MINUTES OF THE
SENATE Committee on Natural Resources
Seventy-second Session
February 19, 2003
The Senate Committee on Natural Resourceswas called to order by Chairman Dean A. Rhoads, at 1:30 p.m., on Wednesday, February 19, 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
STAFF MEMBERS PRESENT:
Fred Welden, Committee Policy Analyst
Billie Brinkman, Committee Manager
Gina Rasner, Committee Secretary
OTHERS PRESENT:
Ex-Senator Lawrence Jacobsen, Lobbyist, Douglas County
Pamela B. Wilcox, Administrator and State Lands Registrar, Division of State Lands, Department of Conservation and Natural Resources
Juan Palma, Executive Director, Tahoe Regional Planning Agency
Wayne R. Perock, Administrator, Division of State Lands, Department of Conservation and Natural Resources, and Member, Governing Board, Tahoe Regional Planning Agency
Rochelle Nason, Lobbyist, League to Save Lake Tahoe
William J. Gall, P.E., Principal Hydraulic Engineer, Nevada Department of Transportation
Steve Robinson, State Forester Firewarden, Division of Forestry, Department of Conservation and Natural Resources
Dorothy Nash Holmes, Mental Health Programs Administrator, Department of Corrections
Chairman Rhoads opened the meeting with the introduction of Bill Draft Request (BDR) 49-571.
BILL DRAFT REQUEST 49-571: Makes various changes concerning control of pests and plant disease. (Later introduced as Senate Bill 172.)
SENATOR SCHAFFER MOVED FOR COMMITTEE INTRODUCTION OF BDR 49-571.
SENATOR SCHNEIDER SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
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Chairman Rhoads reported there was a request for a BDR draft request changing bylaw provisions of the Nevada Onion and Garlic Advisory Board.
SENATOR SCHAFFER MOVED TO REQUEST A BILL DRAFT FOR PROPOSED LAW CHANGES PERTAINING TO THE NEVADA ONION AND GARLIC ADVISORY BOARD.
SENATOR SCHNEIDER SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
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Chairman Rhoads opened the hearing onSenate Bill (S.B.) 46:
SENATE BILL 46: Authorizes issuance of general obligation bonds to carry out Environmental Improvement Programs in Lake Tahoe Basin. (BDR S-174)
Senator Mark Amodei, Capital Senatorial District recognized and introduced Ex-Senator Lawrence Jacobsen, Chairman of the Tahoe Regional Planning Compact oversight committee.
Ex-Senator Jacobsen, Lobbyist, Douglas County, spoke of his concerns regarding fire season in the Lake Tahoe Basin and how defensible space should be a mandatory law for homeowners and resorts. The oversight committee deals with important issues protecting the Lake Tahoe Basin and stresses the need for funding of these types of committees.
Chairman Rhoads asked Mr. Jacobsen if he had observed substantial improvements in the Lake Tahoe area over the many years he has lived in the area.
Mr. Jacobsen said we have protected it more now than in the past. Issues like development or a catastrophe make people aware of problems that need improvement. Mr. Jacobsen emphasized the importance of protecting the Lake Tahoe area.
Senator Amodei referred to a document from the Division of State Lands, which outlines Bond Requests for the Environmental Improvement Program (Exhibit C. Original is on file in the Research Library.).
Pamela B. Wilcox, Administrator, State Lands Registrar, Division of State Lands, Department of Conservation and Natural Resources, said Exhibit C was handed out at the February 12, 2003, meeting as a PowerPoint presentation. Ms. Wilcox spoke of the progress made by the Lake Tahoe Environmental Improvement Program (EIP). Every 2 years EIP is required to report progress made to the Nevada Legislature. This indicates status of projects approved for funding during previous legislative sessions. A summary of EIP bond requests for the next biennium includes a summary of completed projects, projects in progress, and projects that remain for future years. Senator Rhoads asked if money from the Southern Nevada Lands Act could be used for Lake Tahoe. Ms. Wilcox replied that some of the money is being used for the Lake Tahoe Basin. Senator Rhoads asked if all the projects listed under the EIP Bond Request 04/05 Biennium were all on the Nevada side. Ms. Wilcox replied they were on the Nevada side. California has their own commitment to raise $275 million. Senator Rhoads asked if California is meeting those requirements. Ms. Wilcox answered they were complying.
