Senate Bill No. 211–Senator O’Connell

February 17, 1999

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Referred to Committee on Natural Resources

 

SUMMARY—Makes various changes to provisions concerning animals. (BDR 45-718)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

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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; revising the provisions relating to nominations for appointments to and the qualifications of certain members of the board of wildlife commissioners; requiring the board to establish its policies and regulations according to principles of sound scientific management; requiring the board of wildlife commissioners to approve the budget of the division of wildlife of the state department of conservation and natural resources; requiring the division to contract with a private entity to conduct a drawing to award tags for special seasons; prohibiting a person from willfully and unjustifiably killing, injuring or interfering with an animal used in certain events; providing a penalty; 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. NRS 501.171 is hereby amended to read as follows:

1-2 501.171 1. [A county advisory board to manage wildlife] Each

1-3 board shall submit written nominations for appointments to the commission

1-4 upon the request of the governor and may submit nominations at any other

1-5 time.

1-6 2. After consideration of the written nominations submitted by [a

1-7 county advisory board to manage wildlife] those boards and any additional

1-8 candidates for appointment to the commission, the governor shall appoint

1-9 to the commission:

1-10 (a) One member who is a certified public accountant certified pursuant

1-11 to chapter 628 of NRS and actively engaged in [the conservation of

1-12 wildlife;] accounting;

1-13 (b) One member who is actively engaged in farming;

1-14 (c) One member who is actively engaged in ranching;

2-1 (d) One member who represents the interests of the general public; and

2-2 (e) Five members who during at least 3 of the 4 years immediately

2-3 preceding their appointment held a resident license to fish or hunt, or both,

2-4 in Nevada.

2-5 3. The governor shall not appoint to the commission any person who

2-6 has been convicted of:

2-7 (a) A gross misdemeanor for a violation of NRS 501.376, 502.060 or

2-8 504.395; or

2-9 (b) Two or more violations of the provisions of chapters 501 to 504,

2-10 inclusive, of NRS,

2-11 during the previous [10] 5 years.

2-12 4. Not more than three members of the commission may be from the

2-13 same county whose population is 400,000 or more, not more than two

2-14 members may be from the same county whose population is 100,000 or

2-15 more but less than 400,000, and not more than one member may be from

2-16 the same county whose population is less than 100,000.

2-17 5. The commission shall annually select a chairman and a vice

2-18 chairman from among its members. A person shall not serve more than two

2-19 consecutive terms as chairman.

2-20 Sec. 2. NRS 501.171 is hereby amended to read as follows:

2-21 501.171 1. Each board shall submit [written nominations for

2-22 appointments to the commission upon the request of the governor and may

2-23 submit nominations at any other time.

2-24 2. After consideration of the written nominations submitted by those

2-25 boards and any additional candidates for appointment to the commission,

2-26 the] to the governor, in writing, the names of persons it wishes to

2-27 nominate for the appointments made to the commission pursuant to

2-28 paragraph (e) of subsection 2. A county advisory board shall not

2-29 nominate a candidate for appointment to the commission if the candidate

2-30 does not have the qualifications required pursuant to this section.

2-31 2. The governor shall appoint to the commission:

2-32 (a) One member who is a certified public accountant certified pursuant

2-33 to chapter 628 of NRS and actively engaged in accounting;

2-34 (b) One member who is actively engaged in farming;

2-35 (c) One member who is actively engaged in ranching;

2-36 (d) One member who represents the interests of the general public; and

2-37 (e) [Five] From the nominations submitted pursuant to subsection 1,

2-38 five members who during at least 3 of the 4 years immediately preceding

2-39 their appointment held a resident license to fish or hunt, or both, in Nevada.

2-40 3. The governor shall not appoint to the commission any person who

2-41 has been convicted of:

2-42 (a) A gross misdemeanor for a violation of NRS 501.376, 502.060 or

2-43 504.395; or

3-1 (b) Two or more violations of the provisions of chapters 501 to 504,

3-2 inclusive, of NRS,

3-3 during the previous 5 years.

3-4 4. Not more than three members of the commission may be from the

3-5 same county whose population is 400,000 or more, not more than two

3-6 members may be from the same county whose population is 100,000 or

3-7 more but less than 400,000, and not more than one member may be from

3-8 the same county whose population is less than 100,000.

3-9 5. The commission shall annually select a chairman and a vice

3-10 chairman from among its members. A person shall not serve more than two

3-11 consecutive terms as chairman.

