MINUTES OF THE ASSEMBLY COMMITTEE ON NATURAL RESOURCES, AGRICULTURE AND MINING Sixty-eighth Session February 1, 1995 The Committee on Natural Resources, Agriculture and Mining was called to order at 1:15 p.m., on Wednesday, February 1, 1995, Chairman John C. Carpenter presiding in Room 321 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. COMMITTEE MEMBERS PRESENT: Mr. John C. Carpenter, Chairman Mrs. Marcia de Braga, Chairman Mr. Max Bennett, Vice Chairman Mrs. Genie Ohrenschall, Vice Chairman Mr. Douglas A. Bache Mr. Thomas A. Fettic Mr. David E. Humke Mr. P.M. Roy Neighbors Mr. Brian Sandoval Mrs. Gene Wines Segerblom COMMITTEE MEMBERS ABSENT: None GUEST LEGISLATORS PRESENT: None STAFF MEMBERS PRESENT: David S. Ziegler, Senior Research Analyst OTHERS PRESENT: Steve Weaver, Division of State Parks; Wayne Perock, Acting Director, Division of State Parks; Steve Silva, Division of State Parks. The meeting was called to order by Chairman Carpenter and roll call was taken. Chairman Carpenter asked the personnel from the Division of Parks to come forward and testify. ASSEMBLY BILL 20 - Revises provisions governing issuance of citation for violation of regulation of division of state parks of state department of conservation and natural resources. Mr. Wayne R. Perock, Acting Administrator, Division of State Parks, testified on A.B. 20 (Exhibit C). Mr. Sandoval questioned Mr. Perock about the provision for warning being in the present statutes. Mr. Perock did not know but replied the Division of State Parks continued to be the only state agency with commissioned officers required to warn individuals before giving a citation. Over the years the training for the park rangers has increased. Mr. Steve Silva stated the character of the Nevada Administrative Code 407 has changed a great deal. Many regulations which could be thought of as unfamiliar, or visitors might not see as common knowledge, have been cleaned up. Regulations critical to the park operations have been shortened and park personnel have looked to either county codes or Nevada Revised Statutes to provide additional support for managing the parks, stated Mr. Silva. Mr. Neighbors asked about the infractions noted in the Administrative Code 407, particularly throwing rocks. Mr. Silva did not believe throwing rocks was still in the code. Mr. Carpenter did advise Mr. Silva the committee had a copy of the Prohibited Acts of the NAC 407. The code did specify the throwing of rocks as prohibitive. Mr. Silva explained the philosophy of park compliance was through education and voluntary compliance. In 1994, 2.6 million visitors visited Nevada State Parks with only 45 arrests, 434 citations and 12,000 warnings issued. A large percentage of citations were issued by non law enforcement personnel, seasonal rangers, park aides and other uniformed seasonal employees of the division. Mr. Humke said in past sessions the Legislature may have had some concern regarding the limited peace officer powers of Nevada State Parks Rangers. Nevada Park Peace Officers have full law enforcement capacity responded Mr. Perock. The only limitations would be within the designated boundaries of a state park or areas under agreement with authority. Mr. Humke felt the reason for limiting peace officers under the parks jurisdiction to a warning requirement might be because of some unusual infractions which exist in the NAC. Mr. Perock stated Peace Officers would use NRS anytime they could for serious incidents. Infractions listed in NAC were not exclusive to all parks in the state. Some infractions would only be unique to certain parks. Mr. Humke asked if there was a posting requirement of restrictions or prohibitions on the use of the park or an area in the park for users. Mr. Perock agreed restrictions must be posted. Mr. Humke stated, as a general rule he was an enemy of regulations. He felt many park regulations were unusual and hard for park users to the state to know what was prescribed behavior. Mr. Humke did not know if he would vote for the bill or not. Mr. Fettic said, in reading the bill, those who refuse to comply with regulations upon request by any park ranger or employee of the division would be guilty of a misdemeanor. "You tell them once, and that's it." Mr. Perock said the bill read, "who has the power of a peace officer." He said, at present, the interpretation by the Parks Division was, commissioned officers must give a warning. Seasonal personnel would be educating and telling users what rules were violations. Rangers become involved when users do not respond to aides who had been warning of misuse. The ranger must warn the user again before he would be able to cite for a violation. Mr. Fettic continued to question Mr. Perock regarding warning or citing users of the parks. He said he was a user of the parks and commended them on the good job personnel did. Mr. Perock felt park users would be offended if no one did anything about an infraction. Mr. Fettic noted by putting a period after division, in the summary of the bill, the problem of a warning would be taken care of. Mr. Silva said it would help. A great deal of discussion continued regarding violations, citations and number of arrests. Mr. Carpenter did not believe changing the regulations would change the system. Mrs. Segerblom and Mr. Fettic again praised the Nevada Park System for the good job performed by park personnel. Mr. Carpenter closed A.B. 