MINUTES OF THE
SENATE Committee on Natural Resources
Seventy-second Session
April 11, 2003
The Senate Committee on Natural Resources was called to order by Chairman Dean A. Rhoads, at 12:38 p.m., on Friday, April 11, 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:
Assemblyman Jason D. Geddes, Assembly District No. 24
STAFF MEMBERS PRESENT:
Fred Welden, Committee Policy Analyst
Gina Rasner, Committee Secretary
OTHERS PRESENT:
Stephanie D. Licht, Lobbyist, Nevada Woolgrower’s Association
Doug D. Busselman, Lobbyist, Nevada Farm Bureau
Don Henderson, Acting Director, State Department of Agriculture
Larry W. Bennett, Lobbyist, U.S. Ecology Corporation
Peter D. Krueger, Lobbyist, Nevada Petroleum Marketers and Convenience Store Association
Chairman Rhoads opened the work session on Senate Bill (S.B.) 486.
SENATE BILL 486: Makes various changes regarding livestock and other animals. (BDR 50-570)
Stephanie D. Licht, Lobbyist, Nevada Woolgrower’s Association, said the woolgrowers had discussed S.B. 486 at a convention held November 2002. Ms. Licht said there are not enough sheepherders in the State of Nevada to hold a full State Board of Sheep Commissioners. Mr. Satterthwaite was placed on the board to represent the sheepgrowers commission. This bill will take care of placing a farm bureau member back on the board. She said these groups had discussed the issue with the State Department of Agriculture.
Chairman Rhoads said three different amendments were offered (Exhibit C). He said Fred Welden, Committee Policy Analyst, would explain the amendment offered by the State Department of Agriculture.
Chairman Rhoads read the second amendment on page 3 of Exhibit C. Chairman Rhoads said all of the statutes recognize the term feral horses and he did not think it would be a good idea to change the verbiage.
Chairman Rhoads read the third amendment on page 4 of Exhibit C. He said the proposed amendment came from the Nevada Farm Bureau.
Doug Busselman, Lobbyist, Nevada Farm Bureau, said the State Department of Agriculture had expressed concern about the lack of funding allocated to operate the program of gathering feral livestock. Mr. Busselman read the proposed amendment on page 4 of Exhibit C. He said there was a Nevada Farm Bureau member who incurred damage on private and leased land from feral horses. When he asked for the State Department of Agriculture to assist in this matter, he was told they were unable to help due to lack of funds. Mr. Busselman said this proposed amendment to S.B. 486 would provide an option to solve the lack of funds.
Chairman Rhoads asked Mr. Busselman if the State Department of Agriculture had the authority to sell the feral livestock. Mr. Busselman said no, they have the authority to sell estray horses. Chairman Rhoads said even if they could sell the horses there would be the possibility of not being able to cover the gathering costs. Mr. Busselman agreed.
Don Henderson, Acting Director, State Department of Agriculture, said it is very important to maintain a cooperative working relationship with the Bureau of Land Management (BLM). They provide a wild horse crew to help gather feral livestock. The BLM has stressed to the State Department of Agriculture they would not be involved in a program that leads to the sale of horses. By losing the BLM support it would add significantly to the State Department of Agriculture’s costs. He said the Nevada Farm Bureau’s proposed amendment would put the State Department of Agriculture in a position to react to gathering feral livestock or be liable for a lawsuit from the public, residential, wild horse associations, or landowners. Mr. Henderson said by law if a private landowner captures an estray or feral horse that person must notify the State Department of Agriculture, which is obligated to take care of captured horses. The State Department of Agriculture had worked with some of the larger landowners assisting in removal of up to 20 horses a month from the properties.
Mr. Busselman said if the landowner goes to the department that has authority to remove or solve feral horse problems, and are unable to resolve the problems due to lack of funding, what then happens? Where do they go to receive help?