3-12 Sec. 3. NRS 501.181 is hereby amended to read as follows:

3-13 501.181 The commission shall:

3-14 1. Establish broad policies for:

3-15 (a) The protection, propagation, restoration, transplanting, introduction

3-16 and management of wildlife in this state.

3-17 (b) The promotion of the safety of persons using or property used in the

3-18 operation of vessels on the waters of this state.

3-19 (c) The promotion of uniformity of laws relating to policy matters.

3-20 2. Guide the division in its administration and enforcement of the

3-21 provisions of this Title and of chapter 488 of NRS by the establishment of

3-22 such policies.

3-23 3. Establish policies for areas of interest including:

3-24 (a) The management of big and small game mammals, upland and

3-25 migratory game birds, fur-bearing mammals, game fish, and protected and

3-26 unprotected mammals, birds, fish, reptiles and amphibians.

3-27 (b) The control of wildlife depredations.

3-28 (c) The acquisition of lands, water rights and easements and other

3-29 property for the management, propagation, protection and restoration of

3-30 wildlife.

3-31 (d) The entry, access to, and occupancy and use of such property,

3-32 including leases of grazing rights, sales of agricultural products and

3-33 requests by the administrator to the state land registrar for the sale of timber

3-34 if the sale does not interfere with the use of the property on which the

3-35 timber is located for wildlife management or for hunting or fishing thereon.

3-36 (e) The control of nonresident hunters.

3-37 (f) The introduction, transplanting or exporting of wildlife.

3-38 (g) Cooperation with federal, state and local agencies on wildlife and

3-39 boating programs.

3-40 (h) The revocation of licenses issued pursuant to this Title to any person

3-41 who is convicted of a violation of any provision of this Title or any

3-42 regulation adopted pursuant thereto.

4-1 4. Establish regulations necessary to carry out the provisions of this

4-2 Title and of chapter 488 of NRS, including:

4-3 (a) Regular and special seasons for hunting game mammals and game

4-4 birds, for hunting or trapping fur-bearing mammals and for fishing, the

4-5 daily and possession limits, the manner and means of taking wildlife,

4-6 including, but not limited to, the sex, size or other physical differentiation

4-7 for each species, and, when necessary for management purposes, the

4-8 emergency closing or extending of a season, reducing or increasing of the

4-9 bag or possession limits on a species, or the closing of any area to hunting,

4-10 fishing or trapping. The regulations must be established after first

4-11 considering the recommendations of the division, the county advisory

4-12 boards to manage wildlife and [others] other persons who wish to present

4-13 their views at an open meeting. Any regulations relating to the closure of a

4-14 season must be based upon scientific data concerning the management of

4-15 wildlife. The data upon which the regulations are based must be collected

4-16 or developed by the division.

4-17 (b) The manner of using, attaching, filling out, punching, inspecting,

4-18 validating or reporting tags.

4-19 (c) The delineation of game management units embracing contiguous

4-20 territory located in more than one county, irrespective of county boundary

4-21 lines.

4-22 (d) The number of licenses issued to nonresidents for big game and, if

4-23 necessary, other game species for the regular and special seasons.

4-24 5. Adopt regulations requiring the division to make public, before

4-25 official delivery, its proposed responses to any requests by federal agencies

4-26 for its comment on drafts of statements concerning the environmental effect

4-27 of proposed actions or regulations affecting public lands.

4-28 6. Adopt regulations:

4-29 (a) Governing the provisions of the permit required by NRS 502.390

4-30 and for the issuance, renewal and revocation of such a permit.

4-31 (b) Establishing the method for determining the amount of an

4-32 assessment and the time and manner of payment, necessary for the

4-33 collection of the assessment required by NRS 502.390.

4-34 7. Designate those portions of wildlife management areas for big game

4-35 mammals that are of special concern for the regulation of the importation,

4-36 possession and propagation of alternative livestock pursuant to NRS

4-37 576.129.

4-38 In establishing policies or adopting regulations pursuant to this section,

4-39 the commission shall, to the greatest extent practicable, use principles of

4-40 sound scientific management.

4-41 Sec. 4. NRS 501.337 is hereby amended to read as follows:

4-42 501.337 The administrator shall:

4-43 1. Carry out the policies and regulations of the commission.

5-1 2. Direct and supervise all administrative and operational activities of

5-2 the division, and all programs administered by the division as provided by

5-3 law. Except as otherwise provided in NRS 284.143, the administrator shall

5-4 devote his entire time to the duties of his office and shall not follow any

5-5 other gainful employment or occupation.

5-6 3. Within such limitations as [may be] provided by law, organize the

5-7 division and, from time to time with the consent of the commission, alter

5-8 the organization. The administrator shall reassign responsibilities and

5-9 duties as he [may deem] deems appropriate.

5-10 4. Appoint or remove such technical, clerical and operational staff as

5-11 the execution of his duties and the operation of the division may require,

5-12 and all those employees are responsible to him for the proper carrying out

5-13 of the duties and responsibilities of their respective positions. The

5-14 administrator shall designate a number of employees as game wardens and

5-15 provide for their training.

5-16 5. Submit technical and other reports to the commission as may be

5-17 necessary or as may be requested, which will enable the commission to

5-18 establish policy and regulations.

5-19 6. Prepare the biennial budget of the division consistent with the

5-20 provisions of this Title and chapter 488 of NRS and submit it to the

5-21 commission for its review and [comment.] approval.

5-22 7. Administer real property assigned to the division.

5-23 8. Maintain full control, by proper methods and inventories, of all

5-24 personal property of the state acquired and held for the purposes

5-25 contemplated by this Title and by chapter 488 of NRS.

5-26 9. Act as nonvoting secretary to the commission.

5-27 Sec. 5. NRS 501.356 is hereby amended to read as follows:

5-28 501.356 1. Money received by the division from:

5-29 (a) The sale of licenses;

5-30 (b) Fees pursuant to the provisions of NRS 488.075 and 488.1795;

5-31 (c) Remittances from the state treasurer pursuant to the provisions of

5-32 NRS 365.535;

5-33 (d) Appropriations made by the legislature; and

5-34 (e) All other sources, except money derived from the forfeiture of any

5-35 property described in NRS 501.3857 or money deposited in the wildlife

5-36 heritage trust account pursuant to NRS 501.3575,

5-37 must be deposited with the state treasurer for credit to the wildlife account

5-38 in the state general fund.

5-39 2. The interest and income earned on the money in the wildlife

5-40 account, after deducting any applicable charges, must be credited to the

5-41 account.

6-1 3. Except as otherwise provided in subsection 4, the division may use

6-2 money in the wildlife account only to carry out the provisions of this Title

6-3 and chapter 488 of NRS and as provided in NRS 365.535, and the money

6-4 must not be diverted to any other use.

6-5 4. Except as otherwise provided in NRS 502.250, 502.310 and

6-6 504.155, all fees for the sale or issuance of stamps, tags, permits and

6-7 licenses that are required to be deposited in the wildlife account pursuant to

6-8 the provisions of this Title must be accounted for separately and [may]

6-9 must be used only for the management of [wildlife.] game fish, game

6-10 birds, game mammals, fur-bearing mammals and the control of

6-11 predatory animals.

6-12 Sec. 6. Chapter 502 of NRS is hereby amended by adding thereto a

6-13 new section to read as follows:

6-14 1. Before issuing tags for a special season to applicants for those

6-15 tags, the division shall contract with a private entity to conduct a drawing

6-16 to award the tags. The drawing must be conducted using a computer

6-17 program that awards tags based on a random order of selection. The

6-18 division shall solicit bids for the contract in accordance with state law.

6-19 2. The division shall:

6-20 (a) Provide to the private entity to whom a contract is awarded

6-21 pursuant to the provisions of subsection 1 any applications for tags,

6-22 documents or other information required by the private entity to conduct

6-23 the drawing; and

6-24 (b) Otherwise cooperate with the private entity in conducting the

6-25 drawing.

6-26 3. Within 10 days after the drawing is completed, the private entity

6-27 shall submit the results of the drawing to the division for the issuance of

6-28 tags to the applicants who are awarded tags pursuant to the drawing. The

6-29 division shall not issue a tag pursuant to the provisions of this section to

6-30 a person who not has been awarded a tag in accordance with the

6-31 provisions of this section.

6-32 4. If a private entity does not qualify for an award of the contract

6-33 specified in subsection 1, the division shall conduct a drawing to award

6-34 tags for a special season in the manner set forth in the regulations

6-35 adopted by the commission pursuant to the provisions of subsection 5.

