Assembly Bill No. 103–Assemblymen Marvel, de Braga, Hettrick, Dini, Carpenter, Collins, Neighbors and Humke

February 4, 1999

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Joint Sponsors: Senators Rhoads and McGinness

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Referred to Committee on Natural Resources, Agriculture and Mining

 

SUMMARY—Reestablishes department of minerals and department of agriculture. (BDR 18-102)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to state government; providing in skeleton form for the reestablishment of the department of minerals and the department of agriculture; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 232.510 is hereby amended to read as follows:

1-2 232.510 1. The department of business and industry is hereby

1-3 created.

1-4 2. The department consists of a director and the following:

1-5 (a) Consumer affairs division.

1-6 (b) Division of financial institutions.

1-7 (c) Housing division.

1-8 (d) Manufactured housing division.

1-9 (e) Real estate division.

1-10 (f) Division of unclaimed property.

1-11 (g) [Division of agriculture.

1-12 (h) Division of minerals.

1-13 (i)] Division of insurance.

1-14 [(j)] (h) Division of industrial relations.

1-15 [(k)] (i) Office of labor commissioner.

2-1 [(l)] (j) Taxicab authority.

2-2 [(m)] (k) Nevada athletic commission.

2-3 [(n)] (l) Office of the Nevada attorney for injured workers.

2-4 [(o)] (m) State predatory animal and rodent committee.

2-5 [(p)] (n) Transportation services authority.

2-6 [(q)] (o) Any other office, commission, board, agency or entity created

2-7 or placed within the department pursuant to a specific statute, the budget

2-8 approved by the legislature or an executive order, or an entity whose

2-9 budget or activities have been placed within the control of the department

2-10 by a specific statute.

2-11 Sec. 2. NRS 513.011 is hereby amended to read as follows:

2-12 513.011 As used in this chapter, unless the context requires otherwise:

2-13 1. ["Administrator" means the administrator of the division.

2-14 2.] "Commission" means the commission on mineral resources.

2-15 [3. "Division"]

2-16 2. "Department" means the [division] department of minerals . [of the

2-17 department of business and industry.]

2-18 3. "Director" means the director of the department.

2-19 Sec. 3. NRS 513.043 is hereby amended to read as follows:

2-20 513.043 1. The members of the commission shall select a chairman

2-21 from among their number who shall serve at the pleasure of the

2-22 commission.

2-23 2. The [administrator] director shall serve as secretary of the

2-24 commission and shall keep the minutes of its proceedings.

2-25 Sec. 4. NRS 513.073 is hereby amended to read as follows:

2-26 513.073 1. The department of minerals is hereby created.

2-27 2. The department consists of:

2-28 (a) The division of administration;

2-29 (b) The division of regulation; and

2-30 (c) Such other divisions as the director may from time to time

2-31 establish.

2-32 3. The division of administration shall:

2-33 [1.] (a) Maintain a central recordkeeping system, keep the personnel

2-34 records of and administer the personnel rules applicable to the employees

2-35 of the department, conduct the fiscal and auditing functions of the

2-36 department and perform such other administrative services as are

2-37 required by the department.

2-38 (b) Encourage and assist in the exploration for and the production of oil,

2-39 gas, geothermal energy and minerals within this state.

2-40 [2.] (c) Collect and disseminate throughout the state information

2-41 calculated to educate persons engaged in those enterprises and benefit

2-42 those enterprises in this state, and any information pertaining to any

2-43 program administered by the [division.

3-1 3.] department.

3-2 4. The division of regulation shall:

3-3 (a) Maintain a register of all mining operations and operations for the

3-4 production of oil, gas and geothermal energy in this state.

3-5 [4.] (b) Record annually the production of each registered mining

3-6 operation and operation for the production of oil, gas and geothermal

3-7 energy in this state.

3-8 [5.] (c) Administer the provisions of chapter 522 of NRS.

3-9 [6.] (d) Administer any regulations adopted by the commission.

3-10 Sec. 5. NRS 513.083 is hereby amended to read as follows:

3-11 513.083 1. The chief administrative officer of the [division]

3-12 department is the [administrator,] director, who must be appointed by the

3-13 [director of the department of business and industry] governor from a list

3-14 of three nominees selected by the commission.

3-15 2. The [administrator of the division:] director:

3-16 (a) Must be a graduate of an accredited college or university and have

3-17 substantial experience as an administrator or at least 5 years’ experience in

3-18 the exploration for or the production or conservation of minerals.

3-19 (b) Is in the unclassified service of the state [.

3-20 (c) Except as otherwise provided in NRS 284.143, shall] and serves at

3-21 the pleasure of the commission.

3-22 (c) Shall devote his entire time and attention to his duties as a public

3-23 officer and shall not pursue any other business or occupation or hold any

3-24 other office of profit.

3-25 Sec. 6. NRS 513.093 is hereby amended to read as follows:

3-26 513.093 The [administrator:] director:

3-27 1. Shall coordinate the activities of the [division.] various divisions of

3-28 the department.

3-29 2. May serve as an administrator of any division.

3-30 3. May appoint an administrator of any division. An administrator

3-31 must be appointed based on his fitness for the position and is in the

3-32 unclassified service.

3-33 4. Shall report to the commission upon all matters pertaining to the

3-34 administration of the [division.

3-35 3.] department.

3-36 5. Shall submit a biennial report to the governor and the legislature

3-37 through the commission concerning the work of the [division,]

3-38 department, with recommendations that he may deem necessary. The

3-39 report must set forth the facts relating to the condition of mining and of

3-40 exploration for and production of oil and gas in the state.

3-41 Sec. 7. NRS 561.025 is hereby amended to read as follows:

3-42 561.025 As used in this chapter, unless the context requires otherwise:

3-43 1. ["Administrator" means the administrator of the division.

4-1 2.] "Board" means the state board of agriculture.

4-2 [3. "Division" means the division of agriculture of the department of

4-3 business and industry.]

4-4 2. "Department" means the department of agriculture of the State of

4-5 Nevada.

4-6 3. "Director" means the director of the department.

4-7 4. "Livestock" means:

4-8 (a) All cattle or animals of the bovine species.

4-9 (b) All horses, mules, burros and asses or animals of the equine species.

4-10 (c) All swine or animals of the porcine species.

4-11 (d) All goats or animals of the caprine species.

4-12 (e) All poultry or domesticated fowl or birds.

4-13 (f) All dogs, cats or other animals domesticated or under the restraint or

4-14 control of man.

4-15 Sec. 8. NRS 561.035 is hereby amended to read as follows:

4-16 561.035 1. The department of agriculture of the State of Nevada is

4-17 hereby created.

4-18 2. The administration of the provisions of this chapter is vested in the

4-19 [division.] department.

4-20 Sec. 9. NRS 561.045 is hereby amended to read as follows:

4-21 561.045 There is hereby created in the [division] department a state

4-22 board of agriculture composed of 10 members appointed by the governor.

4-23 Sec. 10. NRS 561.075 is hereby amended to read as follows:

4-24 561.075 1. While engaged in the business of the [division,]

4-25 department, each member of the board is entitled to receive a salary of not

4-26 more than $80 per day, as fixed by the board.

4-27 2. While engaged in the business of the [division,] department, each

4-28 member and employee of the board is entitled to receive the per diem

4-29 allowance and travel expenses provided for state officers and employees

4-30 generally.

4-31 3. The salaries, per diem allowances and travel expenses of the

4-32 members and employees of the board must be paid from any money

4-33 available to the [division.] department.

4-34 Sec. 11. NRS 561.085 is hereby amended to read as follows:

4-35 561.085 1. The board shall elect one of its members as chairman of

4-36 the board.

4-37 2. The [administrator] director shall act as the nonvoting recording

4-38 secretary of the board. He shall keep the minutes of the proceedings of the

4-39 board.

4-40 Sec. 12. NRS 561.115 is hereby amended to read as follows:

4-41 561.115 The [administrator must be:

4-42 1. Appointed] director:

5-1 1. Must be appointed by the board with the approval of the [director

5-2 of the department of business and industry.

5-3 2. In] governor.

5-4 2. Is in the unclassified service.

5-5 Sec. 13. NRS 561.125 is hereby amended to read as follows:

5-6 561.125 The [administrator] director must be a graduate [from] of an

5-7 accredited college or university and have at least 5 years’ experience in

5-8 official agricultural or livestock regulatory work, public administration,

5-9 accounting or business administration.

5-10 Sec. 14. NRS 561.135 is hereby amended to read as follows:

5-11 561.135 The salary of the [administrator] director may be apportioned

5-12 and paid from any money available to the [division] department unless

5-13 otherwise provided by specific statute.

5-14 Sec. 15. NRS 561.205 is hereby amended to read as follows:

5-15 561.205 The [administrator] director shall appoint a person to manage

5-16 the activities of the [division] department pertaining to the protection and

5-17 promotion of the livestock industry of the State of Nevada. The person

5-18 must be appointed on the basis of merit and is in the unclassified service.

5-19 He must be a graduate of a veterinary school or college approved by the

5-20 American Veterinary Medical Association, and have at least 5 years’

5-21 experience in official work for regulating and controlling diseases in

5-22 livestock. The [administrator] director may remove the person from office

5-23 with the approval of the board.

5-24 Sec. 16. NRS 561.209 is hereby amended to read as follows:

5-25 561.209 The [administrator] director shall appoint a person to manage

5-26 the activities of the [division] department pertaining to brands and marks

5-27 and brand inspection in the State of Nevada. The person must be appointed

5-28 on the basis of merit [,] and is in the unclassified service. The

5-29 [administrator] director may remove the person from office with the

5-30 approval of the board.

5-31 Sec. 17. NRS 561.214 is hereby amended to read as follows:

5-32 561.214 The [administrator] director shall appoint a person to manage

5-33 the activities of the [division] department pertaining to the protection and

5-34 promotion of the agricultural industry of the State of Nevada. The person

5-35 must be appointed on the basis of merit and is in the unclassified service.

5-36 He must be a graduate of an accredited college or university with a major

5-37 in one of the agricultural sciences, and have at least 5 years’ experience in

5-38 official work for regulating agriculture. The [administrator] director may

5-39 remove the person from office with the approval of the board.

5-40 Sec. 18. NRS 561.218 is hereby amended to read as follows:

5-41 561.218 1. The [administrator] director shall appoint a person to

5-42 manage the activities of the [division] department pertaining to natural

5-43 resources, land use planning and the management and control of wild

6-1 horses and estrays. The person must be appointed on the basis of merit and

6-2 is in the unclassified service. The [administrator] director may remove the

6-3 person from office with the approval of the board.

6-4 2. The person appointed shall:

6-5 (a) Establish and carry out a policy for the management and control of

6-6 estrays and the preservation and allocation of natural resources necessary

6-7 to advance and protect the livestock and agricultural industries in this state.

6-8 (b) Develop cooperative agreements and working relationships with

6-9 federal and state agencies and local governments for land use planning and

6-10 the preservation and allocation of natural resources necessary to advance

6-11 and protect the livestock and agricultural industries in this state.

6-12 (c) Cooperate with private organizations and governmental agencies to

6-13 develop procedures and policies for the management and control of wild

6-14 horses.

6-15 (d) Monitor gatherings of estrays conducted pursuant to the provisions

6-16 of NRS 569.040 to 569.130, inclusive, and assist district brand inspectors

6-17 in identifying estrays before they are sold or given a placement or other

6-18 disposition through a cooperative agreement established pursuant to NRS

6-19 569.031.

6-20 (e) Provide the general public with information relating to the activities

6-21 of the [division] department and solicit recommendations from the general

6-22 public and advisory groups concerning those activities.

6-23 (f) Make assessments of the level of competition between livestock and

6-24 wildlife for food and water, collect data concerning the movement of

6-25 livestock and perform activities necessary to control noxious weeds.

6-26 (g) Participate in land use planning relating to the competition for food

6-27 and water between livestock and wildlife to ensure the maintenance of the

6-28 habitat of both livestock and wildlife.

6-29 (h) Present testimony, conduct research and prepare reports for the

6-30 governor, the legislature, the [administrator] director and any other person

6-31 or governmental entity as directed by the [administrator.] director.

6-32 (i) Develop and carry out a program to educate the public concerning

6-33 the various programs administered by the [division,] department, including

6-34 programs for the management and control of estrays.

6-35 (j) Make proposals to the [administrator] director for the amendment of

6-36 the regulations adopted by the board pursuant to NRS 561.105.

6-37 (k) Perform such other duties as directed by the [administrator.]

6-38 director.

6-39 3. As used in this section:

6-40 (a) "Estray" has the meaning ascribed to it in NRS 569.005.

6-41 (b) "Wild horse" has the meaning ascribed to it in NRS 504.430.

6-42 Sec. 19. This act becomes effective on July 1, 1999.

7-1 Sec. 20. The legislative counsel shall:

7-2 1. In preparing the reprint and supplements to the Nevada Revised

7-3 Statutes, with respect to any section that is not amended by this act or is

7-4 further amended by another act, appropriately change any reference to:

7-5 (a) "Division of minerals" to "department of minerals";

7-6 (b) "Division of agriculture" to "department of agriculture"; and

7-7 (c) Any other agency or any officer whose name is changed or whose

7-8 responsibilities have been transferred pursuant to the provisions of this act

7-9 to refer to the appropriate agency or officer.

7-10 2. In preparing supplements to the Nevada Administrative Code,

7-11 appropriately change any reference to:

7-12 (a) "Division of minerals" to "department of minerals";

7-13 (b) "Division of agriculture" to "department of agriculture"; and

7-14 (c) Any other agency or any officer whose name is changed or whose

7-15 responsibilities have been transferred pursuant to the provisions of this act

7-16 to refer to the appropriate agency or officer.

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