Senate Bill No. 26–Senator Titus

Prefiled January 22, 1999

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Referred to Committee on Natural Resources

 

SUMMARY—Prohibits horse tripping and increases penalty for killing wild horse. (BDR 45-32)

FISCAL NOTE: Effect on Local Government: Yes.

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 horses; increasing the penalty for killing a wild horse; making it unlawful to trip or fell a horse for entertainment or sport under certain circumstances; 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 504.490 is hereby amended to read as follows:

1-2 504.490 1. Any person, not authorized to do so, who:

1-3 [1.] (a) Removes or attempts to remove a wild horse from the public

1-4 lands;

1-5 [2.] (b) Converts a wild horse to private use;

1-6 [3.] (c) Harasses a wild horse [or kills a wild horse;

1-7 4.] ;

1-8 (d) Uses an aircraft or a motor vehicle to hunt any wild horse;

1-9 [5.] (e) Pollutes or causes the pollution of a watering hole on public

1-10 land to trap, wound [, kill] or maim a wild horse;

1-11 [6.] (f) Makes or causes the remains of a wild horse to be made into

1-12 any commercial product;

1-13 [7.] (g) Sells a wild horse which strays onto private property; or

1-14 [8.] (h) Willfully violates a regulation adopted by the commission for

1-15 the preservation of wild horses,

1-16 is guilty of a gross misdemeanor.

1-17 2. Any person, not legally authorized to do so, who intentionally kills

1-18 a wild horse, is guilty of a category E felony and shall be punished as

1-19 provided in NRS 193.130.

2-1 Sec. 2. Chapter 574 of NRS is hereby amended by adding thereto a

2-2 new section to read as follows:

2-3 1. It is unlawful for a person who:

2-4 (a) Participates in a public exhibition to intentionally trip or fell a

2-5 horse by the legs, by any means, for the purpose of entertainment or

2-6 sport.

2-7 (b) Presents a public exhibition to permit a participant to engage in the

2-8 conduct prohibited by paragraph (a).

2-9 2. As used in this section:

2-10 (a) "Horse" means an animal of the equine species.

2-11 (b) "Trip or fell" means to cause a horse to fall or lose its balance with

2-12 the use of a wire, pole, stick, rope or other object. The term does not

2-13 include the lawful laying down of a horse for medical purposes or for the

2-14 purposes of identification.

2-15 Sec. 3. NRS 574.050 is hereby amended to read as follows:

2-16 574.050 As used in NRS 574.050 to 574.200, inclusive [:] , and section

2-17 2 of this act, unless the context otherwise requires:

2-18 1. "Animal" does not include the human race, but includes every other

2-19 living creature.

2-20 2. "Torture" or "cruelty" includes every act, omission or neglect [,]

2-21 whereby unjustifiable physical pain, suffering or death is caused or

2-22 permitted.

2-23 Sec. 4. NRS 574.100 is hereby amended to read as follows:

2-24 574.100 [Except in any case involving a willful or malicious act for

2-25 which] Unless a greater penalty is provided by NRS 206.150 [,] or 504.490,

2-26 a person who:

2-27 1. Overdrives, overloads, tortures or cruelly beats or unjustifiably

2-28 injures, maims, mutilates or kills any animal, whether belonging to himself

2-29 or to another;

2-30 2. Deprives any animal of necessary sustenance, food or drink, or

2-31 neglects or refuses to furnish it such sustenance or drink;

2-32 3. Causes, procures or permits any animal to be overdriven, overloaded,

2-33 tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or

2-34 killed, or to be deprived of necessary food or drink;

2-35 4. Willfully sets on foot, instigates, engages in, or in any way furthers

2-36 an act of cruelty to any animal, or any act tending to produce such cruelty;

2-37 or

2-38 5. Abandons an animal in circumstances other than those prohibited in

2-39 NRS 574.110,

2-40 is guilty of a misdemeanor.

2-41 Sec. 5. NRS 574.200 is hereby amended to read as follows:

2-42 574.200 The provisions of NRS 574.050 to 574.190, inclusive, and

2-43 574.210 to 574.510, inclusive, and section 2 of this act do not:

3-1 1. Interfere with any of the fish and game laws contained in Title 45 of

3-2 NRS or any laws for the destruction of certain birds.

3-3 2. Interfere with the right to destroy any venomous reptiles or animals,

3-4 or any animal known as dangerous to life, limb or property.

3-5 3. Interfere with the right to kill all animals and fowl used for food.

3-6 4. Prohibit or interfere with any properly conducted scientific

3-7 experiments or investigations which are performed under the authority of

3-8 the faculty of some regularly incorporated medical college or university of

3-9 this state.

3-10 5. Interfere with any scientific or physiological experiments conducted

3-11 or prosecuted for the advancement of science or medicine.

3-12 6. Prohibit or interfere with established methods of animal husbandry,

3-13 including the raising, handling, feeding, housing and transporting of

3-14 livestock or farm animals.

3-15 Sec. 6. The provisions of section 2 of this act do not apply to offenses

3-16 that are committed before October 1, 1999.

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