Referred to Concurrent Committees on Natural Resources, Agriculture,
and Mining and Ways and Means
SUMMARY--Revises provisions governing commission for the preservation of wild horses. (BDR 18-1837)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to the commission for the preservation of wild horses; placing the commission within the state department of conservation and natural resources; changing the title of the executive director of the commission to "administrator"; providing that the administrator is appointed by the director of the department; prohibiting the filing of certain documents by the administrator unless approved by the commission and the director of the department; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 NRS 232.090 is hereby amended to read as follows:
232.090 1. The department consists of the director and the following divisions:
(a) The division of water resources.
(b) The division of state lands.
(c) The division of forestry.
(d) The division of state parks.
(e) The division of conservation districts.
(f) The division of environmental protection.
(g) The division of water planning.
(h) The division of wildlife.
(i) Such other divisions as the director may from time to time establish.
2. The state environmental commission, the state conservation commission, the commission for the preservation of wild horses, the Nevada natural heritage program and the board to review claims are within the department.
Sec. 2 NRS 501.002 is hereby amended to read as follows:
501.002[As] Except as otherwise provided in NRS 504.430 to 504.490, inclusive, and section 4 of this act, as used in this Title, unless the context otherwise requires, "administrator" means the administrator of the division.
Sec. 3 NRS 501.020 is hereby amended to read as follows:
501.020[As] Except as otherwise provided in NRS 504.430 to 504.490, inclusive, and section 4 of this act, as used in this Title, unless the context otherwise requires, "commission" means the board of wildlife commissioners.
Sec. 4 Chapter 504 of NRS is hereby amended by adding thereto a new section to read as follows:
1. No written protest, petition for judicial review or appeal of an administrative decision concerning the management of wild horses may be filed in any action or proceeding on behalf of the commission by the administrator unless the proposed written protest, petition or appeal is approved by the commission pursuant to this section.
2. The administrator shall submit each such proposed written protest, petition or appeal to the commission, which shall conduct a public hearing concerning the proposed protest, petition or appeal. If the commission, upon completion of the public hearing, approves the proposed protest, petition or appeal, the commission shall submit the proposed protest, petition or appeal to the director.
3. The director shall review each proposed protest, petition or appeal submitted to him by the commission and notify the administrator upon the completion of the review. The administrator may proceed with the protest, petition or appeal upon receipt of such notice from the director.
Sec. 5 NRS 504.430 is hereby amended to read as follows:
504.430 As used in NRS 504.430 to 504.490, inclusive [:] , and section 4 of this act, unless the context otherwise requires:
1. "Administrator" means the administrator of the commission.
2. "Commission" means the commission for the preservation of wild horses.
[2.] 3. "Commission fund" means the fund for the commission for the preservation of wild horses.
[3.] 4. "Director" means the director of the state department of conservation and natural resources.
5. "Heil trust" means the money given to the state by the Estate of Leo Heil for the preservation of wild horses in Nevada.
[4.] 6. "Wild horse" means a horse, mare or colt which is unbranded and unclaimed and lives on public land.
Sec. 6 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. 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 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.
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] administrator or any two members.
Sec. 7 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] The director shall appoint an [executive director] administrator who is in the unclassified service of the state. The [executive director] administrator must have substantial knowledge of wild horses and their habitat and an interest in their protection. He may, with the approval of the [commission,] director, contract for any clerical or technical employees necessary to carry out his duties.
2. The [executive director] administrator 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. 8 This act becomes effective on July 1, 1997.