A.B. 568


   Assembly Bill No. 568--Committee on Judiciary

                    May 5, 1995
                 _____________


        Referred to Committee on Judiciary


SUMMARY--Revises provisions governing prevention of 
          cruelty to animals. (BDR 50-1868)

FISCAL NOTE:  Effect on Local Government: No.
              Effect on the State or on Industrial Insurance: No.



EXPLANATION--Matter in italics is new; matter in bra
ckets [ ] is material to be omitted.

AN ACT relating to animals; revising various provisions governing the 
        prevention of cruelty to animals; 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 a new section to read as 
follows:\
   1.  Three or more residents of the State of Nevada may 
incorporate as a body corporate pursuant to chapter 78 of 
NRS for the purpose of preventing cruelty to animals.
  2.  A society for the prevention of cruelty to animals 
shall:
  (a) Adopt bylaws providing for the election of officers;
  (b) Elect officers and fill vacancies in accordance with 
the bylaws adopted by the society;
  (c) Provide such reports of elections as are required by 
law of all corporations; and
  (d) Provide to each regular session of the legislature a 
full account of all activities of the society.
  3.  A society for the prevention of cruelty to animals 
may adopt bylaws which:
  (a) Govern the admission of associates and members;
  (b) Provide for meetings;
  (c) Are considered necessary by the society to further the 
purposes of this chapter, and to regulate and manage the 
business affairs of the society;
  (d) Prescribe the duties of the officers of the society; 
and
  (e) Provide for the expenditure of money by the society 
and the auditing of its accounts.
  4.  The bylaws adopted by a society for the prevention of 
cruelty to animals must not conflict with the laws of the 
State of Nevada or of the United States.\\
  Sec. 2.  NRS 574.050 is hereby amended to read 
as follows:
  574.050  As used in NRS 574.050 to 574.200, inclusive [:] 
\, unless the context otherwise requires:\\
  1.  "Animal" \means a warm-blooded vertebrate, but 
\\does not include the human race [, but includes every 
other living creature.] \or a rodent.\\
  2.  "Torture" or "cruelty" includes every act, omission or 
neglect, whereby unjustifiable physical pain, suffering or 
death is caused or permitted.
  Sec. 3.  NRS 574.055 is hereby amended to read 
as follows:
  574.055  1.  [Any] \If an animal control officer, 
\\peace officer or \other \\officer [of a 
society for the prevention of cruelty to animals who is 
authorized to make arrests pursuant to NRS 574.040 shall, 
upon discovering any] \designated by a county sheriff 
or the chief of police of a metropolitan police department 
to take action pursuant to this chapter, discovers an\\ 
animal which is being treated cruelly, \he shall\\ 
take possession of [it] \the animal\\ and provide 
it with shelter and care or, [upon obtaining] \if he 
obtains the owner's \\written permission [from the owner 
of the animal,] \, he \\may destroy [it] \the 
animal\\ in a humane manner.
  2.  [When] \Except as otherwise provided in 
subsection 3, if \\an officer takes possession of an 
animal, he shall [give] \provide\\ to the owner [, 
if the owner can be found,] \of the animal\\ a 
\written \\notice containing [a written statement 
of the] \:
  (a) The\\ reasons for [the taking, the]\ taking 
possession of the animal;
  (b) The\\ location where the animal will be cared for 
and sheltered [, and the fact that there is] \; and
  (c) A statement that the officer has \\a limited lien 
on the animal for the cost of shelter and care.
  \3.  \\If the owner \of the animal\\ is 
not present [at the taking] \when an officer takes 
possession of an animal\\ and the officer cannot find 
the owner after a reasonable search, [he] \the 
officer\\ shall post the notice on the property from 
which he takes the animal. If the identity and address of 
the owner are later determined, the notice must be mailed to 
the owner immediately after the determination is made.
  [3.] \4.  \\An officer who takes possession of an 
animal pursuant to this section has a lien on the animal for 
the reasonable cost of care and shelter furnished to the 
animal and, if applicable, for its humane destruction. The 
lien does not extend to the cost of care and shelter for 
more than 2 weeks.
  [4.] \5.  \\Upon proof that the owner \of 
an animal\\ has been notified in accordance with 
subsection 2 or, if he has not been found or identified, 
that the required notice has been posted on the property 
where the animal was found, a court of competent 
jurisdiction may, after providing an opportunity for a 
hearing, order the animal sold at auction, humanely 
destroyed or continued in the care of the officer for such 
disposition as the officer sees fit.
  [5.] \6.  \\An officer who seizes an animal 
pursuant to this section is not liable for any action 
arising out of the taking or humane destruction of the 
animal.
  [6.] \7.  \\This section does not apply to any 
animal which is located on land being employed for an 
agricultural use as defined in NRS 361A.030 unless the owner 
of the animal or the person charged with the care of the 
animal is in violation of subsection 2 of NRS 574.100 and 
the impoundment is accomplished with the concurrence and 
supervision of the sheriff or his designee, a licensed 
veterinarian and the district brand inspector or his 
designee. In such a case, the sheriff shall direct that the 
impoundment occur no later than 48 hours after the 
veterinarian determines that a violation of subsection 2 of 
NRS 574.100 exists.