Chairman Rhoads asked Mr. Henderson if there are many requests for gathering feral horses. He asked if the State Department of Agriculture could attend to all of the requests. Mr. Henderson replied the only place there was a problem was on the extreme eastern side of the herd area where there is a BLM grazing allotment. A horse gathering took place in August 2002. Chairman Rhoads asked if the State Department of Agriculture does the gathering of feral horses for landowners when requested. Mr. Henderson replied by law they are required to do so.
Mr. Busselman said one of the issues was getting those feral horses into the corral so the department can gather them. He said the trapping program has not worked in the past. He said the other issue is the management capabilities after a gathering is limited. Also there was a problem with the adoption process. Mr. Busselman said it was indicated by Mr. Henderson the State Department of Agriculture was capable of taking 20 horses a month.
Mr. Henderson said in the Executive Budget there is a proposal to establish base funding for this program of approximately $80,000 to $90,000. Mr. Henderson said there are approximately 1200 horses on the Virginia City Highlands range. He said the department is committed to gather 250 to 350 horses annually over a 5-year period of time. The caring level for this range was approximately 550 horses, which would be monitored. Mr. Henderson said during this process the department will also be reacting to requests by the landowners regarding feral livestock.
SENATOR CARLTON MOVED TO ADOPT THE AMENDMENT SUBMITTED BY THE STATE DEPARTMENT OF AGRICULTURE TO S.B. 486.
SENATOR SCHNEIDER SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
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Chairman Rhoads said the second amendment to change the term from feral to nondomestic, free-roaming horses would create a problem in the statutes.
Chairman Rhoads said the third amendment has valid points from the Nevada Farm Bureau and State Department of Agriculture. By establishing funds, the program of gathering feral horses could prove to be beneficial to the State Department of Agriculture.
SENATOR SCHNEIDER MOVED TO AMEND AND DO PASS S.B. 486.
SENATOR MCGINNESS SECONDED THE MOTION
THE MOTION CARRIED UNANIMOUSLY.
*****
Chairman Rhoads closed the work session on Senate Bill 486 and opened the work session on Senate Bill 58.
SENATE BILL 58: Makes various changes concerning laboratories that perform certain analyses relating to hazardous waste and regulated substances. (BDR 40-943)
Assemblyman Jason D. Geddes, Assembly District No. 24, said he would like to support S.B. 58. He said at one time he worked for a laboratory and often fell under this provision.
Larry W. Bennett, Lobbyist, U.S. Ecology Corporation, gave written testimony of a proposed amendment (Exhibit D).
Peter D. Krueger, Lobbyist, Nevada Petroleum Marketers and Convenience Store Association, provided his written testimony (Exhibit E).
SENATOR AMODEI MOVED TO AMEND AND DO PASS S.B. 58 WITH BOTH AMENDMENTS.
SENATOR CARLTON SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
*****
Chairman Rhoads opened the work session on S.B. 419.
SENATE BILL 419: Makes various changes to provisions governing Pollution Control Account administered by Department of Motor Vehicles. (BDR 40-1266)
SENATOR AMODEI MOVED TO DO PASS S.B. 419.
SENATOR MCGINNESS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR CARLTON VOTED NO.)
Chairman Rhoads opened the work session on S.B. 484.
SENATE BILL 484: Makes various changes concerning provisions relating to Garlic and Onion Growers’ Advisory Board and certain assessments levied upon growers of garlic or onions. (BDR 49-1274)
SENATOR AMODEI MOVED TO DO PASS S.B. 484.
SENATOR CARLTON SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
*****
Chairman Rhoads opened the work session on S.B. 485.
SENATE BILL 485: Makes various changes to provisions governing weights and measures. (BDR 51-565)
Chairman Rhoads said there was a concern expressed by Senator Carlton regarding S.B. 485. Mr. Welden read the proposed amendment (Exhibit F).
SENATOR CARLTON MOVED TO AMEND AND DO PASS S.B. 485.
SENATOR SHAFFER SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
*****
There being no further business, Chairman Rhoads adjourned the hearing at 12:55 p.m.
RESPECTFULLY SUBMITTED:
Gina Rasner,
Committee Secretary
APPROVED BY:
Senator Dean A. Rhoads, Chairman
DATE: