Assembly Bill No. 509–Assemblyman Carpenter

March 12, 1999

____________

Referred to Committee on Natural Resources,
Agriculture and Mining

 

SUMMARY—Authorizes county to gather and sell feral horses. (BDR 50-1587)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

~

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to animals of the equine species; authorizing a county to gather and sell feral horses; providing for the disposition of the money received from such a sale; authorizing a county to enter into certain cooperative agreements relating to feral horses; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 569 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 to 9, inclusive, of this act.

1-3 Sec. 2. As used in this chapter, unless the context otherwise requires,

1-4 "division" means the division of agriculture of the department of

1-5 business and industry.

1-6 Sec. 3. 1. As used in sections 3 to 9, inclusive, of this act, unless

1-7 the context otherwise requires, "feral horse" means a horse, mule, burro,

1-8 ass or other animal of the equine species that is running at large upon

1-9 any public or private lands in the State of Nevada and that has reverted

1-10 to a wild state from a domestic state.

1-11 2. The term does not include a horse or burro that is subject to the

1-12 jurisdiction of the Federal Government pursuant to the Wild

1-13 Free-Roaming Horses and Burros Act, 16 U.S.C. §§ 1331 to 1340,

1-14 inclusive, and the regulations adopted pursuant thereto, or any other

1-15 federal statute or regulation.

2-1 Sec. 4. 1. A county may consult with the Secretary of the Interior,

2-2 the Secretary of Agriculture or a representative from the Bureau of Land

2-3 Management or the United States Forest Service concerning the status of

2-4 any horse or burro that is running at large upon any public or private

2-5 lands that are located within the county.

2-6 2. A feral horse that is running at large upon:

2-7 (a) Any public lands outside of a wild horse or burro area designated

2-8 by the Federal Government; or

2-9 (b) Any private lands,

2-10 that are located within a county shall be deemed for the purpose of this

2-11 section to be the property of the county.

2-12 3. The county has all rights accruing pursuant to the laws of this

2-13 state to owners of such animals, and may:

2-14 (a) Dispose of feral horses by sale through an agent appointed by the

2-15 county; or

2-16 (b) Provide for the control, placement or disposition of feral horses

2-17 through cooperative agreements pursuant to section 5 of this act.

2-18 4. Neither the county nor any other political subdivision of this state

2-19 is liable for trespass or any other damage caused by any of the feral

2-20 horses.

2-21 Sec. 5. The county may enter into a cooperative agreement for the

2-22 control, placement or disposition of a feral horse with another county or

2-23 with a city, town, township, agency of this state, peace officer,

2-24 poundmaster or other person.

2-25 Sec. 6. 1. Before a county gathers any feral horses, it shall cause

2-26 notice of the gathering to be published in a newspaper of general

2-27 circulation within the county in which the gathering is to take place.

2-28 2. The notice must:

2-29 (a) Be published at least once a week for the 4 weeks preceding the

2-30 gathering;

2-31 (b) Clearly identify the area in which the gathering is to take place

2-32 and the date and time of the gathering;

2-33 (c) Indicate a location where owners or possible owners of the feral

2-34 horses may go to claim a feral horse that was gathered; and

2-35 (d) List the name and telephone number of a person who may be

2-36 contacted if an owner or possible owner is interested in viewing the feral

2-37 horses gathered.

2-38 Sec. 7. 1. Except as otherwise provided in subsection 3, if the

2-39 owner or probable owner of a feral horse cannot with reasonable

2-40 diligence be determined by the division, the county shall advertise the

2-41 feral horse or cause it to be advertised.

3-1 2. A notice of the feral horse, with a full description, giving brands,

3-2 marks and colors thereon, must be published in a newspaper published at

3-3 the county seat of the county in which the feral horse was gathered. If

3-4 there is no newspaper published at the county seat of the county, the

3-5 notice must be published in the newspaper published at the nearest

3-6 location to that county seat.

3-7 3. The county may sell an injured, sick or otherwise debilitated feral

3-8 horse without advertising if, as determined by the county, the sale of the

3-9 feral horse is necessary to facilitate the placement or other disposition of

3-10 the feral horse. If a feral horse is sold pursuant to this subsection, the

3-11 division shall give a brand inspection clearance certificate to the

3-12 purchaser.

3-13 Sec. 8. 1. If a feral horse is not claimed within 5 working days

3-14 after the last publication of the advertisement required by section 7 of

3-15 this act, it must be:

3-16 (a) Sold by the county; or

3-17 (b) Held by the county until given a placement or other disposition

3-18 through a cooperative agreement established pursuant to section 5 of this

3-19 act.

3-20 2. If the county sells the feral horse, the division shall give a brand

3-21 inspection clearance certificate to the purchaser.

3-22 3. Feral horses must be marked or branded before placement in

3-23 accordance with the provisions of chapter 564 of NRS.

3-24 Sec. 9. 1. Except as otherwise provided pursuant to a cooperative

3-25 agreement established pursuant to section 5 of this act, the county shall:

3-26 (a) Pay the reasonable expenses incurred in gathering, holding,

3-27 advertising and selling a feral horse out of the proceeds of the sale of the

3-28 feral horse and shall deposit the remaining proceeds in an interest-

3-29 bearing checking account in a bank qualified to receive deposits of

3-30 public money. One-half of the remaining proceeds from the sale and

3-31 one-half of any interest on those proceeds, which are not claimed

3-32 pursuant to subsection 2 within 1 year after the sale, must be deposited in

3-33 the county general fund and accounted for separately. The other one-

3-34 half of the remaining proceeds from the sale and one-half of any interest

3-35 on those proceeds, which are not claimed pursuant to subsection 2 within

3-36 1 year after the sale, must be transferred to the division and deposited in

3-37 the state treasury for credit to the livestock inspection account.

3-38 (b) Make a complete record of the transaction, including the marks

3-39 and brands and other means of identification of the feral horse, and shall

3-40 keep the record open to inspection by the general public.

3-41 2. If the lawful owner of a feral horse is found within 1 year after its

3-42 sale and proves ownership to the satisfaction of the county, the net

3-43 amount received from the sale must be paid to the owner.

4-1 3. If any claim pending after the expiration of 1 year after the date of

4-2 sale is denied, one-half of the remaining proceeds from the sale and one-

4-3 half of any interest on those proceeds must be deposited in the county

4-4 general fund and accounted for separately. The other one-half of the

4-5 remaining proceeds from the sale and one-half of any interest on those

4-6 proceeds must be transferred to the division and deposited in the livestock

4-7 inspection account.

4-8 Sec. 10. NRS 569.005 is hereby amended to read as follows:

4-9 569.005 As used in NRS 569.010 to 569.130, inclusive, unless the

4-10 context otherwise requires:

4-11 1. ["Division" means the division of agriculture of the department of

4-12 business and industry.

4-13 2.] "Estray" means any livestock running at large upon public or

4-14 private lands in the State of Nevada, whose owner is unknown in the

4-15 section where the animal is found.

4-16 [3.] 2. "Livestock" means:

4-17 (a) All cattle or animals of the bovine species;

4-18 (b) All horses, mules, burros and asses or animals of the equine species;

4-19 (c) All swine or animals of the porcine species;

4-20 (d) All goats or animals of the caprine species;

4-21 (e) All sheep or animals of the ovine species; and

4-22 (f) All poultry or domesticated fowl or birds.

~