20. The chairman turned the gavel over to the Vice Chairman, Assemblyman Bennett. ASSEMBLY BILL 21- Repeals authority of administrator of division of state parks of state department of conservation and natural resources to appoint construction engineer. Mr. Steve Weaver, Chief, Planning and Development, Division of State Parks testified on A.B. 21. He related to the committee A.B. 21 was a housecleaning bill (Exhibit D). Mr. Bennett asked for any testimony for or against A.B. 21. No one responded and the hearing was closed on A.B. 21. ASSEMBLY BILL 22 - Authorizes administrator of division of state parks of state department of conservation and natural resources to establish certain accounts relating to operation of state parks. Mr. Wayne Perock, Acting Administrator, Division of State Parks testified on A.B. 22 (Exhibit E). Mr. Humke addressed the Chair and asked if this bill should not go to Ways and Means because of a fiscal implication. Vice Chairman Bennett asked Mr. Perock what part the Tahoe Regional Planning Agency has had in the Lake Tahoe State Park. Mr. Perock replied there were many requirements and regulations by the TRPA and the Division of State Parks were bound by their approval. Mr. Steve Weaver, Chief, Planning and Development, stated he was the person who usually dealt with the TRPA and he did not have a complaint. He would like to have an earlier response to requests but felt the Division of State Parks had been treated fairly. Mr. Sandoval questioned Mr. Perock regarding the amount of money which would go to the general fund and the amount going to a special fund. Mr. Perock said, the price would not be raised for all parks only those with special needs. Mr. Perock on questioning by Mr. Sandoval mentioned the Parks Division takes a survey every other year of the amount charged by neighboring states. Nevada Parks would rather take small raises than declare a large increase. He stated the overall budget for the Division of Parks would be approximately 6 million. Mrs. Ohrenschall asked if A.B. 22 were passed, what parks would be considered for special fund. Mr. Perock stated Cave Lake, Dayton, Lamb Park, Lahonton, Valley of Fire and Washoe Lake were parks considered. He elaborated on the special problems of each of the listed parks and stated those would be the ones he would like to see a special account established at. Mr. Fettic asked if the original fee amount at a park designated for special needs would be increased. In essence the original fee would have already been allocated to the budget. Mr. Perock agreed with Mr. Fettic's analogy. Vice Chairman Bennett closed the hearing on A.B. 22. Mr. Perock thanked the committee for hearing their testimony on the bills and appreciated the comments on the quality of the rangers and staff. Chairman Carpenter called for a motion on A.B. 21. ASSEMBLY BILL 21- Repeals authority of administrator of division of state parks of state department of conservation and natural resources to appoint construction engineer. ASSEMBLYMAN HUMKE MOVED TO DO PASS A. B. 21. ASSEMBLYMAN BENNETT SECONDED THE MOTION. THE MOTION PASSED UNANIMOUSLY BY THOSE PRESENT. Mr. Carpenter asked Mrs. Ohrenschall to do the floor statement on A.B. 21. ASSEMBLY BILL 22 - Authorizes administrator of division of state parks of state department of conservation and natural resources to establish certain accounts relating to operation of state parks. Mr. Carpenter noted if A.B. 22 were passed it would need to be referred to Ways and Means for a fiscal note. ASSEMBLYMAN BACHE MOVED TO DO PASS AND REREFER A.B. 22 TO WAYS AND MEANS. ASSEMBLYMAN BENNETT SECONDED THE MOTION. THE MOTION PASSED. (ASSEMBLYMAN SEGERBLOM VOTED NO). ASSEMBLY BILL 20 - Revises provisions governing issuance of citation for violation of regulation of division of state parks of state department of conservation and natural resources. ASSEMBLYMAN NEIGHBORS MOVED TO INDEFINITELY POSTPONE A.B. 20. ASSEMBLYMAN BENNETT SECONDED THE MOTION. Mr. Carpenter said there was a fiscal note attached to the bill. Local government would incur all costs of enforcement, prosecution, and incarceration. Mr. Humke was in sympathy with the Division of Parks and their system of warning and giving citations. Mr. Bache supports the motion to indefinitely postpone. He felt some of the infractions should be put in NRS so they could be handled immediately. THE MOTION PASSED UNANIMOUSLY BY THOSE PRESENT. Mr. Carpenter advised the Division of Parks if they have regulations they felt should be in NRS this committee would entertain a bill draft request. There were four bill draft requests for introduction by the committee. The chairman read a summary of the requests. ASSEMBLYMAN HUMKE MOVED TO INTRODUCE BILL DRAFT REQUESTS 40-634; 47-561; 45-552 AND 45-553. ASSEMBLYMAN BACHE SECONDED THE MOTION. THE MOTION PASSED UNANIMOUSLY BY ALL PRESENT. A tentative schedule of bills to be heard and public hearings by the committee were announced by Dave Ziegler, Senior Research Analyst. Mr. Carpenter thanked the committee for their pertinent questions and concern for moving bills along. There being no further business to come before committee the meeting was adjourned at 2:30 p.m. RESPECTFULLY SUBMITTED: Pat Menath, Committee Secretary APPROVED BY: Assemblyman John C. Carpenter, Chairman Assemblyman Marcia de Braga, Chairman Assembly Committee on Natural Resources, Agriculture and Mining February 1, 1995 Page