Nevada 2019 Regular Session Status: Enacted 1 D cosponsors

SB 342 — Revises provisions relating to animals. (BDR 14-748)

Last action — Approved by the Governor. Chapter 298.

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

This bill has been enacted into law. Introduced March 18, 2019. Enacted.

Prognosis

Advancing 60% · 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.

  • 5 sponsors

    5 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

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 animals; revising provisions relating to an animal impounded by a county, city or other local government under certain circumstances; providing for a hearing to determine whether a person is the owner of an animal and whether the person is fit and able to provide adequate care and shelter for that animal; requiring and authorizing a court to issue certain orders after such a hearing; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

282 added · 304 removed

282 line(s) added, 304 removed.

→
Previous
Latest
(Reprinted with amendments adopted on May 22, 2019) SECOND REPRINT S.B.
Senate Bill No.
342 SENATE B ILL NO .
342–Senators Scheible, Parks, Spearman;
342–SENATORS SCHEIBLE , PARKS , SPEARMAN ;
Dondero Loop and D.
DONDERO LOOP AND D.
Harris CHAPTER..........
H ARRIS M ARCH 18, 2019 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to animals.
(BDR 14-748) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
CONTAINS UNFUNDED MANDATE (§§ 1,7) (NOTR EQUESTED BAFFECTELOCAL GOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existing law provides that if a person is lawfully arrested and detained in a possessed by the person, the county must:
Existing law provides that if a person is lawfully arrested and detained in a county for more than 7 days, and if the county impounds any animal owned or possessed by the person, the county must:
and (3) if there is no such person, allow another person to care for the animal temporarily and, with the consent of the person who is arrested and detained, adopt the animal.
and (3) if there is no such person, allow person who is arrested and detained, adopt the animal.
Finally, existing law defines circumstances.
Finally, existing law defines the term “animal” for the purpose of an animal impounded by a county under such circumstances.
(NRS 171.1539) Section 1 of this bill provides that if a person is lawfully arrested and detained in a county, city or other local government, other than for a violation of certain acts which constitute engaging in cruelty to animals, and the county impounds any animal owned or possessed by the person, the county - *SB342_R2* – 2 – may, within 10 days after the arrest:
(NRS 171.1539) Section 1 of this bill provides that if a person is lawfully arrested and detained in a county, city or other local government, other than for a violation of certain acts which constitute engaging in cruelty to animals, and the county impounds any animal owned or possessed by the person, the county adequate care and shelter to care for the animal temporarily;
(1) allow another person who is able to provide adequate care and shelter to care for the animal temporarily;
or (2) take possessione of the animal.
or (2) take possession of the animal.
(4) is provided conspicuous place in each county or city jail or detention facility.
(4) is provided to each county or city jail or detention facility;
Additionally, section 1 revises the definition of the term “animal” to include an animal which is maintained as a pet whether or not the animal is domesticated.
and (5) must be posted in a conspicuous place in each county or city jail or detention facility.
Existing law requires a peace officer or animal control officer to take possession of an animal being treated cruelly.
Additionally, section 1 revises the definition of the term “animal” to include an animal which is mainExisting law requires a peace officer or animal control officer to take possession of an animal being treated cruelly.
(NRS 574.055) Sections 3- lawful arrest of a person in violation of provisions relating to an act whichto the constitutes cruelty to animals.
(NRS 574.055) Sections 3- of this bill establish provisions relating to an animal impounded incident to the lawful arrest of a person in violation of provisions relating to an act which constitutes cruelty to animals.
Section 7 of this bill requires notice be provided to such a person of his or her right to request a hearing to determine whether the person is the owner of the animal and whether the person is able or fit to provide adequate care and shelter to the animal.
Section 7 of this bill requires notice be provided to person is the owner of the animal and whether the person is able or fit to provide - 80th Session (2019) – 2 – adequate care and shelter to the animal.
Section to take possession of the animal.
Section of this bill requires the court to order, under certain circumstances, another person to take possession of the animal.
If the court determines that the person detained ison not the owner of the animal or is not able or fit to provide adequate care and shelter of the animal, section 8:
If the court determines that the person detained is of the animal, section 8:
(1) requires the court to order the person not to own or possess the animal and to order the transfer of the animal;
(1) requires the court to order the person not to own orlter possess the animal and to order the transfer of the animal;
(1) the county, city or other local government or animal shelter to bring an appropriate legal action to recover the reasonable cost of the shelter and care of the animal;
(1) the county, city or other local government or animal shelter to bring an appropriate (2) the court to order a later and separate hearing for such an action.the animal;
and (2)Section 11 of this bill revises the notices provided to the owner of an animal of which an officer took possession to include notice of the right of the owner to request a hearing pursuant to section 7 to determine ownership of the animal and whether the owner is able or fit to provide adequate care and shelter to the animal.
and Section 11 of this bill revises the notices provided to the owner of an animal of which an officer took possession to include notice of the right of the owner to request a hearing pursuant to section 7 to determine ownership of the animal and whether the owner is able or fit to provide adequate care and shelter to the animal.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
[If] Except as otherwise provided in sections 3 to 9, inclusive, of this act, if a person is lawfully arrested and detained [in a county for more than 7 days,] and [if] any animal owned or possessed by the person is impounded by the county , city or other local government in which the person is arrested at the time of the arrest or after the arrest, [the county must notify the person of the impoundment of the animal and request that] the - *SB342_R2* – 3 – person may provide [to the county] the name of any person who is authorized to care for the animal.
[If] Except as otherwise provided in sections 3 to 9, inclusive, of this act, if a person is lawfully arrested and detained [in a county for more than 7 days,] and [if] any animal owned or possessed by the person is impounded by the county , city or other local government in which the person is arrested at the time of the arrest or after the arrest, [the county must notify the person of the impoundment of the animal and request that] the person may provide [to the county] the name of any person who is authorized to care for the animal.
2.
- 80th Session (2019) – 3 – 2.
and (2) Providing care and shelter to an animal;
and (c) Be available in English, Spanish, Tagalog and Standard Chinese;
(c) Be available in English, Spanish, Tagalog and Standard Chinese;
[3.] 5.
its jurisdiction to enact and enforce ordinances relating to animals is not limited by an interlocal agreement, may adopt an ordinance which provides for time of not less than 5 days to a person lawfully arrested or detained for the purpose of providing the person a reasonable opportunity to locate another person to take possession of an animal.
The board of county commissioners of each county, if its jurisdiction to enact and enforce ordinances relating to animals - *SB342_R2* – 4 – is not limited by an interlocal agreement, may adopt an ordinance which provides for time of not less than 5 days to a person lawfully arrested or detained for the purpose of providing the person a reasonable opportunity to locate another person to take possession of an animal.
The city council or other governing body of each incorporated city, whether organized under general law or special charter, if its jurisdiction to enact and enforce ordinances relating to animals is not limited by an interlocal agreement, may adopt an ordinance which provides for time of not less than 5 days to a person lawfully arrested or detained for the purpose of providing the person a reasonable opportunity to locate another person to take possession of an animal.
The city council or other governing body of each incorporated city, whether organized under general law or special charter, if its jurisdiction to enact and enforce ordinances relating to animals is not limited by an interlocal agreement, may adopt an ordinance which provides for time of not less than 5 days to a - 80th Session (2019) – 4 – person lawfully arrested or detained for the purpose of providing the person a reasonable opportunity to locate another person to take possession of an animal.
[(a)] (1) Includes any chicken, pig, rabbit or other [domesticated] animal which is maintained as a pet [.
[domesticated] animal which is maintained as a pet [.t or other (b)] whether or not the animal is domesticated.
(b)] whether or not the animal is domesticated.
“Animal shelter” has the meaning ascribed to it in NRS 574.240.
“Animal shelter” has the meaning ascribed to it in NRSSec.
Show all 58 changed rows (18 more)
Previous
Latest
Sec.
If a person is lawfully arrested for a violation of NRS 574.070 or 574.100 and if an animal owned or possessed by the person is impounded by the county, city or other local - *SB342_R2* – 5 – government in connection with the arrest, the person must be notified in accordance with the provisions of subsection 2 of NRS 574.055 and be notified of his or her right to request a hearing within 5 days after receipt of the notice to determine whether the person is the owner of the animal and whether the person is able to provide adequate care and shelter to the animal.
If a person is lawfully arrested for a violation of NRS 574.070 or 574.100 and if an animal owned or possessed by the person is impounded by the county, city or other local government in connection with the arrest, the person must be notified in accordance with the provisions of subsection 2 of NRS 574.055 and be notified of his or her right to request a hearing within 5 days after receipt of the notice to determine whether the person is the owner of the animal and whether the person is able to provide adequate care and shelter to the animal.
If a person who is lawfully arrested and detained for a violation of NRS 574.070 or 574.100 does not request a hearing pursuant to subsection 1, or an owner of the animal has not been identified within 5 days of arrest, the county, city or other local government shall transfer ownership of the animal to an animal rescue organization, animal shelter or another person who is able to provide adequate care and shelter to the animal.
If a person who is lawfully arrested and detained for a violation of NRS 574.070 or 574.100 does not request a hearing - 80th Session (2019) – 5 – pursuant to subsection 1, or an owner of the animal has not been identified within 5 days of arrest, the county, city or other local government shall transfer ownership of the animal to an animal rescue organization, animal shelter or another person who is able to provide adequate care and shelter to the animal.
If the court receives a timely request pursuant to subsection 1, the court shall hold a hearing within 15 judicial days after receipt of the request to determine whether the person is the owner of an animal and whether the person is able and fit to provide adequate care and shelter to the animal.
If the court receives a timely request pursuant to subsection 1, the court shall hold a hearing within 15 judicial days after receipt of the request to determine whether the person is the owner of an animal and whether the person is able and fit to pro4.de For the purpose of conducting a hearing pursuant to this section, the court may consider:
4.
For the purpose of conducting a hearing pursuant to this section, the court may consider:
If the court determines by clear and convincing evidence that the person detained is the owner of the animal and the person is able and fit to provide adequate care and shelter for the animal, the court shall order the person or the designee of the person to take possession of the animal not later than 3 days after the issuance of the order.
If the court determines by clear and convincing evidence that the person detained is the owner of the animal and the animal, the court shall order the person or the designee of the person to take possession of the animal not later than 3 days after the issuance of the order.
- *SB342_R2* – 6 – 2.
2.
3.
- 80th Session (2019) – 6 – 3.
If the court makes a determination pursuant to subsection 2 of section 8 of this act, the county, city or other local government or animal shelter may by appropriate action recover the reasonable cost of any care and shelter furnished to the animal.
If the court makes a determination pursuant to subsection 2 of section 8 of this act, the county, city or other local government or animal shelter may by appropriate action recover the reasonable cost of any care and shelter furnished to the a determination about such costs.er and separate hearing to make Sec.
The court may order a later and separate hearing to make a determination about such costs.
Sec.
Any peace officer or animal control officer shall, upon discovering any animal which is being treated cruelly, take possession of it and provide it with shelter and care or, upon obtaining written permission from the owner of the animal, may destroy it in a humane manner.
Any peace officer or animal control officer shall, upon discovering any animal which is being treated cruelly, take obtaining written permission from the owner of the animal, may destroy it in a humane manner.
If an officer takes possession of an animal, the officer shall give to the owner, if the owner can be found, a notice containing a written statement of the reasons for the taking, the location where the animal will be cared for and sheltered, [and] the fact that there is - *SB342_R2* – 7 – a limited lien on the animal for the cost of shelter and care [.] and notice of the right of the owner to request a hearing pursuant to section 7 of this act within 5 days after receipt of the notice.
If an officer takes possession of an animal, the officer shall give to the owner, if the owner can be found, a notice containing a written statement of the reasons for the taking, the location where the animal will be cared for and sheltered, [and] the fact that there is a limited lien on the animal for the cost of shelter and care [.] and notice of the right of the owner to request a hearing pursuant to section 7 of this act within 5 days after receipt of the notice.
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.
If the identity - 80th Session (2019) – 7 – and address of the owner are later determined, the notice must be mailed to the owner immediately after the determination is made.
The provisions of this section do 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 paragraph (c) of subsection 1 of NRS 574.100 and the impoundment is accomplished with the concurrence and supervision of the sheriff or the sheriff’s designee, a licensed veterinarian and the district brand inspector or the district brand inspector’s designee.
The provisions of this section do not apply to any animal which is located on land being employed for an agricultural use as person charged with the care of the animal is in violation of paragraph (c) of subsection 1 of NRS 574.100 and the impoundment is accomplished with the concurrence and supervision of the sheriff or the sheriff’s designee, a licensed veterinarian and the district brand inspector or the district brand inspector’s designee.
- *SB342_R2* – 8 – Sec.
Sec.
H - *SB342_R2*
~~~~~ 19 - 80th Session (2019)
⬇ Download PDF
View plain text versions (4)

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 298.

  2. Enrolled and delivered to Governor.

  3. Assembly Amendment No. 821 concurred in. To enrollment.

  4. In Senate.

  5. From printer. To reengrossment. Reengrossed. Second reprint. Read third time. Passed, as amended. Title approved. (Yeas: 40, Nays: None, Excused: 1, Vacant: 1.) To Senate.

  6. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 821.) To printer.

  7. In Assembly. Read first time. Referred to Committee on Judiciary. To committee.

  8. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 21, Nays: None.) To Assembly.

  9. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 447.) To printer.

  10. From printer. To committee.

  11. Read first time. Referred to Committee on Judiciary. To printer.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

5 sponsors · 0 co-sponsors · 62 not signed on

Sponsors (5)

Co-sponsors (0)

None.

Not signed on (62)

62 members have not signed on to this bill.

Show all 62 →

"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

public-safety civil-rights agriculture
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 SB 342 do?
AN ACT relating to animals; revising provisions relating to an animal impounded by a county, city or other local government under certain circumstances; providing for a hearing to determine whether a person is the owner of an animal and whether the person is fit and able to provide adequate care and shelter for that animal; requiring and authorizing a court to issue certain orders after such a hearing; and providing other matters properly relating thereto.
Who sponsors SB 342?
SB 342 is sponsored by Senator David Parks, Senator Marilyn Dondero Loop, Scheible, Melanie (Democratic), Harris, Dallas, and Pat Spearman.
What is the current status of SB 342?
This bill has been enacted into law. Introduced March 18, 2019. Enacted.
Where can I track SB 342?
Track SB 342 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 342

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 SB 342

Last checked for changes 2 months ago · updated continuously

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

Track this bill →