Senate Bill No. 486–Committee on Natural Resources

 

(On Behalf of the Department of Agriculture)

 

March 24, 2003

____________

 

Referred to Committee on Natural Resources

 

SUMMARY—Makes various changes regarding livestock and other animals. (BDR 50‑570)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to animals; increasing the number of persons on the State Board of Agriculture; abolishing the State Board of Sheep Commissioners; transferring the powers and duties of the State Board of Sheep Commissioners to the State Board of Agriculture and the State Quarantine Officer; establishing a minimum for the special tax on sheep; revising provisions governing the payment of administrative expenses incurred by the State Board of Agriculture; authorizing a fee for brand inspections; providing for the gathering and disposition of feral livestock; abolishing the Nevada Beef Council; repealing the tax to promote beef; making various changes relating to quarantines of livestock and other animals; providing in certain circumstances for the recovery of the full appraised value of diseased animals which are destroyed; providing penalties; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

 

 

 

2-1  Section 1. NRS 561.045 is hereby amended to read as follows:

2-2  561.045  There is hereby created in the Department a State

2-3  Board of Agriculture composed of [10] 11 members appointed by

2-4  the Governor.

2-5  Sec. 2.  NRS 561.055 is hereby amended to read as follows:

2-6  561.055  1.  Three members of the Board must be actively

2-7  engaged in range or semirange cattle production, one in [dairying,]

2-8  dairy production, one in range or semirange sheep production,

2-9  one in general farming, one in general agriculture, one in growing

2-10  crops which are planted in rows spaced to permit mechanical

2-11  cultivation, one in the control of pests, one in the petroleum industry

2-12  and one in raising nursery stock.

2-13      2.  Not more than two members may be residents of the same

2-14  county, and the range or semirange cattle production members must

2-15  be residents of different counties.

2-16      Sec. 3.  NRS 561.218 is hereby amended to read as follows:

2-17      561.218  1.  The Director shall appoint a person to manage the

2-18  activities of the Department relating to natural resources, land use

2-19  planning and the management and control of wild horses [and

2-20  estrays.] , estrays and feral livestock. The person must be appointed

2-21  on the basis of merit and is in the unclassified service of the State.

2-22  The Director may remove the person from office with the approval

2-23  of the Board.

2-24      2.  The person appointed shall:

2-25      (a) Establish and carry out a policy for the management and

2-26  control of estrays and the preservation and allocation of natural

2-27  resources necessary to advance and protect the livestock and

2-28  agricultural industries in this state.

2-29      (b) Develop cooperative agreements and working relationships

2-30  with federal and state agencies and local governments for land use

2-31  planning and the preservation and allocation of natural resources

2-32  necessary to advance and protect the livestock and agricultural

2-33  industries in this state.

2-34      (c) Cooperate with private organizations and governmental

2-35  agencies to develop procedures and policies for the management and

2-36  control of wild horses.

2-37      (d) Monitor gatherings of estrays and feral livestock conducted

2-38  pursuant to the provisions of NRS 569.040 to 569.130, inclusive,

2-39  and section 30 of this act, and assist district brand inspectors in

2-40  identifying estrays before they are sold or given a placement or

2-41  other disposition through a cooperative agreement established

2-42  pursuant to NRS 569.031.

2-43      (e) Provide the members of the general public with information

2-44  relating to the activities of the Department and solicit

3-1  recommendations from the members of the general public and

3-2  advisory groups concerning those activities.

3-3  (f) Make assessments of the level of competition between

3-4  livestock and wildlife for food and water, collect data concerning

3-5  the movement of livestock and perform activities necessary to

3-6  control noxious weeds.

3-7  (g) Participate in land use planning relating to the competition

3-8  for food and water between livestock and wildlife to ensure the

3-9  maintenance of the habitat of both livestock and wildlife.

3-10      (h) Present testimony, conduct research and prepare reports for

3-11  the Governor, the Legislature, the Director and any other person or

3-12  governmental entity as directed by the Director.

3-13      (i) Develop and carry out a program to educate the members of

3-14  the general public concerning the programs administered by the

3-15  Department, including programs for the management and control of

3-16  estrays[.] and feral livestock.

3-17      (j) Make proposals to the Director for the amendment of the

3-18  regulations adopted by the Board pursuant to NRS 561.105.

3-19      (k) Perform such other duties as directed by the Director.

3-20      3.  As used in this section:

3-21      (a) “Estray” has the meaning ascribed to it in [NRS 569.005.]

3-22  section 27 of this act.

3-23      (b) “Feral livestock” has the meaning ascribed to it in section

3-24  28 of this act.

3-25      (c) “Wild horse” has the meaning ascribed to it in NRS 504.430.

3-26      Sec. 4.  NRS 561.305 is hereby amended to read as follows:

3-27      561.305  The Department shall establish and maintain a

3-28  laboratory for the following purposes:

3-29      1.  The diagnosis of infectious, contagious and parasitic

3-30  diseases of [livestock,] animals, as may be necessary under the

3-31  provisions of chapter 571 of NRS.

3-32      2.  The diagnosis of infectious, contagious and parasitic

3-33  diseases of bees, as may be necessary under the provisions of NRS

3-34  552.085 to 552.310, inclusive.

3-35      3.  The diagnosis of infectious, contagious and destructive

3-36  diseases of agricultural commodities, and infestations thereof by

3-37  pests, as may be necessary under the provisions of NRS 554.010 to

3-38  554.240, inclusive.

3-39      4.  The survey and identification of insect pests, plant diseases

3-40  and noxious weeds, and the maintenance of a herbarium, as may be

3-41  necessary under the provisions of NRS 555.010 to 555.249,

3-42  inclusive.

3-43      5.  The testing of pesticides, as may be necessary under the

3-44  provisions of NRS 555.2605 to 555.460, inclusive, and 586.010 to

3-45  586.450, inclusive.

4-1  6.  The safekeeping and maintenance of official standards of

4-2  weights and measures, as may be necessary under the provisions of

4-3  chapter 581 of NRS.

4-4  7.  The testing and grading of agricultural products and the

4-5  testing of the purity and germinating power of agricultural seeds and

4-6  the testing of the spray residue contained in produce, as may be

4-7  necessary under the provisions of chapter 587 of NRS.

4-8  8.  The analysis and testing of commercial fertilizers and

4-9  agricultural minerals, as may be necessary under the provisions of

4-10  NRS 588.010 to 588.350, inclusive.

4-11      9.  The analysis and testing of petroleum products, as may be

4-12  necessary under the provisions of NRS 590.010 to 590.150,

4-13  inclusive.

4-14      10.  The analysis and testing of antifreeze, as may be necessary

4-15  under the provisions of NRS 590.340 to 590.450, inclusive.

4-16      11.  Any laboratory examinations, diagnoses, analyses or

4-17  testing as may be deemed necessary by the Director and which can

4-18  be made with equipment available in any such laboratory. Any

4-19  resident of this state may submit samples to the Department for

4-20  examination, diagnosis, analysis or testing, subject to such rules and

4-21  regulations as may be adopted by the Director.

4-22      Sec. 5.  NRS 561.335 is hereby amended to read as follows:

4-23      561.335  1.  The Revolving Account for Agriculture Working

4-24  Capital in the amount of $10,000 is hereby created for the use of the

4-25  Department.

4-26      2.  The Account must be used specifically for carrying out the

4-27  provisions of NRS 569.005 to 569.080, inclusive, and sections 24 to

4-28  30, inclusive, of this act, and 569.100 to 569.130, inclusive.

4-29      3.  The Account may be used for:

4-30      (a) Paying the expenses of all programs and laws administered

4-31  by the Department, except expenses related to estrays and feral

4-32  livestock which are required to be paid pursuant to NRS 569.090.

4-33  The Account must be reimbursed promptly from the proper funds in

4-34  the State Treasury by claims paid as other claims against the State

4-35  are paid for any expenses paid pursuant to this paragraph.

4-36      (b) Providing advance money to officers and employees of the

4-37  Department for travel expenses and subsistence allowances arising

4-38  out of their official duties or employment. Such an advance

4-39  constitutes a lien in favor of the Department upon the accrued wages

4-40  of the requesting officer or employee in an amount equal to the sum

4-41  advanced, but the Director may advance more than the amount of

4-42  the accrued wages of the officer or employee. Upon the return of the

4-43  officer or employee, he is entitled to receive any authorized

4-44  expenses and subsistence in excess of the amount advanced, and a

5-1  sum equal to the advance must be paid into the Revolving Account

5-2  for Agriculture Working Capital.

5-3  (c) Making grants and loans for any purpose authorized by

5-4  subsection 2 of NRS 561.445. Any loan or grant made pursuant to

5-5  this paragraph must be reimbursed promptly, as other claims against

5-6  the State are paid, from the money deposited in the State Treasury

5-7  pursuant to subsection 1 of NRS 561.445.

5-8  4.  The Revolving Account for Agriculture Working Capital

5-9  must be deposited in a bank or credit union qualified to receive

5-10  deposits of public money and the deposit must be secured by a

5-11  depository bond satisfactory to the State Board of Examiners.

5-12      Sec. 6.  NRS 561.344 is hereby amended to read as follows:

5-13      561.344  1.  The Livestock Inspection Account is hereby

5-14  created in the State General Fund for the use of the Department.

5-15      2.  The following special taxes, fees and other money must be

5-16  deposited in the Livestock Inspection Account:

5-17      (a) All special taxes on livestock as provided by law . [, except

5-18  the assessment collected pursuant to NRS 565.075 and any tax

5-19  levied pursuant to NRS 575.070.]

5-20      (b) Fees and other money collected pursuant to the provisions of

5-21  chapter 564 of NRS.

5-22      (c) Fees collected pursuant to the provisions of chapter 565 of

5-23  NRS.

5-24      (d) Unclaimed proceeds from the sale of estrays and feral

5-25  livestock by the Department pursuant to NRS 569.005 to 569.130,

5-26  inclusive, and sections 24 to 30, inclusive, of this act, or proceeds

5-27  required to be deposited in the Livestock Inspection Account

5-28  pursuant to a cooperative agreement established pursuant to

5-29  NRS 569.031.

5-30      (e) Fees collected pursuant to the provisions of chapter 573 of

5-31  NRS.

5-32      (f) Fees collected pursuant to the provisions of chapter 576 of

5-33  NRS.

5-34      (g) Laboratory fees collected for the diagnosis of infectious,

5-35  contagious and parasitic diseases of [livestock,] animals, as

5-36  authorized by NRS 561.305, and as are necessary pursuant to the

5-37  provisions of chapter 571 of NRS.

5-38      3.  Expenditures from the Livestock Inspection Account must

5-39  be made only for carrying out the provisions of this chapter and

5-40  chapters 564, 569, 571, 573 and 576 of NRS.

5-41      4.  The interest and income earned on the money in the

5-42  Livestock Inspection Account, after deducting any applicable

5-43  charges, must be credited to the Account.

 

 

6-1  Sec. 7.  NRS 562.010 is hereby amended to read as follows:

6-2  562.010  As used in this chapter, “Board” means the State

6-3  Board of [Sheep Commissioners.] Agriculture.

6-4  Sec. 8.  NRS 562.130 is hereby amended to read as follows:

6-5  562.130  The Board may:

6-6  1.  Employ a secretary and such inspectors and other employees

6-7  as it may find necessary to carry out the provisions of this chapter.

6-8  2.  Prescribe the duties and fix the compensation and travel and

6-9  subsistence expenses of its employees and volunteers.

6-10      3.  Require such bonds from its inspectors as it determines

6-11  necessary.

6-12      4.  Request the Director of the State Department of Agriculture

6-13  to designate, pursuant to NRS 561.225, one or more employees of

6-14  the Department to issue sheep permits . [and act as sheep inspectors

6-15  if the Board and its inspectors are unable to do so.]

6-16      Sec. 9.  NRS 562.150 is hereby amended to read as follows:

6-17      562.150  The Board shall render a written report of its activities

6-18  [in writing] relating to the implementation of this chapter to the

6-19  Governor on or before October 31, [1968,] 2003, and each 2 years

6-20  thereafter.

6-21      Sec. 10.  NRS 562.170 is hereby amended to read as follows:

6-22      562.170  1.  [The] Except as otherwise provided in this

6-23  section, the rate of tax fixed by the Board, as provided for in NRS

6-24  562.160, must not exceed the equivalent of 18 cents per head on all

6-25  sheep. The minimum tax that must be paid annually by an owner

6-26  of sheep is $5.

6-27      2.  The tax paid by an owner of sheep must be deposited in the

6-28  state or county treasury in which the State Sheep Inspection

6-29  Account is located for credit to that Account. The money in the

6-30  State Sheep Inspection Account must be made available and

6-31  disbursed by the proper state or county officials upon request of the

6-32  Board for the purposes provided for in this chapter.

6-33      Sec. 11.  NRS 562.220 is hereby amended to read as follows:

6-34      562.220  1.  The salaries, compensation and expenses

6-35  provided for in this chapter must be paid out of the State Sheep

6-36  Inspection Account.

6-37      2.  Necessary administrative expenses incurred by the Board

6-38  in carrying out the provisions of this chapter may be paid from the

6-39  State Sheep Inspection Account, except that such administrative

6-40  expenses must not exceed 5 percent of the annual collected tax

6-41  receipts.

6-42      Sec. 12.  NRS 562.250 is hereby amended to read as follows:

6-43      562.250  [The Board shall have]

6-44      1.  Except as otherwise provided in subsection 2, the Board

6-45  has exclusive control of all matters pertaining to the sheep industry.

7-1  2.  The State Quarantine Officer has exclusive authority over

7-2  matters concerning diseases of sheep and may adopt such

7-3  regulations as are necessary to carry out his duties pursuant to

7-4  this subsection.

7-5  Sec. 13.  NRS 562.270 is hereby amended to read as follows:

7-6  562.270  The Board [shall have the power to] may make and

7-7  enforce[:

7-8  1.  Rules and regulations for governing itself.

7-9  2.  Rules] rules and regulations deemed necessary by it for the

7-10  enforcement of the provisions of this chapter.

7-11      Sec. 14.  (Deleted by amendment.)

7-12      Sec. 15.  NRS 562.460 is hereby amended to read as follows:

7-13      562.460  1.  Each inspector shall:

7-14      (a) [Inspect all the sheep within the district assigned to him

7-15  when so ordered by the Board.

7-16      (b) Make and issue a certificate or bill of health for all sheep

7-17  whose owners have complied with the law and the orders, rules and

7-18  regulations made and adopted by the Board.

7-19      2.  Each certificate or bill of health shall describe the sheep with

7-20  the marks and brands thereon, which certificate or bill of health

7-21  shall entitle the owner or agent in charge to pass with such sheep

7-22  from one district to another in the State.

7-23      3.  The inspector shall immediately file with the Board a

7-24  duplicate of all certificates issued by him.] At the request of the

7-25  owner of sheep, perform a brand inspection of the sheep for

7-26  brands or marks; and

7-27      (b) Upon the completion of such an inspection, issue a brand

7-28  inspection clearance certificate in accordance with NRS 565.120.

7-29      2.  The State Department of Agriculture may levy and collect

7-30  a reasonable fee for brand inspections as authorized under the

7-31  provisions of this chapter. Any fee so levied must be collected in

7-32  the manner prescribed by the Director of the Department and

7-33  deposited into the Livestock Inspection Account.

7-34      Sec. 16.  NRS 567.030 is hereby amended to read as follows:

7-35      567.030  The Committee consists of five members. [One

7-36  member] Two members must be designated [from among its

7-37  members] by the State Board of Agriculture[.] from among its

7-38  members, one of which must be the appointee for range or

7-39  semirange sheep production. One member must be designated

7-40  [from among its members] by the Board of Wildlife Commissioners

7-41  [. One member must be designated] from among its members . [by

7-42  the State Board of Sheep Commissioners.] One member must be

7-43  designated [from among its members] by the State Board of Health

7-44  [.] from among its members. One member must be designated

8-1  [from among its members] by the Nevada Farm Bureau[.] from

8-2  among its members.

8-3  Sec. 17.  NRS 567.040 is hereby amended to read as follows:

8-4  567.040  1.  Upon and following its organization the

8-5  Committee shall select its own Chairman.

8-6  2.  The Secretary of the State Board of [Sheep Commissioners]

8-7  Agriculture shall serve as Secretary of the Committee.

8-8  Sec. 18.  NRS 567.060 is hereby amended to read as follows:

8-9  567.060  1.  The office of the Committee must be located in

8-10  the office of the State Board of [Sheep Commissioners.]

8-11  Agriculture.

8-12      2.  Such miscellaneous administrative expenses as are necessary

8-13  for the conduct of the Committee’s affairs, aside from travel and

8-14  subsistence expenses of the members and the Secretary, such as

8-15  stationery and postage, must be paid from and are a proper charge

8-16  against the State Sheep Inspection Account of the State Board of

8-17  [Sheep Commissioners.] Agriculture.

8-18      Sec. 19.  NRS 567.100 is hereby amended to read as follows:

8-19      567.100  As used in NRS 567.100 to 567.170, inclusive:

8-20      1.  “Board” means the State Board of [Sheep Commissioners.]

8-21  Agriculture.

8-22      2.  “Committee” means the Committee to Control Predatory

8-23  Animals of the State Board of [Sheep Commissioners.] Agriculture.

8-24      Sec. 20.  NRS 567.110 is hereby amended to read as follows:

8-25      567.110  1.  Upon receipt of the reports from the committee

8-26  for assessing livestock pursuant to NRS 575.180, the [State Board of

8-27  Sheep Commissioners,] Board, acting as the Committee to Control

8-28  Predatory Animals, may levy an annual special tax of not to exceed

8-29  the equivalent of 20 cents per head on all sheep and goats.

8-30      2.  The special tax is designated as the tax for control of

8-31  predatory animals.

8-32      3.  Notice of the tax must be sent by the Board to the county

8-33  assessor or treasurer of each county that is administering the special

8-34  taxes on livestock, and to the State Department of Agriculture on or

8-35  before the first Monday in May of each year.

8-36      Sec. 21.  NRS 567.110 is hereby amended to read as follows:

8-37      567.110  1.  Upon receipt of the reports from the State

8-38  Department of Agriculture pursuant to NRS 575.180, the [State

8-39  Board of Sheep Commissioners,] Board, acting as the Committee to

8-40  Control Predatory Animals, may levy an annual special tax of not to

8-41  exceed the equivalent of 20 cents per head on all sheep and goats.

8-42      2.  The special tax is designated as the tax for control of

8-43  predatory animals.

9-1  3.  Notice of the tax must be sent by the Board to the State

9-2  Department of Agriculture on or before the first Monday in May of

9-3  each year.

9-4  Sec. 22.  NRS 567.170 is hereby amended to read as follows:

9-5  567.170  [Administrative expenses necessary on the part of]

9-6  Necessary administrative expenses incurred by the Board in

9-7  carrying out the provisions of NRS 567.100 to 567.170, inclusive,

9-8  are a proper charge against and payable from the State Sheep

9-9  Inspection Account[.] , except that such administrative expenses

9-10  must not exceed 5 percent of the annual collected tax receipts.

9-11      Sec. 23.  Chapter 569 of NRS is hereby amended by adding

9-12  thereto the provisions set forth as sections 24 to 30, inclusive, of this

9-13  act.

9-14      Sec. 24.  “Alternative livestock” has the meaning ascribed to

9-15  it in NRS 501.003.

9-16      Sec. 25.  “Department” means the State Department of

9-17  Agriculture.

9-18      Sec. 26.  “Director” means the Director of the Department.

9-19      Sec. 27.  “Estray” means any domesticated livestock or

9-20  progeny of domesticated livestock showing signs of domestication,

9-21  running at large upon public or private lands in the State of

9-22  Nevada, whose owner is unknown in the section where the animal

9-23  is found.

9-24      Sec. 28.  “Feral livestock” means any formerly domesticated

9-25  livestock or progeny of domesticated livestock which have become

9-26  wild and are running at large upon public or private lands in the

9-27  State of Nevada, and which have no physical signs of

9-28  domestication. The term does not include horses or burros that are

9-29  subject to the jurisdiction of the Federal Government pursuant to

9-30  the Wild Free-Roaming Horses and Burros Act, 16 U.S.C. §§ 1331

9-31  to 1340, inclusive, and any regulations adopted pursuant thereto,

9-32  or any other federal statute or regulation.

9-33      Sec. 29.  “Livestock” means:

9-34      1.  All cattle or animals of the bovine species;

9-35      2.  All horses, mules, burros and asses or animals of the

9-36  equine species;

9-37      3.  All swine or animals of the porcine species;

9-38      4.  All goats or animals of the caprine species;

9-39      5.  All sheep or animals of the ovine species;

9-40      6.  All poultry or domesticated fowl or birds; and

9-41      7.  All alternative livestock.

9-42      Sec. 30.  1.  The Department may sell all feral livestock

9-43  which it has gathered if the Department determines that the sale of

9-44  the feral livestock is necessary to facilitate the placement or other

9-45  disposition of the feral livestock.

10-1      2.  Except as otherwise provided in subsection 3, before the

10-2  Department may sell feral livestock, the Department must publish

10-3  notice of the sale of the feral livestock in a newspaper published at

10-4  the county seat of the county in which the gathering of the feral

10-5  livestock occurred. If there is no newspaper published at the

10-6  county seat of the county, the notice must be published in the

10-7  newspaper published at the nearest point to that county seat. A

10-8  notice of a sale published pursuant to this section need not include

10-9  full descriptions of the feral livestock, but may include such

10-10  information and details as the Department determines necessary.

10-11     3.  The Department may sell injured, sick or otherwise

10-12  debilitated feral livestock if, as determined by the Department, the

10-13  sale of the feral livestock is necessary to facilitate the placement or

10-14  other disposition of the feral livestock. If feral livestock is sold

10-15  pursuant to this subsection, the Department shall give a brand

10-16  inspection clearance certificate to the purchaser.

10-17     Sec. 31.  NRS 569.005 is hereby amended to read as follows:

10-18     569.005  As used in NRS 569.005 to 569.130, inclusive, and

10-19  sections 24 to 30, inclusive, of this act, unless the context otherwise

10-20  requires[:

10-21     1.  “Department” means the State Department of Agriculture.

10-22     2.  “Director” means the Director of the Department.

10-23     3.  “Estray” means any livestock running at large upon public

10-24  or private lands in the State of Nevada, whose owner is unknown in

10-25  the section where the animal is found.

10-26     4.  “Livestock” means:

10-27     (a) All cattle or animals of the bovine species;

10-28     (b) All horses, mules, burros and asses or animals of the equine

10-29  species;

10-30     (c) All swine or animals of the porcine species;

10-31     (d) All goats or animals of the caprine species;

10-32     (e) All sheep or animals of the ovine species; and

10-33     (f) All poultry or domesticated fowl or birds.] , the words and

10-34  terms defined in sections 24 to 29, inclusive, of this act have the

10-35  meanings ascribed to them in those sections.

10-36     Sec. 32.  NRS 569.010 is hereby amended to read as follows:

10-37     569.010  1.  Except as otherwise provided by law, all estrays

10-38  and feral livestock within this state shall be deemed for the purpose

10-39  of this section to be the property of the Department.

10-40     2.  The Department has all rights accruing pursuant to the laws

10-41  of this state to owners of those animals, and may:

10-42     (a) Dispose of estrays and feral livestock by sale through an

10-43  agent appointed by the Department; or

11-1      (b) Provide for the control, placement or disposition of estrays

11-2  and feral livestock through cooperative agreements pursuant to

11-3  NRS 569.031.

11-4      3.  Except as otherwise provided by law, all money collected

11-5  for the sale or for the injury or killing of any such animals must be

11-6  held for 1 year, subject to the claim of any person who can establish

11-7  legal title to any animal concerned. All money remaining unclaimed

11-8  must be deposited in the Livestock Inspection Account after 1 year.

11-9  The Department may disallow all claims if it deems the claims

11-10  illegal or not showing satisfactory evidence of title.

11-11     4.  The Department or any political subdivision of this state is

11-12  not liable for any trespass or other damage caused by any of those

11-13  estrays[.] or feral livestock.

11-14     Sec. 33.  NRS 569.020 is hereby amended to read as follows:

11-15     569.020  1.  Any county, city, town, township or other peace

11-16  officer or poundmaster who impounds under the provisions of any

11-17  state law or county or municipal ordinance any livestock shall,

11-18  immediately after impounding the livestock, send a written notice to

11-19  the Department.

11-20     2.  The notice must contain a full description, including all

11-21  brands and marks, sex, age, weight, color and kind , of each animal

11-22  so impounded.

11-23     3.  [If] For the sale of livestock if the owner of the livestock is

11-24  not known, and [in case of] for the sale of the impounded livestock

11-25  as prescribed by law, all notices posted or advertisements published

11-26  by any officer or other person having charge of the sale must

11-27  include, unless the livestock is feral livestock, a complete

11-28  description of each animal to be sold, including all brands and

11-29  marks, sex, age, weight, color and kind.

11-30     Sec. 34.  NRS 569.031 is hereby amended to read as follows:

11-31     569.031  The Department may enter into a cooperative

11-32  agreement for the control, placement or disposition of the livestock

11-33  with another agency of this state or with a county, city, town,

11-34  township, peace officer, poundmaster or nonprofit organization. If

11-35  an agreement is entered into, it must provide for:

11-36     1.  The responsibility for the payment of the expenses incurred

11-37  in taking up, holding, advertising and making the disposition of the

11-38  estray[,] or feral livestock, and any damages for trespass allowed

11-39  pursuant to NRS 569.440;

11-40     2.  The disposition of any money received from the sale of the

11-41  livestock;

11-42     3.  The protection of the rights of a lawful owner of an estray or

11-43  feral livestock pursuant to NRS 569.040 to 569.130, inclusive[;] ,

11-44  and section 30 of this act; and

12-1      4.  The designation of the specific geographic area of this state

12-2  to which the cooperative agreement applies.

12-3  The Department shall annually review the actions of the cooperating

12-4  person or entity for compliance with the agreement. The Department

12-5  may cancel the agreement upon a finding of noncompliant actions.

12-6      Sec. 35.  NRS 569.040 is hereby amended to read as follows:

12-7      569.040  1.  Except as otherwise provided in subsection 2,

12-8  NRS 569.040 to 569.130, inclusive, and section 30 of this act, or

12-9  pursuant to a cooperative agreement established pursuant to NRS

12-10  569.031, it is unlawful for any person or his employees or agents,

12-11  other than an authorized agent of the Department, to:

12-12     (a) Take up any estray or feral livestock and retain possession of

12-13  it; or

12-14     (b) Feed any estray[.] or feral livestock.

12-15     2.  For a first violation of paragraph (b) of subsection 1, a

12-16  person [may] must not be cited or charged criminally but must be

12-17  informed that it is unlawful to feed an estray[.] or feral livestock.

12-18     Sec. 36.  NRS 569.045 is hereby amended to read as follows:

12-19     569.045  1.  Before any person gathers any [estray horses, he

12-20  shall] estrays or feral livestock, he must cause notice of the

12-21  gathering to be published in a newspaper of general circulation

12-22  within the county in which the gathering is to take place.

12-23     2.  The notice must:

12-24     (a) Be published at least once a week for the 4 weeks preceding

12-25  the gathering;

12-26     (b) Clearly identify the area in which the gathering is to take

12-27  place and the date and time of the gathering;

12-28     (c) If feral livestock are to be gathered, include a full

12-29  description of the species of feral livestock to be gathered;

12-30     (d) Indicate a location where owners or possible owners of the

12-31  [estray horses] estrays or feral livestock may go to claim an estray

12-32  [horse] or feral livestock that was gathered; and

12-33     [(d)] (e) List the name and telephone number of a person who

12-34  may be contacted if an owner or possible owner is interested in

12-35  viewing the [estray horses] estrays or feral livestock gathered.

12-36     Sec. 37.  NRS 569.070 is hereby amended to read as follows:

12-37     569.070  1.  Except as otherwise provided in subsection 4, if

12-38  the owner or probable owner of an estray cannot with reasonable

12-39  diligence be determined by the Department or its authorized agent,

12-40  the Department shall advertise the estray or cause it to be advertised.

12-41     2.  A notice of the estray, with a full description, giving brands,

12-42  marks and colors thereon, must be published in a newspaper

12-43  published at the county seat of the county in which the estray was

12-44  taken up. If there is no newspaper published at the county seat of the

13-1  county, the notice must be published in the newspaper published at

13-2  the nearest point to that county.

13-3      3.  Expenses incurred in carrying out the provisions of

13-4  subsections 1 and 2 must be deducted from the proceeds of the sale

13-5  of the estray advertised.

13-6      4.  [Except as otherwise provided in NRS 562.420, the] The

13-7  Department may sell an injured, sick or otherwise debilitated estray

13-8  if, as determined by the Department, the sale of the estray is

13-9  necessary to facilitate the placement or other disposition of the

13-10  estray. If an estray is sold pursuant to this subsection, the

13-11  Department shall give a brand inspection clearance certificate to

13-12  the purchaser.

13-13     Sec. 38.  NRS 569.080 is hereby amended to read as follows:

13-14     569.080  1.  If an estray is not claimed within 5 working days

13-15  after the last publication of the advertisement required by NRS

13-16  569.070, it must be:

13-17     (a) Sold by the Department; or

13-18     (b) Held by the Department until the estray is given a placement

13-19  or other disposition through a cooperative agreement established

13-20  pursuant to NRS 569.031.

13-21     2.  If feral livestock is not claimed by the date of sale

13-22  published pursuant to section 30 of this act, the feral livestock

13-23  must be sold by the Department pursuant to section 30 of this act

13-24  or placed pursuant to NRS 569.031.

13-25     3.  If the Department sells the estray[,] or feral livestock, the

13-26  Department shall give a brand inspection clearance certificate to the

13-27  purchaser.

13-28     [3.  Estray horses]

13-29     4.  Estrays and feral livestock must be marked , [or] branded or

13-30  identified with an individual animal identification before sale or

13-31  placement.

13-32     Sec. 39.  NRS 569.090 is hereby amended to read as follows:

13-33     569.090  1.  Except as otherwise provided pursuant to a

13-34  cooperative agreement established pursuant to NRS 569.031, the

13-35  Department shall:

13-36     (a) Pay the reasonable expenses incurred in taking up, holding,

13-37  advertising and selling the estray[,] or feral livestock, and any

13-38  damages for trespass allowed pursuant to NRS 569.440, from the

13-39  proceeds of the sale of the estray or feral livestock and shall place

13-40  the balance in an interest-bearing checking account in a bank or

13-41  credit union qualified to receive deposits of public money. The

13-42  proceeds from the sale and any interest on those proceeds, which are

13-43  not claimed pursuant to subsection 2 within 1 year after the sale,

13-44  must be deposited in the State Treasury for credit to the Livestock

13-45  Inspection Account.

14-1      (b) Make a complete record of the transaction, including [the]

14-2  any marks and brands and other means of identification of the

14-3  estray, and shall keep the record available for inspection by

14-4  members of the general public.

14-5      2.  If the lawful owner of the estray or feral livestock is found

14-6  within 1 year after its sale and proves ownership to the satisfaction

14-7  of the Department, the net amount received from the sale must be

14-8  paid to the owner.

14-9      3.  If any claim pending 1 year after the date of sale is denied,

14-10  the proceeds and any interest thereon must be deposited in the

14-11  Livestock Inspection Account.

14-12     Sec. 40.  NRS 569.100 is hereby amended to read as follows:

14-13     569.100  1.  A person who takes up an estray or feral livestock

14-14  as provided for in NRS 569.040 to 569.130, inclusive, and section

14-15  30 of this act is entitled to hold the estray or feral livestock lawfully

14-16  until relieved of custody by the Department.

14-17     2.  A person shall not use or cause to be used, for profit or

14-18  otherwise, any estray or feral livestock in his keeping under the

14-19  provisions of NRS 569.040 to 569.130, inclusive[.] , and section 30

14-20  of this act. A violation of this subsection shall be deemed grand

14-21  larceny or petit larceny, as set forth in NRS 205.2175 to 205.2707,

14-22  inclusive, and the person shall be punished as provided in those

14-23  sections.

14-24     3.  Any person taking, leading or driving an estray or feral

14-25  livestock away from the possession of the lawful holder, as specified

14-26  in NRS 569.040 to 569.130, inclusive, and section 30 of this act,

14-27  except as otherwise provided in this section, is subject to all the

14-28  penalties under the law, whether or not he is the claimant of the

14-29  estrayor [not.] feral livestock.

14-30     Sec. 41.  NRS 569.110 is hereby amended to read as follows:

14-31     569.110  If any [such estray or estrays,] estray or feral

14-32  livestock, after having been taken up by a person in accordance with

14-33  the provisions of NRS 569.040 to 569.130, inclusive,[escape or are]

14-34  and section 30 of this act, escapes or is removed from the custody

14-35  of the [taker-up] person before being disposed of under the

14-36  provisions of NRS 569.040 to 569.130, inclusive, [then such taker-

14-37  up shall have] and section 30 of this act, the person has the legal

14-38  right to recover the [same] estray or feral livestock wherever found

14-39  [, to be held by such taker-up] and to hold it until it is disposed of as

14-40  provided [for] in NRS 569.040 to 569.130, inclusive[.] , and

14-41  section 30 of this act.

14-42     Sec. 42.  NRS 569.120 is hereby amended to read as follows:

14-43     569.120  Estrays and feral livestock may be taken up by

14-44  authorized agents of the Department. The disposal of the estrays and

14-45  feral livestock must be conducted in the manner set forth in the

15-1  provisions of NRS 569.040 to 569.130, inclusive[.] , and section 30

15-2  of this act.

15-3      Sec. 43.  NRS 569.130 is hereby amended to read as follows:

15-4      569.130  Any person, including, without limitation, any firm,

15-5  company, association or corporation , who takes up or retains in his

15-6  [or its] possession any estray or feral livestock not his [or its]

15-7  property, without the owner’s consent, or except in accordance with

15-8  the provisions of NRS 569.040 to 569.130, inclusive, [shall be] and

15-9  section 30 of this act, is guilty of a misdemeanor.

15-10     Sec. 44.  Chapter 571 of NRS is hereby amended by adding

15-11  thereto the provisions set forth as sections 45 to 51, inclusive, of this

15-12  act.

15-13     Sec. 45.  “Alternative livestock” has the meaning ascribed to

15-14  it in NRS 501.003.

15-15     Sec. 46.  “Animal” means any living creature other than a

15-16  member of the human race.

15-17     Sec. 47.  “Department” means the State Department of

15-18  Agriculture.

15-19     Sec. 48.  “Director” means the Director of the Department.

15-20     Sec. 49.  “Importation” means the transportation or

15-21  movement of animals by any railroad, express company, truckline

15-22  or other carrier, or by any persons, by vehicle or otherwise, into

15-23  this state.

15-24     Sec. 50.  “Livestock” means:

15-25     1.  All cattle or animals of the bovine species.

15-26     2.  All horses, mules, burros and asses or animals of the

15-27  equine species.

15-28     3.  All swine or animals of the porcine species.

15-29     4.  All goats or animals of the caprine species.

15-30     5.  All sheep or animals of the ovine species.

15-31     6.  All poultry or domesticated fowl or birds.

15-32     7.  All dogs, cats or other animals domesticated or under the

15-33  restraint or control of man.

15-34     8.  All alternative livestock.

15-35     Sec. 51.  “State Quarantine Officer” means the Director.

15-36     Sec. 52.  NRS 571.015 is hereby amended to read as follows:

15-37     571.015  As used in this chapter, unless the context otherwise

15-38  requires [otherwise:

15-39     1.  “Department” means the State Department of Agriculture.

15-40     2.  “Director” means the Director of the Department.

15-41     3.  “Importation” means the transportation or movement of

15-42  livestock by any railroad, express company, truckline or other

15-43  carrier, or by any persons, by vehicle or otherwise, into this state.

15-44     4.  “Livestock” means:

15-45     (a) All cattle or animals of the bovine species.

16-1      (b) All horses, mules, burros and asses or animals of the equine

16-2  species.

16-3      (c) All swine or animals of the porcine species.

16-4      (d) All goats or animals of the caprine species.

16-5      (e) All poultry or domesticated fowl or birds.

16-6      (f) All dogs, cats or other animals domesticated or under the

16-7  restraint or control of man.

16-8      (g) Alternative livestock as defined in NRS 501.003.

16-9      5.  “State Quarantine Officer” means the Director.] , the words

16-10  and terms defined in sections 45 to 51, inclusive, of this act, have

16-11  the meanings ascribed to them in those sections.

16-12     Sec. 53.  NRS 571.025 is hereby amended to read as follows:

16-13     571.025  1.  For the purposes of this chapter, infestation with

16-14  internal or external parasites, or exposure to such possible

16-15  infestation, shall be deemed equivalent to infection with or exposure

16-16  to infection with an infectious, contagious or parasitic disease.

16-17     2.  The provisions of this chapter applicable to [livestock]

16-18  animals infected with or exposed to infection with any infectious,

16-19  contagious or parasitic disease, or to any premises, grounds, cars,

16-20  vehicles or other carriers infected or contaminated with any

16-21  infectious, contagious or parasitic disease, also apply to any

16-22  [livestock,] animals, premises, grounds, cars, vehicles, or other

16-23  carriers infested with or exposed to infestation or contamination

16-24  with any internal or external parasites.

16-25     Sec. 54.  NRS 571.045 is hereby amended to read as follows:

16-26     571.045  1.  The State Quarantine Officer may proclaim and

16-27  enforce quarantine against any state, territory or district, or any

16-28  portion of any state, territory or district, with respect to the

16-29  importation into or transportation through the State of Nevada of

16-30  [livestock] animals which may be infected with, or which may have

16-31  been exposed to infection with, any infectious, contagious or

16-32  parasitic disease.

16-33     2.  No quarantine [shall] may be issued under the provisions of

16-34  NRS 571.045 to 571.110, inclusive, which will conflict with the

16-35  provisions of the Constitution of the United States or any act of the

16-36  Congress of the United States.

16-37     3.  [The quarantine shall remain] A quarantine remains

16-38  effective until vacated by order of the State Quarantine Officer.

16-39     Sec. 55.  NRS 571.050 is hereby amended to read as follows:

16-40     571.050  1.  Any quarantine issued under the provisions of

16-41  NRS 571.045 to 571.110, inclusive, may:

16-42     (a) Consist of a complete embargo against the importation into

16-43  or transportation through the State of any [livestock] animals so

16-44  quarantined against; or

17-1      (b) Provide for the importation into or transportation through the

17-2  State of any such [livestock] animals under such rules and

17-3  regulations as may be set forth and prescribed in the quarantine at

17-4  the time the same is issued.

17-5      2.  Any quarantine issued under the provisions of NRS 571.045

17-6  to 571.110, inclusive, [shall remain] remains in force and effect

17-7  until removed or modified by the State Quarantine Officer, but:

17-8      (a) The State Quarantine Officer may amend from time to time

17-9  any quarantine so issued; and

17-10     (b) Any such amendments [shall] must be general in their

17-11  application and [shall] must not apply to any individual shipment or

17-12  importation.

17-13     Sec. 56.  NRS 571.060 is hereby amended to read as follows:

17-14     571.060  If a quarantine is declared as provided in NRS

17-15  571.045 to 571.110, inclusive, against the importation into or

17-16  transportation through this state of any [livestock] animals from any

17-17  other state, territory or district or any portion or portions thereof, a

17-18  certified copy of [such quarantine shall] the quarantine must be

17-19  personally delivered by the State Quarantine Officer or his

17-20  representative or mailed by certified or registered mail to each of the

17-21  following:

17-22     1.  The Governor or the proper quarantine official of such state,

17-23  territory or district.

17-24     2.  The United States quarantine official having jurisdiction

17-25  over the same character of quarantine.

17-26     3.  The state agent or other qualified official of any interstate

17-27  railroad, express company or other common carrier doing business

17-28  within this state.

17-29     Sec. 57.  NRS 571.080 is hereby amended to read as follows:

17-30     571.080  1.  Any [livestock] animals imported into or being

17-31  transported through this state in violation of any quarantine issued

17-32  under the provisions of NRS 571.045 to 571.110, inclusive, [shall]

17-33  must be seized immediately by the State Quarantine Officer or his

17-34  authorized representative and treated in a manner approved by the

17-35  State Quarantine Officer, or destroyed, or sent out of the State

17-36  within 48 hours, at the expense of the owner thereof.

17-37     2.  When the movement of any [livestock] animals seized by

17-38  the State Quarantine Officer, as provided in subsection 1, to some

17-39  point without the State would further endanger any industry of this

17-40  state, the [livestock] animals so seized by the State Quarantine

17-41  Officer [shall] must be destroyed at the expense of the owner.

17-42     Sec. 58.  NRS 571.090 is hereby amended to read as follows:

17-43     571.090  It is unlawful for any railroad, express company or

17-44  other common carrier, or any persons, to import into or transport

17-45  through the State of Nevada any [livestock] animals in violation of

18-1  the provisions of NRS 571.045 to 571.110, inclusive, or to make

18-2  delivery of any such [livestock] animals to any persons within the

18-3  limits of this state.

18-4      Sec. 59.  NRS 571.100 is hereby amended to read as follows:

18-5      571.100  In any criminal proceeding arising under the

18-6  provisions of NRS 571.045 to 571.110, inclusive, proof that any

18-7  [livestock,] animal, prohibited by proclamation of quarantine from

18-8  importation into or transportation through this state, was imported

18-9  into or transported through this state in violation of [such] the

18-10  quarantine shall be deemed proof within the meaning of NRS

18-11  571.045 to 571.110, inclusive, that the [same] animal was diseased,

18-12  exposed to disease or infected, or exposed to infection.

18-13     Sec. 60.  NRS 571.120 is hereby amended to read as follows:

18-14     571.120  1.  The Department shall do all things necessary for

18-15  the control and eradication of infectious, contagious or parasitic

18-16  diseases of [livestock.] animals.

18-17     2.  The Director shall cooperate with the Administrator of the

18-18  Division of Wildlife of the State Department of Conservation and

18-19  Natural Resources in a program to prevent the spread of

18-20  communicable diseases in [livestock and wildlife] animals in this

18-21  state.

18-22     [3.  As used in this section, “wildlife” has the meaning ascribed

18-23  to it in NRS 501.097.]

18-24     Sec. 61.  NRS 571.130 is hereby amended to read as follows:

18-25     571.130  The State Quarantine Officer may adopt rules and

18-26  regulations of the Secretary of Agriculture of the United States

18-27  relating to the control and suppression of disease in [livestock,]

18-28  animals, and may cooperate with the Secretary of Agriculture and

18-29  his officers in the enforcement of such rules and regulations.

18-30     Sec. 62.  NRS 571.140 is hereby amended to read as follows:

18-31     571.140  The State Quarantine Officer, or his representatives or

18-32  his agents, may inspect, test, treat, quarantine and condemn

18-33  [livestock] animals affected with any infectious, contagious or

18-34  parasitic disease, and any such person may enter upon any ground or

18-35  premises of this state to enforce the inspection, testing, treatment,

18-36  quarantine and condemnation laws and all the rules, regulations and

18-37  orders of the Department.

18-38     Sec. 63.  NRS 571.150 is hereby amended to read as follows:

18-39     571.150  The State Quarantine Officer may inspect, test or

18-40  quarantine any [livestock] animal in the State infected with,

18-41  suspected of being or which have been exposed to an infectious,

18-42  contagious or parasitic disease, and compel testing or treatment at

18-43  such times and as often as he deems necessary to insure the

18-44  suppression of disease.

 

19-1      Sec. 64.  NRS 571.160 is hereby amended to read as follows:

19-2      571.160  If any [livestock] animal becomes infected with any

19-3  infectious, contagious or parasitic disease as defined by rules and

19-4  regulations adopted by the State Quarantine Officer, the owner or

19-5  agent in charge[, an] of the infected animal, or any inspector of the

19-6  Department or any practicing veterinarian who has knowledge of

19-7  the infected animal, shall immediately notify the State Quarantine

19-8  Officer. A notification of disease received pursuant to this section

19-9  must be kept confidential unless:

19-10     1.  The reported disease is specifically regulated pursuant to

19-11  NRS 571.130 for mandatory control and eradication to protect the

19-12  public health, other [livestock] animals or wildlife; or

19-13     2.  The State Quarantine Officer determines that a public health

19-14  emergency exists.

19-15     Sec. 65.  NRS 571.170 is hereby amended to read as follows:

19-16     571.170  1.  If [livestock] an animal is found diseased, the

19-17  State Quarantine Officer may make regulations for [their] its

19-18  quarantine at once, and he may define the place and limits within

19-19  which [such livestock] the animal may be grazed, herded or driven.

19-20  Such [livestock] an animal may be held in quarantine until released

19-21  by the State Quarantine Officer.

19-22     2.  The expense of treatment, feeding and taking care of [all

19-23  livestock] animals quarantined under the provisions of NRS

19-24  571.120 to 571.250, inclusive, [shall] must be paid by the owner or

19-25  agent in charge of [such livestock,] the animals, and such expense

19-26  [shall be] is a lien upon [such livestock] the animals until paid.

19-27     3.  The expense of testing [livestock] an animal and the

19-28  expense of handling [livestock] an animal for the purpose of testing

19-29  [shall] must be paid by the owner or agent in charge of [such

19-30  livestock,] the animal, at the option of the State Quarantine Officer,

19-31  and such expense [shall be] is a lien upon [such livestock] the

19-32  animal until paid.

19-33     Sec. 66.  NRS 571.180 is hereby amended to read as follows:

19-34     571.180  [In no case shall any quarantined livestock, livestock

19-35  products or livestock suspected of being infected with or of being

19-36  or] Quarantined animals, and any animals or animal products

19-37  which have been , or are suspected to have been, infected with or

19-38  exposed toinfectious, contagious or parasitic diseases , must not be

19-39  removed from one point to another within any area, or from one area

19-40  to another, without a written permit from the State Quarantine

19-41  Officer.

19-42     Sec. 67.  NRS 571.190 is hereby amended to read as follows:

19-43     571.190  1.  The State Quarantine Officer may order and have

19-44  destroyed any [livestock] animal infected with or exposed to any

19-45  infectious, contagious or parasitic disease.

20-1      2.  The Department shall compensate the owners of any

20-2  [livestock] animal so destroyed separately or jointly with any

20-3  county or municipality of the State or any agency of the Federal

20-4  Government, the amount of the compensation to be determined by

20-5  appraisal before the affected [livestock] animal is destroyed.

20-6      3.  The appraisal must be made by the State Quarantine Officer

20-7  or a qualified agent designated by him and the owners or their

20-8  authorized representative. In the event of their failure to reach an

20-9  agreement, the two so selected shall designate a disinterested

20-10  person, who by reason of experience in such matters is a qualified

20-11  judge of [livestock values,] values of animals, to act with them. The

20-12  judgment of any two such appraisers is binding and final upon all

20-13  persons.

20-14     4.  The total amount received by the owners of [livestock] any

20-15  animal so destroyed, including compensation paid by the

20-16  Department, any county or municipality or any agency of the

20-17  Federal Government or any [livestock insurance company,]

20-18  company that insures animals, and the salvage received from the

20-19  sale of hides or carcasses or any other source, combined, must not

20-20  exceed [75 percent of] the actual appraised value of the destroyed

20-21  [livestock.] animal.

20-22     5.  Any natural person or corporation purchasing any

20-23  [livestock] animal which was at the time of purchase under

20-24  quarantine by any state, county or municipal authorities or any

20-25  agency of the Federal Government authorized to lay such

20-26  quarantine, or who purchases any [livestock] animal which due

20-27  diligence and caution would have shown to be diseased or which

20-28  [have been] was shipped or transported in violation of the rules and

20-29  regulations of any agency of the Federal Government or the State of

20-30  Nevada, is not entitled to receive compensation, and the Department

20-31  may order the destruction of the [livestock] animal without making

20-32  any compensation to the owner.

20-33     6.  No payment may be made hereunder as compensation for or

20-34  on account of any such [livestock] animal destroyed if, at the time

20-35  of inspection or test of the [livestock] animal or at the time of the

20-36  ordered destruction thereof, the [livestock] animal belongs to or is

20-37  upon the premises of any person, firm or corporation to which the

20-38  [livestock] animal has been sold, shipped or delivered for slaughter.

20-39     7.  In no case may any payment by the Department pursuant to

20-40  the provisions of this section [be more than $75 for any grade

20-41  livestock or more than $200 for any purebred livestock, and no

20-42  payment may] be made unless the owner has complied with all

20-43  quarantine rules and regulations of the Department.

 

 

21-1      Sec. 68.  NRS 571.200 is hereby amended to read as follows:

21-2      571.200  1.  The owner or agent in charge of any [livestock]

21-3  animal that has died or has been killed as a result of any infectious,

21-4  contagious or parasitic disease shall immediately bury the

21-5  [carcasses] carcass thereof at least 3 feet underground or cause the

21-6  [carcasses] carcass to be consumed by fire, and [such carcasses

21-7  shall] the carcass must not be sold or given away.

21-8      2.  In order to carry out the requirements of subsection 1, [such

21-9  carcasses] the carcass may be conveyed on a public highway or

21-10  public road, or conveyed on land not owned by the owner or agent ,

21-11  [in charge of such carcasses,] in accordance with rules and

21-12  regulations promulgated by the State Quarantine Officer.

21-13     3.  The expense of burying, burning or conveying [such

21-14  carcasses shall] the carcass must be paid by the owner or agent , [in

21-15  charge of such carcasses,] and such expense [shall be] is a lien upon

21-16  remaining [livestock] animals or other real or personal property of

21-17  [such] the owner or agent [in charge] until paid.

21-18     Sec. 69.  NRS 571.210 is hereby amended to read as follows:

21-19     571.210  1.  [Livestock] Animals not under special quarantine

21-20  by the State of Nevada, the Federal Government, or the state,

21-21  territory or district of origin may enter the State of Nevada in

21-22  compliance with regulations adopted by the State Quarantine

21-23  Officer.

21-24     2.  Notice that [livestock] an animal is in transit is not required

21-25  unless the [livestock] animal remains in the State, or is to be

21-26  unloaded to feed and rest for longer than 48 hours.

21-27     3.  A person, his agents or employees shall not bring [livestock]

21-28  any animal into this state unless he has obtained a health certificate

21-29  showing that the [livestock] animal is free from contagious,

21-30  infectious or parasitic diseases or exposure thereto. This requirement

21-31  does not apply to animals whose accustomed range is on both sides

21-32  of the Nevada state line and which are being moved from one

21-33  portion to another of the accustomed range merely for pasturing and

21-34  grazing thereon. The State Quarantine Officer shall adopt

21-35  regulations concerning the form of the certificate.

21-36     4.  A person shall not:

21-37     (a) Alter a health certificate; or

21-38     (b) Divert [livestock] any animal from the destination described

21-39  on the health certificate without notifying the State Quarantine

21-40  Officer within 72 hours after the diversion of the [livestock.]

21-41  animal.

21-42     5.  Any [livestock] animal brought into this state without

21-43  complying with this section may be seized, destroyed or sent out of

21-44  this state by the State Quarantine Officer within 48 hours. The

21-45  expense of seizing, destroying or removing the [livestock] animal

22-1  must be paid by the owner or his agent in charge of the [livestock]

22-2  animal and the expense is a lien on the [livestock,] animal, unless it

22-3  was destroyed, until paid.

22-4      Sec. 70.  NRS 571.220 is hereby amended to read as follows:

22-5      571.220  1.  The State Quarantine Officer shall quarantine any

22-6  corrals, pens, slaughterhouses, buildings, places, cars, trucks or

22-7  vehicles where [livestock] any animal may have been handled, and

22-8  compel the cleaning and disinfecting of [the same] such places or

22-9  vehicles when deemed necessary for the purposes of this chapter.

22-10     2.  Where owners or persons in charge of such places or

22-11  vehicles refuse to clean and disinfect them, an inspector may take

22-12  charge of such places or vehicles and cause them to be cleaned and

22-13  disinfected. The expense of such cleaning and disinfecting [shall]

22-14  must be paid by the owners or persons in charge, and [shall be] is a

22-15  lien upon such corrals, pens, slaughterhouses, buildings, places,

22-16  cars, trucks or vehicles until [such] the expense is paid.

22-17     Sec. 71.  NRS 571.230 is hereby amended to read as follows:

22-18     571.230  Inspectors may at all times enter any premises, farms,

22-19  fields, corrals, pens, slaughterhouses, buildings, places, cars, trucks

22-20  or vehicles where any [livestock] animal is quartered for the

22-21  purpose of examining such places, vehicles or [livestock in order]

22-22  animals to determine whether they are affected with any infectious,

22-23  contagious or parasitic disease.

22-24     Sec. 72.  NRS 571.240 is hereby amended to read as follows:

22-25     571.240  1.  Inspectors may inspect any [or all livestock]

22-26  animal about to be shipped, driven, transported or otherwise

22-27  removed from the State.

22-28     2.  Consignors, possessors or persons in charge of such

22-29  [livestock] an animal shall, upon demand, fully establish title to

22-30  [such livestock] the animal or the legal right to so ship, transport,

22-31  drive or otherwise remove the [livestock] animal from the State.

22-32     Sec. 73.  NRS 575.080 is hereby amended to read as follows:

22-33     575.080  As used in NRS 575.080 to 575.230, inclusive, unless

22-34  the context otherwise requires:

22-35     1.  “Board” means the State Board of [Sheep Commissioners.]

22-36  Agriculture.

22-37     2.  “Department” means the State Department of Agriculture.

22-38     3.  “Livestock” means the animals subject to the taxes levied

22-39  pursuant to NRS 571.035 . [and 575.070.]

22-40     4.  “Sheep” means the animals subject to the taxes levied

22-41  pursuant to NRS 562.170 and 567.110.

22-42     5.  “Tax” means any of the taxes levied pursuant to NRS

22-43  562.170, 567.110[, 571.035 and 575.070.] and 571.035.

 

 

23-1      Sec. 74.  NRS 575.090 is hereby amended to read as follows:

23-2      575.090  1.  There is hereby created in each county a

23-3  committee for assessing livestock composed of:

23-4      (a) Two persons who own livestock in the county and who are

23-5  appointed by the [State Board of Agriculture;] Board;

23-6      (b) One person who owns sheep in the county and who is

23-7  appointed by the Board or, if there is no owner of sheep in the

23-8  county, another person who owns livestock in the county who is

23-9  appointed by the [State Board of Agriculture;] Board;

23-10     (c) A brand inspector who is designated by the Director of the

23-11  Department; and

23-12     (d) In [a] :

23-13         (1) A county where the Department elects to administer the

23-14  special tax, another person who owns livestock, appointed by the

23-15  [State Board of Agriculture, otherwise] Board; or

23-16         (2) Any other county, the county assessor or a person

23-17  designated by him.

23-18     2.  Except as otherwise provided in this subsection, the term of

23-19  each member is 2 years, and any vacancy must be filled by

23-20  appointment for the unexpired term. The term of the county assessor

23-21  expires upon the expiration of the term of his office. A person

23-22  designated by the county assessor serves at the pleasure of the

23-23  county assessor. The brand inspector serves at the pleasure of the

23-24  Director of the Department.

23-25     3.  While engaged in official business of the committee for

23-26  assessing livestock, each member of the committee is entitled to:

23-27     (a) A salary not exceeding $60 per day for attending meetings or

23-28  performing other official business, to be paid from any money

23-29  available to the Department.

23-30     (b) The per diem allowance and travel expenses fixed for state

23-31  officers and employees.

23-32     Sec. 75.  NRS 575.170 is hereby amended to read as follows:

23-33     575.170  1.  An owner of sheep or livestock who wishes to

23-34  challenge the accuracy of the report as changed by the committee

23-35  for assessing livestock may, within 15 days after receiving notice of

23-36  the change, file a statement with the committee for assessing

23-37  livestock for his county specifying the alleged inaccuracy.

23-38     2.  Upon receipt of the statement under subsection 1, the

23-39  committee for assessing livestock shall review the allegations and

23-40  may make any changes it considers necessary to make the report

23-41  accurate and complete. An owner of sheep or livestock, the Board,

23-42  or the Director of the Department may appeal from any decision of

23-43  the committee for assessing livestock to and in the manner

23-44  prescribed by the [State Board of Agriculture.] Board.

 

24-1      Sec. 76.  NRS 575.170 is hereby amended to read as follows:

24-2      575.170  1.  An owner of sheep or livestock who wishes to

24-3  challenge the accuracy of the report as changed by the Department

24-4  may, within 15 days after receiving notice of the change, file a

24-5  statement with the Department for assessing livestock for his county

24-6  specifying the alleged inaccuracy.

24-7      2.  Upon receipt of the statement under subsection 1, the

24-8  Department shall review the allegations and may make any changes

24-9  it considers necessary to make the report accurate and complete. An

24-10  owner of sheep or livestock or the Board may appeal from any

24-11  decision of the Department to and in the manner prescribed by the

24-12  [State Board of Agriculture.] Board.

24-13     Sec. 77.  NRS 575.180 is hereby amended to read as follows:

24-14     575.180  1.  When the report of owners of livestock and sheep

24-15  is approved by the committee for assessing livestock as complete

24-16  and accurate, the approval must be noted on the report. The report

24-17  must be returned to the county assessor, or the Department if it is

24-18  administering the special tax, and a copy sent to the Board[,] and

24-19  the Department unless it is administering the special tax . [, and the

24-20  Nevada Beef Council.]

24-21     2.  If, as the result of a challenge of the accuracy of the report,

24-22  any change is ordered in the report of owners of livestock and sheep

24-23  after it has been approved by the committee for assessing livestock,

24-24  each recipient of the report or copy must be notified of the change.

24-25     Sec. 78.  NRS 575.180 is hereby amended to read as follows:

24-26     575.180  1.  When the report of owners of livestock and sheep

24-27  is approved by the Department as complete and accurate, the

24-28  approval must be noted on the report. A copy of the approved report

24-29  must be sent to the Board . [and the Nevada Beef Council.]

24-30     2.  If, as the result of a challenge of the accuracy of the report,

24-31  any change is ordered in the report of owners of livestock and sheep

24-32  after it has been approved by the Department, each recipient of a

24-33  copy of the report must be notified of the change.

24-34     Sec. 79.  NRS 575.190 is hereby amended to read as follows:

24-35     575.190  Using the tax levies from the Board[,] and from the

24-36  Department , [and the Nevada Beef Council,] the county assessor,

24-37  auditor or treasurer, or the Department if it is administering the

24-38  special tax, shall calculate the total taxes due from each owner of

24-39  livestock or sheep based on the report of owners of livestock or

24-40  sheep approved by the committee for assessing livestock.

24-41     Sec. 80.  NRS 575.190 is hereby amended to read as follows:

24-42     575.190  Using the tax levies from the Board[,] and from the

24-43  Department , [and the Nevada Beef Council,] the Department shall

24-44  calculate the total taxes due from each owner of livestock or sheep

25-1  based on the report of owners of livestock or sheep approved by the

25-2  Department.

25-3      Sec. 81.  NRS 575.210 is hereby amended to read as follows:

25-4      575.210  Whenever any taxes, or penalties or interest for

25-5  delinquencies pursuant to NRS 562.175 or 575.130 are paid to the

25-6  county treasurer, he shall record the payment and the date thereof

25-7  with the name of the person liable therefor, and the amount of taxes,

25-8  penalties and interest collected pursuant to NRS 562.170, 562.175,

25-9  567.110, 571.035[, 575.070] and 575.130, and transmit the revenue

25-10  thereof to the State Controller for deposit into the appropriate

25-11  account or fund in the State Treasury.

25-12     Sec. 82.  NRS 575.210 is hereby amended to read as follows:

25-13     575.210  Whenever any taxes, or penalties or interest for

25-14  delinquencies pursuant to NRS 562.175, 575.130 or 575.205 are

25-15  paid to the Department, the Department shall record the payment

25-16  and the date thereof with the name of the person liable therefor, and

25-17  the amount of taxes, penalties and interest collected pursuant to

25-18  NRS 562.170, 562.175, 567.110, 571.035, [575.070,] 575.130 and

25-19  575.205, and transmit the revenue thereof to the State Controller for

25-20  deposit into the appropriate account or fund in the State Treasury.

25-21     Sec. 83.  NRS 575.220 is hereby amended to read as follows:

25-22     575.220  Any taxes delinquent must be reported by the county

25-23  assessor or county treasurer to the:

25-24     1.  Department, if the taxes were levied pursuant to NRS

25-25  571.035 ; [and 575.070;] or

25-26     2.  Board, if the taxes were levied pursuant to NRS 562.170 and

25-27  567.110.

25-28     Sec. 84.  NRS 575.230 is hereby amended to read as follows:

25-29     575.230  A brand inspection clearance certificate described in

25-30  NRS 562.460 or 565.120 [or a certificate or bill of health described

25-31  in NRS 562.460 may] must not be issued for the movement of any

25-32  sheep or livestock owned by a person delinquent in the payment of a

25-33  tax. The Department may collect any delinquent tax and the penalty

25-34  and interest thereon at the time of a brand or health inspection. The

25-35  appropriate county authority must be notified if the tax is so

25-36  collected.

25-37     Sec. 85.  NRS 233B.039 is hereby amended to read as follows:

25-38     233B.039  1.  The following agencies are entirely exempted

25-39  from the requirements of this chapter:

25-40     (a) The Governor.

25-41     (b) The Department of Corrections.

25-42     (c) The University and Community College System of Nevada.

25-43     (d) The Office of the Military.

25-44     (e) The State Gaming Control Board.

25-45     (f) The Nevada Gaming Commission.

26-1      (g) The Welfare Division of the Department of Human

26-2  Resources.

26-3      (h) The Division of Health Care Financing and Policy of the

26-4  Department of Human Resources.

26-5      (i) The State Board of Examiners acting pursuant to chapter 217

26-6  of NRS.

26-7      (j) Except as otherwise provided in NRS 533.365, the Office of

26-8  the State Engineer.

26-9      (k) The Division of Industrial Relations of the Department of

26-10  Business and Industry acting to enforce the provisions of

26-11  NRS 618.375.

26-12     (l) The Administrator of the Division of Industrial Relations of

26-13  the Department of Business and Industry in establishing and

26-14  adjusting the schedule of fees and charges for accident benefits

26-15  pursuant to subsection 2 of NRS 616C.260.

26-16     (m) The Board to Review Claims in adopting resolutions to

26-17  carry out its duties pursuant to NRS 590.830.

26-18     2.  Except as otherwise provided in subsection 5 and NRS

26-19  391.323, the Department of Education, the Board of the Public

26-20  Employees’ Benefits Program and the Commission on Professional

26-21  Standards in Education are subject to the provisions of this chapter

26-22  for the purpose of adopting regulations but not with respect to any

26-23  contested case.

26-24     3.  The special provisions of:

26-25     (a) Chapter 612 of NRS for the distribution of regulations by

26-26  and the judicial review of decisions of the Employment Security

26-27  Division of the Department of Employment, Training and

26-28  Rehabilitation;

26-29     (b) Chapters 616A to 617, inclusive, of NRS for the

26-30  determination of contested claims;

26-31     (c) Chapter 703 of NRS for the judicial review of decisions of

26-32  the Public Utilities Commission of Nevada;

26-33     (d) Chapter 91 of NRS for the judicial review of decisions of the

26-34  Administrator of the Securities Division of the Office of the

26-35  Secretary of State; and

26-36     (e) NRS 90.800 for the use of summary orders in contested

26-37  cases,

26-38  prevail over the general provisions of this chapter.

26-39     4.  The provisions of NRS 233B.122, 233B.124, 233B.125 and

26-40  233B.126 do not apply to the Department of Human Resources in

26-41  the adjudication of contested cases involving the issuance of letters

26-42  of approval for health facilities and agencies.

26-43     5.  The provisions of this chapter do not apply to:

26-44     (a) Any order for immediate action, including, but not limited

26-45  to, quarantine and the treatment or cleansing of infected or infested

27-1  animals, objects or premises, made under the authority of the State

27-2  Board of Agriculture, the State Board of Health[, the State Board of

27-3  Sheep Commissioners] or any other agency of this state in the

27-4  discharge of a responsibility for the preservation of human or animal

27-5  health or for insect or pest control;

27-6      (b) An extraordinary regulation of the State Board of Pharmacy

27-7  adopted pursuant to NRS 453.2184; or

27-8      (c) A regulation adopted by the State Board of Education

27-9  pursuant to NRS 392.644 or 394.1694.

27-10     6.  The State Board of Parole Commissioners is subject to the

27-11  provisions of this chapter for the purpose of adopting regulations but

27-12  not with respect to any contested case.

27-13     Sec. 86.  NRS 289.290 is hereby amended to read as follows:

27-14     289.290  1.  A person designated by the Director of the State

27-15  Department of Agriculture as a field agent or an inspector pursuant

27-16  to subsection 2 of NRS 561.225 has the powers of a peace officer to

27-17  make investigations and arrests and to execute warrants of search

27-18  and seizure, and may temporarily stop a vehicle in the enforcement

27-19  of the provisions of titles 49 and 50 of NRS and chapters 581, 582,

27-20  583, 586, 587, 588 and 590 of NRS.

27-21     2.  [An inspector of the State Board of Sheep Commissioners

27-22  and his deputies have the powers of a peace officer.

27-23     3.] An officer appointed by the Nevada Junior Livestock Show

27-24  Board pursuant to NRS 563.120 has the powers of a peace officer

27-25  for the preservation of order and peace on the grounds and in the

27-26  buildings and the approaches thereto of the livestock shows and

27-27  exhibitions that the Board conducts.

27-28     [4.] 3. In carrying out the provisions of chapter 565 of NRS, an

27-29  inspector of the State Department of Agriculture has the powers of a

27-30  peace officer to make investigations and arrests and to execute

27-31  warrants of search and seizure. The provisions of this subsection do

27-32  not authorize any inspector to retire under the Public Employees’

27-33  Retirement System before having attained the minimum service age

27-34  of 60 years.

27-35     Sec. 87.  NRS 484.1345 is hereby amended to read as follows:

27-36     484.1345  “Regulatory agency” means any of the agencies

27-37  granted police or enforcement powers under the provisions of

27-38  subsection 2 of NRS 289.250, NRS 289.260, subsection 3 of NRS

27-39  289.270, NRS 289.280, subsection [4] 3 of NRS 289.290 or NRS

27-40  289.320, 289.340, 407.065, 472.040, 481.048, 501.349, 565.155 or

27-41  706.8821.

 

 

 

28-1      Sec. 88.  Section 61 of chapter 331, Statutes of Nevada 2001,

28-2  at page 1570, is hereby amended to read as follows:

28-3      Sec. 61.  1.  This section and sections 1 to 10,

28-4  inclusive, 11, 12, 14 to 25, inclusive, 27 to 44, inclusive, and

28-5  59 of this act become effective on July 1, 2001.

28-6      2.  Sections 13 and 26 of this act become effective at

28-7  12:01 a.m. on July 1, 2001.

28-8      3.  Section 10 of this act expires by limitation on June 30,

28-9  2003.

28-10     4.  Section 10.5 of this act becomes effective at 12:02

28-11  a.m. on July 1, 2003.

28-12     5.  Sections 45 , 46, 47, 47.5, 49 to 58, inclusive, and 60

28-13  of this act become effective on July 1, 2004.

28-14     Sec. 89.  1.  NRS 562.020, 562.060, 562.070, 562.090,

28-15  562.100, 562.110, 562.120, 562.280, 562.290, 562.320, 562.330,

28-16  562.340, 562.350, 562.360, 562.370, 562.380, 562.390, 562.400,

28-17  562.410, 562.420, 562.430, 562.450, 562.510, 563.151, 563.161,

28-18  563.171, 563.181, 563.191, 563.201, 563.211, 563.221, 565.075 and

28-19  575.070 are hereby repealed.

28-20     2.  Section 48 of chapter 331, Statutes of Nevada 2001, at page

28-21  1567, is hereby repealed.

28-22     Sec. 90.  1.  Any contracts or other agreements entered into

28-23  by the State Board of Sheep Commissioners are binding upon:

28-24     (a) The State Board of Agriculture; or

28-25     (b) If the contract or agreement directly relates to diseases of

28-26  sheep, the State Quarantine Officer.

28-27     2.  Such contracts and other agreements may be enforced by the

28-28  State Board of Agriculture or State Quarantine Officer, as

28-29  appropriate.

28-30     Sec. 91.  The State Controller shall transfer any money in the

28-31  Account for the Promotion of Beef created in the State General

28-32  Fund as of July 1, 2003, that is attributable to the assessment

28-33  required by 7 U.S.C. §§ 2901 to 2911, inclusive, to:

28-34     1.  The entity that is certified pursuant to 7 U.S.C. §§ 2901 to

28-35  2911, inclusive, as the qualified beef council for the State of

28-36  Nevada; or

28-37     2.  If no entity is certified as of July 1, 2003, as the qualified

28-38  beef council for the State of Nevada, the Cattlemen’s Beef

28-39  Promotion and Research Board established pursuant to 7 U.S.C. §

28-40  2904.

28-41     Sec. 92.  1.  This section and sections 1 to 20, inclusive, 22 to

28-42  75, inclusive, 77, 79, 81 and 83 to 91, inclusive, of this act become

28-43  effective on July 1, 2003.

 

29-1      2.  Sections 20, 74, 75, 77, 79, 81 and 83 of this act expire by

29-2  limitation on June 30, 2004.

29-3      3.  Sections 21, 76, 78, 80 and 82 of this act become effective

29-4  on July 1, 2004.

 

29-5  LEADLINES OF REPEALED SECTIONS OF NRS AND

29-6  TEXT OF REPEALED SECTIONS OF STATUTES OF NEVADA

 

29-7      562.020  “Breaking quarantine” defined.

29-8      562.060  Creation; number and appointment of members.

29-9      562.070  Qualifications of members.

29-10     562.090  Compensation of members.

29-11     562.100  President; other officers.

29-12     562.110  Office of Board.

29-13     562.120  Meetings.

29-14     562.280  Rules and regulations pertaining to quarantining,

29-15  dipping and treatment of sheep.

29-16     562.290  Board may adopt regulations of Secretary of

29-17  Agriculture for suppression of diseases.

29-18     562.320  Power to order inspection and quarantine of sheep.

29-19     562.330  Quarantine imposed by proclamation of Governor;

29-20  penalties for violations; exceptions.

29-21     562.340  Power to quarantine or compel cleaning of

29-22  shearing or dipping corrals or places where sheep are handled;

29-23  enforcement.

29-24     562.350  Quarantining and treatment of sheep infected with

29-25  scabies or other infectious or contagious disease; powers of

29-26  inspectors and Board.

29-27     562.360  Preparation of dipping works by inspector; feeding

29-28  at owner’s expense; lien on sheep; spotting and hand-dressing of

29-29  ewes and lambs.

29-30     562.370  Dipping of sheep between April 15 and

29-31  November 1 when ordered by Board; decision of Board

29-32  conclusive; dipping after November 1.

29-33     562.380  Penalty for violation of NRS 562.350, 562.360 or

29-34  562.370.

29-35     562.390  Imported sheep or bucks to be dipped under

29-36  supervision of inspector; admission of sheep under permit

29-37  issued by Board or State Department of Agriculture without

29-38  dipping; liens; penalty.

 

30-1      562.400  Infection or exposure to infection to be reported to

30-2  inspector or Board; penalty.

30-3      562.410  Traveling permits for diseased sheep.

30-4      562.420  Destruction of diseased sheep may be ordered by

30-5  Board; compensation of owners.

30-6      562.430  Permit required to import sheep into State;

30-7  common carrier provisions; interstate grazing and shipments;

30-8  penalties.

30-9      562.450  Board or inspector may take charge of sheep or

30-10  premises when necessary; seizure and attachment.

30-11     562.510  Board may order inspectors to quarantine

30-12  premises and compel cleaning and disinfecting; expenses paid

30-13  by owner; liens.

30-14     563.151  Definitions.

30-15     563.161  Creation; number and appointment of members.

30-16     563.171  Qualifications of members.

30-17     563.181  Meetings; fiscal year; annual report.

30-18     563.191  Chairman; Secretary-Treasurer.

30-19     563.201  Powers of Council.

30-20     563.211  Authority to sue and be sued; personal liability of

30-21  members.

30-22     563.221  Deposit and disbursement of money of Council.

30-23     565.075  Federal assessment on livestock: Collection;

30-24  deposit.

30-25     575.070  Tax to promote beef.

 

30-26     Section 48 of chapter 331, Statutes of Nevada 2001, at page

30-27  1567, is hereby amended to read as follows:

30-28     Sec. 48.  NRS 575.070 is hereby amended to read as

30-29  follows:

30-30     575.070  1.  Upon receipt of the reports from the

30-31  [committee for assessing livestock] state department of

30-32  agriculture pursuant to NRS 575.180, the Nevada beef

30-33  council may fix a special tax, to be known as the tax to

30-34  promote beef, on all cattle except calves that have not been

30-35  weaned, the rate of which must not exceed $1 per head. [If

30-36  such a tax is fixed, the council shall send a notice of the rate

30-37  of the tax to the county assessor or treasurer of each county

30-38  on or before the first Monday in May of each year.] The

30-39  proceeds of the tax, if any, must be deposited in the state

30-40  treasury for credit to the account for the promotion of beef.

30-41     2.  During the month of April if such a tax is fixed, any

30-42  person who has paid the special tax may file a claim for a

30-43  refund with the state department of agriculture, accompanied

30-44  by a receipt showing the payment. Upon verification of the

 

31-1  claim, the department shall transmit the claim to the state

31-2  controller for payment from the account for the promotion of

31-3  beef.

 

31-4  H