MINUTES OF THE
	ASSEMBLY COMMITTEE ON
	NATURAL RESOURCES, AGRICULTURE AND MINING

	Sixty-eighth Session
	June 28, 1995


The Committee on Natural Resources, Agriculture and Mining was 
called to order at 6:00 p.m., on Wednesday, June 28, 1995, 
Chairman John C. Carpenter presiding in Assembly Chambers of the 
Legislative Building, Carson City, Nevada.  Exhibit A is the 
Agenda. 


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. David E. Humke
Mr. P.M. Roy Neighbors
Mr. Brian Sandoval
Mrs. Gene Wines Segerblom

STAFF MEMBERS PRESENT:

Mr. David S. Ziegler, Senior Research Analyst

OTHERS PRESENT:

Lew Dodgion, NDEP; Deeann Parsons, Nevada State Energy 
Office; Helen 	Foley; John Sande; Joe Guild, Nevada 
Cattlemen's Assoc.; Stephanie Licht, Nevada Woolgrowers 
Assoc.; Doug Busselman, Nevada Farm Bureau; Bill Bradley, 
Nevada Trial Lawyers; Brian Hutchins, A.G., NDOT.

The meeting was called to order on the floor of the Assembly 
Chambers at approximately 6:00 p.m.

SENATE BILL 565: Requires director of department of business 
and industry to study feasibility of state plan for vehicles 
that operate on alternative fuel.


Mr. Lew Dodgion of Nevada Department of Environmental Protection 
was not opposed to the bill.  He was concerned regarding the air 
quality function being in the Department of Business and 
Industry.  He indicated the enhanced inspection and maintenance 
of motor vehicles would need to be looked at.  There would need 
to be cooperation between NDEP and Business and Industry and he 
would be more than willing to do so.  

Ms. Deeann Parsons of the State Energy Office, confirmed her 
office would cooperate fully with the NDEP in the study.  

Ms. Helen Foley, Western Ethanol Co., supported the study and 
felt it would be a reasonable approach. Mr. John Sande also 
spoke in support of the bill.

ASSEMBLYMAN OHRENSCHALL MOVED TO DO PASS S.B. 565.

ASSEMBLYMAN SANDOVAL SECONDED THE MOTION.

THE MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT.  
(ASSEMBLYMAN FETTIC WAS ABSENT AT THE TIME OF THE VOTE.)

SENATE BILL 237: Clarifies provisions relating to liability for 
certain damages which are caused by herding or grazing 
livestock or domestic animals.

Mr. Joe Guild, Nevada Cattlemen's Association, supported 
S.B. 237.

Ms. Stephanie Licht, Nevada Woolgrowers, urged do pass on 
S.B. 237.

Mr. Doug Busselman, Nevada Farm Bureau, testified in support of 
the bill. 
He gave a brief description of a Gardnerville rancher who had 
padlocked the gate where his cattle were, and someone broke the 
padlock, and one of his cows was on the highway and hit by a 
car.  The rancher was held liable as it was not open range.

Mr. Joe Guild was also exposed to the same situation.  He lost 
two head of cattle  because of a gate being vandalized and 
cattle getting out.  A rancher should not be held liable when he 
has reasonably closed his gates and someone has opened them 
without his knowledge.  


Mr. Bennett commented in Section 2, subsection 3, page 2, a 
negligent rancher could be sued and the burden of proof would be 
on the plaintiff.

Mr. Bill Bradley, Nevada Trial Lawyers, was against S.B. 237 and 
testified that N.S. 568.360, keeps burden in the right place. 
 It has been a good law, also common law would cover trespass 
and vandalism situations.  The bill shifts the burden of proof 
and the "padlock or similar device" was too vague.

Mr. Humke asked if the origin of the bill resulted from one 
Douglas County case that settled?  Was there any other 
precedent?  Mr. Busselman said no. Mr. Humke asked if there were 
many of these cases.  Mr. Bradley did not believe so, but did 
 said the sympathy of the jury was also a consideration.  Mr. 
Bradley said this would only apply to gates along the public 
roadway.  This bill would reduce the farmers responsibility.

There was discussion by the committee concerning the gates owned 
by NDOT along the highways.  Mr. Hutchins, A.G. for NDOT, spoke 
of the departments responsibilities.  He said there was criminal 
responsibility for leaving a gate open.

ASSEMBLYMAN SEGERBLOM MOVED TO INDEFINITELY POSTPONE S.B. 
237.

ASSEMBLYMAN BACHE SECONDED THE MOTION.

THE MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT.  
(ASSEMBLYMAN FETTIC WAS ABSENT AT THE TIME OF THE VOTE.)


ASSEMBLY BILL 470: Revises provisions governing disposal of 
solid waste.

ASSEMBLYMAN BENNETT MOVED TO INDEFINITELY POSTPONE 
A.B. 470.

ASSEMBLYMAN OHRENSCHALL SECONDED THE MOTION.

THE MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT.  
(ASSEMBLYMAN FETTIC WAS ABSENT AT THE TIME OF THE VOTE.)





The meeting was adjourned at 6:45 p.m.

                                                              
  RESPECTFULLY SUBMITTED:



                                                   
__________________________
                                                   Pat 
Menath,
                                                              
  Committee Secretary
Assembly Committee on Natural Resources, Agriculture and Mining
June 28, 1995
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