  [7.] \8.  \\The owner of an animal impounded in 
accordance with subsection [6] \7\\ must, before 
the animal is released to his custody, pay the charges 
approved by the sheriff as reasonably related to the 
impoundment, including the charges for the animal's food and 
water. If the owner is unable or refuses to pay the charges, 
the division of agriculture of the department of business 
and industry shall sell the animal. The division shall pay 
to the owner the proceeds of the sale remaining after 
deducting the charges reasonably related to the impoundment.
  Sec. 4.  NRS 574.080 is hereby amended to read 
as follows:
  574.080  [1.]  Any officer [authorized by law to make 
arrests] \specified in NRS 574.055\\ may lawfully 
take possession of any animals, [or implements,] 
\implements\\ or other property used or employed, 
or about to be used or employed, in the violation of any 
provision of law relating to fights among animals.
  [2.  He] \The officer\\ shall state to the person 
in charge thereof, at the time of such taking, his name and 
residence, and also the time and place at which the 
application provided for by NRS 574.090 will be made.
  Sec. 5.  NRS 574.100 is hereby amended to read 
as follows:
  574.100  Except in any case involving a willful or 
malicious act for which a greater penalty is provided by NRS 
206.150, a person [who: 
  1.  Overdrives, overloads, tortures or] \is guilty of 
a misdemeanor if he:
  1.  Tortures,\\ cruelly beats or unjustifiably 
injures, maims, mutilates or kills any animal, whether 
belonging to himself or to another;
  2.  Deprives any animal of necessary sustenance, food or 
drink, or neglects or refuses to furnish it such sustenance 
or drink;
  3.  Causes, procures or permits any animal to be 
[overdriven, overloaded,] tortured, cruelly beaten, [or] 
unjustifiably injured, maimed, mutilated or killed, or [to 
be] deprived of necessary food or drink;
  4.  Willfully sets on foot, instigates, engages in, or in 
any way furthers an act of cruelty to any animal, or any act 
tending to produce such cruelty; or
  5.  Abandons an animal in circumstances other than those 
prohibited in NRS 574.110 \.\\ [,
is guilty of a misdemeanor.]
  Sec. 6.  NRS 574.200 is hereby amended to read 
as follows:
  574.200  The provisions of NRS 574.050 to [574.190,] 
\574.170,\\ inclusive, and 574.210 to 574.510, 
inclusive, do not:
  1.  Interfere with any of the fish and game laws contained 
in Title 45 of NRS or any laws for the destruction of 
certain birds.
  2.  Interfere with the right to destroy any venomous 
reptiles or animals, or any animal known as dangerous to 
life, limb or property.
  3.  Interfere with the right to kill all animals and fowl 
used for [food.] \human consumption or the feeding of 
other animals.\\
  4.  Prohibit or interfere with any properly conducted 
scientific experiments or investigations which are performed 
under the authority of the faculty of [some] \a\\ 
regularly incorporated medical college or university of this 
state.
  5.  Interfere with any scientific or physiological 
experiments conducted or prosecuted for the advancement of 
science or medicine.
  6.  Prohibit or interfere with established methods of 
animal husbandry, including the raising, handling, feeding, 
housing and transporting of livestock or farm animals.
  Sec. 7.  NRS 574.230 is hereby amended to read 
as follows:
  574.230  "Animal" [includes every living creature that is] 
\means a warm-blooded vertebrate, but does\\ not 
\include \\a human being [.] \or a 
rodent.\\
  Sec. 8.  NRS 574.240 is hereby amended to read 
as follows:
  574.240  ["Animal shelter"] \"Shelter" \\means a 
facility [:
  1.  For receiving and holding animals;
  2.  Designated] \designated \\by a local 
government for receiving and holding animals \.\\ 
[; or
  3.  Operated by a society for the prevention of cruelty to 
animals, which is in compliance with the provisions of NRS 
574.010 to 574.040, inclusive, for receiving and holding 
animals.]
  Sec. 9.  NRS 574.260 is hereby amended to read 
as follows:
  574.260  "Dealer" means a person who, for compensation or 
profit, buys, sells, breeds, trades or imports cats or dogs 
for resale [.] \or adoption.\\
  Sec. 10.  NRS 574.290 is hereby amended to 
read as follows:
  574.290  "Operator" means a person responsible for the 
operation of:
  1.  A cattery, kennel or commercial establishment engaged 
in the business of selling animals; or
  2.  [An animal] \A\\ shelter.
  Sec. 11.  NRS 452.675 is hereby amended to 
read as follows:
  452.675  1.  A person shall not operate a crematory for 
pets unless he is a cemetery authority who:
  (a) Also holds a certificate of authority issued pursuant 
to NRS 452.340; and
  (b) Operates the crematory on the property to which that 
certificate of authority relates.
  2.  The provisions of this section do not apply to a 
society:
  (a) [Formed] \Which is formed\\ for the purpose 
of preventing cruelty to animals [as described in NRS 
574.010;] \pursuant to section 1 of this act; \\and
  (b) Which operates a shelter for animals.
  Sec. 12.  NRS 574.010, 574.020, 574.030, 
574.040, 574.180 and 574.190 are hereby repealed.


"T                                                        T" 

             LEADLINES OF REPEALED SECTIONS
"T                                                        T" 

  574.010  Incorporation.
  574.020  Bylaws.
  574.030  Elections; reports.
  574.040  Arrests by members, agents and officers; 
exhibition of badge; resistance to officers unlawful.
  574.180  Running horses on highway; penalty. 
   574.190  Carrying animal in cruel manner; 
penalty.

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