(REPRINTED WITH ADOPTED AMENDMENTS) SECOND REPRINT
Senate Bill No. 27-Committee on Natural Resources
January 23, 1997
____________
Referred to Committee on Natural Resources
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; expanding immunity from liability for trespass, damage or injury caused by an estray; expanding the list of entities with which the division of agriculture of the department of business and industry may enter into a cooperative agreement for the control, placement or disposition of estray livestock; making it unlawful to feed an estray; authorizing the division 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; requiring that an estray horse be branded before it is placed; 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:
~^
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 569.010 is hereby amended to read as follows:
569.010 1. Except as otherwise provided by law, all estrays within this state shall be deemed for the purpose of this section to be the property of the division.
2. The division has all rights accruing pursuant to the laws of this state to owners of such animals, and may:
(a) Dispose of estrays by sale through an agent appointed by the division; or
(b) Provide for the control, placement or disposition of estrays through cooperative agreements pursuant to NRS 569.031.
3. Except as otherwise provided by law, all money collected for the sale or for the injury or killing of any such animals must be held for 1 year, subject to the claim of any person who can establish legal title to any animal concerned. All money remaining unclaimed must be deposited in the livestock inspection account after 1 year. The division may disallow all claims if the division deems the claims illegal or not showing satisfactory evidence of title.
4. [The] Neither the division nor any political subdivision of this state is [not] liable for any trespass or other damage or injury caused by any of such estrays.
Sec. 3 NRS 569.031 is hereby amended to read as follows:
569.031 The division may enter into a cooperative agreement for the control, placement or disposition of the livestock with [the] another agency of this state or with a county, city, town, township , [or other] peace officer [or poundmaster.] , poundmaster or nonprofit organization. If an agreement is entered into, it must provide for:
1. The responsibility for the payment of the expenses incurred in taking up, holding, advertising and making the disposition of the estray, and any damages for trespass allowed pursuant to NRS 569.440;
2. The disposition of any money received from the sale of the livestock; [and]
3. The protection of the rights of a lawful owner of an estray pursuant to NRS 569.040 to 569.130, inclusive [.] ; and
4. The designation of the specific geographic area of this state to which the cooperative agreement applies.
The division shall annually review the actions of the cooperating person or entity for compliance with the agreement. The division may cancel the agreement upon a finding of noncompliant actions.
Sec. 4 NRS 569.040 is hereby amended to read as follows:
569.040 1. Except as otherwise provided in subsection 2, NRS 569.040 to 569.130, inclusive, or pursuant to a cooperative agreement established pursuant to NRS 569.031, it is unlawful for any person or his employees or agents, other than an authorized agent of the division, to [take] :
(a) Take up any estray and retain possession of it [.] ; or
(b) Feed any estray.
2. For a first violation of paragraph (b) of subsection 1, a person may not be cited or charged criminally but must be reminded that it is unlawful to feed an estray.
Sec. 5 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 brand inspection clearance certificate to the purchaser.
Sec. 6 NRS 569.080 is hereby amended to read as follows:
569.080 1. If an estray is not claimed within [10] 5 working days after the last publication of the advertisement required by NRS 569.070, it must be:
(a) Sold by the division; or
(b) [Given] Held by the division until 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] brand inspection clearance certificate to the purchaser.
3. Estray horses must be marked or branded before placement.
Sec. 7 The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
Sec. 8 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.