Nevada 2019 Regular Session Status: Enacted

AB 83 — Makes various changes to provisions relating to wildlife. (BDR 45-210)

Last action — Approved by the Governor. Chapter 139.

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced November 21, 2018. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

AN ACT relating to wildlife; authorizing an employee of the Department of Wildlife to take any wildlife in the interest of public safety under certain circumstances; authorizing the Department to expend money from the Wildlife Heritage Account; providing certain protections to moose under certain circumstances; limiting a certain exemption that allowed a person to kill certain animals if necessary to protect property; revising provisions governing the issuance of a resident license, tag or permit; deleting the requirement that a person purchase a resource enhancement stamp to be eligible to participate in a Dream Tag raffle; authorizing a person to donate money voluntarily to the Wildlife Account in the State General Fund by purchasing a resource enhancement stamp; expanding the circumstances considered unlawful harassment of wildlife; clarifying the exemption from the prohibition against placing or setting a trap, snare or similar device within a certain distance from a public road or highway within this State; providing penalties; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

411 added · 426 removed

411 line(s) added, 426 removed.

→
Previous
Latest
(Reprinted with amendments adopted on April 15, 2019) FIRST REPRINT A.B.
Assembly Bill No.
83 A SSEMBLY B ILLN O.
83–Committee on Natural Resources, Agriculture, and Mining CHAPTER..........
83–COMMITTEE ON N ATURAL RESOURCES , AGRICULTURE ,AND M INING (ON B EHALF OF THE DEPARTMENT OF W ILDLIFE ) PREFILED N OVEMBER 21, 2018 ____________ Referred to Committee on Natural Resources, Agriculture, and Mining SUMMARY—Makes various changes to provisions relating to wildlife.
(BDR 45-210) FISCAL NOTE:
Effect on Local Government:
Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
- *AB83_R1* – 2 – Legislative Counsel’s Digest:
Legislative Counsel’s Digest:
Existing law authorizes an employee of the Department of Wildlife to take any wildlife, except on private property without lawful authority, for any purpose determined by the Director of the Department to be in the interest of conserving wildlife in this State, if the taking of the wildlife complies with certain federal requirements.
Existing law authorizes an employee of the Department of Wildlife to take any wildlife, except on private property without lawful authority, for any purpose determined by the Director of the Department to be in the interest of conserving requirements.
(NRS 501.3525) Section 1 of this bill expands that authority to allow an employee of the Department to take any wildlife for any purpose determined by the Existing law creates the Wildlife Heritage Account in the State General Fund and requires the Department of Wildlife to use the money in the Account for:
(NRS 501.3525) Section 1 of this bill expands that authority to allow an employee of the Department to take any wildlife for any purpose determined by the Director to be in the interest of public safety.
(1) the protection, propagation, restoration, transplantation,introduction and management of wildlife;
Existing law creates the Wildlife Heritage Account in the State General Fund and requires the Department of Wildlife to use the money in the Account for:
and (2) the management and control of predatory wildlife in this State.
(1) the protection, propagation, restoration, transplantation,introduction and in this State.
The Department may annually expend from the Account not more than 75 percent of the money deposited in the Account during the previous year and the total amount of interest earned on the money in the Account during that year.
The Department may annually expend from the Account not moredlife than 75 percent of the money deposited in the Account during the previous year and the total amount of interest earned on the money in the Account during that year.
another person in killing a bighorn sheep, mountain goat, elk, deer, pronghornbetting antelope, mountain lion or black bear in certain ways, during certain times or without a tag.
Existing law prohibits a person from intentionally killing or aiding and abetting antelope, mountain lion or black bear in certain ways, during certain times or without a tag.
Existing law provides an exemption from the prohibition for killing such an animal when necessary to protect the property of a person who is in imminent danger of being attacked by the animal.
Existing law provides an exemption from the - 80th Session (2019) – 2 – prohibition for killing such an animal when necessary to protect the property of a person who is in imminent danger of being attacked by the animal.
Section 2 limits that exemption to circumstances under which the killing of the danger of being attacked by the animal.
Section 2 limits that exemption to circumstances under which the killing of the animal is necessary to protect the life of any livestock or pet which is in imminent danger of being attacked by the animal.
Section 2 leaves the exemption that imminent applies when the killing of the animal is necessary to protect the life of a person.
Section 2 leaves the exemption that applies when the killing of the animal is necessary to protect the life of a person.
(NRS 502.015) Section 5 of this bill revises the requirements to provide that the person must not have purchased or applied for any hunting, fishing or trapping privilege or entitlement conditional upon residency from another state, country or province.
(NRS 502.015) Section 5 of this bill revises the requirements to provide that the privilege or entitlement conditional upon residency from another state, country or province.
by raffle each year known as “Dream Tags.” To be eligible to participate in ae tags Dream Tag raffle, a person is required to purchase a resource enhancement stamp for a fee of $10.
Existing law establishes a program for the issuance of additional big game tags by raffle each year known as “Dream Tags.” To be eligible to participate in a Dream Tag raffle, a person is required to purchase a resource enhancement stamp for a fee of $10.
Under existing law, it is unlawful to harass any game mammals or game birds sailboat.
with an aircraft, helicopter or motor-driven vehicle, including a motor boat or sailboat.
- *AB83_R1* – 3 – Under existing law, it is unlawful for any person, company or corporation to place or set any trap, snare or similar device within 200 feet of any public road or highway within this State.
Under existing law, it is unlawful for any person, company or corporation to place or set any trap, snare or similar device within 200 feet of any public road or highway within this State.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
501.3525 An employee of the Department may take any wildlife from any place, except private property without lawful authority, and in any manner for any purpose determined by the Director to be in the interest of public safety or conserving wildlife in this State if the taking of the wildlife complies with the requirements established by the United States Fish and Wildlife Service or any other agency of the Federal Government.
501.3525 An employee of the Department may take any wildlife from any place, except private property without lawful - 80th Session (2019) – 3 – authority, and in any manner for any purpose determined by the Director to be in the interest of public safety or conserving wildlife in this State if the taking of the wildlife complies with the requirements established by the United States Fish and Wildlife Service or any other agency of the Federal Government.
(a) The protection, propagation, restoration, transplantation, introduction and management of any game fish, game mammal, game bird or fur-bearing mammal in this State;
introduction and management of any game fish, game mammal,tation, game bird or fur-bearing mammal in this State;
[The] Except as otherwise provided in this subsection, the Department may annually expend from the Wildlife Heritage - *AB83_R1* – 4 – Account an amount of money not greater than 75 percent of the money deposited in the Account pursuant to subsection 2 during the previous year and the total amount of interest earned on the money in the Account during the previous year.
[The] Except as otherwise provided in this subsection, the Department may annually expend from the Wildlife Heritage Account an amount of money not greater than 75 percent of the money deposited in the Account pursuant to subsection 2 during the in the Account during the previous year.
In addition, the Department may, at any time, expend from the Account any portion of the amount of money in the Account which exceeds $5,000,000.
In addition, thethe money Department may, at any time, expend from the Account any portion of the amount of money in the Account which exceeds $5,000,000.
(a) Outside of the prescribed season set by the Commission for the lawful hunting of that animal;
- 80th Session (2019) – 4 – (a) Outside of the prescribed season set by the Commission for the lawful hunting of that animal;
animal pursuant to NRS 503.140;
(1) The time of day set by the Commission for hunting that animal pursuant to NRS 503.140;
orhe Commission for hunting that (2) If the Commission has not set such a time, between sun(e) Without a valid tag issued by the Department for hunting that animal.
or sunrise and sunset as determined pursuant to that section;
or (e) Without a valid tag issued by the Department for hunting that animal.
- *AB83_R1* – 5 – 3.
be punished for a category E felony as provided in NRS 193.130 or, if the court reduces the penalty pursuant to this subsection, for a gross misdemeanor.
A person who violates the provisions of subsection 1 shall be punished for a category E felony as provided in NRS 193.130 or, if the court reduces the penalty pursuant to this subsection, for a gross misdemeanor.
