MINUTES OF THE SENATE COMMITTEE ON NATURAL RESOURCES Sixty-eighth Session April 24, 1995 The Senate Committee on Natural Resources was called to order by Chairman Dean A. Rhoads, at 1:35 p.m., on Monday, April 24, 1995, in Room 224 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. COMMITTEE MEMBERS PRESENT: Senator Dean A. Rhoads, Chairman Senator Lawrence E. Jacobsen, Vice Chairman Senator Mike McGinness Senator Ernest E. Adler Senator John B. (Jack) Regan Senator O. C. Lee COMMITTEE MEMBERS ABSENT: Senator Mark A. James (Excused) GUEST LEGISLATORS PRESENT: Assemblywoman Marcia de Braga, Assembly District No. 35 STAFF MEMBERS PRESENT: Fred Welden, Chief Deputy Research Analyst, Legislative Counsel Bureau Billie Brinkman, Committee Secretary OTHERS PRESENT: Stephanie D. Licht, Executive Secretary, State of Nevada, Board of Sheep Commissioners Gary D. Simmons, State Director, Cooperative Animal Damage Control Program, U. S. Department of Agriculture Doug Busselman, Executive Vice President, Nevada Farm Bureau Federation Larry Hawke, Lobbyist, Government Relations Counsel, Nevada Mining Association Chairman Rhoads opened the meeting by informing the committee there were two bill draft requests which required committee introduction. He asked for a motion on Bill Draft Request (BDR) 50-1798. BILL DRAFT REQUEST 50-1798: Revises provisions governing payment of expenses relating to estrays. Chairman Rhoads explained the term "estrays" relates to livestock picked up by the brand inspection department, and that this measure relates to the expense of feeding and care of that livestock. He further explained it is an "agency requested" bill. SENATOR ADLER MOVED FOR COMMITTEE INTRODUCTION OF BDR 50- 1798. SENATOR REGAN SECONDED THE MOTION. THE MOTION CARRIED. (SENATORS JAMES, McGINNESS and JACOBSEN WERE ABSENT FOR THE VOTE.) ***** BILL DRAFT REQUEST 50-1799: Revises provisions governing qualifications of administrator of division of agriculture of department of business and industry. Chairman Rhoads said this measure requests more language on the criteria and experience a new director should have before being qualified to apply for this position. SENATOR REGAN MOVED FOR COMMITTEE INTRODUCTION OF BDR 50- 1799. SENATOR LEE SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR JAMES WAS ABSENT FOR THE VOTE.) ***** Chairman Rhoads opened the hearing on Senate Bill (S.B.) 348: SENATE BILL 348: Revises provisions governing powers and duties of state predatory animal and rodent committee and places committee to control predatory animals under control of state board of sheep commissioners. Stephanie D. Licht, Executive Secretary, State of Nevada, Board of Sheep Commissioners, explained S.B. 348 came about because of needed changes to the predatory animal and rodent committee. She said page 2, lines 9 through 14, of the bill affects the sheep commission. She pointed out during the Governor's reorganization, the Nevada Wool Growers Predatory Animal Committee got shuffled off to the Division of Agriculture instead of "mothering" up with the sheep commission, so the above-referenced language change takes care of what was "muddied in the waters" of reorganization of the last session. She recognized when the reorganization came through, the two parts of the sheep tax got separated with 20 cents going to the Nevada Wool Growers Predatory Animal Control. The sheep herders tax themselves and it amounts to about $20,000 annually to support the State Predatory Animal and Rodent Control (PARC). She said the last part of S.B. 348 straightens out the particular tax problem. In reply to Chairman Rhoads' question, Ms. Licht replied that the Division of Agriculture does support S.B. 348. Gary D. Simmons, State Director, Cooperative Animal Damage Control Program, U. S. Department of Agriculture, explained the intent of S.B. 348 is to modernize the language to cover the work which is actually being done with a broader diversity of birds, than was described in earlier legislation. Page 1, line 4, of this measure makes activities current. The further changes made in S.B. 348 basically puts the control program in a position to deal with the eventuality that should the federal government decides to terminate its cooperative part of this program, then the state of Nevada would be in a position to continue the PARC effort. As the bill was originally written, the main purpose for the bill was to cooperate with the federal government in its program for the control of predatory animals. Mr. Simmons said deeming the budget cuts in the Washington, D.C., environment, it seems advisable to make this minor change to allow PARC to exist with or without the presence of the federal government. Senator Adler inquired where the definition of "property destroying" birds came from. Mr. Simmons commented that definition was created by the department, however, basically it covers most of the birds which they deal with, with the provision at the end for basically any other kind of bird which might cause problems. He stated that the birds they deal with that cause most of the trouble have been identified. Senator Adler exclaimed he did not want any trouble with the "bird people." Mr. Simmons said "regardless of what we do, all these birds are protected by some legislation." Senator Adler inquired if it was possible to shoot birds without having a proper permit regardless of the species. Mr. Simmons replied there are basically two birds in the United States that do not have some form of protection and they are the European starling and the English sparrow. Further discussion ensued concerning other types of birds. Senator McGinness inquired if a program was initiated to eradicate any type of bird, would it be necessary to obtain a permit from the U. S. Department of Fish and Wildlife. Mr. Simmons answered in the affirmative and added probably the Nevada Division of Wildlife also. Senator McGinness said he would like to see a control established on all birds. Mr. Simmons said by state law, the federal authorities cannot be superseded. There being no further testimony on S.B. 348, Chairman Rhoads closed the hearing on that measure, and opened the hearing on Assembly Bill (A.B.) 10. ASSEMBLY BILL 10: Revises provisions prohibiting herding or grazing of livestock on land near municipal water supply. Assemblywoman Marcia de Braga, Assembly District No. 35, explained A.B. 10 was requested by Lander County. She told the committee it came about because an ordinance was passed in that county that would prevent grazing near the main domestic water source. The county officials then discovered that Nevada Revised Statutes (NRS) did not apply to unincorporated areas. This measure was requested so Lander County will be in compliance with the law. Chairman Rhoads indicated he was somewhat puzzled with the bill. He said as one drives between Carson City and Reno, there are a lot of livestock right along the highway which he believes has to all be within 1,000 feet of some county or city or municipality or unincorporated towns, so it appears this bill would eliminate those grazing areas. Assemblywoman de Braga said in that respect, provisions can be set for a local area that work for that particular area. And that some areas have put up fencing. Chairman Rhoads said there are small towns in his senatorial district that have water systems and cattle are around these areas all the time. He suggested it would be a tremendous expense to fence those areas to keep livestock out. Assemblywoman de Braga pointed out the changes in the statute includes the number of feet. She indicated that even more changes could be made in the language. She said the Lander County officials want the existing law to cover unincorporated towns such as the town of Austin. She told the committee the people who testified on A.B. 10 on the Assembly side were those who actually graze their sheep and cattle in the Austin area and that an agreement had been reached on the amended language. Chairman Rhoads asked for names of those people who testified on the measure on the Assembly side and he asked for a transcription of the minutes of the meeting which was held at that time. Assemblywoman de Braga said the meeting minutes are available as well as minutes of a subcommittee meeting when the language changes were hammered out. She indicated she would get a copy of the minutes to Chairman Rhoads. Senator Adler said he has concerns about A.B. 10, citing an example of a ditch carrying domestic water next to a field. Assemblywoman de Braga said earlier testimony indicated the main source of a domestic water supply was the reference in the bill. Senator Jacobsen said he was concerned with the Clean Water Act which he said already prohibits livestock to be within a certain area of a domestic water source. Assemblywoman de Braga reiterated that Lander County had passed an ordinance and then discovered the existing NRS did not apply to them, thus the reason for requesting the amended language. She said A.B. 10 would allow Lander County to adopt specific regulations which govern the particular situation. Chairman Rhoads indicated he would ask Fred Welden, Chief Deputy Research Analyst, Legislative Counsel Bureau, to research the Clean Water Act to see if it applies to the situation under discussion. Further discussion ensued on the matter at hand. Doug Busselman, Executive Vice President, Nevada Farm Bureau Federation, said his agency monitored A.B. 10 as it moved through the Assembly, and would appreciate the opportunity to work with the committee as it is processed in a work session of this committee. He said his agency may have some amendments which could take care of some of the concerns discussed earlier. Chairman Rhoads closed the hearing on A.B. 10 and opened the work session portion of the meeting. The first bill on the work session was Senate Bill (S.B.) 174. SENATE BILL 174: Increases fee for issuance of certificates of ownership and number for transfer of ownership of certain motorboats. SENATOR McGINNESS MOVED TO DO PASS S.B. 174. SENATOR REGAN SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR JAMES WAS ABSENT FOR THE VOTE.) **** SENATE BILL 176: Revises provisions governing certain unlawful activities related to hunting, trapping, possession, sale or training of birds of prey. SENATOR REGAN MOVED TO DO PASS S.B. 176. SENATOR McGINNESS SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR JAMES WAS ABSENT FOR THE VOTE.) ***** SENATE JOINT RESOLUTION 6: Expresses support of Nevada Legislature for activities and operations of all mining industries in Nevada and expresses its opposition to any extensive and unreasonable reform of existing federal laws governing mining. Chairman Rhoads indicated there was an amendment to Senate Joint Resolution (S.J.R.) 6 attached to work session notes (Exhibit C) which had been prepared by Mr. Welden. SENATOR JACOBSEN MOVED TO AMEND AND DO PASS S.J.R. 6. SENATOR REGAN SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR JAMES WAS ABSENT FOR THE VOTE.) ***** ASSEMBLY BILL 146: Facilitates amendment of master plan of district for control of floods. SENATOR REGAN MOVED TO DO PASS A.B. 146. SENATOR LEE SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR JAMES WAS ABSENT FOR THE VOTE.) ***** ASSEMBLY BILL 161: Authorizes person to fish using second combination of hook, line and rod under certain circumstances. SENATOR McGINNESS MOVED TO DO PASS A.B. 161. SENATOR REGAN SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR JAMES WAS ABSENT FOR THE VOTE.) ***** There being no further business to come before the committee, the meeting was adjourned at 1:55 p.m. RESPECTFULLY SUBMITTED: Billie Brinkman, Committee Secretary APPROVED BY: Senator Dean A. Rhoads, Chairman DATE: Senate Committee on Natural Resources April 24, 1995 Page