6-36 5. The commission shall adopt such regulations as are necessary to

6-37 carry out the provisions of this section. The regulations must include,

6-38 without limitation:

6-39 (a) The requirements for a private entity to qualify for an award of a

6-40 contract specified in subsection 1;

6-41 (b) The provisions required to be included in the contract; and

7-1 (c) The manner in which the division must conduct a drawing

7-2 specified in subsection 1 if a private entity does not qualify for an award

7-3 of the contract.

7-4 Sec. 7. Chapter 574 of NRS is hereby amended by adding thereto a

7-5 new section to read as follows:

7-6 A person who willfully and unjustifiably:

7-7 1. Kills, injures or tampers or interferes with an animal belonging to

7-8 another person that is used in an exhibition, show, contest or other event

7-9 in which the skill, breeding or stamina of the animal is judged or

7-10 examined; or

7-11 2. Sets on foot, instigates, engages in or in any way furthers an act by

7-12 which an animal specified in subsection 1 is killed, injured or tampered

7-13 or interfered with,

7-14 is guilty of a category E felony and shall be punished in accordance with

7-15 the provisions of NRS 193.130.

7-16 Sec. 8. NRS 574.050 is hereby amended to read as follows:

7-17 574.050 As used in NRS 574.050 to 574.200, inclusive [:] , and

7-18 section 7 of this act:

7-19 1. "Animal" does not include the human race, but includes every other

7-20 living creature.

7-21 2. "Torture" or "cruelty" includes every act, omission or neglect,

7-22 whereby unjustifiable physical pain, suffering or death is caused or

7-23 permitted.

7-24 Sec. 9. NRS 574.100 is hereby amended to read as follows:

7-25 574.100 Except as otherwise provided in section 7 of this act or in

7-26 any case involving a willful or malicious act for which a greater penalty is

7-27 provided by NRS 206.150, a person who:

7-28 1. Overdrives, overloads, tortures or cruelly beats or unjustifiably

7-29 injures, maims, mutilates or kills any animal, whether belonging to himself

7-30 or to another;

7-31 2. Deprives any animal of necessary sustenance, food or drink, or

7-32 neglects or refuses to furnish it such sustenance or drink;

7-33 3. Causes, procures or permits any animal to be overdriven,

7-34 overloaded, tortured, cruelly beaten, or unjustifiably injured, maimed,

7-35 mutilated or killed, or to be deprived of necessary food or drink;

7-36 4. Willfully sets on foot, instigates, engages in, or in any way furthers

7-37 an act of cruelty to any animal, or any act tending to produce such cruelty;

7-38 or

7-39 5. Abandons an animal in circumstances other than those prohibited in

7-40 NRS 574.110,

7-41 is guilty of a misdemeanor.

7-42 Sec. 10. The amendatory provisions of this act do not apply to

7-43 offenses that were committed before October 1, 1999.

8-1 Sec. 11. Notwithstanding any other provision of law, the term of office

8-2 of a member of the board of wildlife commissioners who was appointed to

8-3 the board pursuant to paragraph (a) of subsection 2 of NRS 501.171 before

8-4 October 1, 1999, expires on that date. As soon as practicable after that date,

8-5 the governor shall appoint a member who is qualified pursuant to that

8-6 paragraph to an initial term that expires on February 1, 2003.

8-7 Sec. 12. Notwithstanding any other provision of law, the term of office

8-8 of a member of the board of wildlife commissioners who:

8-9 1. Was appointed to the board pursuant to paragraph (e) of subsection

8-10 2 of NRS 501.171 before October 1, 2001; or

8-11 2. Is appointed or reappointed to the board pursuant to paragraph (e) of

8-12 subsection 2 of NRS 501.171 on or after October 1, 2001, but before

8-13 January 15, 2003,

8-14 expires on January 15, 2003.

8-15 Sec. 13. As soon as practicable after January 15, 2003, the governor

8-16 shall appoint the following five successor members who are qualified

8-17 pursuant to paragraph (e) of subsection 2 of NRS 501.171 to the board of

8-18 wildlife commissioners:

8-19 1. One member whose term begins on January 15, 2003, and expires on

8-20 February 1, 2004.

8-21 2. Two members whose terms begin on January 15, 2003, and expire

8-22 on February 1, 2005.

8-23 3. Two members whose terms begin on January 15, 2003, and expire

8-24 on February 1, 2006.

8-25 Sec. 14. 1. This section and sections 1 and 3 to 11, inclusive, of this

8-26 act become effective on October 1, 1999.

8-27 2. Sections 2, 12 and 13 of this act become effective on January 15,

8-28 2003.

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