Senate Bill No. 310-Committee on Natural Resources
April 17, 1997
____________
Referred to Committee on Natural Resources
SUMMARY--Requires sterilization of certain animals that are adopted from certain entities. (BDR 50-386)
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 animals; requiring the sterilization of certain animals that are adopted from certain entities; 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 Chapter 574 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 14, inclusive, of this act.
Sec. 2. As used in sections 2 to 14, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 8, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. "Agreement for sterilization" means the written contract between a new owner and the releasing agency from which the new owner adopts a pet, in which the new owner agrees to have the pet sterilized.
Sec. 4. "New owner" means a person who is adopting a pet from a releasing agency.
Sec. 5. 1. "Pet" means an animal that is kept by a person primarily for companionship or personal enjoyment.
2. "Pet" does not include an animal that is kept by a person primarily for:
(a) Hunting;
(b) Use in connection with farming or agriculture;
(c) Breeding;
(d) Drawing heavy loads; or
(e) Use as a guide dog, hearing dog, helping dog or other service animal, as those terms are defined in chapter 426 of NRS.
Sec. 6. 1. "Releasing agency" means:
(a) A society incorporated pursuant to NRS 574.010 to prevent cruelty to animals;
(b) An animal shelter designated by a local government for receiving and holding animals;
(c) A nonprofit entity that provides for the temporary shelter, care or placement of pets; or
(d) An organization that takes into custody pets which have been abandoned, abused or neglected and places those pets with new owners.
2. "Releasing agency" does not include:
(a) A natural person who transfers or sells a pet to another person.
(b) A person who:
(1) Receives income from the breeding and selling of pets; and
(2) Possesses a business license issued by the department of taxation pursuant to NRS 364A.130 for his breeding and selling business.
(c) A store, shop or business that sells pets for profit.
Sec. 7. "Sterilization" means a procedure performed by a veterinarian on a pet that permanently destroys the capacity of the pet to reproduce.
Sec. 8. "Veterinarian" has the meaning ascribed to it in NRS 574.330.
Sec. 9. 1. Except as otherwise provided in subsection 2, a releasing agency shall not release a pet for adoption unless:
(a) The pet has been sterilized; or
(b) The pet is released to a new owner who:
(1) Is of competent legal capacity;
(2) Pays to the releasing agency a deposit of $75; and
(3) Signs an agreement for sterilization that meets the requirements set forth in section 10 of this act.
2. This section does not apply to:
(a) A pet that:
(1) Is reclaimed from a releasing agency by a person who already owns the pet; or
(2) Cannot be sterilized because it is exotic or for another legitimate reason, as determined by a veterinarian.
(b) A releasing agency that imposes higher or more stringent standards for the adoption of pets.
(c) The temporary transfer of the custody of a pet that requires medical attention from a releasing agency to a veterinarian.
(d) The temporary or permanent transfer of the custody of a pet from one releasing agency to another releasing agency.
Sec. 10. 1. An agreement for sterilization required pursuant to subsection 1 of section 9 of this act must contain:
(a) The date on which the agreement was executed;
(b) The date on which the new owner will receive the pet, if that date is different than the date on which the agreement was executed;
(c) The name and address of the new owner and the releasing agency;
(d) The signature of the new owner and the signature, official stamp or seal of the releasing agency;
(e) A physical description of the pet to be adopted;
(f) The date by which the pet must be sterilized, as determined pursuant to subsection 2;
(g) The date by which the new owner must notify the releasing agency that the pet has been sterilized, as determined pursuant to subsection 3;
(h) The conditions pursuant to which the releasing agency will return to the new owner the deposit paid pursuant to section 9 of this act;
(i) A clause which provides that, in the event of a breach of the agreement by the new owner, the new owner must pay liquidated damages in an amount equal to twice the amount of the deposit required pursuant to section 9 of this act plus the amount of any court costs that the releasing agency may reasonably expect to incur in an action to enforce the clause; and
(j) A statement printed in at least 14-point bold type that a new owner who fails to comply with subsection 1 or 2 of section 12 of this act:
(1) Will forfeit his deposit; and
(2) May be required to pay liquidated damages if the releasing agency brings a successful action to enforce the clause set forth in paragraph (i).