A person shall not willfully possess any animal specified in subsection 1 if the person knows the animal was killed in violation of subsection 1 or the circumstances should have caused a reasonable person to know that the animal was killed in violation of subsection 1.
A person shall not willfully possess any animal specified in subsection 1 if the person knows the animal was killed in violation of subsection 1 or the circumstances should have caused a - 80th Session (2019) – 5 – reasonable person to know that the animal was killed in violation of subsection 1.
obtained as a result of the commission of an act prohibited by NRS 503.010 or a regulation of the Commission which prohibits the location of big game mammals for the purpose of hunting or killing by the use of:
2.
To hunt or kill a big game mammal by using information obtained as a result of the commission of an act prohibited by NRS 503.010 or a regulation of the Commission which prohibits the location of big game mammals for the purpose of hunting or killing by the use of:
- *AB83_R1* – 6 – Sec.
Sec.
Show all 79 changed rows (39 more)
Previous
Latest
501.388 1.
suspension, revocation or other penalty imposed pursuant to any other provision of this title:
The Commission may, in addition to any suspension, revocation or other penalty imposed pursuant to any other provision of this title:
and (2) Revoke that person’s privilege to apply for any big game tag for a period not to exceed 10 years.
and - 80th Session (2019) – 6 – (2) Revoke that person’s privilege to apply for any big game tag for a period not to exceed 10 years.
and citizen of, or is lawfully entitled to remain in, (b) During the 6 months next preceding the person’s application to the(1) Maintained his or her principal and permanent residence in this State;
and citizen of, or is lawfully entitled to remain in, (b) During the 6 months next preceding the person’s application to the Department for a license, tag or permit, the person:
(1) Maintained his or her principal and permanent residence in this State;
and (b) Did not purchase or apply for any [resident license, tag or permit to hunt, fish or trap in] hunting, fishing or trapping - *AB83_R1* – 7 – privilege or entitlement conditional upon residency from another state, country or province.
and permit to hunt, fish or trap in] hunting, fishing or trappingag or privilege or entitlement conditional upon residency from another state, country or province.
As used in this section, “principal and permanent residence” means a place where a person is legally domiciled and maintains a permanent habitation in which the person lives and to which the person intends to return when he or she leaves the state in which the permanent habitation is located.
As used in this section, “principal and permanent residence” means a place where a person is legally domiciled and maintains a permanent habitation in which the person lives and to which the person intends to return when he or she leaves the state in which the - 80th Session (2019) – 7 – permanent habitation is located.
(b) For the issuance of one Dream Tag for each species of big game for which 50 or more tags were available under the quota established for the species by the Commission during the previous year;
(b) For the issuance of one Dream Tag for each species of big established for the species by the Commission during the previous year;
and pursuant to this section.eam Tags to a nonprofit organization 2.
and (c) For the sale of Dream Tags to a nonprofit organization pursuant to this section.
The Department shall administer the program and shall take out the provisions of this section and NRS 502.222 and 502.225.y 3.
2.
The Department shall administer the program and shall take such actions as the Department determines are necessary to carry out the provisions of this section and NRS 502.222 and 502.225.
3.
[to persons who purchase a resource enhancement stamp pursuant to NRS 502.222.] (b) The nonprofit organization must agree to enter into a contract with a private entity that is approved by the Department which requires that the private entity agree to act as the agent of the nonprofit organization to sell chances to win Dream Tags, conduct any required drawing for Dream Tags and issue Dream Tags.
[to persons who purchase a resource enhancement stamp pursuant to NRS 502.222.] (b) The nonprofit organization must agree to enter into a which requires that the private entity agree to act as the agent of the nonprofit organization to sell chances to win Dream Tags, conduct any required drawing for Dream Tags and issue Dream Tags.
For the purposes of this paragraph, a private entity that has entered into - *AB83_R1* – 8 – a contract with the Department pursuant to NRS 502.175 to conduct a drawing and to award and issue tags or permits as established by the Commission shall be deemed to be approved by the Department.
For the purposes of this paragraph, a private entity that has entered into a contract with the Department pursuant to NRS 502.175 to conduct a drawing and to award and issue tags or permits as established by the Commission shall be deemed to be approved by the Department.
(c) All money received by the nonprofit organization from the proceeds of the Dream Tag raffle, less the cost of the Dream Tags purchased by the nonprofit organization and any administrative costs charged by the Community Foundation of Western Nevada, must be used for the preservation, protection, management or restoration of game and its habitat, as determined by the Advisory Board on Dream Tags created by NRS 502.225.
(c) All money received by the nonprofit organization from the proceeds of the Dream Tag raffle, less the cost of the Dream Tags purchased by the nonprofit organization and any administrative costs charged by the Community Foundation of Western Nevada, must be used for the preservation, protection, management or - 80th Session (2019) – 8 – restoration of game and its habitat, as determined by the Advisory Board on Dream Tags created by NRS 502.225.
(a) The number of Dream Tags issued during the immediately preceding calendar year;
preceding calendar year;am Tags issued during the immediately (b) The total amount of money paid to the Department for Dream Tags during the immediately preceding calendar year;
(b) The total amount of money paid to the Department for Dream Tags during the immediately preceding calendar year;
(c) The total amount of money received by the nonprofit organization from the proceeds of the Dream Tag raffle, the amount of such money expended by the nonprofit organization and a description of each project for which the money was spent;
(c) The total amount of money received by the nonprofit organization from the proceeds of the Dream Tag raffle, the amount description of each project for which the money was spent;
and (d) Any recommendations concerning the program or necessary legislation.
and (d) Any recommendations concerning the program or necessary leg6.laAs used in this section, “big game tag” means a tag permitting a person to hunt any species of pronghorn antelope, bear, deer, mountain goat, mountain lion, bighorn sheep or elk.
6.
As used in this section, “big game tag” means a tag permitting a person to hunt any species of pronghorn antelope, bear, deer, mountain goat, mountain lion, bighorn sheep or elk.
Resource enhancement stamps must be sold for a fee of $10 each by the Department and by persons authorized by the Department to sell the stamps.
Resource enhancement stamps must be sold for a fee of $10 each by the Department and by persons authorized by the Department for resource enhancement stamps pursuant to this section must be deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund.
All money received by the Department for resource enhancement stamps pursuant to this section must be deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund.
Except as otherwise provided in this section or subsection 2 of NRS 503.005, it is unlawful to harass any game - *AB83_R1* – 9 – mammals or game birds by any means, including, without limitation, with [an] a manned or unmanned aircraft, firearm, helicopter [or] , horse, motorboat, motor-driven vehicle [, including a motorboat] , noisemaker or sailboat.
Except as otherwise provided in this section or subsection 2 of NRS 503.005, it is unlawful to harass any game mammals or game birds by any means, including, without limitation, with [an] a manned or unmanned aircraft, firearm, helicopter [or] , horse, motorboat, motor-driven vehicle [, including a motorboat] , noisemaker or sailboat.
Except as otherwise provided in this subsection, it is unlawful to shoot at any game mammals or game birds with a weapon from [an] a manned or unmanned aircraft, helicopter or motor-driven vehicle.
Except as otherwise provided in this subsection, it is unlawful to shoot at any game mammals or game birds with a - 80th Session (2019) – 9 – weapon from [an] a manned or unmanned aircraft, helicopter or motor-driven vehicle.
It is unlawful to spot or locate game mammals or game birds with any kind of manned or unmanned aircraft or helicopter and communicate that information, within 24 hours after the aircraft or helicopter has landed or in violation of a regulation of the Commission, by any means to a person on the ground for the purpose of hunting or trapping.
It is unlawful to spot or locate game mammals or game birds with any kind of manned or unmanned aircraft or helicopter and helicopter has landed or in violation of a regulation of theraft or Commission, by any means to a person on the ground for the purpose of hunting or trapping.
It is unlawful to use any information obtained in violation of game birds.ons of subsection 3 to hunt or kill game mammals or 5.
It is unlawful to use any information obtained in violation of the provisions of subsection 3 to hunt or kill game mammals or game birds.
It is unlawful to use a helicopter to transport game, hunters or (a) The cargo or passengers, or both, are loaded and unloaded at airports, airplane landing fields or heliports, which have been established by a department or agency of the Federal or State Government or by a county or municipal government and which are accessible by a public road;
5.
It is unlawful to use a helicopter to transport game, hunters or hunting equipment, except when:
(a) The cargo or passengers, or both, are loaded and unloaded at airports, airplane landing fields or heliports, which have been established by a department or agency of the Federal or State Government or by a county or municipal government and which are accessible by a public road;
(a) Use any information obtained from a radio signal or other transmission received from any transmitting device;
transmission received from any transmitting device;gnal or other (b) Make use of equipment designed to receive a radio signal or other transmission from a transmitting device;
(b) Make use of equipment designed to receive a radio signal or other transmission from a transmitting device;
- *AB83_R1* – 10 – 7.
7.
8.
- 80th Session (2019) – 10 – 8.
(a) A highway designated as a United States highway.
(b) A highway designated as a state highway pursuant to the provisions of NRS 408.285.
provisions of NRS 408.285.d as a state highway pursuant to the (c) A main or general county road as defined by NRS 403.170.
(c) A main or general county road as defined by NRS 403.170.
place or set any trap, snare or similar device used for the purpose of trapping mammals within 200 feet of any public road or highway within this State.
2.
It is unlawful for any person, company or corporation to place or set any trap, snare or similar device used for the purpose of trapping mammals within 200 feet of any public road or highway within this State.
(a) Prevent the placing or setting of any trap, snare or similar device inside, along or near a fence which may be situated less than 200 feet from any public road or highway upon privately owned lands.
(a) Prevent the placing or setting of any trap, snare or similar device inside, along or near a fence which may be situated less than feet from any public road or highway upon privately owned lands.
H - *AB83_R1*
~~~~~ 19 - 80th Session (2019)
⬇ Download PDF
View plain text versions (3)

Amendments

2 amendments

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Approved by the Governor. Chapter 139.

  2. Enrolled and delivered to Governor.

  3. In Assembly. To enrollment.

  4. Read third time. Passed. Title approved. (Yeas: 20, Nays: None, Excused: 1.) To Assembly.

  5. From committee: Do pass. Placed on Second Reading File. Read second time.

  6. In Senate. Read first time. Referred to Committee on Natural Resources. To committee.

  7. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved. (Yeas: 40, Nays: None, Excused: 2.) To Senate.

  8. Read second time. Amended. (Amend. Nos. 97 and 267.) To printer.

  9. Taken from Second Reading File. Placed on Second Reading File for next legislative day.

  10. From committee: Amend, and do pass as amended.

  11. Read first time. To committee.

  12. From printer.

  13. Prefiled. Referred to Committee on Natural Resources, Agriculture, and Mining. To printer.

Sponsors

  • Assembly Committee on Natural Resources, Agriculture, and Mining · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Assembly Committee on Natural Resources, Agriculture, and Mining

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

Show all 66 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

environment
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 83 do?
AN ACT relating to wildlife; authorizing an employee of the Department of Wildlife to take any wildlife in the interest of public safety under certain circumstances; authorizing the Department to expend money from the Wildlife Heritage Account; providing certain protections to moose under certain circumstances; limiting a certain exemption that allowed a person to kill certain animals if necessary to protect property; revising provisions governing the issuance of a resident license, tag or permit; deleting the requirement that a person purchase a resource enhancement stamp to be eligible to participate in a Dream Tag raffle; authorizing a person to donate money voluntarily to the Wildlife Account in the State General Fund by purchasing a resource enhancement stamp; expanding the circumstances considered unlawful harassment of wildlife; clarifying the exemption from the prohibition against placing or setting a trap, snare or similar device within a certain distance from a public road or highway within this State; providing penalties; and providing other matters properly relating thereto.
Who sponsors AB 83?
AB 83 is sponsored by Assembly Committee on Natural Resources, Agriculture, and Mining.
What is the current status of AB 83?
This bill has been enacted into law. Introduced November 21, 2018. Enacted.
Where can I track AB 83?
Track AB 83 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 83

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 83

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →