Struck = removed from the bill ·
added = the amendment's new text.
(ReprintedSession with(82nd) amendmentsA adoptedAB86 onR1 May618 23,Amendment 2023)No. SECOND REPRINT A.B.
86618 ASSEMBLYSenate BILLAmendment NOto .Assembly Bill No.
86–ASSEMBLYWOMAN86 HARDYFirst PREFILEDReprint JANUARY(BDR 30,50-203) 2023Proposed ____________by: Referred to Committee on Natural Resources SUMMARY—Revises provisions relating to animal welfare.
Senate Committee on Natural Resources Amends:
Summary:
No Title:
No Preamble:
No Joint Sponsorship:
No Digest:
Yes ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
AMD/ERS - Date:
5/21/2023 A.B.
No.
86—Revises provisions relating to animal welfare.
(BDR 50-203) Page 1 of 8 *A_AB86_R1_618* Senate Amendment No.
618 to Assembly Bill No.
86 First Reprint Page 3 A SSEMBLY BILL NO .
86–ASSEMBLYWOMAN HARDY PREFILED JANUARY 30,2023 _______________ Referred to Committee on Natural Resources SUMMARY—Revises provisions relating to animal welfare.
or (2) overdriving, torturing, cruelly beating or unjustifiably injuring, maiming, mutilating or killing any animal or causing, procuring or allowing any such act against an animal.
(NRS 574.100) Sectionworking 1purposes ofor thisa billdomesticated alsoanimal prohibits:that is not owned by any person;
(1)and committing(2) these[withfor actscertain againstexceptions,] depriving an animal keptof forproper workingventilation, purposesnecessary orveterinary acare domesticatedor animalgrooming thatand isshearing notunder ownedcertain bycircumstances. any person;
andSection (2)1 deprivingprovides that a person may claim, as an animalaffirmative defense to a charge of properdepriving ventilation,an animal of necessary veterinary care or grooming andor shearingshearing, underthat certainhe circumstances.or she was unable to afford such veterinary care, grooming or shearing.
Section 1 provides that a person may claim, as an affirmative defense to a charge of depriving an animal of necessary veterinary care grooming or shearing.ng, that he or she was unable to afford such veterinary care, Existing law prohibits the abandonment of maimed, diseased, disabled or infirm animals.
(1) a collar, orharness pulley system or other device that hasis anot weightproperly attached.fitted;
Sectionor 1(2) alsoa prohibitslleytether, leavingchain, atie, dogtrolley outsideor andpulley unattendedsystem unlessor theother dogdevice isthat providedhas with:a weight attached.
Section 1 also prohibits leaving a dog outside and unattended unless the dog is provided with:
Section 1 provides an exception from these prohibitions for a dog that is actively - *AB86_R2* – 2 – engaged in or training for:
(3)(3)in herding, livestock guarding or other work;
(4) guide dogs, hearing competitivedogs functions.and (5) trials, sporting or otherservice lawfuldogs; competitions or Section 1.5 of this bill repeals a provision of existing law relating to the abandonment of disabled animals.
THEand PEOPLE(5) OFtrials, THEsporting STATEor OFother NEVADA,lawful REPRESENTEDcompetitions INor SENATEcompetitive ANDfunctions. ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1.5 of this bill repeals a provision of existing law relating to the abandonment of disabled animals.
Senate Amendment No.
618 to Assembly Bill No.
86 First Reprint Page 4 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(e) [Except as otherwise provided in subsection 5, deprive] Deprive an ill, infirm or injured animal of necessary veterinary care, or neglect or refuse to furnish the animal with necessary veterinary care, resulting in the animal experiencingexpe(f) unnecessary[Except as otherwise provided in subsection 5, deprive] Deprive an animal of grooming or unjustifiableshearing or refuse to furnish the animal such grooming or shearing, to the extent that such grooming or shearing is reasonably necessary to prevent adverse health effects, pain, sufferinginjury or death;the impediment of the natural movement of the animal;
(f)(g) DepriveInstigate, anengage animalin, of grooming or shearingin orany refuseway tofurther furnishan theact animalof suchcruelty grooming or shearing, to theany extentanimal, that such grooming or shearingany isact reasonablytending necessary to preventproduce adversesuch healthcruelty; effects, pain, injury or the impediment of the natural movement of the animal;
- *AB86_R2* – 3 – (g) Instigate, engage in, or in any way further an act of cruelty to any animal, or any act tending to produce such cruelty;
(I) A person delivers the animal to another person who will accept ownership or custody of the animal [or] ;
or (III)Senate TheAmendment animalNo. is a feral cat that has been caught to provide vaccination, spaying or neutering and released back to the location where the feral cat was caught after providing the vaccination, spaying or neutering.
618 to Assembly Bill No.
86 First Reprint Page 5 [(II)] (III) The animal is a feral cat that has been caught to provide vaccination, spaying or neutering and released back to the location where the feral cat was caught after providing the vaccination, spaying or neutering.
or - *AB86_R2* – 4 – (IV) Has a weight attached;
(d)Senate InAmendment attendanceNo. at and participating in an exhibition, show, contest or other event in which the skill, breeding or stamina of the dog is judged or examined;
-618 *AB86_R2*to –Assembly 5Bill –No. (e) Being kept in [a] an animal shelter or boarding facility or temporarily in a camping area;
86 First Reprint Page 6 (d) In attendance at and participating in an exhibition, show, contest or other event in which the skill, breeding or stamina of the dog is judged or examined;
(e) Being kept in [a] an animal shelter or boarding facility or temporarily in a camping area;
[The] In a prosecution for a violation of the provisions of paragraphs (e) and (f) of subsection 1,1 the[do defendantnot mayapply claimto as an affirmativeindigent defenseperson. that he or she was unable to afford the necessary veterinary care, grooming or shearing of the animal.
A person may be determined to be indigent if the person:] , the defendant may claim as an affirmative defense that he or she was unable to afford the necessary veterinary care, grooming or shearing of the animal.
(a) [Receives public assistance, as that term is defined in NRS 422A.065;] The specific affirmative defense that the defendant is asserting;
and (b) The[Resides namein andpublic lasthousing, knownas addressthat ofterm eachis witnessdefined byin whomNRS the315.021; defendant proposes to establish the affirmative defense.
(c) Has a household income that is less than 200 percent of the federally designated level signifying poverty;
or (d) Any other relevant factor, as determined by a court.] The name and last known address of each witness by whom the defendant proposes to establish the affirmative defense.
- *AB86_R2* – 6 – (b) If the act is committed in order to threaten, intimidate or terrorize another person, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
(a)Senate ForAmendment theNo. first offense within the immediately preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:
618 to Assembly Bill No.
86 First Reprint Page 7 (a) For the first offense within the immediately preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:
- *AB86_R2* – 7 – [11.] 12.
(c) “Feral cat” means a cat that has no apparent owner or identification and appears to be unsocialized to humans and unmanageable or otherwise demonstratesSenate characteristicsAmendment normallyNo. associated with a wild or undomesticated animal.
618 to Assembly Bill No.
86 First Reprint Page 8 demonstrates characteristics normally associated with a wild or undomesticated animal.
- *AB86_R2* – 8 – TEXT OF REPEALED SECTION penalty.10574.110 Abandonment of disabled animal unlawful;
penalty.
Any agent or officer of any society for the prevention of cruelty to animals, or of any society duly incorporated for that purpose, or any police officer, may lawfully destroy or cause to be destroyed any animal found abandoned and not properly cared for, appearing, in the judgment of two reputable citizens called by the agent or officer to view the same in his or her presence, to be glandered, injured or diseased past recovery for any useful purpose, or after such agent or officer has obtained in writing from the owner of such animal the owner’s consent to such destruction.
H - *AB86_R2*