Juan Palma, Executive Director, Tahoe Regional Planning Agency (TRPA), told the committee the TRPA supports S.B. 46 for a couple of reasons. The standards the Division of State Lands has set in bringing wildlife, forestry, and all other resources together to implement their program in Nevada as well as being used in California. He complimented Division of State Lands in accomplishing so much and being well on their way to reaching $82 million from the Nevada side. This leverages the $285 million since every project at the Lake Tahoe Basin is too large to be done by one entity. Funding comes from federal, State, local government, and the TRPA as well. By pooling these resources together, the TRPA is able to implement the EIP projects. Some of that funding goes to local governmental entities in Douglas County to help with funding of their projects. The TRPA is supportive of S.B. 46.
Wayne R. Perock, Administrator, Division of State Lands, Department of Conservation and Natural Resources, and Member, Governing Board, Tahoe Regional Planning Agency asked the committee for their support on S.B. 46 because of the improvements made in the health of the forest, streams, and other resources in properties in the Lake Tahoe Basin. The TRPA administers over 7000 acres in the State park. Without the EIP program we would be unable in restore and maintain resources properly.
Rochelle Nason, Lobbyist, League to Save Lake Tahoe, spoke in favor of S.B. 46 because of the leverage involved. There are many divisions of government involved in this effort. Federal support for capital improvement projects in the Lake Tahoe Basin was running under $10 million per year. That has increased to $24 million per year under this program and is rapidly approaching fulfillment of the federal environmental improvement share. California is doing its share and all of the parties involved in local issues are working on their local shares. Nevada’s participation plays a critical piece in support of the Tahoe Regional Planning Agency and the Lake Tahoe Environmental Improvement Program.
William J. Gall, Public Hydraulic Engineer, Nevada Department of Transportation (NDOT), spoke of the partnership between NDOT and TRPA. This partnership has been very effective in the implementation of environmental improvement programs project in the Tahoe basin. Together NDOT and TRPA have completed over $30 million in projects during the past 4 years. This bill is vital for continued success in Tahoe basin.
Chairman Rhoads closed the meeting on S.B. 46 and opened the meeting on S.B. 72.
SENATE BILL 72: Authorizes State Forester Firewarden of Division of Forestry of State Department of Conservation and Natural Resources to determine amount of wages paid to certain offenders in conservation camps. (BDR 16-1005)
Senator Amodei indicated his interest on S.B. 72. He said he served on the Governor’s task force with respect to the operations of the Department of Corrections. During the course of his service, and reviewing various endeavors in which the Department of Corrections was involved, the honor camp issue was brought up in terms of what Nevada charges various agencies and entities that use the honor camp resources. Senator Amodei said he had received testimony from Steve Robinson, State Forester Firewarden, Division of Forestry (DOF), Department of Conservation and Natural Resources regarding that issue. Senator Amodei said S.B. 72 is a housekeeping measure in terms of bringing this into the new millennium albeit a few years late.
Mr. Robinson explained that Inmate pay had not changed since 1970 (Exhibit D). He stated this legislation establishes a process for the DOF to selectively compensate inmate fire crews more equitably. The DOF has been attending monthly meetings with the DOC to discuss this issue.
Senator Carlton asked where inmate money goes and what guidelines are used to determine what an inmate is paid.
Mr. Robinson said to pick an amount would be done in conjunction with the DOC. One problem the division has is the DOC provides other programs that compete with our programs for inmates that are useable. The NDF would like to have a rate that is competitive with other outside jobs that inmates perform which pay more.
