Senate Bill No. 211-Committee on Natural Resources
March 13, 1997
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Referred to Committee on Natural Resources
SUMMARY--Revises provisions concerning commission for preservation of wild horses. (BDR 45-958)
FISCAL NOTE: Effect on Local Government: No.
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 the commission for the preservation of wild horses; revising the qualifications of certain members of the commission; requiring the members of the commission to elect a chairman and vice chairman; prohibiting the filing of certain documents by the executive director or an employee of the commission unless approved by the commission; requiring the commission to submit an annual written report to the governor and the legislature or the legislative commission concerning the status of wild horses in Nevada and the activities of the commission; requiring the commission to encourage cooperative efforts and to participate in programs for the removal and disposal of wild horses under certain circumstances; authorizing the commission to enter into agreements with the Federal Government to provide financial assistance for the removal and disposal of wild horses under certain circumstances; 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 504.430 is hereby amended to read as follows:
504.430 As used in NRS 504.430 to 504.490, inclusive:
1. "Commission" means the commission for the preservation of wild horses.
2. "Commission fund" means the fund for the commission for the preservation of wild horses.
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. "Management area" means any area in this state in which wild horses are controlled and managed by the Federal Government pursuant to the provisions of the Wild Free-Roaming Horses and Burros Act, 16 U.S.C. §§ 1331, et seq., or any other applicable provision of federal law.
5. "Wild horse" means a horse, mare or colt which is unbranded and unclaimed and lives on public land.
Sec. 2 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.] a ranch that uses public land for grazing and upon which wild horses live.
(c) A member of the board of county commissioners of a county:
(1) Whose population is less than 40,000; and
(2) In which wild horses live in a management area.
(d) A veterinarian who:
(1) Is licensed to practice veterinary medicine in this state; and
(2) Has experience in the treatment of horses or any other equine.
The veterinarian must be appointed from a list of three veterinarians nominated by the state board of agriculture.
(e) A wildlife biologist who has experience in the management of herbivores. The biologist must be appointed from a list of three biologists nominated by the board of wildlife commissioners.
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. The members of the commission shall elect a chairman and vice chairman from among the members of the commission. After the initial election of a chairman and vice chairman, each of those officers holds office for a term of 1 year. If a vacancy occurs in the chairmanship or vice chairmanship, the members of the commission shall elect a chairman or vice chairman from among its members for the remainder of the unexpired term.
4. 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.] 5. 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.] 6. The commission [for the preservation of wild horses] shall meet at least quarterly each year and on the call of the [executive director] chairman or vice chairman or any two members.
Sec. 3 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 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.
3. 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 executive director or an employee of the commission unless the filing is approved by the commission.
Sec. 4 NRS 504.470 is hereby amended to read as follows:
504.470 1. The primary duties of the commission are to [preserve the herds] encourage the preservation of wild horses living in management areas and identify programs to [maintain the herds in a thriving natural ecological balance.] manage wild horses in a manner that balances the general physical condition of the herds of wild horses with the ecological condition of the rangelands and other resources required by those herds. To carry out these duties [it] , the commission shall:
(a) Promote the management and [protection] preservation of wild horses [;
(b) Act as liaison between the state, the general public and interested organizations on the issue of the preservation of wild horses;
(c) Advise] living in management areas;
(b) Encourage cooperative efforts between the State of Nevada and the Federal Government for the removal and disposal of wild horses that do not live within a management area;
(c) Submit annually a written report to the governor [on] and the legislature, or if the legislature is not in session, to the legislative commission, concerning the status of wild horses in Nevada and the activities of the commission;
(d) Solicit and accept contributions for the commission fund ; [and the Heil trust fund for wild horses;]
(e) Recommend to the legislature legislation [which] that is consistent with federal law;
(f) Develop, identify, initiate, manage and coordinate any projects [to study, preserve and manage wild horses and their habitat;] that are consistent with the primary duties of the commission specified in this subsection;
(g) Monitor the activities of state and federal agencies, including the military, [which] that affect wild horses;
(h) Participate in programs designed to encourage the [protection and management] removal and disposal of wild horses; and
(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 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; and
(b) Adopt regulations necessary to carry out the purposes of NRS 504.430 to 504.490, inclusive.
Sec. 5 NRS 504.480 is hereby amended to read as follows:
504.480 The commission may enter into agreements with the Federal Government to:
1. Coordinate research by state and federal agencies concerning wild horses and their habitat.
2. Create a range for wild horses for the study of wild horses and to allow the public to view them in their natural habitat.
3. Finance improvements to benefit wild horses on federal lands.
4. [Coordinate] Provide financial assistance for the removal and disposal of wild horses if:
(a) As determined by the Federal Government, the general physical condition of the herds of wild horses and the ecological condition of the rangelands and other resources required by those herds are threatened or begin to deteriorate because of the population of the wild horses within those herds; and
(b) The removal and disposal is authorized by federal law.
5. Engage in cooperative efforts to apprehend and prosecute violators of federal and state laws concerning wild horses.
Sec. 6 1. The term of each member of the commission for the preservation of wild horses expires on June 30, 1997.
2. As soon as practicable after July 1, 1997, the governor shall appoint:
(a) One member to the commission for the preservation of wild horses to an initial term that expires on June 30, 1998.
(b) Two members to the commission for the preservation of wild horses to initial terms that expire on June 30, 1999.
(c) Two members of the commission for the preservation of wild horses to initial terms that expire on June 30, 2000.
Sec. 7 This act becomes effective on June 30, 1997.