is considered allowable to be harvested. The word “trophy” is used in advising the county advisory boards how they want a particular unit to be hunted. The use of the word trophy provides a totally different meaning in defining terms of bucks to does. He said the DOW would like to encourage a friendly amendment because the language is not necessary to convey the meaning of an antipoaching statute that has a Category E felony as a justifiable consequence of willfully harvesting a big game animal.

 

Thomas Atkinson, Law Enforcement Bureau Chief, Division of Wildlife, State Department of Conservation and Natural Resources, said the division supports S.B. 135. He said his office will work with the proponents to come up with language that is agreeable to his department.

 

Chairman Rhoads closed the hearing on S.B. 135 and opened the hearing on S.B. 18.

     

SENATE BILL 18: Requires Department of Motor Vehicles to establish by regulation procedures for inspecting certain stations involved in control of emissions from engines. (BDR 40-177)

 

Senator Michael A. Schneider, Clark County Senatorial District No.11, testified in favor of S.B. 18. He said there needs to be new regulations drafted so the attendant at the smog inspection station is notified immediately of what was performed wrong during the smog test so it will be an educational tool at that time, not 1 month later after they have done several other inspections. He said the people who perform these tests should be educated due to the importance of air quality.

 

Russ Benzler, Administrator, Compliance Enforcement Division, Department of Motor Vehicles (DMV), testified in favor of S.B 18. He outlined a lengthy process the inspectors have to go through in order to issue fines to individuals who performed a smog test incorrectly. The DMV has now changed the notification time of smog inspection stations that perform illegal testing, to be notified that same day of testing.

 

Senator McGinness asked for a definition of the responsibilities of a smog inspector. Ralph A. Felices, Chief Investigator, Compliance Enforcement Division, Department of Motor Vehicles, said the training these inspectors receive involves all the criteria for testing, including knowing  they are required to perform a test in the condition the vehicle is brought to them. The inspector will produce a certificate of either fail or pass and advise the customer of test results. If the vehicle failed, the inspector will explain to the customer what needs to be repaired and what should occur in a retest. Inspectors have certain guidelines they must follow.

 

Senator Carlton asked if the first citation given to the smog inspectors would continue to be an educational tool. Mr. Benzler replied it would be.

 

Peter D. Krueger, Lobbyist, Nevada Petroleum Marketers and Convenience Store Association, said he would like S.B. 18 to be amended to make it very clear that the Nevada Administrative Procedure Act applies to all related forms of this type of smog inspection operation. He spoke of different statutes in which smog inspection operations are covered (Exhibit C). Mr. Krueger said the language in S.B. 18 needs to be restructured. Mr. Benzler said the Department of Motor Vehicle’s regulations are governed by chapter 233B of Nevada Revised Statutes and cautioned the specificity of the language. Chairman Rhoads said when Mr. Krueger has suggestions on those changes they will be made known to all departments. Fred Welden, Committee Policy Analyst, asked the committee if he could work with Mr. Krueger in regards to that language. He said there is the possibility of needing a legal opinion on what is actually covered in writing, and to have that available for the committee.

 

As there was no further business, Chairman Rhoads adjourned the meeting at 2:16 p.m.

 

RESPECTFULLY SUBMITTED:

 

 

                                                           

Gina Rasner,

Committee Secretary

 

 

APPROVED BY:

 

 

                                                                                         

Senator Dean A. Rhoads, Chairman

 

 

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