Dorothy Nash Holmes, Mental Health Programs Administrator, Department of Corrections, testified in favor of S.B. 72. She addressed Senator Carlton’s question by saying every inmate has a bank account. Some inmates make purchases from the canteen, pay child support, and medical co-pays. The DOC deducts room and board when inmates have the money. Inmates do not leave prison with a lot of money. Ms. Holmes stated the DOC is statutorily authorized to give them up to $100. Our budget does not allow that, which means they receive $21 and a set of clean clothes. This is an issue for the DOC due to inmate pay not being raised for over 30 years. Ms. Holmes gave an example of a 15-year-old girl at Caliente Youth Center working for the Bureau of Land Management fire crew who made $9 per hour. The DOC inmates make $1per hour because reviews have not been done on this issue in the past. Ms. Holmes stated the Warm Springs Correctional Center in Carson City would be going to minimum custody by July 2003, which means 400- plus inmates will be capable of going out on work crews. This will bring in revenue for the State and keep inmates working. The DOC believes inmates should be working to pay their way.
Senator Carlton spoke of her concerns regarding inmates who are working and paying for things. She said paying child support was not a concern, but the medical care, room, and board was a concern. If they cannot pay for it, we are setting up another hierarchy inside. She shared concerns about the amount of money going into their accounts and the amount of money the DOC was taking from the account for whatever reasons.
Ms. Holmes explained there are statutes that allow them to take out for restitution and court ordered payments. She referred to A.B. No. 389 of the 68th Session states which expenses can be deducted from inmates pay. An inmate who leaves prison does not have a lot of money. The DOC encourages inmates to work to earn their way out of prison in a constructive way and put some money in their pockets so they do not leave destitute. Those who do not save money are the ones who return to prison. Ms. Holmes said there is a new procedure when an inmate first comes to the DOC that all identification is put in a folder. When that inmate is released, the identification is returned. The Department of Motor Vehicles and the DOC are working together on a method to allow released inmates to have proper, up-to-date identification to cash their DOC checks and register for work.
Senator Amodei asked Ms. Holmes or Mr. Robinson to explain the way this program fits into the budget and what specific revenue targets are set by the budget office.
Mr. Robinson said for 2002 the camp revenue target was $19 million. The budget for 2003 camp revenue was $20 million. That money has to be brought in through NDOT and other projects around the State. This is one reason discretion is allowed in this legislation. We have to set inmate pay based on those revenues. He said he could not give a specific figure of what inmates will receive to the point where it depresses that revenue the department has to make each year. It then goes back into the State General Fund. The figures provided were from the year 1998 $1.3 million per year up to 2003 at $2 million per year. He said these figures sometimes put his program at odds with good projects being done in the community like working in the veterans cemetery, senior center work, and State parks systems that do not offer pay. All of this has to be weighed, and that is the reason why the DOF and DOC are asking for discretion in this legislation.
Ms. Holmes explained one issue the correction study committee has is some camps are better revenue sources than others. In rural camps those communities cannot afford to pay and the inmates do charitable work, free work, or community service. Carson City and Las Vegas have more paying jobs than the DOF can accommodate with inmates. The DOC is working with the DOF to put more minimum-security level inmates in those urban areas to do the work. The DOC allows inmates of community trustee level to work by themselves at a restitution center, for example. They must return at night to sleep in our facility. She stated the DOC had changed the status of inmates. In the past if an inmate had 18 months prior to being released, he would qualify for minimum security. That was changed to 36 months to enable more minimum-security inmates to work. Nevada has more inmates in the high-risk category versus minimum security. The National Institute of Corrections is coming to Nevada to review the Nevada system. With the new plan it is expected to get more minimum-security inmates in the urban areas in order to have more work crews. This will help the DOF meet their revenue requirement.
As there was no further business, Chairman Rhoads adjourned the meeting at
2:21 p.m.
RESPECTFULLY SUBMITTED:
Gina Rasner,
Committee Secretary
APPROVED BY:
Senator Dean A. Rhoads, Chairman
DATE: