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).

1-1 Section 1. Chapter 41 of NRS is hereby amended by adding thereto a

1-19 the ability of the participant to:

2-1 (1) Engage in the equine activity safely; and

2-2 (2) Control the equine based upon a representation made to him by

2-3 the participant concerning the ability of the participant to control that

2-4 equine.

2-5 (c) Owns, leases, rents or is otherwise in lawful possession and control

2-6 of the property or facility where the injury or death occurred if the injury

2-7 or death was the result of a dangerous latent condition known to him.

2-8 (d) Committed an act or omission that:

2-9 (1) Was in willful or wanton disregard for the safety of the

2-10 participant; and

2-11 (2) Caused the injury or death of the participant.

2-12 (e) Intentionally injured or caused the death of the participant.

2-13 4. As used in this section:

2-14 (a) "Equine" means a horse, pony, mule, hinny or donkey.

2-15 (b) "Equine activity" means an activity in which an equine is ridden,

2-16 driven or otherwise used, including, without limitation:

2-17 (1) Shows, fairs, competitions, performances, parades, rodeos,

2-18 cutting events, polo matches, steeplechases, endurance rides, trail rides

2-19 or packing or hunting trips.

2-20 (2) Lessons, training or other instructional activities.

2-21 (3) Boarding an equine.

2-22 (4) Riding, inspecting, evaluating or allowing the use of an equine

2-23 owned by another person, regardless of whether the owner of the equine

2-24 receives money or other consideration for the use of the equine.

2-25 (5) Providing medical treatment for an equine.

2-26 (6) Placing or measuring gear or tack on an equine.

2-27 (7) Placing or replacing shoes on an equine.

2-28 The term does not include a race for which a license is required pursuant

2-29 to the provisions of chapter 466 of NRS.

2-30 (c) "Equine professional" means a person who, for money or other

2-31 consideration:

2-32 (1) Provides to a participant lessons, training or instruction relating

2-33 to an equine activity; or

2-34 (2) Rents or leases an equine or tack or other equipment to a

2-35 participant.

2-36 (d) "Inherent risk of an equine activity" means a danger or condition

2-37 that is an essential part of an equine activity, including, without

2-38 limitation:

2-39 (1) The propensity of an equine to behave in a manner that may

2-40 result in injury or death to a person who is on or near the equine;

2-41 (2) The unpredictable reaction of an equine to sounds, sudden

2-42 movements or unfamiliar objects, persons or animals;

3-1 (3) A hazardous surface or subsurface or other hazardous

3-2 condition;

3-3 (4) A collision with another animal or object;

3-4 (5) The failure of a participant to maintain control of an equine or

3-5 to engage safely in an equine activity; and

3-6 (6) A negligent act by a participant while using an equine.

3-7 (e) "Participant" means a person who engages in an equine activity,

3-8 regardless of whether a fee is paid to engage in that activity. The term

3-9 includes a person who assists a participant in an equine activity or a

3-10 spectator at an equine activity if the spectator is in an unauthorized area

3-11 that is in the immediate area of the equine activity.

3-12 (f) "Sponsor" means a person who organizes or provides money or a

3-13 facility for an equine activity.

3-14 Sec. 2. NRS 41.480 is hereby amended to read as follows:

3-15 41.480 Except as otherwise provided in section 1 of this act:

3-27 intentional misconduct, fraud or a knowing violation of the law.

3-28 Sec. 3. The amendatory provisions of this act do not apply to a cause

3-29 of action or claim arising from an injury or death specified in section 1 of

3-30 this act that occurs before October 1, 1999.