2. The releasing agency shall determine the date by which each unsterilized pet that it releases for adoption must be sterilized. That date must be:
(a) For a pet that is an adult, the 30th day after the date on which the new owner receives the pet.
(b) For a pet that is an infant female, the 30th day after the date on which the pet is 6 months old, as estimated by the releasing agency.
(c) For a pet that is an infant male, the 30th day after the date on which the pet is 8 months old, as estimated by the releasing agency.
If the date determined pursuant to this subsection falls on a Saturday, Sunday or a legal holiday, the pet must be sterilized by 5 p.m. on the next following business day.
3. The date by which the new owner must notify the releasing agency that the pet has been sterilized must be the 14th day after the date by which the pet must be sterilized. If that date falls on a Saturday, Sunday or a legal holiday, the new owner must notify the releasing agency by 5 p.m. on the next following business day.
Sec. 11. 1. Except as otherwise provided in subsection 2, if a new owner presents to the releasing agency a letter signed by a veterinarian stating that the life or health of the pet may be jeopardized by sterilization, the agency may postpone for 30 days the date by which the pet must be sterilized. There is no limit on the number of postponements that may be granted pursuant to this subsection.
2. Before the releasing agency may grant a postponement pursuant to subsection 1, the agency and the new owner must modify the agreement for sterilization to provide amended dates by which the pet must be sterilized and the agency must be notified of the sterilization.
Sec. 12. 1. Except as otherwise provided in subsection 2, a new owner who signs an agreement for sterilization and receives an unsterilized pet from a releasing agency shall:
(a) Have that pet sterilized on or before the date specified in the agreement for sterilization; and
(b) Submit to the releasing agency, on or before the date by which notification is required in the agreement for sterilization, a letter signed by a veterinarian:
(1) Verifying that the pet has been sterilized;
(2) Stating the date on which the pet was sterilized; and
(3) Providing a physical description of the pet.
2. A new owner shall be deemed to have complied with the provisions of subsection 1 if he submits to the releasing agency, on or before the date by which notification is required in the agreement for sterilization, a signed affidavit in which he sets forth a compelling reason why he is unable to have the pet sterilized, including, without limitation, that the pet has been lost or stolen. For the purposes of this subsection, financial hardship or the negligent or willful failure of the new owner to have the pet sterilized does not constitute a compelling reason.
3. A releasing agency shall refund to a new owner the deposit paid pursuant to section 9 of this act within 15 days after the timely receipt of the notification or affidavit required pursuant to subsection 1 or 2.
4. If a new owner fails to comply with subsection 1 or 2, the releasing agency:
(a) Shall retain the deposit paid by the new owner; and
(b) May bring an action against the new owner in the justice's court in whose jurisdiction the releasing agency is located to enforce the clause in the agreement for sterilization which provides that, in the event of a breach of the agreement by the new owner, the new owner must pay liquidated damages.
Sec. 13. 1. Each releasing agency shall:
(a) Establish an account at a bank, credit union or savings and loan association that is located within the State of Nevada; and
(b) Place in that account:
(1) A deposit paid by a new owner pursuant to section 9 of this act; and
(2) Money collected by the agency pursuant to subsection 4 of section 12 of this act.
2. The releasing agency may expend money in such an account only to:
(a) Provide education and information regarding the sterilization of pets;
(b) Provide financial assistance to persons with financial need to enable such persons to have their pets sterilized; and
(c) Carry out and enforce sections 2 to 14, inclusive, of this act.
3. If a releasing agency is an agency or instrumentality of a local government, money in such an account at the end of the fiscal year does not revert to the general fund of the local government but remains in the account for expenditure pursuant to subsection 2.
Sec. 14. It is unlawful for a person to make a knowingly false, deceptive or misleading statement in connection with the adoption of a pet pursuant to sections 2 to 13, inclusive, of this act.
Sec. 15. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
Sec. 16. 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.