Assembly Bill No. 103–Assemblymen Marvel, de Braga, Hettrick,

Dini, Carpenter, Collins, Neighbors and Humke

Joint Sponsors: Senators Rhoads and McGinness

CHAPTER........

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

232.510 1. The department of business and industry is hereby

created.

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

(a) Consumer affairs division.

(b) Division of financial institutions.

(c) Housing division.

(d) Manufactured housing division.

(e) Real estate division.

(f) Division of unclaimed property.

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

approved by the legislature or an executive order, or an entity whose

budget or activities have been placed within the control of the department

by a specific statute.

Sec. 2. NRS 232.520 is hereby amended to read as follows:

232.520 The director:

1. Shall appoint a chief or executive director, or both of them, of each

of the divisions, offices, commissions, boards, agencies or other entities of

the department, unless the authority to appoint such a chief or executive

director, or both of them, is expressly vested in another person, board or

commission by a specific statute. In making the appointments, the directormay obtain lists of qualified persons from professional organizations,

associations or other groups recognized by the department, if any. The

chief of the consumer affairs division is the commissioner of consumer

affairs, the chief of the division of financial institutions is the commissioner

of financial institutions, the chief of the housing division is the

administrator of the housing division, the chief of the manufactured housing

division is the administrator of the manufactured housing division, the chief

of the real estate division is the real estate administrator, the chief of the

division of unclaimed property is the administrator of unclaimed property,

division of industrial relations is the administrator of the division of

industrial relations, the chief of the office of labor commissioner is the

labor commissioner, the chief of the taxicab authority is the taxicab

administrator, the chief of the transportation services authority is the

chairman of the authority and the chief of any other entity of the department

has the title specified by the director, unless a different title is specified by

a specific statute.

2. Is responsible for the administration of all provisions of law relating

to the jurisdiction, duties and functions of all divisions and other entities

within the department. The director may, if he deems it necessary to carry

out his administrative responsibilities, be considered as a member of the

staff of any division or other entity of the department for the purpose of

budget administration or for carrying out any duty or exercising any power

necessary to fulfill the responsibilities of the director pursuant to this

authority or jurisdiction granted by statute to any division or other entity

or a statute.

(a) Establish uniform policies for the department, consistent with the

policies and statutory responsibilities and duties of the divisions and other

entities within the department, relating to matters concerning budgeting,

accounting, planning, program development, personnel, information

services, dispute resolution, travel, workplace safety, the acceptance of gifts

or donations, the management of records and any other subject for which a

uniform departmental policy is necessary to ensure the efficient operation

of the department.

(b) Provide coordination among the divisions and other entities within

the department, in a manner which does not encroach upon their statutory

powers and duties, as they adopt and enforce regulations, execute

agreements, purchase goods, services or equipment, prepare legislative

(c) Define the responsibilities of any person designated to carry out the

duties of the director relating to financing, industrial development or

business support services.

4. May, within the limits of the financial resources made available to

him, promote, participate in the operation of, and create or cause to be

created, any nonprofit corporation, pursuant to chapter 82 of NRS, which

he determines is necessary or convenient for the exercise of the powers and

duties of the department. The purposes, powers and operation of the

corporation must be consistent with the purposes, powers and duties of the

department.

5. For any bonds which he is otherwise authorized to issue, may issue

bonds the interest on which is not exempt from federal income tax or

excluded from gross revenue for the purposes of federal income tax.

6. May, except as otherwise provided by specific statute, adopt by

regulation a schedule of fees and deposits to be charged in connection with

the programs administered by him pursuant to chapters 348A and 349 of

deposit must not exceed 2 percent of the principal amount of the financing.

7. May designate any person within the department to perform any of

the duties or responsibilities, or exercise any of the authority, of the

director on his behalf.

8. May negotiate and execute agreements with public or private entities

which are necessary to the exercise of the powers and duties of the director

or the department.

deposit with the department for the payment of any direct expenses

incurred by the director in connection with any bond programs

administered by the director. The interest and income earned on money in

the trust account, less any amount deducted to pay for applicable charges,

must be credited to the trust account. Any balance remaining in the account

at the end of a fiscal year may be:

(a) Carried forward to the next fiscal year for use in covering the

expense for which it was originally received; or

(b) Returned to any person entitled thereto in accordance with

Sec. 3. NRS 235.012 is hereby amended to read as follows:

235.012 1. The director, after consulting with the executive director

of the commission on tourism, the administrator of the division of museums

produce medallions made of gold, silver, platinum or nonprecious metals

and bars made of gold, silver or platinum.

2. The decision of the director to award a contract to a particular mint

must be based on the ability of the mint to:

(a) Provide a product of the highest quality;

(b) Advertise and market the product properly, including the promotion

of museums and tourism in this state; and

(c) Comply with the requirements of the contract.

3. The director shall award the contract to the lowest responsible

bidder, except that if in his judgment no satisfactory bid has been received,

he may reject all bids.

4. All bids for the contract must be solicited in the manner prescribed

in NRS 333.310 and comply with the provisions of NRS 333.330.

Sec. 4. NRS 235.014 is hereby amended to read as follows:

235.014 1. The ore used to produce a medallion or bar must be

mined in Nevada, if the ore is available. If it is not available, ore newly

mined in the United States may be used. Each medallion or bar made of

gold, silver or platinum must be 0.999 fine. Additional series of medallions

made of gold, silver or platinum at degrees of fineness of 0.900 or greater

may be approved by the director with the concurrence of the interim

finance committee. The degree of fineness of the materials used must be

clearly indicated on each medallion.

2. Medallions may be minted in weights of 1 ounce, 0.5 ounce, 0.25

ounce and 0.1 ounce.

3. Bars may be minted in weights of 1 ounce, 5 ounces, 10 ounces and

100 ounces.

4. Each medallion must bear on its obverse The Great Seal of the State

of Nevada and on its reverse a design selected by the director, in

consultation with the executive director of the commission on tourism, the

administrator of the division of museums and history of the department of

museums, library and arts and the administrator of the division of minerals

Sec. 5. NRS 235.016 is hereby amended to read as follows:

235.016 1. The director shall set and collect a royalty for the use of

The Great Seal of the State of Nevada from the mint which produces the

medallions or bars. The amount of the royalty must be:

(a) Based on the usual and customary fee charged as a commission by

dealers of similar medallions or bars; and

(b) Adjusted at least once each year to ensure it is competitive with the

usual and customary fee.

2. The director shall report every 6 months to the legislature, if it is in

session, or to the interim finance committee, if the legislature is not in

session. The report must contain: (a) The amount of the royalties being charged; and

(b) The information used to determine the usual and customary fee

charged by dealers.

3. The money collected pursuant to this section must be deposited in

Sec. 6. NRS 244.327 is hereby amended to read as follows:

pursuant to the provisions of NRS 561.245; and

Sec. 7. NRS 244.361 is hereby amended to read as follows:

regulate, control and prohibit, as a public nuisance, the excessive emission

of dense smoke and air pollution caused by excessive soot, cinders, fly ash,

dust, noxious acids, fumes and gases within the boundaries of the county.

2. If an ordinance adopted pursuant to subsection 1 involves or affects

ordinance must allow for customarily accepted agricultural practices to

occur on agricultural land. A governmental entity which is considering the

program.

enforcement action relating to air pollution by fossil fuel-fired steam

be enforced until July 1, 1977.

Sec. 8. NRS 268.410 is hereby amended to read as follows:

incorporated city in this state, whether incorporated by general or special

act, or otherwise, there is granted to the governing body of each of the

ordinance regularly enacted, to regulate, control and prohibit, as a public

nuisance, the excessive emission of dense smoke and air pollution caused

by excessive soot, cinders, fly ash, dust, noxious acids, fumes and gases

within the corporate limits of the city.

2. If an ordinance adopted pursuant to subsection 1 involves or affects

ordinance must allow for customarily accepted agricultural practices to

occur on agricultural land. A governmental entity which is considering the

program.

enforcement action relating to air pollution by fossil fuel-fired steam

be enforced until July 1, 1977.

Sec. 9. NRS 289.290 is hereby amended to read as follows:

investigations and arrests and to execute warrants of search and seizure,

and may temporarily stop the movement of livestock and carcasses for

2. An inspector of the state board of sheep commissioners and his

deputies have the powers of a peace officer.

3. An officer appointed by the Nevada junior livestock show board

pursuant to NRS 563.120 has the powers of a peace officer for the

preservation of order and peace on the grounds and in the buildings and the

approaches thereto of the livestock shows and exhibitions that the board

conducts.

4. In carrying out the provisions of chapter 565 of NRS, an inspector of

officer to make investigations and arrests and to execute warrants of search

not authorize any inspector to retire under the public employees' retirement

system before having attained the minimum service age of 60 years.

Sec. 10. NRS 321.5967 is hereby amended to read as follows:

321.5967 1. There is hereby created a board of review composed of:

(a) The director of the state department of conservation and natural

resources;

(b) The administrator of the division of environmental protection of the

state department of conservation and natural resources;

(d) The administrator of the division of state parks of the state

department of conservation and natural resources;

(e) The state engineer;

(f) The state forester firewarden

; (g) The chairman of the state environmental commission;

(i) The chairman of the board of wildlife commissioners; and

(j) The administrator of the office of historic preservation of the

department of museums, library and arts.

3. The board shall meet at such times and places as are specified by a

call of the chairman. Six members of the board constitute a quorum. The

affirmative vote of a majority of the board members present is sufficient for

any action of the board.

4. Except as otherwise provided in this subsection, the members of the

board serve without compensation. The chairman of the state environmental

commission and the chairman of the board of wildlife commissioners are

entitled to receive a salary of not more than $80, as fixed by the board, for

each day's attendance at a meeting of the board.

5. While engaged in the business of the board, each member and

employee of the board is entitled to receive the per diem allowance and

travel expenses provided for state officers and employees generally.

6. The board:

(a) Shall review and approve or disapprove all regulations proposed by

the state land registrar pursuant to NRS 321.597.

(b) May review any decision of the state land registrar made pursuant to

NRS 321.596 to 321.599, inclusive, if an appeal is taken pursuant to NRS

321.5987, and affirm, modify or reverse the decision.

(c) Shall review any plan or statement of policy concerning the use of

lands in Nevada under federal management which is submitted by the state

land use planning agency.

Sec. 11. NRS 445B.200 is hereby amended to read as follows:

445B.200 1. The state environmental commission is hereby created

commission consists of:

(a) The administrator of the division of wildlife of the department;

(b) The state forester firewarden;

(c) The state engineer;

(f) A member of the state board of health to be designated by that board;

and

(g) Five members appointed by the governor, one of whom is a general

engineering contractor or a general building contractor licensed pursuant to

chapter 624 of NRS and one of whom possesses expertise in performing

mining reclamation. 2. The governor shall appoint the chairman of the commission from

those present must concur in any decision.

4. Each member who is appointed by the governor is entitled to receive

a salary of not more than $80, as fixed by the commission, for each day's

attendance at a meeting of the commission.

5. While engaged in the business of the commission, each member and

employee of the commission is entitled to receive the per diem allowance

and travel expenses provided for state officers and employees generally.

state or federal law, directly or indirectly from one or more holders of or

applicants for a permit required by NRS 445A.300 to 445A.730, inclusive,

person who receives or has received during the previous 2 years, a

significant portion of his income from any department or agency of state

government which is a holder of or an applicant for a permit required by

NRS 445A.300 to 445A.730, inclusive.

7. The state department of conservation and natural resources shall

provide technical advice, support and assistance to the commission. All

state officers, departments, commissions and agencies, including the

department of transportation, the department of human resources, the

University and Community College System of Nevada, the state public

works board, the department of motor vehicles and public safety, the public

utilities commission of Nevada, the transportation services authority and

assistance to the commission.

Sec. 12. NRS 446.020 is hereby amended to read as follows:

establishment" means any place, structure, premises, vehicle or vessel, or

any part thereof, in which any food intended for ultimate human

consumption is manufactured or prepared by any manner or means

whatever, or in which any food is sold, offered or displayed for sale or

served.

2. The term does not include:

(a) Private homes;

(b) Fraternal or social clubhouses at which attendance is limited to

members of the club;

(c) Vehicles operated by common carriers engaged in interstate

commerce;

(d) Any establishment in which religious, charitable and other nonprofit

organizations sell food occasionally to raise money or in which charitable organizations receive salvaged food in bulk quantities for free distribution,

unless the establishment is open on a regular basis to sell food to members

of the general public;

(e) Any establishment where animals are slaughtered which is regulated

(f) Dairy farms and plants which process milk and products of milk or

frozen desserts which are regulated under chapter 584 of NRS; or

(g) The premises of a wholesale dealer of alcoholic beverages licensed

under chapter 369 of NRS who handles only those beverages which are in

sealed containers.

Sec. 13. NRS 455.030 is hereby amended to read as follows:

a dangerous condition that results from mining practices which took place

at a mine that is no longer operating, if the information identifies a person

responsible for the condition, the board shall transmit this information to

the sheriff or the constable of the township where the condition exists.

2. Upon receipt of information pursuant to subsection 1 or upon the

filing of the notice, as provided for in NRS 455.020, the sheriff or

constable shall serve a notice, in the same manner and form as a summons,

upon each person identified as owner or otherwise responsible.

Sec. 14. NRS 455.060 is hereby amended to read as follows:

455.060 1. If the notice states that the excavation, shaft or hole has

been abandoned, and no person claims the ownership thereof, the sheriff or

constable shall notify the board of county commissioners of the county, or

any member of the board of county commissioners, of its location. Upon

mining practices which took place at a mine that is no longer operating, if

the information does not identify any person responsible for the dangerous

condition, the board shall, as soon as possible thereafter, decide whether it

persons or animals.

2. All expenses thus incurred must be paid first out of the judgments

collected in accordance with the provisions of NRS 455.010 to 455.180,

inclusive, in the same manner as other county expenses.

Sec. 15. NRS 482.368 is hereby amended to read as follows:

482.368 1. Except as otherwise provided in subsection 2, the

department shall provide suitable distinguishing license plates for exempt

vehicles. These plates must be displayed on the vehicles in the same

manner as provided for privately owned vehicles. The fee for the issuance

of the plates is $5. Any license plates authorized by this section must be immediately returned to the department when the vehicle for which they

were issued ceases to be used exclusively for the purpose for which it was

exempted from the privilege tax.

2. License plates furnished for:

(a) Those vehicles which are maintained for and used by the governor or

under the authority and direction of the chief parole and probation officer,

the state contractors' board and auditors, the state fire marshal, the

investigation division of the department and any authorized federal law

enforcement agency or law enforcement agency from another state;

(b) One vehicle used by the department of prisons, three vehicles used

by the division of wildlife of the state department of conservation and

natural resources, two vehicles used by the Caliente youth center and four

vehicles used by the Nevada youth training center;

(c) Vehicles of a city, county or the state, if authorized by the

such other purposes as are approved upon proper application and

justification; and

(d) Vehicles maintained for and used by investigators of the following:

(1) The state gaming control board;

(3) The attorney general;

(4) City or county juvenile officers;

(5) District attorneys' offices;

(6) Public administrators' offices;

(7) Public guardians' offices;

(8) Sheriffs' offices;

(9) Police departments in the state; and

(10) The securities division of the office of the secretary of state,

must not bear any distinguishing mark which would serve to identify the

vehicles as owned by the state, county or city. These license plates must be

issued annually for $12 per plate or, if issued in sets, per set.

3. The director may enter into agreements with departments of motor

vehicles of other states providing for exchanges of license plates of regular

series for vehicles maintained for and used by investigators of the law

enforcement agencies enumerated in paragraph (d) of subsection 2, subject

to all of the requirements imposed by that paragraph, except that the fee

required by that paragraph must not be charged.

4. Applications for the licenses must be made through the head of the

department, board, bureau, commission, school district or irrigation district,

or through the chairman of the board of county commissioners of the

county or town or through the mayor of the city, owning or controlling the

vehicles, and no plate or plates may be issued until a certificate has been

filed with the department showing that the name of the department, board,

bureau, commission, county, city, town, school district or irrigation district, as the case may be, and the words "For Official Use Only" have been

permanently and legibly affixed to each side of the vehicle, except those

vehicles enumerated in subsection 2.

5. As used in this section, "exempt vehicle" means a vehicle exempt

6. The department shall adopt regulations governing the use of all

license plates provided for in this section. Upon a finding by the

department of any violation of its regulations, it may revoke the violator's

privilege of registering vehicles pursuant to this section.

Sec. 16. NRS 501.352 is hereby amended to read as follows:

501.352 The administrator shall require the personnel of the division to

report to him as soon as practicable any reasonable suspicion that a

communicable disease may be present in wildlife in Nevada. The

Any sample collected by the personnel of the division in evaluating such a

Sec. 17. NRS 503.570 is hereby amended to read as follows:

503.570 1. A person taking or causing to be taken wild mammals by

means of traps, snares or any other devices which do not, or are not

mammals, visit or cause to be visited at least once each 96 hours each trap,

snare or other device during all of the time the trap, snare or device is

therefrom any mammals caught therein.

in their official capacities.

Sec. 18. Chapter 513 of NRS is hereby amended by adding thereto a

new section to read as follows:

Sec. 19. NRS 513.011 is hereby amended to read as follows:

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

1. "Administrator" means the administrator of the division.

2. "Commission" means the commission on mineral resources.

Sec. 20. NRS 513.063 is hereby amended to read as follows:

513.063 The commission shall:

1. Keep itself informed of and interested in the entire field of

2. Report to the governor and the legislature on all matters which it

specific matters previously requested by the governor.

3. Advise and make recommendations to the governor and the

legislature concerning the policy of this state relating to minerals.

5. Adopt regulations necessary for carrying out the duties of the

Sec. 21. NRS 513.083 is hereby amended to read as follows:

513.083 1. The chief administrative officer of the division is the

commission.

2. The administrator of the division:

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

substantial experience as an administrator or at least 5 years' experience in

the exploration for or the production or conservation of minerals.

(b) Is in the unclassified service of the state.

(c) Except as otherwise provided in NRS 284.143, shall devote his

entire time and attention to his duties as a public officer and shall not

pursue any other business or occupation or hold any other office of profit.

Sec. 22. NRS 513.094 is hereby amended to read as follows:

517.185 applies. Each county recorder shall collect and pay over the

additional fee, and the additional fee must be deposited in the same manner

as provided in that section.

2. The administrator shall, within the limits of the money provided by

this fee, establish a program to discover dangerous conditions that result

from mining practices which took place at a mine that is no longer

operating, identify if feasible the owner or other person responsible for the

condition, and rank the conditions found in descending order of danger.

more often if the danger discovered warrants, inform each board of county

commissioners concerning the dangerous conditions found in the respective

counties, including their degree of danger relative to one another and to

avoid those hazards resulting from mining practices which took place at a

mine that is no longer operating. 3. To carry out this program and these duties, the administrator shall

employ a qualified assistant, who must be in the unclassified service of the

state and whose position is in addition to the unclassified positions

otherwise authorized in the division by statute.

4. The commission shall provide by regulation:

danger to persons or animals and for determining the relative degree of

danger. A condition whose existence violates a federal or state statute or

(b) Standards for abating the kinds of dangers usually found, including,

but not limited to, standards for excluding persons and animals from

dangerous open excavations.

Sec. 23. Chapter 517 of NRS is hereby amended by adding thereto a

new section to read as follows:

Sec. 24. NRS 517.040 is hereby amended to read as follows:

locator of a lode mining claim shall prepare two copies of a map of the

claim on a scale of not less than 500 feet to the inch, which sets forth the

position of the monuments in relation to each other and establishes numbers

United States, the description must be connected by courses and distances

found through the exercise of due diligence, the description must be tied by

courses and distance to a natural landmark or a readily identifiable artificial

landmark which is customarily shown on a map, including, without

limitation, a bench mark or the point at which two roads intersect. The

are surveyed lands, the quarter section and section in which the landmark

employ a professional surveyor or engineer, but each locator shall prepare a

map which is in accordance with his abilities to map and properly set forth

the boundaries and location of his claim. The size of each sheet must be

must be capable of being photocopied. Any 24- by 36-inch sheet must be a

mylar print or other material capable of being reproduced by standard

means.

2. Within 90 days after the posting of the notice of location, the locator

shall file both copies of the map with the county recorder in the county in

which the claim is located together with a filing fee of $15 for each claim

whose boundaries and location are set forth on the map. 3. Using the proceeds of these filing fees, the county:

(a) Shall establish and maintain, in accordance with the regulations of

map of the mining claims in the county that must accurately record the

location of all mining claims filed after July 1, 1971;

(b) Shall purchase and maintain the necessary equipment used in

establishing, maintaining and duplicating the map; and

(c) May use any remaining money for any purpose determined by the

county recorder.

The map is a public record.

4. The county recorder shall not refuse to accept a map submitted by a

locator unless he can affirmatively show that the map submitted does not

accurately reflect the location of all the claims.

5. The county recorder shall send one copy of the locator's map and

one copy of the certificate of location to the county surveyor as soon as

practicable after its receipt.

Sec. 25. NRS 517.100 is hereby amended to read as follows:

517.100 Within 90 days after posting the notice of location of a placer

1. Prepare two copies of a map of the claim which must be of a scale of

been extended over the land embraced in the location, the claim may be

taken and described on the map by legal subdivisions as provided in NRS

diligence, the map must set forth the position of the monuments in relation

must be tied to a natural landmark or a readily identifiable artificial

landmark as provided in NRS 517.040.

2. File the maps with the county recorder in the county in which the

claim is located together with a filing fee of $1 per acre. One-half of the

county that must accurately record the location of all mining claims filed

after July 1, 1971, which is a public record. The remaining part of the fee

may be used for the same purposes as any other general revenue of the

county.

Sec. 26. NRS 517.185 is hereby amended to read as follows:

517.185 In addition to any recording fee, each filing pursuant to NRS

517.050, 517.080, 517.110, 517.140, 517.170, 517.200 and 517.230 must

shall collect the fee and, on or before the fifth working day of each month,

deposit with the county treasurer all such fees collected during the

Sec. 27. NRS 519A.140 is hereby amended to read as follows:

519A.140 The division shall:

1. Administer and enforce the provisions of NRS 519A.010 to

519A.280, inclusive, and the regulations adopted by the commission

pursuant to NRS 519A.160.

2. Employ persons who are experienced and qualified in the area of

reclamation.

States Bureau of Land Management and the United States Forest Service

concerning the adoption by those agencies of plans of reclamation that:

(a) Apply to mining operations or exploration projects that are

federal agency and privately owned land; and

(b) Substantially provide for the reclamation and security required by

this chapter.

4. Develop and offer to operators on a regular basis educational

workshops that include and emphasize reclamation training and techniques

suitable for small exploration projects and mining operations.

5. Offer advice and technical assistance to operators.

6. Approve, reject or impose conditions upon the approval of any plan

for reclamation for an exploration project or mining operation.

imposed upon an approved plan and the security required, on the same day

that information is sent to the operator.

Sec. 28. NRS 519A.210 is hereby amended to read as follows:

519A.210 A person who desires to engage in a mining operation must:

1. File with the division, upon a form approved by it, an application for

a permit for each location at which he will conduct operations. The

application must include:

(a) The name and address of the applicant and, if a corporation or other

business entity, the name and address of its principal officers and its

resident agent for service of process;

(b) A completed checklist developed by the division pursuant to NRS

519A.220; and

(c) Any other information required by the regulations adopted by the

commission pursuant to NRS 519A.160.

2. Pay to the division the application fee established in the regulations

adopted by the commission pursuant to NRS 519A.160.

3. Agree in writing to assume responsibility for the reclamation of any

land damaged as a result of the mining operation. 4. Not be in default of any other obligation relating to reclamation

pursuant to this chapter.

5. File with the division a bond or other surety in a form and amount

519A.160.

reclamation which is filed with the application pursuant to subsection 1, on

the same day the application is filed with the division.

Sec. 29. NRS 519A.250 is hereby amended to read as follows:

519A.250 1. An operator who is required by federal law to file a plan

of operation or an amended plan of operation with the United States Bureau

of Land Management or the United States Forest Service for operations

relating to mining or exploration on public land administered by a federal

land to be disturbed by mining included in the plan or incremental acres to

be disturbed pursuant to an amended plan.

2. The division of minerals shall adopt by regulation a method of

refunding a portion of the fee required by this section if a plan of operation

is amended to reduce the number of acres or part of an acre to be disturbed

pursuant to the amended plan. The refund must be based on the reduced

number of acres or part of an acre to be disturbed.

3. All money received by the division of minerals pursuant to

subsection 1 must be accounted for separately and used by the division of

minerals to create and administer programs for:

(a) The abatement of hazardous conditions existing at abandoned mine

sites which have been identified and ranked pursuant to the degree of

hazard established by regulations adopted by the division of minerals; and

dangers of the hazardous conditions described in paragraph (a).

All interest and income earned on the money in the account, after deducting

applicable charges, must be deposited in the account for the division of

4. On or before February 1 of each odd-numbered year, the division of

minerals shall file a report with the governor and the legislature describing

its activities, total revenues and expenditures pursuant to this section.

Sec. 30. NRS 519A.290 is hereby amended to read as follows:

administer a program providing for the pooling of reclamation performance

bonds to assist: (a) An operator to comply with the bonding and surety requirements of

this chapter;

(b) A person who engages in small mining operations or small

exploration projects to comply with the requirements for financial

guarantees set forth in the regulations adopted pursuant to 43 U.S.C. §

1740; or

(c) A person who engages in mining operations, small mining

operations, exploration projects or small exploration projects to comply

with the bonding requirements imposed pursuant to an ordinance adopted

by a county in this state.

2. The program must:

(a) Be designed to reduce the financial burden of obtaining a

reclamation performance bond for mining operations, small mining

operations, exploration projects or small exploration projects;

(b) Require each operator or any other person who participates in the

program to:

(1) Pay an amount into the pool each year which annually is

actuarially determined to enable the program to be self-sustaining;

(2) Execute an agreement of indemnity on a form provided by the

division of minerals; and

(3) Provide collateral or other security approved by the administrator

of the division of minerals if the administrator considers it necessary to

ensure against the forfeiture of a reclamation performance bond;

(c) Use the money in the pool to cover the bonded liability of the

operators and any other persons who participate in the program;

(d) Provide a limit on the total bonded liability of any person who may

be covered under the program; and

(e) Provide conditions for the release and forfeiture of bonds.

3. The division of minerals shall adopt regulations relating to the

development and administration of the program.

4. If the reclamation performance bond of an operator or any other

person who participates in the program is forfeited, the attorney general

may bring an action in the name of the State of Nevada in any court of

competent jurisdiction against the operator or such other person to recover

the costs incurred by the program in the reclamation of the land.

Sec. 31. NRS 522.023 is hereby amended to read as follows:

Sec. 32. NRS 522.050 is hereby amended to read as follows:

522.050 A person desiring to drill a well in search of oil or gas shall

notify the division of that intent on a form prescribed by the division and

the division. The drilling of a well is prohibited until a permit to drill is

obtained in accordance with the provisions of this chapter.

Sec. 33. NRS 522.150 is hereby amended to read as follows:

522.150 1. Any expenses in connection with Nevada's affiliation

with the Interstate Oil Compact Commission must be paid from the account

2. To pay the expenses of the division, every producer of oil or natural

barrels and of natural gas in thousands of cubic feet during the preceding

and marketed by him during the preceding month. The division shall

deposit with the state treasurer, for credit to the account for the division of

minerals, all money received pursuant to this subsection. Every person

purchasing such oil or natural gas is liable for the payment of the

Sec. 34. NRS 527.220 is hereby amended to read as follows:

527.220 The state forester, subject to the approval of the director of the

state department of conservation and natural resources, may:

1. Cooperate with the United States or any agency thereof, agencies of

the state, county or municipal governments, agencies of neighboring states

or other public or private organizations or persons.

supplies or services, including prison labor, from other cooperators as he

may deem appropriate.

3. Enter into agreements with the United States or its agencies for the

matching of federal money as required under the laws of the United States

relating to forest pests.

Sec. 35. NRS 534A.031 is hereby amended to read as follows:

obtained as a result of a geothermal project must be filed with the division

be disclosed during that time without the express written consent of the

operator of the project, except that it must be made available by the

division to the state engineer or any other agency of the state upon request.

The state engineer or other agency shall keep the information confidential. Sec. 36. NRS 534A.060 is hereby amended to read as follows:

conditions of the permit.

administrator requires by regulation.

Sec. 37. NRS 534A.070 is hereby amended to read as follows:

534A.070 1. The administrator of the division of minerals of the

shall approve or reject an application for a permit to drill an exploratory

extended by the administrator.

2. Upon receipt of an application for a permit to drill or operate a

geothermal well, the administrator of the division of minerals shall transmit

copies of the application to the state engineer, the administrator of the

division of environmental protection of the state department of

conservation and natural resources and the administrator of the division of

wildlife of the state department of conservation and natural resources. After

consultation with the state engineer and each of the administrators, the

administrator of the division of minerals may issue a permit to drill or

operate a geothermal well if it is determined that issuance of a permit is

consistent with:

(a) The policies specified in NRS 445A.305 and 445B.100;

(b) The purposes of chapters 533 and 534 of NRS; and

(c) The purposes specified in chapter 501 of NRS.

3. The administrator of the division of minerals shall approve or reject

the application to drill or operate a geothermal well within 90 days after he

receives it in proper form, unless it is determined that a conflict exists

pursuant to subsection 2 or a public hearing is necessary pursuant to

subsection 4. Notice of the conflict or need for a public hearing must be

provided to the applicant within the 90-day period.

4. The state engineer and the administrator of the division of minerals

may hold public hearings jointly or separately to gather such evidence or

information as they deem necessary for a full understanding of all the rights

involved and to guard properly the public interest.

5. A permit issued pursuant to this section must include any conditions:

(a) Deemed necessary by the administrator of the division of minerals to

carry out the purposes of this section; and

chapters 533 and 534 of NRS.

Sec. 38. NRS 547.050 is hereby amended to read as follows:

547.050 When any district board of agriculture is classified and

organized as provided in NRS 547.040, the secretary of the board shall

report such classification and organization to:

2. Its appointing authority.

Sec. 39. NRS 548.120 is hereby amended to read as follows:

548.120 1. The following shall serve, ex officio, as members of the

state conservation commission:

(a) The dean of the Max C. Fleischmann College of Agriculture of the

University of Nevada, Reno.

2. The ex officio members may appoint, in writing, alternates to attend

any meeting of the commission. Ex officio members or their alternates

3. An ex officio member of the commission shall serve on the

commission as long as he retains the office by virtue of which he is serving

on the commission.

Sec. 40. Chapter 552 of NRS is hereby amended by adding thereto the

provisions set forth as sections 41 and 42 of this act.

Sec. 43. NRS 552.085 is hereby amended to read as follows:

552.085 As used in this chapter, unless the context otherwise requires,

them in those sections.

Sec. 44. NRS 552.0861 is hereby amended to read as follows:

Sec. 45. NRS 552.090 is hereby amended to read as follows:

pertaining to the apiary industry.

necessary to carry out the provisions of this chapter.

a hearing, impose a civil penalty of not more than $500 for each violation

of this chapter.

4. Any civil penalty collected pursuant to this section must be

deposited in the state general fund.

Sec. 46. NRS 552.155 is hereby amended to read as follows:

552.155 1. Every person who is the owner or in possession of an

apiary located within this state shall, on or before May 1 of each year, and

therein and the location thereof.

2. The application must be accompanied by a registration fee of $5.

3. If the beekeeper owns or possesses 11 or more colonies, the

application must also be accompanied by the annual fee for each colony in

excess of 10.

4. The fees imposed by this section must be paid within 30 days after

May 1 or within 30 days after obtaining possession of the colonies. The

penalty for late payment is 50 percent of the amount due.

must be displayed in a conspicuous place in the apiary.

6. It is unlawful for any person to maintain or locate an apiary within

this state without registering it as provided in this section.

7. Unregistered apiaries or colonies of bees shall be deemed

abandoned and are subject to abatement.

Sec. 47. NRS 552.157 is hereby amended to read as follows:

552.157 Every person who owns or possesses 11 or more colonies of

excess of 10. The state board of agriculture shall set the amount of the fee,

which may not exceed $1 per colony, after consultation with

representatives of the state's beekeepers.

Sec. 48. NRS 552.160 is hereby amended to read as follows:

(a) Order the owner or any person in possession of the apiary to destroy

the diseased bees, hives and appliances at the expense of the owner;

(b) Order the owner or any person in possession of the apiary to treat the

hives and appliances at the expense of the owner, if, in the opinion of the

inspector, the nuisance can be abated by treatment rather than destruction;

or

554 of NRS.

3. If inspection discloses the existence of American foulbrood, the

order for destruction or treatment must require compliance within not less

than 24 hours nor more than 72 hours. Any other order must specify a

reasonable time with reference to the nature of the disease.

person cannot be located, by posting the order in a conspicuous place at the

apiary.

Sec. 49. NRS 552.170 is hereby amended to read as follows:

552.170 If the owner or person in possession of an apiary neglects or

inspector or other agent to abate the nuisance by the method prescribed in

the order.

Sec. 50. NRS 552.200 is hereby amended to read as follows:

552.200 1. It is unlawful for any person to transport or move in any

supplies, and set up, establish or deposit them at any point in the State of

Nevada without first obtaining a temporary or seasonal written permit from

supplies to be moved are free from any disease liable to injure any

3. It is unlawful for any person having a seasonal permit to transport or

move bees anywhere within the State of Nevada unless he files with the

of the number of colonies of bees which have been moved and the number

of colonies of bees which have been left at the point of origin, stating the

definite point both of origin and destination to which such bees have been

moved.

4. If any emergency requires the immediate removal of bees, the owner

after the date of moving as provided in subsection 3.

foulbrood disease exists in more than 1 percent of the colonies in any

apiary of 100 or more colonies, or in one or more colonies in any apiary of

less than 100 colonies, it shall quarantine the apiary, giving notice thereof

to the owner or bailee and posting a copy of the notice in a conspicuous

place in the apiary.

6. When any such notice has been given as provided in subsection 5, it

apiary, or any part thereof, or any other bee equipment from the location

apiary.

Sec. 51. NRS 552.205 is hereby amended to read as follows:

1. Establish standards of colony strength based upon:

(a) The number of bees per hive;

(b) The number of cells containing brood per hive;

(c) The health of the bees and brood; and

(d) Any other factors which reasonably relate to the ability of the colony

to pollinize horticultural and agricultural crops.

2. Appoint qualified inspectors to determine colony strength.

3. Certify hives of bees used in commercial pollinization on the basis

of colony strength.

4. Establish reasonable fees to cover the cost of colony strength

inspection and certification.

Sec. 52. NRS 552.210 is hereby amended to read as follows:

552.210 1. A person shall not ship or transport into this state any

bees, used beehives, honeycombs or appliances, except queens or bees in

screened cages without comb, unless he first obtains a permit for entry

bees on comb and hives containing comb into this state from another state

if the applicant:

(1) The name, address and telephone number of the owner or shipper

and the state and county of origin.

(2) The address and telephone number of the owner or shipper in this

state, if applicable.

(3) The number of colonies containing bees and a complete listing of

all beekeeping equipment and appliances to be brought into this state.

(4) A legal description and the exact geographical location of the site

for each apiary at its destination in this state.

(b) Except as otherwise provided in subsection 3 and in NRS 552.214,

submits with the application, a certificate of inspection from an authorized

officer of the state of origin certifying:

(1) That all bees intended for shipment and owned or controlled by

the applicant have been inspected within 60 days before shipment and at a

time when the bees are actively rearing their brood.

found during the preceding 2 years in any apiaries intended for shipment by

the applicant, and that all disease found during that period has been

destroyed. (3) The date on which the last inspection of the apiaries, bees, comb

and used hives and equipment was made at their place of origin.

(4) The total number of colonies in the apiary at the time of the

inspection and the number of colonies found to be diseased.

(5) The total number of colonies of bees, hives, used equipment and

appliances to be shipped into this state.

(6) The shipper's full name, the name under which he is doing

business, if applicable, and his address.

(7) The identification numbers or letters, or both, used by the shipper

to identify his beekeeping equipment.

(c) Submits with the application a fee set by the state board of

agriculture which does not exceed $1 for each colony.

3. An applicant for a permit for entry may submit a certificate of

authorizes reentry into the state for 1 year after the date the inspection was

performed.

4. Each shipment must be accompanied by a copy of the permit of

inspection required by this section.

5. If any bees, used hives, honeycombs or appliances entering this state

are found to be diseased at the time of inspection in this state, the shipment

must be quarantined in the same manner as provided in NRS 552.200, and

must be destroyed or shipped out of the state at the option and expense of

that the disease can be eradicated by treatment rather than destruction.

6. All honeycombs transported from a point outside this state through

this state in interstate commerce must be covered by the person in

possession in a manner which will prevent access of bees.

7. All bees, used hives, honeycombs or appliances entering this state in

violation of the provisions of this chapter must be destroyed or shipped out

of this state at the option and expense of the owner or person in possession,

such sale must include an agreement by the purchaser to comply with all

provisions of this chapter, and the proceeds of the sale must be deposited

with the state treasurer for credit to the apiary inspection account.

Sec. 53. NRS 552.212 is hereby amended to read as follows:

552.212 1. A person shall not ship or transport into this state any

queens or other bees in screened cages without comb unless the shipment is

accompanied by a certificate of an authorized officer of the state of origin

certifying that all bees intended for shipment:

(a) Were inspected within 60 days before the date of shipment; and

(b) Were found to be free from disease and pests

accompanied by the certificate of inspection and notify the person who

supplied. If the certificate is not supplied within that time, the bees may be

destroyed.

Sec. 54. NRS 552.214 is hereby amended to read as follows:

search sufficient bees for pollination purposes are not reasonably available

with a 2-year disease-free history as provided in subsection 2 of NRS

stating that the applicant has received an inspection from the authorized

state authority in the state of origin finding that the bees covered by the

inspected within the past 60 days and have been found free of American

foulbrood disease.

removed to the point of origin within 24 hours.

Sec. 55. NRS 552.215 is hereby amended to read as follows:

purpose of obtaining a certificate of inspection for bees or appliances, the

Sec. 56. NRS 552.270 is hereby amended to read as follows:

552.270 Any person engaged in the rearing and distribution of queen

which is infectious or contagious in its nature and injurious to bees in their

issuance of a certificate of inspection.

Sec. 57. NRS 552.300 is hereby amended to read as follows:

552.300 1. Upon presentation of satisfactory evidence by the state

quarantine officer, the chief inspector or any deputy inspector of the

violation of any of the provisions of this chapter, any district attorney shall,

the provisions of this chapter.

counsel to assist in the prosecution of any person charged with the violation

of any of the provisions of this chapter and compensate the counsel so

Sec. 58. NRS 555.005 is hereby amended to read as follows:

555.005 As used in this chapter, unless the context requires otherwise:

3. "Noxious weed" means any species of plant which is, or is likely to

be, detrimental or destructive and difficult to control or eradicate.

4. "Vertebrate pest" means any animal of the subphylum Vertebrata,

may declare to be a pest.

Sec. 59. NRS 555.010 is hereby amended to read as follows:

555.010 Within the limits of any appropriation made by law, the

1. Investigate the prevalence of; and

2. Take the necessary action to control,

vertebrate and invertebrate pests of plants and animals, plant diseases,

physiological plant disorders and noxious weeds for the protection of the

crops, livestock, public health, wildlife, water quality and beneficial uses of

land in the State of Nevada.

Sec. 60. NRS 555.021 is hereby amended to read as follows:

otherwise, with any federal agency or department, any other state agency or

department, any county, city, public district or political subdivision of this

state, any public or private corporation, and any natural person or group of

agricultural interests and in suppressing vertebrate pest vectors of diseases

transmissible and injurious to humans.

Sec. 61. NRS 555.100 is hereby amended to read as follows:

inspection to be made of any premises within the jurisdiction of the

notice.

2. Notices may be served upon the owner or occupant by an officer or

Sec. 62. NRS 555.110 is hereby amended to read as follows:

555.110 1. All such premises so infected or infested are hereby

2. The expense thereof must be paid from any money made available to

Sec. 63. NRS 555.120 is hereby amended to read as follows:

lien on the property and premises from which the nuisance has been

and premises.

2. A notice of lien must be filed and recorded in the office of the

county recorder of the county in which the property and premises are

situated within 30 days after the right to liens has accrued.

3. An action to foreclose a lien may be commenced at any time within

1 year after the filing and recording of the notice of lien, which action must

be brought in the proper court by the district attorney of the county in the

if not, into the court for his use when ascertained. All sales under the

must be made in the same manner and upon the same notice as sales of real

property under execution from a justice's court.

Sec. 64. NRS 555.125 is hereby amended to read as follows:

become infested with a pest which cannot be practically eradicated or

maintained or allowed to exist.

plants within the area and must specify:

(a) The time and place of the hearing.

(b) The host plant.

(c) The pest.

(d) The purpose of the hearing

cultivated, maintained or allowed to exist, and requiring owners or

5. Any person violating such an order is guilty of a misdemeanor.

Sec. 65. NRS 555.160 is hereby amended to read as follows:

development and growth of noxious weeds in this state. Upon the discovery

such time and in such manner as designated and described in the notice.

One such notice shall be deemed sufficient for the entire season of weed

growth during that year.

2. Notices may be served upon the owner or occupant by an officer or

personally or by certified mail, with receipt given therefor.

Sec. 66. NRS 555.235 is hereby amended to read as follows:

555.235 As used in NRS 555.235 to 555.249, inclusive:

1. "Agent" means any person who:

(a) Acts upon the authority of another person possessing a valid nursery

license in this state; and

(b) Solicits for the sale of nursery stock.

2. "Container" means any receptacle in which nursery stock is packed

for shipment, storage or sale.

4. "Licensee" means any person licensed under the provisions of NRS

555.235 to 555.249, inclusive.

5. "Nursery" means any ground or place where nursery stock is grown,

stored, packed, treated, fumigated or offered for sale.

6. "Nursery stock" means any plant for planting, propagation or

ornamentation, and includes parts of plants, trees, shrubs, vines, vegetables,

bulbs, stolons, tubers, corms, pips, rhizomes, scions, buds and grafts.

7. "Peddler" means any person who sells, solicits or offers for sale

nursery stock to the ultimate customer and who does not have an

established permanent place of business in the state. The term does not

include nurserymen who wholesale stock to retail nurserymen in this state. 8. "Pest" means:

(a) Any form of animal life detrimental to the nursery industry of the

state.

(b) Any form of vegetable life detrimental to the nursery industry of the

state.

9. "Pest disease" means any infectious, transmissible or contagious

disease of plants, or any disorder of plants which manifests symptoms or

behavior which the director, after investigation, determines to be

characteristic of an infectious, transmissible or contagious disease.

10. "Place of business" means any location used to propagate, grow,

fee has been paid.

11. "Sell" means exchange, offer for sale, expose for sale, have in

possession for sale or solicit for sale.

Sec. 67. NRS 555.236 is hereby amended to read as follows:

555.236 1. Every person who engages in the commercial production,

holding, distribution, collection or selling of nursery stock shall obtain a

(a) Retail florists or other persons who sell potted, ornamental plants

intended for indoor decorative purposes.

(c) Persons engaged in agriculture and field-growing vegetable plants

intended for sale for use in agricultural production.

by the licensing requirements of NRS 555.235 to 555.249, inclusive, upon

concern to permit occasional sales of nursery stock for customer

accommodation.

2. Persons, state agencies or political subdivisions exempt from the

licensing requirements:

(a) Shall conduct their businesses in accordance with pest regulations

and grades and standards for nursery stock as established by the

Sec. 68. NRS 555.237 is hereby amended to read as follows:

555.237 1. Any person applying for a license shall do so on the

2. The application must be accompanied by the nursery license fee

Sec. 69. NRS 555.241 is hereby amended to read as follows:

may suspend or revoke, a nursery license for violation of any provision of

NRS 555.235 to 555.249, inclusive, or any rule or regulation adopted under

NRS 555.243, but no license may be refused, suspended or revoked until

hearing. Offenders must be given 15 days' notice in writing. The notice

must indicate the offense and the place of hearing.

Sec. 70. NRS 555.242 is hereby amended to read as follows:

stock to be held for terminal inspection.

Sec. 71. NRS 555.243 is hereby amended to read as follows:

may deem necessary to:

inclusive.

2. Establish sanitary standards relating to pest conditions of nurseries.

3. Establish mandatory and permissive grades for nursery stock. When

mandatory grades are established for nursery stock, all nursery stock sold

or offered for sale must be graded and labeled in accordance with those

standards.

4. Establish standards relating to conditions that interfere with the

proper development of nursery stock after planting.

Sec. 72. NRS 555.244 is hereby amended to read as follows:

enter any nursery during reasonable hours to ascertain:

1. The pest conditions of nursery stock on growing grounds.

2. The condition of nursery stock offered for sale.

Sec. 73. NRS 555.245 is hereby amended to read as follows:

certify to pest conditions, quality, viability or grade of nursery stock

contract.

Sec. 74. NRS 555.248 is hereby amended to read as follows:

555.248 Any nursery stock brought into this state which the

to believe to be infested or infected with any pest must be destroyed

immediately, at the expense of the owner or bailee, under the supervision of

1. The nature of the pest is such that no detriment can be caused to the

nursery industry or related industries in this state by shipping the nursery

inspecting officer:

(a) May affix a warning tag or notice to the nursery stock.

(b) Shall notify the owner or bailee to ship the nursery stock out of this

state within 48 hours.

(c) Shall keep the nursery stock under his control at the expense of the

owner or bailee.

(d) Shall destroy the nursery stock at the expiration of 48 hours if the

owner or bailee has not shipped the nursery stock out of the state.

released if the nursery stock is:

inspecting officer;

(c) Treated under the supervision of the inspecting officer; and

(d) Found to be free from pests.

Sec. 75. NRS 555.2485 is hereby amended to read as follows:

specifying a schedule of administrative fines which may be imposed, upon

notice and a hearing, for each violation of the provisions of NRS 555.235

to 555.249, inclusive, or the regulations adopted pursuant thereto. The

violation may not exceed:

(a) For the first violation, $250;

(b) For the second violation, $500; and

(c) For each subsequent violation, $1,000.

must be deposited with the state treasurer for credit to the state general

fund.

(a) In addition to imposing an administrative fine pursuant to this

section, issue an order requiring a violator to take appropriate action to

correct the violation; or

(b) Request the district attorney of the appropriate county to investigate

any provision of NRS 555.235 to 555.249, inclusive.

Sec. 76. NRS 555.249 is hereby amended to read as follows:

555.249 Any person violating the provisions of NRS 555.235 to

555.249, inclusive, or the regulations adopted pursuant thereto is guilty of a

misdemeanor and shall be punished by imprisonment in the county jail for

not more than 6 months, or by a fine of not more than $1,000, or by both

investigative costs and attorney's fees, against a person convicted of a

misdemeanor pursuant to this section.

Sec. 77. NRS 555.2617 is hereby amended to read as follows:

555.2617 "Certificate" means a certificate of competency issued by the

authorizing that person to make application of or to supervise the

application of a restricted-use pesticide.

Sec. 78. NRS 555.2618 is hereby amended to read as follows:

555.2618 "Certified applicator" means any person who is certified by

any restricted-use pesticide.

Sec. 79. NRS 555.2665 is hereby amended to read as follows:

other animal, which is normally considered to be a pest or which the

Sec. 80. NRS 555.267 is hereby amended to read as follows:

555.267 "Pesticide" means:

1. Any substance or mixture of substances, including any living

organisms or any product derived therefrom or any fungicide, herbicide,

insecticide, nematocide or rodenticide, intended to prevent, destroy,

control, repel, attract or mitigate any insect, rodent, nematode, snail, slug,

2. Any substance or mixture of substances intended to be used as a

plant regulator, defoliant or desiccant, and any other substances intended

Sec. 81. NRS 555.2683 is hereby amended to read as follows:

555.2683 "Restricted-use pesticide" means any pesticide, including

(a) Injurious to persons, pollinating insects, bees, animals, crops or land,

other than pests or vegetation it is intended to prevent, destroy, control or

mitigate; or

(b) Detrimental to:

(1) Vegetation, except weeds;

(2) Wildlife; or

(3) Public health and safety; or

2. Has been classified for restricted use by or under the supervision of

a certified applicator in accordance with the Federal Environmental

Sec. 82. NRS 555.2687 is hereby amended to read as follows:

555.2687 "Supervision" of the application of a restricted-use pesticide

by a certified applicator must be defined by regulation of the

Sec. 83. NRS 555.280 is hereby amended to read as follows:

555.280 A person shall not engage in pest control or serve as an agent,

operator or pilot for that purpose within this state at any time without a

Sec. 84. NRS 555.285 is hereby amended to read as follows:

555.285 A person shall not for hire engage in, offer to engage in,

advertise or solicit to perform any of the following pest control activities

concerning wood-destroying pests or organisms without a license issued by

1. Making an inspection to identify or to attempt to identify infestations

organisms.

2. Making inspection reports concerning the infestations or infections.

3. Making estimates or bids, whether written or oral, concerning the

infestations or infections.

4. Submitting bids to perform any work involving the application of

pesticides for the elimination, extermination, control or prevention of

Sec. 85. NRS 555.290 is hereby amended to read as follows:

555.290 1. An application for a license must be submitted to the

regarding the applicant's qualifications and proposed operations and other

relevant matters as required pursuant to regulations adopted by the

must include the social security number of the applicant.

2. If an applicant fails to complete the licensing requirements within 30

days after the date on which he submits his application, he forfeits all fees

he has tendered. Thereafter he may reinitiate the application process upon

payment of the appropriate fees.

Sec. 86. NRS 555.300 is hereby amended to read as follows:

show, upon examination, that he possesses adequate knowledge concerning

the proper use and application of pesticides and the dangers involved and

precautions to be taken in connection with their application.

shall designate an officer, member or technician of the organization to take

require more than one officer, member or technician to take the

examination.

3. The applicant or the person designated by the applicant in

(a) Not less than 2 years' practical experience in pest control; or

(b) Possess university credits of not less than 16 credit hours in

biological sciences of which not less than 8 credit hours must be in subjects

directly related to the categories of pest control in which the applicant

wishes to be licensed and have 6 or more months of practical experience in

pesticide application or related pest control.

4. The requirements of subsection 3 do not apply to persons holding a

to the renewal of the license of any such person.

Sec. 87. NRS 555.310 is hereby amended to read as follows:

person applying for the examination or re-examination a testing fee of $10

for each field of pest control in which the applicant wishes to be examined,

$15 for any one application.

control the sum of $50 before the license is issued. Any company or person

Sec. 88. NRS 555.320 is hereby amended to read as follows:

agent for service of process and finding that the applicant has satisfied the

shall issue a license to perform pest control within this state.

2. The license period is the calendar year. All licenses expire on

December 31 of each year. The license may be renewed annually upon

person, he must submit with his application for renewal the statement

required pursuant to NRS 555.325.

3. A penalty fee of $5 must be charged for failure to pay the renewal

fee when due unless the application for renewal is accompanied by a

written statement signed by the applicant that he has not made any

4. The license may restrict the licensee to the use of a certain type or

applicant is qualified to use only a certain type or types.

shall inform the applicant in writing of the reasons therefor.

Sec. 89. NRS 555.325 is hereby amended to read as follows:

555.325 1. A natural person who applies for the issuance or renewal

of human resources pursuant to NRS 425.520. The statement must be

completed and signed by the applicant.

pursuant to subsection 1 in:

(a) The application or any other forms that must be submitted for the

issuance or renewal of the license; or

3. A license to perform pest control may not be issued or renewed by

(a) Fails to submit the statement required pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant to subsection 1 that he

is subject to a court order for the support of a child and is not in

compliance with the order or a plan approved by the district attorney or

other public agency enforcing the order for the repayment of the amount

owed pursuant to the order.

4. If an applicant indicates on the statement submitted pursuant to

subsection 1 that he is subject to a court order for the support of a child and

is not in compliance with the order or a plan approved by the district

attorney or other public agency enforcing the order for the repayment of the

the applicant to contact the district attorney or other public agency

enforcing the order to determine the actions that the applicant may take to

satisfy the arrearage.

Sec. 90. NRS 555.330 is hereby amended to read as follows:

applicant for a pest control license proof of public liability and property

damage insurance in an amount not less than $10,000, nor more than

of pesticides or other materials declared hazardous or dangerous to man,

livestock, wildlife, crops or plantlife.

3. Any person injured by the breach of any such obligation is entitled

to sue in his own name in any court of competent jurisdiction to recover the

damages he sustained by that breach, if each claim is made within 6 months

after the alleged injury.

of a verified complaint of an interested person shall, investigate, as he

deems necessary, any loss or damage resulting from the application of any

pesticide by a licensed pest control operator. A verified complaint of loss

or damage must be filed within 60 days after the time that the occurrence of

the loss or damage becomes known except that, if a growing crop is alleged

to have been damaged, the verified complaint must be filed before 50

percent of the crop has been harvested. A report of investigations resulting

Sec. 91. NRS 555.350 is hereby amended to read as follows:

inquiry, for not longer than 10 days, and, after opportunity for a hearing,

may revoke, suspend or modify any license issued under NRS 555.2605 to

555.460, inclusive, if he finds that:

(a) The licensee is no longer qualified;

(b) The licensee has engaged in fraudulent business practices in pest

control;

(c) The licensee has made false or fraudulent claims through any media

(d) The licensee has applied known ineffective or improper materials;

(e) The licensee operated faulty or unsafe equipment;

(f) The licensee has made any application in a faulty, careless or

negligent manner;

(g) The licensee has violated any of the provisions of NRS 555.2605 to

(h) The licensee engaged in the business of pest control without having a

licensed applicator or operator in direct on-the-job supervision;

(i) The licensee aided or abetted a licensed or an unlicensed person to

evade the provisions of NRS 555.2605 to 555.460, inclusive, combined or

conspired with such a licensee or an unlicensed person to evade the

provisions, or allowed one's license to be used by an unlicensed person;

(j) The licensee was intentionally guilty of fraud or deception in the

procurement of his license; or

(k) The licensee was intentionally guilty of fraud or deception in the

issuance of an inspection report on wood-destroying pests or other report

required by regulation. 2. A license is suspended automatically, without action of the

damage or drift insurance filed pursuant to NRS 555.330, is canceled, and

the license remains suspended until the insurance is reestablished.

Sec. 92. NRS 555.3505 is hereby amended to read as follows:

order issued pursuant to NRS 425.540 that provides for the suspension of

all professional, occupational and recreational licenses, certificates and

permits issued to a person who is the holder of a license to perform pest

person to be suspended at the end of the 30th day after the date on which

letter issued to the holder of the license by the district attorney or other

public agency pursuant to NRS 425.550 stating that the holder of the

license has complied with the subpoena or warrant or has satisfied the

arrearage pursuant to NRS 425.560.

control that has been suspended by a district court pursuant to NRS

attorney or other public agency pursuant to NRS 425.550 to the person

whose license was suspended stating that the person whose license was

suspended has complied with the subpoena or warrant or has satisfied the

arrearage pursuant to NRS 425.560.

Sec. 93. NRS 555.351 is hereby amended to read as follows:

555.351 1. A person shall not use any restricted-use pesticide within

supervision of a certified applicator.

(a) A permit pursuant to NRS 586.403; or

(b) A special use permit pursuant to NRS 586.405,

Sec. 94. NRS 555.353 is hereby amended to read as follows:

555.353 Application for a certificate must be made to the

applicant's qualifications and proposed operations and other relevant

Sec. 95. NRS 555.355 is hereby amended to read as follows:

show, upon examination, that he possesses adequate knowledge concerning

the proper use and application of restricted-use pesticides and the dangers

involved and precautions to be taken in connection with their application,

(a) Label and labeling comprehension

. (b) Environmental consequences of pesticide use and misuse.

(c) Pests.

(d) Pesticides.

(e) Equipment.

(f) Application techniques.

(g) Laws and regulations.

(h) Safety.

meet special qualifications of competency to meet the special needs of a

given locality regarding the use or application of a specific restricted-use

pesticide.

for an examination or re-examination, in connection with the issuance of a

certificate, a testing fee not to exceed $10 for any one examination period.

Sec. 96. NRS 555.357 is hereby amended to read as follows:

qualified, he shall issue a certificate to make application of or to supervise

the application of restricted-use pesticides within this state.

2. A certificate is valid for 4 calendar years and expires on December

31. The certificate may be renewed upon completion of the requirements

requirements for renewal of a certificate.

4. The certificate may limit the applicant to the use of a certain type or

applicant is qualified to use only that type or types.

Sec. 97. NRS 555.359 is hereby amended to read as follows:

inquiry, for not longer than 10 days, and, after opportunity for a hearing,

may deny, revoke, suspend or modify any certificate issued under the

provisions of NRS 555.351 to 555.357, inclusive, if he finds that the

applicant or the certified applicator:

1. Is no longer qualified;

2. Has applied known ineffective or improper materials;

3. Has applied materials inconsistent with labeling or other restrictions

4. Has operated faulty or unsafe equipment;

5. Has made any application in a faulty, careless or negligent manner;

6. Aided or abetted an uncertified person to evade the provisions of

NRS 555.351 to 555.357, inclusive, combined or conspired with an

certificate to be used by an uncertified person;

7. Was guilty of fraud or deception in the procurement of his

certificate; 8. Has deliberately falsified any record or report;

9. Has violated any of the provisions of NRS 555.351 to 555.357,

10. Has failed or neglected to give adequate instruction or direction to

an uncertified person working under his supervision.

Sec. 98. NRS 555.360 is hereby amended to read as follows:

county in which the person resides, within 30 days after notice of the

2. A copy of the petition must forthwith be delivered to the

pertaining thereto, including a transcript of evidence received.

3. Upon compliance with the provisions of subsections 1 and 2, the

substantial evidence, are conclusive.

Sec. 99. NRS 555.370 is hereby amended to read as follows:

any ground equipment or of any device or apparatus used for application of

pesticides by aircraft, and may require proper repairs or other changes

before its further use.

Sec. 100. NRS 555.380 is hereby amended to read as follows:

materials or methods to be used and prohibit the use of materials or

methods in custom application of pesticides, to the extent necessary to

animals, including pollinating insects and aquatic life.

and recommendations of other agencies of this state or of the Federal

Government.

Sec. 101. NRS 555.390 is hereby amended to read as follows:

any licensee to maintain such records and furnish reports giving such

information with respect to particular applications of pesticides and such