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; requiring the division of wildlife of the state department of conservation and natural resources to contract with a private entity to conduct a drawing to award tags for special seasons; prohibiting certain acts relating to dogs used in exhibitions, shows, contests or other 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. Chapter 502 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. Before tags are issued for a special season, the division shall

1-4 contract with a private entity to conduct a drawing and to award the tags.

1-5 The drawing must be conducted using a computer program that awards

1-6 tags based on a random order of selection. The division shall solicit bids

1-7 for the contract pursuant to the provisions of chapter 333 of NRS.

1-8 2. The division shall:

1-9 (a) Provide to the private entity to whom a contract is awarded

1-10 pursuant to the provisions of subsection 1 any applications for tags,

1-11 documents or other information required by the private entity to conduct

1-12 the drawing; and

1-13 (b) Otherwise cooperate with the private entity in conducting the

1-14 drawing.

1-15 3. Within 10 days after the drawing is completed, the private entity

1-16 shall submit the results of the drawing to the division.

2-1 4. If no private entity qualifies for the awarding of the contract

2-2 specified in subsection 1, the division shall conduct a drawing to award

2-3 tags for a special season in the manner set forth in the regulations

2-4 adopted by the commission pursuant to the provisions of subsection 5.

2-5 5. The commission shall adopt regulations necessary to carry out the

2-6 provisions of this section, including regulations that prescribe the

2-7 manner in which the division must conduct a drawing specified in

2-8 subsection 1 if no private entity qualifies for the awarding of the

2-9 contract.

2-10 Sec. 2. NRS 242.131 is hereby amended to read as follows:

2-11 242.131 1. The department shall provide state agencies and elected

2-12 state officers with all of their required design of information systems. All

2-13 agencies and officers must use those services and equipment, except as

2-14 otherwise provided in subsection 2.

2-15 2. The following agencies may negotiate with the department for its

2-16 services or the use of its equipment, subject to the provisions of this

2-17 chapter, and the department shall provide [such] those services and the use

2-18 of [such] that equipment as may be mutually agreed:

2-19 (a) [Court] The court administrator;

2-20 (b) [Department] The department of motor vehicles and public safety;

2-21 (c) [Department] The department of transportation;

2-22 (d) [Employment] The employment security division of the department

2-23 of employment, training and rehabilitation;

2-24 (e) [Legislative] The division of wildlife of the state department of

2-25 conservation and natural resources;

2-26 (f) The legislative counsel bureau;

2-27 [(f) State]

2-28 (g) The state industrial insurance system;

2-29 [(g) State controller;

2-30 (h) State]

2-31 (h) The state controller;

2-32 (i) The state gaming control board and Nevada gaming commission; and

2-33 [(i)] (j) The University and Community College System of Nevada.

2-34 3. Any state agency or elected state officer who uses the services of the

2-35 department and desires to withdraw substantially from that use must apply

2-36 to the director for approval. The application must set forth justification for

2-37 the withdrawal. If the director denies the application, the agency or officer

2-38 must:

2-39 (a) If the legislature is in regular or special session, obtain the approval

2-40 of the legislature by concurrent resolution.

2-41 (b) If the legislature is not in regular or special session, obtain the

2-42 approval of the interim finance committee. The director shall, within 45

2-43 days after receipt of the application, forward the application together with

3-1 his recommendation for approval or denial to the interim finance

3-2 committee. The interim finance committee has 45 days after the application

3-3 and recommendation are submitted to its secretary within which to consider

3-4 the application. Any application which is not considered by the committee

3-5 within the 45-day period shall be deemed approved.

3-6 4. If the demand for services or use of equipment exceeds the

3-7 capability of the department to provide them, the department may contract

3-8 with other agencies or independent contractors to furnish the required

3-9 services or use of equipment and is responsible for the administration of the

3-10 contracts.

3-11 Sec. 3. Chapter 574 of NRS is hereby amended by adding thereto a

3-12 new section to read as follows:

3-13 A person who:

3-14 1. Willfully and unjustifiably kills or injures a dog owned by another

3-15 person that is used in an exhibition, show, contest or other event in which

3-16 the skill, breeding or stamina of the dog is judged or examined;

3-17 2. Willfully, unjustifiably and maliciously tampers or interferes with

3-18 a dog owned by another person that is used in an exhibition, show,

3-19 contest or other event in which the skill, breeding or stamina of the dog is

3-20 judged or examined; or

3-21 3.  Willfully and unjustifiably sets on foot, instigates, engages in or in

3-22 any way furthers an act by which a dog specified in subsection 1 is killed,

3-23 injured or tampered or interfered with,

3-24 is guilty of a category E felony and shall be punished in accordance with

3-25 the provisions of NRS 193.130.

3-26 Sec. 4. NRS 574.050 is hereby amended to read as follows:

3-27 574.050 As used in NRS 574.050 to 574.200, inclusive [:] , and

3-28 section 3 of this act:

3-29 1. "Animal" does not include the human race, but includes every other

3-30 living creature.

3-31 2. "Torture" or "cruelty" includes every act, omission or neglect,

3-32 whereby unjustifiable physical pain, suffering or death is caused or

3-33 permitted.

3-34 Sec. 5. NRS 574.100 is hereby amended to read as follows:

3-35 574.100 Except as otherwise provided in section 3 of this act or in

3-36 any case involving a willful or malicious act for which a greater penalty is

3-37 provided by NRS 206.150, a person who:

3-38 1. Overdrives, overloads, tortures or cruelly beats or unjustifiably

3-39 injures, maims, mutilates or kills any animal, whether belonging to himself

3-40 or to another;

4-1 2. Deprives any animal of necessary sustenance, food or drink, or

4-2 neglects or refuses to furnish it such sustenance or drink;

4-3 3. Causes, procures or permits any animal to be overdriven,

4-4 overloaded, tortured, cruelly beaten, or unjustifiably injured, maimed,

4-5 mutilated or killed, or to be deprived of necessary food or drink;

4-6 4. Willfully sets on foot, instigates, engages in, or in any way furthers

4-7 an act of cruelty to any animal, or any act tending to produce such cruelty;

4-8 or

4-9 5. Abandons an animal in circumstances other than those prohibited in

4-10 NRS 574.110,

4-11 is guilty of a misdemeanor.

4-12 Sec. 6. Section 17 of chapter 507, Statutes of Nevada 1991, at page

4-13 1578, is hereby repealed.

4-14 Sec. 7. The amendatory provisions of this act do not apply to offenses

4-15 that were committed before October 1, 1999.

 

4-16 TEXT OF REPEALED SECTION

 

4-17 Section 17 of chapter 507, Statutes of Nevada 1991:

4-18 Sec. 17. 1. The department of wildlife shall solicit bids in

4-19 accordance with state law for the development of a computer

4-20 program for the issuance of tags for special seasons.

4-21 2. The request for proposals must indicate, and any contract

4-22 awarded must provide, that the following conditions apply to the

4-23 contract for the development of a computer program pursuant to

4-24 this section:

4-25 (a) The contract must result in the establishment of a complete

4-26 system, that can be readily changed, of applications and drawings

4-27 for, and the issuance of, tags.

4-28 (b) The contract must allow access to and the use of existing

4-29 data and files of the department, to the extent necessary to carry out

4-30 the contract.

4-31 (c) The department must acquire ownership of the computer

4-32 program at the end of the term of the contract.

4-33 3. The department must award the contract for the development

4-34 of the computer program to a private entity unless no qualified bids

4-35 are received. If no qualified bids are received, the program may be

4-36 developed by a public agency.

4-37 4. Before submitting a contract proposed pursuant to this

4-38 section to the state board of examiners for approval, the director of

4-39 the department of wildlife shall submit the qualified bid or bids

4-40 received by the department to the interim finance committee for its

4-41 advisory review.

5-1 5. The program developed pursuant to this section must be used

5-2 for all drawings of tags on or after January 1, 1993, for special

5-3 seasons.

5-4 6. As used in this section, "special season" has the meaning

5-5 ascribed to it in NRS 501.085.

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