SUMMARY--Revises provisions relating to estrays. (BDR 50-959)
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 estrays; expanding the definition of "estray" to include sheep or other animals of the ovine species; authorizing the division of agriculture of the department of business and industry to sell an injured, sick or otherwise debilitated estray under certain circumstances; shortening the period during which an estray must remain unclaimed before it is sold or given a placement or other disposition; 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 569.005 is hereby amended to read as follows:
569.005 As used in NRS 569.010 to 569.130, inclusive, unless the context otherwise requires : [otherwise:]
1. "Division" means the division of agriculture of the department of business and industry.
2. "Estray" means any livestock running at large upon public or private lands in the State of Nevada, whose owner is unknown in the section where [such] the animal is found.
3. "Livestock" means:
(a) All cattle or animals of the bovine species;
(b) All horses, mules, burros and asses or animals of the equine species;
(c) All swine or animals of the porcine species;
(d) All goats or animals of the caprine species; [and]
(e) All sheep or animals of the ovine species; and
(f) All poultry or domesticated fowl or birds.
Sec. 2 NRS 569.070 is hereby amended to read as follows:
569.070 1. [Where] Except as otherwise provided in subsection 4, if the owner or probable owner of [estrays] an estray cannot with reasonable diligence be determined by the division or its [duly] authorized agent, the division shall advertise [them] the estray or cause [them] it to be advertised.
2. A notice of the estray , [or estrays,] with a full description, giving brands, marks and colors thereon, must be published in a newspaper published at the county seat of the county in which the estray [or estrays were] was taken up. If there is no newspaper published at the county seat of [such county, then] the county, the notice must be published in the newspaper published at the nearest point to [such] that county.
3. Expenses incurred in carrying out the provisions of [this section] subsections 1 and 2 must be deducted from the proceeds of the sale of the [estrays] estray advertised.
4. Except as otherwise provided in NRS 562.420, the division may sell an injured, sick or otherwise debilitated estray if, as determined by the division, the sale of the estray is necessary to facilitate the placement or other disposition of the estray. If an estray is sold pursuant to this subsection, the division shall give a bill of sale to the purchaser.
Sec. 3 NRS 569.080 is hereby amended to read as follows:
569.080 1. If an estray is not claimed within [10] 5 days after the last publication of the advertisement required by NRS 569.070, it must be:
(a) Sold by the division; or
(b) Given a placement or other disposition through a cooperative agreement established pursuant to NRS 569.031.
2. If the division sells the estray, the division shall give a bill of sale to the purchaser.