Nevada 2021 Regular Session Status: Enacted

SB 34 — Makes various changes relating to agriculture. (BDR 50-330)

Last action — Approved by the Governor. Chapter 320.

  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 November 18, 2020. 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.

Bill Text

What changed in the latest version

370 added · 394 removed

370 line(s) added, 394 removed.

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EXEMPT (Reprinted with amendments adopted on April 13, 2021) FIRST REPRINT S.B.
Senate Bill No.
34 SENATE BILL NO .
34–Committee on Natural Resources CHAPTER..........
34–COMMITTEE ON NATURAL R ESOURCES (ON B EHALF OF THE S TATE D EPARTMENT OF A GRICULTURE ) PREFILED N OVEMBER 18, 2020 ____________ Referred to Committee on Natural Resources SUMMARY—Makes various changes relating to agriculture.
(BDR 50-330) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Under existing law, a brand inspector or a person designated as a field agent or peace officer with enforcement powers related to certain provisions of law related to agriculture.
Under existing law, a brand inspector or a person designated as a field agent or inspector by the Director of the State Department of Agriculture is a category II peace officer with enforcement powers related to certain provisions of law related to agriculture.
Sections 2 and 7-15 of this bill make conforming changes related to the appointment of agricultural police offSection 11 of this bill authorizes an agricultural police officer to:
Sections 2 and 7-15 of this officers in place of field agents and inspectors.ntment of agricultural police Section 11 of this bill authorizes an agricultural police officer to:
(NRS 565.040, 565.090,ned for - *SB34_R1* – 2 – 565.100, 565.110) Sections 3-6 of this bill clarify that a brand inspection is a visual examination.
(NRS 565.040, 565.090,ned for 565.100, 565.110) Sections 3-6 of this bill clarify that a brand inspection is a visual examination.
Existing law defines “police officer” to include various law enforcement benefits under the Nevada Occupational Diseases Act.
Existing law defines “police officer” to include various law enforcement officers of this State for the purposes of certain provisions relating to eligibility for benefits under the Nevada Occupational Diseases Act.
(NRS 617.135) Section 16gibility for of this bill expands the definition of “police officer” to include agricultural police officers.
(NRS 617.135) Section 16 of this bill expands the definition of “police officer” to include agricultural police officers.
Furthermore, because various other provisions of NRS reference “police officer” as that term is defined in the Act, section 16 makes applicable to agricultural police officers:
Furthermore, because various other provisions of NRS reference “police agricultural police officers:
officers with temporary disabilities;
(2) exemption from service as grand or trial jurors;
(3) the compensation for police officers with temporary disabilities;
(NRS 6.020, 281.153, 287.021, 287.0477, chapters 616A-616D of NRS) THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(NRS 6.020, 281.153, 287.021, 287.0477, chapters 616A-616D of NRS) - 81st Session (2021) – 2 – EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(c) All swine or animals of the porcine species.
(d) Alternative livestock as defined in NRS 501.003.
- *SB34_R1* – 3 – (d) Alternative livestock as defined in NRS 501.003.
Sec.
- 81st Session (2021) – 3 – Sec.
Except as otherwise provided in subsections 3 and 6 and NRS 565.095, it is unlawful for any person to drive or otherwise remove any animals out of a brand inspection district created under the provisions of this chapter until the animals have been visually inspected and a brand inspection clearance certificate is issued by the Department or a written permit from the Department has been issued authorizing the movement without brand inspection.
Except as otherwise provided in subsections 3 and and NRS 565.095, it is unlawful for any person to drive or otherwise remove any animals out of a brand inspection district been visually inspected and a brand inspection clearance certificate is issued by the Department or a written permit from the Department has been issued authorizing the movement without brand inspection.
The provisions of this section do not apply to animals whose accustomed range is on both sides of the boundary of any brand inspection district but contiguous to that district and which are being moved from one portion of the accustomed range to another merely for pasturing and grazing thereon.
The provisions of this section do not apply to animals whose accustomed range is on both sides of the boundary of any brand inspection district but contiguous to that district and which are being moved from one portion of the accustomed range to another merely for4.astExcept as otherwise provided in NRS 565.095, the provisions of this section apply at all times to the movement of any animals across the Nevada state line to any point outside of the State of Nevada, except animals whose accustomed range is on both sides of the Nevada state line but contiguous thereto and which are being moved from one portion to another of the accustomed range merely for pasturing and grazing thereon.
4.
Except as otherwise provided in NRS 565.095, the provisions of this section apply at all times to the movement of any animals across the Nevada state line to any point outside of the State of Nevada, except animals whose accustomed range is on both sides of the Nevada state line but contiguous thereto and which are being moved from one portion to another of the accustomed range merely for pasturing and grazing thereon.
- *SB34_R1* – 4 – (a) For the first violation, subject to an immediate brand inspection of the animals by the Department and shall reimburse the Department for its time and mileage and pay the usual fees for the brand inspection.
(a) For the first violation, subject to an immediate brand inspection of the animals by the Department and shall reimburse the Department for its time and mileage and pay the usual fees for the brand inspection.
(b) For the second and any subsequent violation, ineligible for a permit to move any livestock without a brand inspection until the State Board of Agriculture is satisfied that any future movement will comply with all applicable statutes and regulations.
(b) For the second and any subsequent violation, ineligible for a permit to move any livestock without a brand inspection until the - 81st Session (2021) – 4 – State Board of Agriculture is satisfied that any future movement will comply with all applicable statutes and regulations.
The Department may establish regulations specifying the circumstances under which a permit may be issued authorizing the movement of livestock without a brand inspection pursuant to this section.
The Department may establish regulations specifying the circumstances under which a permit may be issued authorizing the section.
The circumstances may include, without limitation, the routine movement of horses and bulls within and from this State for the purpose of participating in a rodeo.
The circumstances may include, without limitation, theis routine movement of horses and bulls within and from this State for the purpose of participating in a rodeo.
Whenever, incident to any brand inspection under the provisions of this chapter, any inspector shall find in the possession of any person or persons offering animals for inspection any animals to which such person or persons cannot establish their legal ownership or right of possession and the inspector shall be able to determine by means of the brands or brands and marks on such animal or animals, or upon other reliable evidence, the actual legal owner or owners of such animal or animals, the inspector shall immediately notify an agricultural [enforcement] police officer of the inspector’s findings.
Whenever, incident to any brand inspection under the provisions of this chapter, any inspector shall find in the possession of any person or persons offering animals for inspection legal ownership or right of possession and the inspector shall be able to determine by means of the brands or brands and marks on such animal or animals, or upon other reliable evidence, the actual legal owner or owners of such animal or animals, the inspector shall immediately notify an agricultural [enforcement] police officer of the inspector’s findings.
- *SB34_R1* – 5 – (c) The name and address of any person or persons in whose possession they were found.
(c) The name and address of any person or persons in whose possession they were found.
(d) All other information which may aid the agricultural [enforcement] police officer or the legal owner or owners of such animal or animals in securing the return thereof or compensation therefor, or in any civil suit or criminal prosecution relating thereto.
(d) All other information which may aid the agricultural [enforcement] police officer or the legal owner or owners of such - 81st Session (2021) – 5 – animal or animals in securing the return thereof or compensation therefor, or in any civil suit or criminal prosecution relating thereto.
Upon receipt of the notice, the agricultural [enforcement] police officer shall investigate the findings of the inspector and, as soon as practicable, provide notification of those findings to the legal owner or owners of such animal or animals.
Upon receipt of the notice, the agricultural [enforcement] police officer shall investigate the findings of the inspector and, as legal owner or owners of such animal or animals.se findings to the [4.
[4.
Such seizure and disposal by an [inspector] agricultural police officer shall in no way relieve the persons in whose possession the animals were found of any civil or criminal liability arising out of the unlawful removal of such animals from the grazing commons or the unlawful possession of the same.
Such seizure and disposal by an [inspector] agricultural police officer shall in no way relieve the persons in whose possession the animals were found of any civil or criminal liability grazing commons or the unlawful possession of the same.m the Sec.
Sec.
- *SB34_R1* – 6 – Sec.
Sec.
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(a) The animal was slaughtered at a slaughtering establishment under a United States Government, state, county or municipal inspection system which provides for adequate stamping for identification of all carcasses or parts of carcasses before release;
- 81st Session (2021) – 6 – (a) The animal was slaughtered at a slaughtering establishment under a United States Government, state, county or municipal inspection system which provides for adequate stamping for identification of all carcasses or parts of carcasses before release;
or (b) The person exhibits to any inspector or agricultural [enforcement] police officer of the Department, on demand:
or [enforcement] police officer of the Department, on demand:l (1) The hide of the animal from which the carcass was obtained, with ears and brands attached without disfiguration or alteration;
(1) The hide of the animal from which the carcass was obtained, with ears and brands attached without disfiguration or alteration;
[A person designated] An agricultural police officer appointed by the Director of the State Department of Agriculture [as a field agent or an inspector] pursuant to [subsection 2 of] NRS 561.225 [has the powers of] is a peace officer [to make investigations and arrests and to execute warrants of search and seizure, and may temporarily stop a vehicle in the enforcement of the provisions] for the purposes of:
[A person designated] An agricultural police officer appointed by the Director of the State Department of Agriculture [as a field agent or an inspector] pursuant to [subsection of] NRS 561.225 [has the powers of] is a peace officer [to make investigations and arrests and to execute warrants of search and seizure, and may temporarily stop a vehicle in the enforcement of the provisions] for the purposes of:
(a) The service of such legal process, including warrants and subpoenas, as may be required in the enforcement of titles 49 and 50 of NRS and chapters 581, 582, 583, 584, 586, 587, 588 and 590 of NRS.
(a) The service of such legal process, including warrants and subpoenas, as may be required in the enforcement of titles 49 and of NRS and chapters 581, 582, 583, 584, 586, 587, 588 and 590 of [2..
[2.
Before any officer described in subsection 1 may exercise the powers of a peace officer, he or she must be certified as a - *SB34_R1* – 7 – category I peace officer by the Peace Officers’ Standards and Training Commission.
Before any officer described in subsection 1 may exercise the powers of a peace officer, he or she must be certified as a - 81st Session (2021) – 7 – category I peace officer by the Peace Officers’ Standards and Training Commission.
1.
municipal courts whose duties require them to carry weapons and make arrests;
The bailiffs of the district courts, justice courts and municipal courts whose duties require them to carry weapons and make arrests;
Agents of the Nevada Gaming Control Board who exercise the powers of enforcement specified in NRS 289.360, 463.140 or 463.1405, except those agents whose duties relate primarily to auditing, accounting, the collection of taxes or license fees, or the investigation of applicants for licenses;
Agents of the Nevada Gaming Control Board who exercise the powers of enforcement specified in NRS 289.360, primarily to auditing, accounting, the collection of taxes or license fees, or the investigation of applicants for licenses;
Juvenile probation officers and deputy juvenile probation officers employed by the various judicial districts in the State of Nevada or by a department of juvenile justice services established by ordinance pursuant to NRS 62G.210 whose official - *SB34_R1* – 8 – duties require them to enforce court orders on juvenile offenders and make arrests;
Juvenile probation officers and deputy juvenile probation officers employed by the various judicial districts in the - 81st Session (2021) – 8 – State of Nevada or by a department of juvenile justice services established by ordinance pursuant to NRS 62G.210 whose official duties require them to enforce court orders on juvenile offenders and make arrests;
[15.] 13.
Field investigators of the Taxicab Authority;
484A.205 “Regulatory agency” means any of the agencies granted police or enforcement powers under the provisions of subsection 1 of NRS 289.250, NRS 289.260, subsection 2 of NRS 289.270, NRS 289.280, [subsection 3 of NRS] 289.290 , [or NRS] 289.320, 289.340, 407.065, 472.040, 481.048, 501.349, 565.155 or 706.8821.
484A.205 “Regulatory agency” means any of the agencies granted police or enforcement powers under the provisions of 289.270, NRS 289.280, [subsection 3 of NRS] 289.290 , [or NRS] 289.320, 289.340, 407.065, 472.040, 481.048, 501.349, 565.155 or 706.8821.
3.
- 81st Session (2021) – 9 – 3.
- *SB34_R1* – 9 – 4.
4.
5.
Public Safety that conducts internal investigations of employees of the Department of Public Safety or investigates other issues relating to the professional responsibility of those employees;
A chief or investigator of an office of the Department of Public Safety that conducts internal investigations of employees of the Department of Public Safety or investigates other issues relating to the professional responsibility of those employees;
11.
and Probation of the Department of Public Safety;vision of Parole 12.
A parole and probation officer of the Division of Parole and Probation of the Department of Public Safety;
12.
and 17.
and - 81st Session (2021) – 10 – 17.
- *SB34_R1* – 10 – Sec.
Sec.
H - *SB34_R1*
~~~~~ 21 - 81st Session (2021)
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Amendments

1 amendment

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Action History

  1. Approved by the Governor. Chapter 320.

  2. Enrolled and delivered to Governor.

  3. Read third time. Passed. Title approved. (Yeas: 36, Nays: 6.) To Senate. In Senate. To enrollment.

  4. Taken from General File. Placed on General File for next legislative day.

  5. Taken from General File. Placed on General File for next legislative day.

  6. Taken from General File. Placed on General File for next legislative day.

  7. Taken from General File. Placed on General File for next legislative day.

  8. Taken from General File. Placed on General File for next legislative day.

  9. From committee: Do pass. Declared an emergency measure under the Constitution. Taken from General File. Placed on General File for next legislative day.

  10. Read third time. Passed, as amended. Title approved. (Yeas: 20, Nays: 1.) To Assembly. In Assembly. Read first time. Referred to Committee on Natural Resources. To committee.

  11. From committee: Do pass, as amended.

  12. From printer. To engrossment. Engrossed. First reprint. To committee. Exemption effective.

  13. From committee: Amend, and re-refer to Committee on Finance. Placed on Second Reading File. Read second time. Amended. (Amend. No. 112.) Re-referred to Committee on Finance. To printer.

  14. Notice of eligibility for exemption.

  15. Read first time. To committee.

  16. From printer.

  17. Prefiled. Referred to Committee on Natural Resources. To printer.

Sponsors

  • Senate Committee on Natural Resources · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Senate Committee on Natural Resources

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

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

Who sponsors SB 34?
SB 34 is sponsored by Senate Committee on Natural Resources.
What is the current status of SB 34?
This bill has been enacted into law. Introduced November 18, 2020. Enacted.
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