MINUTES OF THE meeting

of the

ASSEMBLY Subcommittee on Natural Resources, Agriculture, and Mining

 

Seventy-First Session

March 22, 2001

 

 

The Subcommittee on Natural Resources, Agriculture, and Miningwas called to order at 3:30 p.m., on Thursday, March 22, 2001.  Chairman Marcia de Braga presided in Room 3161 of the Legislative Building, Carson City, Nevada.  Exhibit A is the Agenda.  Exhibit B is the Guest List.  All exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.

 

 

SUBCOMMITTEE MEMBERS PRESENT:

 

Mr.    David Brown

Mr.    Tom Collins

Mr.    John J. Lee, Chairman

 

GUEST LEGISLATORS PRESENT:

 

None

 

STAFF MEMBERS PRESENT:

 

Linda Eissmann, Committee Policy Analyst

June Rigsby, Committee Secretary

 

OTHERS PRESENT:

 

Joe Boteilho, Animal Control Manager, Clark County

Kim McDonald, City of North Las Vegas

Dr. Randall Todd, Epidemiologist, Nevada Health Division

Susan Asher, Executive Director, Nevada Humane Society

Robert Barengo, Lobbyist, Nevada Humane Society

Rhonda Moore, Douglas County Animal Control

Katie Stevens, Supervisor, Washoe County Animal Control

 

 

 

Roll was called, and Chairman Lee opened the subcommittee hearing on A.B. 208.

 

Assembly Bill 208:  Revises provisions governing treatment of animals. (BDR 50-206)

 

Assemblyman Collins, sponsor of the bill, resumed testimony on A.B. 208 and stated agreement had been reached to delete Section 2.1. That portion dealt with the neutering and spaying of animals. Assemblyman Collins clearly stated the bill was designed to prohibit local governments or political subdivisions from outlawing rodeos, livestock events, circuses, or animal exhibitions. The language was borrowed from other statutes to ensure local governments understood the bill would not supercede any existing law or ordinance.  It would apply only to ordinances and regulations adopted on or after the effective date of the act.

 

It was Assemblyman Collins’ understanding the U.S. Department of Agriculture (USDA) had licensing laws in effect that governed the handling of animals for exhibition.  As such, compliance with federal regulations would serve as the standard for those events.

 

Chairman Lee asked for clarification on the amendment wording “nor regulate beyond standards set forth in Chapter 574 of the Nevada Revised Statutes” (NRS). Assemblyman Collins stated the language ensured clear understanding. Assemblyman Collins reiterated, for the record, the intent of A.B. 208 was to allow in the state of Nevada the continuation of horse shows, dog shows, petting zoos, rodeos, circuses, exhibitions, roping events, and barrel races. Those events were part of Nevada’s western heritage and should be protected. He emphasized there would be no Mexican style bullfighting or horse-tripping sporting events allowed under A.B. 208.

 

Joe Boteilho, Manager of Animal Control for Clark County, commented on the language of the amendment and requested the effective date be deferred until January of 2002. That would allow local agencies to assess their ordinances and make any necessary changes. For the record, Mr. Boteilho stated he was also opposed to Mexican bullfighting and horse-tripping events.

 

Assemblyman Collins added delaying the effective date from October 1 until January 1, 2002 would be acceptable to him. That would allow for adjustments by local governments.

Chairman Lee requested clarification on the process for receiving permits from the USDA. Mr. Boteilho explained, using the example of a commercial dog show at a hotel, a USDA permit was required under the Animal Welfare Act of 1970.

 

Assemblyman Brown called attention to section 1(a), “Rodeo or other events in conformance with the standards of the Professional Rodeo Cowboys Association (PRCA).” He asked if the standards were so strict the small local rodeo could be prohibited. Assemblyman Collins explained the strict adherence to the PRCA standards was not required of many events, such as Junior Rodeo. Compliance was required, however, with the animal health and welfare standards established in the Nevada statutes.

 

Kim McDonald, representing the city of North Las Vegas, resumed testimony in support of A.B. 208. Protection of events that celebrated western heritage was important, in her opinion. She voiced support of the amendment and the language “shall not prohibit nor regulate beyond NRS 571” and stated it resolved their original concerns with the bill. The effective date of January 1 was judged to be acceptable.

 

Dr. Randall Todd, Epidemiologist with the Nevada Health Division, read from a prepared statement (Exhibit C) and testified most of their concerns appeared to be addressed by the amendments. It was his understanding the language regarding “preemption of any regulation that would prohibit ownership or possession of any specific exotic animals” had been removed from the bill.

 

On the subject of communicable disease regulations (NRS 441A), Dr. Todd expressed lingering concerns over the emergence of infectious zoonotic illnesses. He had expected to see the inclusion in the amendment of the exception clause, “except as provided under the State Board of Health.” Without that exception clause, the hands of health authorities would be tied when new regulations were needed.

 

Assemblyman Collins concurred with Dr. Todd of the need to include the exception clause and apologized for the oversight. It had been part of the original amendment, and it was recommended by Assemblyman Collins the language referencing NRS 441 be restored to A.B. 208. 

 

Dr. Todd clarified it should ensure their future ability to promulgate regulations to protect human health. He restated the point of concern was NRS Chapter 441A which dealt with control of communicable disease. Section 120 required the Board of Health to specify which diseases were communicable and to
outline the control measures for each. Dr. Todd added, currently, the Board of Health had the flexibility to handle the emergence of a new disease. In instances of animal contamination, he needed assurance the Health Division’s authority was unaltered.

 

Chairman Lee agreed and asked Dr. Todd to draft a written statement for the subcommittee’s review. Dr. Todd added he had provided some suggested language to address his concerns. Assemblyman Collins recalled the reference to NRS 441A had been eliminated with the deleted wording because it was felt to be obsolete. It was Assemblyman Collins opinion that, under the new language, the Health Division’s authority had not been altered.

 

Dr. Todd responded he feared A.B. 208 would prohibit any regulation of animal exhibitions (e.g., petting zoos). He reiterated his concern it could inhibit their ability to intervene on behalf of the public health. Assemblyman Collins asked if the Health Division had the ability to impound a petting zoo. Dr. Todd replied, in the past, they had intervened and asked event sponsors to cease operation until such time an investigation could be conducted.

 

Assemblyman Collins asked if that intervention was phrased as a request or as a requirement. It was Dr. Todd’s understanding the Health Division had the ability to require action, to which Assemblyman Collins replied the bill would not alter that. He assured Dr. Todd A.B. 208 did not impact NRS 441A.

 

Dr. Todd explained his original concerns centered on the prohibition of the denial of ownership of an animal. There were existing prohibitions of owning certain wild animals susceptible to rabies. There could be other animal species harboring unknown infectious diseases that might need to be prohibited in the future. Those animals could find their way into a petting zoo.

 

Chairman Lee summarized by stating the amended bill would be returned to the full committee. He assured Dr. Todd it would be confirmed the bill had no impact on the Health Division’s ability to respond to animal diseases.

 

Susan Asher, Executive Director of the Nevada Humane Society, expressed lingering concerns over the ability of local governments to have authority to regulate local issues. Ms. Asher stated she had no knowledge of existing problems with rodeos and western theme events, however she was worried about the future. In her view, NRS 574 set the barest minimum of standards for animal protection, neglect, and abuse. Those were the regulations that could be enforced locally. If a rogue circus came to town with problems of abused or dangerous animals, Ms. Asher expressed doubts the city or the Nevada Humane Society could deal with the problem effectively.

 

Chairman Lee referred to the example of the rogue circus and asked if the USDA would provide the legal support and resources to handle the problem. Ms. Asher stated from a legal standpoint, the USDA could respond, however the number of personnel in the Animal Welfare Enforcement Team was fewer than 10 people in the United States. They relied instead on the assistance of local agencies and governments to act on the behalf of the USDA.

 

Robert Barengo, lobbyist for the Nevada Humane Society and former member of the Nevada Legislature, acknowledged the cooperation of Assemblyman Collins. He summarized his understanding of the amendment. After the effective date, nobody could prohibit the list of activities nor could they regulate beyond Chapter 574. Mr. Barengo expressed lingering confusion over the language and whether it could invite third party lawsuits in the future.

 

Chairman Lee asked Assemblyman Collins if he was aware of any ordinance in the state. Assemblyman Collins restated the provisions of the act would apply only to ordinances or regulations adopted on or after the effective date of the act. He reminded Mr. Barengo that existing regulations in Reno would not be impacted. 

 

Mr. Barengo voiced his concern, for $100 anybody could file a lawsuit and allege the role of NRS 574 had been overstepped. He reminded the subcommittee legislative intent was stated to be the four corners of the document. Nothing said in committee hearings would have a legal basis. What was said on the floor of each House would be placed in the record and reviewed by the Supreme Court.   He reiterated his need to scrutinize the bill in its amended form.

 

Chairman Lee thanked the witness for his testimony.

 

Rhonda Moore, representing Douglas County Animal Control, acknowledged the changes to the bill and concurred with the Humane Society regarding the need for local governments to be in control. Ms. Moore’s single concern was with the wording “shall not prohibit nor regulate beyond the standards set forth in Chapter 574” and the possible loss of control by local government.

Katie Stevens, Supervisor of Washoe County Animal Control, acknowledged the amended bill was an improvement over the original, however she echoed the same concern as the prior witness.

 

Chairman Lee, seeing no additional witnesses, declared the bill had been duly heard. He reviewed the three amendments that had been proposed. The first was the amendment from Clark County to change the effective date to January 1, 2002. The second amendment addressed the wording “accept as otherwise provided in regulations pursuant to NRS 441A.” The third amendment was to add the provisions of the act only to ordinances or regulations adopted on or after the effective date of the act.

 

Assemblyman Collins agreed with the summary of amendments except for deletions to section 1(a). Regarding NRS 441A.120, if legal staff felt it was necessary, the language should be added. He recommended all changes be drafted for review by the full committee and the public.

 

Chairman Lee announced there would be one more opportunity to testify when the amended bill was heard by the full committee. He called for a motion.

 

            ASSEMBLYMAN BROWN MOVED TO AMEND AND REREFER

            A.B. 208 TO THE FULL COMMITTEE.

 

            ASSEMBLYMAN COLLINS SECONDED THE MOTION.

 

            THE MOTION CARRIED BY THE THREE MEMBERS OF THE            

            SUBCOMMITTEE.

 

Chairman Lee announced the bill would be referred back to the full committee in its amended form. The meeting was adjourned at 4:08 p.m.

 

 

 

RESPECTFULLY SUBMITTED:

 

 

                               

June Rigsby

Committee Secretary

 

 

APPROVED BY:

 

 

 

                                                                                         

Assemblywoman Marcia de Braga, Chairman

 

 

DATE: