Assembly Bill No. 48-Committee on Natural Resources, Agriculture, and Mining
January 27, 1997
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Referred to Committee on Natural Resources, Agriculture, and Mining
SUMMARY--Makes various changes to provisions relating to wild horses and burros. (BDR 45-432)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to wildlife; expanding the powers and duties of the commission for the preservation of wild horses to include certain activities relating to wild burros; creating and providing for the administration of the multicounty fund for the management of wild horses; making the commission of certain acts relating to wild burros unlawful; providing a penalty; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 NRS 501.020 is hereby amended to read as follows:
501.020 [As] Except as otherwise provided in NRS 504.430, or unless the context otherwise requires, as used in this Title, "commission" means the board of wildlife commissioners.
Sec. 2 NRS 504.430 is hereby amended to read as follows:
504.430 As used in NRS 504.430 to 504.490, inclusive [:] , unless the context otherwise requires:
1. "Commission" means the commission for the preservation of wild horses [.] and burros.
2. "Commission fund" means the fund for the commission for the preservation of wild horses [.] and burros.
3. "Heil trust" means the money given to the state by the Estate of Leo Heil for the preservation of wild horses in Nevada.
4. "Multicounty fund" means the multicounty fund for the management of wild horses.
5. "Wild burro" means a burro which is unbranded and unclaimed and lives on public land.
6. "Wild horse" means a horse, mare or colt which is unbranded and unclaimed and lives on public land.
Sec. 3 NRS 504.440 is hereby amended to read as follows:
504.440 1. There is hereby created the commission for the preservation of wild horses [.] and burros. The commission consists of five members appointed by the governor as follows:
(a) A representative of an organization whose purpose is to preserve wild horses and burros and whose headquarters are in Nevada;
(b) An owner or manager of property used for ranching; and
(c) Three members of the general public who:
(1) Are not engaged in ranching or farming; and
(2) Have not been previously engaged in efforts to protect wild horses [.] or burros.
2. After the initial terms, the members shall serve terms of 3 years. Any vacancy in the membership must be filled for the unexpired term.
3. Each member of the commission [for the preservation of wild horses] is entitled to receive a salary of not more than $80, as fixed by the commission, for each day he is engaged in the business of the commission.
4. While engaged in the business of the commission, each member and employee of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
5. The commission [for the preservation of wild horses] shall meet at least quarterly each year and on the call of the executive director or any two members.
Sec. 4 NRS 504.450 is hereby amended to read as follows:
504.450 1. There is hereby created as a trust fund, the Heil trust fund for wild horses. The fund is a continuing fund without reversion. All money received from the Heil trust, and all money from any other source designated for deposit in the fund, must be deposited in that fund. The commission [for the preservation of wild horses] shall administer the fund.
2. The multicounty fund for the management of wild horses is hereby created as a trust fund. The fund is a continuing fund without reversion. Except as otherwise provided in subsection 1, all money received from any source for the removal, placement and management of wild horses in Lyon, Storey and Washoe counties must be deposited into the fund. Expenses incurred for the removal, placement and management of such wild horses may be paid from the fund. The commission shall administer the fund.
3. The fund for the commission for the preservation of wild horses and burros is hereby created as a trust fund. The fund is a continuing fund without reversion. Except as otherwise provided in [subsection 1,] subsections 1 and 2, all money received for the preservation of wild horses or burros from any source [other than the Heil trust] must be deposited in the commission fund and used only for the specific purposes for which it was given, if those purposes are not inconsistent with the provisions of NRS 504.430 to 504.490, inclusive. Any such money that was not given for a specific purpose may be used for any lawful purpose consistent with those provisions. The commission [for the preservation of wild horses] shall administer the fund.
[3.] 4. The money in the funds created by this section must be invested as other money of the state is invested. All interest earned on the deposit or investment of the money in each fund must be credited to that fund.
[4.] 5. The commission [for the preservation of wild horses] shall authorize the expenditure of the interest and principal of the funds, but the principal of the Heil trust fund for wild horses must not be reduced to less than $900,000, unless the money is needed for an emergency and the expenditure is approved by the legislature, if it is in session, or the interim finance committee. Claims against the funds must be paid as other claims against the state are paid.
[5. The]
6. Except as otherwise provided in subsection 7, the expenses of the commission must be paid from the interest earned on the deposit or investment of the money in the Heil trust fund for wild horses.
7. Expenses incurred by the commission in administering the provisions of NRS 504.430 to 504.490, inclusive, relating to wild burros must be paid from the commission fund.
Sec. 5 NRS 504.460 is hereby amended to read as follows:
504.460 1. Upon the approval of all its members, the commission [for the preservation of wild horses] shall appoint an executive director who is in the unclassified service of the state. The executive director must have substantial knowledge of wild horses and burros and their habitat and an interest in their protection. He may, with the approval of the commission, contract for any clerical or technical employees necessary to carry out his duties.
2. The executive director shall:
(a) Carry out the policies of the commission ; [for the preservation of wild horses;] and
(b) Act as the recording secretary for the commission.
Sec. 6 NRS 504.470 is hereby amended to read as follows:
504.470 1. The primary duties of the commission are to preserve the herds of wild horses and burros and identify programs to maintain the herds in a thriving natural ecological balance. To carry out these duties [it] the commission shall:
(a) Promote the management and protection of wild horses [;] and burros;
(b) Act as liaison between the state, the general public and interested organizations on the issue of the preservation of wild horses [;] and burros;
(c) Advise the governor on the status of wild horses and burros in Nevada and the activities of the commission;
(d) Solicit and accept contributions for the commission fund , the multicounty fund and the Heil trust fund for wild horses;
(e) Recommend to the legislature legislation which is consistent with federal law;
(f) Develop, identify, initiate, manage and coordinate projects to study, preserve and manage wild horses and burros and their [habitat;] habitats;
(g) Monitor the activities of state and federal agencies, including the military, which affect wild horses [;] and burros;
(h) Participate in programs designed to encourage the protection and management of wild horses [;] and burros;
(i) Develop and manage a plan to educate and inform the public of the activities of the commission ; [for the preservation of wild horses;]
(j) Report biennially to the legislature concerning [its] the commission's programs, objectives and achievements; and
(k) Take any action necessary to fulfill the intent of the Heil trust.
2. The commission may:
(a) Grant an award in an amount it considers appropriate for information leading to the conviction of a person who violates federal or state laws concerning wild horses [;] or burros; and
(b) Adopt regulations necessary to carry out the purposes of NRS 504.430 to 504.490, inclusive.
Sec. 7 NRS 504.480 is hereby amended to read as follows:
504.480 The commission may enter into agreements with the Federal Government or a public agency of this state to:
1. Coordinate research by state and federal agencies concerning wild horses and burros and their [habitat.] habitats.
2. Create a range for wild horses and burros for the study of wild horses and burros and to allow the public to view them in their natural [habitat.] habitats.
3. Finance improvements to benefit wild horses and burros on federal lands.
4. Coordinate efforts to apprehend and prosecute violators of federal and state laws concerning wild horses [.] and burros.
5. Coordinate the removal, placement and management of wild horses in Lyon, Storey and Washoe counties.
Sec. 8 NRS 504.490 is hereby amended to read as follows:
504.490 Any person, not authorized to do so, who:
1. Removes or attempts to remove a wild horse or burro from the public lands;
2. Converts a wild horse or burro to private use;
3. Harasses [a wild horse] or kills a wild horse [;] or burro;
4. Uses an aircraft or a motor vehicle to hunt any wild horse [;] or burro;
5. Pollutes or causes the pollution of a watering hole on public land to trap, wound, kill or maim a wild horse [;] or burro;
6. Makes or causes the remains of a wild horse or burro to be made into any commercial product;
7. Sells a wild horse or burro which strays onto private property; or
8. Willfully violates a regulation adopted by the commission , [for the preservation of wild horses,]
is guilty of a gross misdemeanor.
Sec. 9 The amendatory provisions of this act do not apply to offenses that are committed before the effective date of this act.
Sec. 10 The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 11 This act becomes effective upon passage and approval.