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.

2-14 1. Shall appoint a chief or executive director, or both of them, of each

2-15 of the divisions, offices, commissions, boards, agencies or other entities of

2-16 the department, unless the authority to appoint such a chief or executive

2-17 director, or both of them, is expressly vested in another person, board or

2-18 commission by a specific statute. In making the appointments, the director

2-19 may obtain lists of qualified persons from professional organizations,

2-20 associations or other groups recognized by the department, if any. The

2-21 chief of the consumer affairs division is the commissioner of consumer

2-22 affairs, the chief of the division of financial institutions is the

2-23 commissioner of financial institutions, the chief of the housing division is

2-24 the administrator of the housing division, the chief of the manufactured

2-25 housing division is the administrator of the manufactured housing division,

2-26 the chief of the real estate division is the real estate administrator, the chief

2-27 of the division of unclaimed property is the administrator of unclaimed

2-28 property, the chief of the division of [agriculture is the administrator of the

2-29 division of agriculture, the chief of the division of minerals is the

2-30 administrator of the division of minerals, the chief of the division of]

2-31 insurance is the [insurance commissioner,] commissioner of insurance, the

2-32 chief of the division of industrial relations is the administrator of the

2-33 division of industrial relations, the chief of the office of labor

2-34 commissioner is the labor commissioner, the chief of the taxicab authority

2-35 is the taxicab administrator, the chief of the transportation services

2-36 authority is the chairman of the authority and the chief of any other entity

2-37 of the department has the title specified by the director, unless a different

2-38 title is specified by a specific statute.

2-39 2. Is responsible for the administration of all provisions of law relating

2-40 to the jurisdiction, duties and functions of all divisions and other entities

2-41 within the department. The director may, if he deems it necessary to carry

2-42 out his administrative responsibilities, be considered as a member of the

4-19 of the commission on tourism, the administrator of the division of

4-20 museums and history of the department of museums, library and arts and

4-21 the administrator of the division of minerals of the [department of business

4-22 and industry,] commission on mineral resources, may contract with a mint

4-23 to produce medallions made of gold, silver, platinum or nonprecious

4-24 metals and bars made of gold, silver or platinum.

4-25 2. The decision of the director to award a contract to a particular mint

4-26 must be based on the ability of the mint to:

4-27 (a) Provide a product of the highest quality;

4-28 (b) Advertise and market the product properly, including the promotion

4-29 of museums and tourism in this state; and

4-30 (c) Comply with the requirements of the contract.

4-31 3. The director shall award the contract to the lowest responsible

4-32 bidder, except that if in his judgment no satisfactory bid has been received,

4-33 he may reject all bids.

4-34 4. All bids for the contract must be solicited in the manner prescribed

4-38 mined in Nevada, if the ore is available. If it is not available, ore newly

4-39 mined in the United States may be used. Each medallion or bar made of

4-40 gold, silver or platinum must be 0.999 fine. Additional series of medallions

4-41 made of gold, silver or platinum at degrees of fineness of 0.900 or greater

5-16 The Great Seal of the State of Nevada from the mint which produces the

5-17 medallions or bars. The amount of the royalty must be:

5-18 (a) Based on the usual and customary fee charged as a commission by

5-19 dealers of similar medallions or bars; and

5-20 (b) Adjusted at least once each year to ensure it is competitive with the

5-21 usual and customary fee.

5-22 2. The director shall report every 6 months to the legislature, if it is in

5-23 session, or to the interim finance committee, if the legislature is not in

5-24 session. The report must contain:

5-25 (a) The amount of the royalties being charged; and

5-26 (b) The information used to determine the usual and customary fee

5-27 charged by dealers.

5-28 3. The money collected pursuant to this section must be deposited in

5-29 the account for the division of minerals [of the department of business and

5-33 and jurisdiction] may in their respective counties : [to:]

5-34 1. Execute contracts or agreements with the [division] state

5-35 department of agriculture [of the department of business and industry]

5-36 pursuant to the provisions of NRS 561.245; and

5-37 2. Make money and contributions available to the [division] state

5-41 of county commissioners of the [various] counties of this state [are granted

5-42 the power and authority,] may, by ordinance regularly enacted, [to]

6-18 addition to any authority [or power] provided by the charter of any

6-19 incorporated city in this state, whether incorporated by general or special

6-20 act, or otherwise, there is granted to the governing body of each of the

6-21 cities incorporated under any law of this state the [power and] authority, by

6-22 ordinance regularly enacted, to regulate, control and prohibit, as a public

6-23 nuisance, the excessive emission of dense smoke and air pollution caused

6-24 by excessive soot, cinders, fly ash, dust, noxious acids, fumes and gases

6-25 within the corporate limits of the city.

6-26 2. If an ordinance adopted pursuant to subsection 1 involves or affects

6-27 agricultural operations, any plan or program to [effectuate] carry out that

6-28 ordinance must allow for customarily accepted agricultural practices to

6-29 occur on agricultural land. A governmental entity which is considering the

6-30 adoption of such a plan or program shall consult with the [division] state

6-31 department of agriculture [of the department of business and industry] or

6-32 local conservation districts to determine [what] the customarily accepted

6-33 agricultural practices that may be affected by the proposed plan or

6-34 program.

6-35 3. [No] An existing compliance schedule, variance order or other

6-36 enforcement action relating to air pollution by fossil fuel-fired steam

6-37 generating facilities, with a capacity greater than 1,000 megawatts, may

6-41 [division] state department of agriculture [of the department of business

6-42 and industry] as a field agent or an inspector pursuant to subsection 2 of

7-20 (a) The director of the state department of conservation and natural

7-21 resources;

7-22 (b) The administrator of the division of environmental protection of the

7-23 state department of conservation and natural resources;

7-24 (c) The administrator of the division of minerals of the [department of

7-25 business and industry;] commission on mineral resources;

7-26 (d) The administrator of the division of state parks of the state

7-27 department of conservation and natural resources;

7-28 (e) The state engineer;

7-29 (f) The state forester firewarden;

7-30 (g) The chairman of the state environmental commission;

7-31 (h) The [administrator] director of the [division] state department of

7-32 agriculture ; [of the department of business and industry;]

7-33 (i) The chairman of the board of wildlife commissioners; and

7-34 (j) The administrator of the office of historic preservation of the

7-35 department of museums, library and arts.

7-36 2. The chairman of the state environmental commission [shall serve]

7-37 serves as chairman of the board.

7-38 3. The board shall meet at such times and places as are specified by a

7-39 call of the chairman. Six members of the board constitute a quorum. The

7-40 affirmative vote of a majority of the board members present is sufficient

7-41 for any action of the board.

7-42 4. Except as otherwise provided in this subsection, the members of the

8-18 [in] within the state department of conservation and natural resources. The

8-19 commission consists of:

8-20 (a) The administrator of the division of wildlife of the department;

8-21 (b) The state forester firewarden;

8-22 (c) The state engineer;

8-23 (d) The [administrator] director of the [division] state department of

8-24 agriculture ; [of the department of business and industry;]

8-25 (e) The administrator of the division of minerals of the [department of

8-26 business and industry;] commission on mineral resources;

8-27 (f) A member of the state board of health to be designated by that

8-28 board; and

8-29 (g) Five members appointed by the governor, one of whom is a general

8-30 engineering contractor or a general building contractor licensed pursuant to

8-31 chapter 624 of NRS and one of whom possesses expertise in performing

8-32 mining reclamation.

8-33 2. The governor shall appoint the chairman of the commission from

8-34 among the members [.] of the commission.

8-35 3. A majority of the members constitutes a quorum , and a majority of

8-36 those present must concur in any decision.

8-37 4. Each member who is appointed by the governor is entitled to

8-38 receive a salary of not more than $80, as fixed by the commission, for each

8-39 day’s attendance at a meeting of the commission.

8-40 5. While engaged in the business of the commission, each member and

8-41 employee of the commission is entitled to receive the per diem allowance

9-23 establishment" means any place, structure, premises, vehicle or vessel, or

9-24 any part thereof, in which any food intended for ultimate human

9-25 consumption is manufactured or prepared by any manner or means

9-26 whatever, or in which any food is sold, offered or displayed for sale or

9-27 served.

9-28 2. The term does not include:

9-29 (a) Private homes;

9-30 (b) Fraternal or social clubhouses at which attendance is limited to

9-31 members of the club;

9-32 (c) Vehicles operated by common carriers engaged in interstate

9-33 commerce;

9-34 (d) Any establishment in which religious, charitable and other nonprofit

9-35 organizations sell food occasionally to raise money or in which charitable

9-36 organizations receive salvaged food in bulk quantities for free distribution,

9-37 unless the establishment is open on a regular basis to sell food to members

9-38 of the general public;

9-39 (e) Any establishment where animals are slaughtered which is regulated

9-40 and inspected by the [division] state department of agriculture ; [of the

9-41 department of business and industry;]

9-42 (f) Dairy farms and plants which process milk and products of milk or

10-6 information from the division of minerals of the [department of business

10-7 and industry] commission on mineral resources that there is in the county

10-8 a dangerous condition that results from mining practices which took place

10-9 at a mine that is no longer operating, if the information identifies a person

10-10 responsible for the condition, the board shall transmit this information to

10-11 the sheriff or the constable of the township where the condition exists.

10-12 2. Upon receipt of information pursuant to subsection 1 or upon the

10-13 filing of the notice, as provided for in NRS 455.020, the sheriff or

10-14 constable shall serve a notice, in the same manner and form as a summons,

10-18 been abandoned, and no person claims the ownership thereof, the sheriff or

10-19 constable shall notify the board of county commissioners of the county, or

10-20 any member of the board of county commissioners, of its location. Upon

10-21 receipt of [this] the notice, or of information from the division of minerals

10-22 of the [department of business and industry] commission on mineral

10-23 resources that there is in the county a dangerous condition resulting from

10-24 mining practices which took place at a mine that is no longer operating, if

10-25 the information does not identify any person responsible for the dangerous

10-26 condition, the board shall, as soon as possible thereafter, decide whether it

10-27 should be [so] fenced or otherwise guarded [as] to prevent accidents to

10-28 persons or animals.

10-29 2. All expenses thus incurred must be paid first out of the judgments

10-30 collected in accordance with the provisions of NRS 455.010 to 455.180,

10-34 department shall provide suitable distinguishing license plates for exempt

10-35 vehicles. These plates must be displayed on the vehicles in the same

10-36 manner as provided for privately owned vehicles. The fee for the issuance

10-37 of the plates is $5. Any license plates authorized by this section must be

10-38 immediately returned to the department when the vehicle for which they

10-39 were issued ceases to be used exclusively for the purpose for which it was

10-40 exempted from the privilege tax.

10-41 2. License plates furnished for:

10-42 (a) Those vehicles which are maintained for and used by the governor

12-9 to report to him as soon as practicable any reasonable suspicion that a

12-10 communicable disease may be present in wildlife in Nevada. The

12-11 administrator shall, as soon as possible, inform the [administrator] director

12-12 of the [division] state department of agriculture [of the department of

12-13 business and industry] of any reasonable suspicion [so] reported to him.

12-14 Any sample collected by the personnel of the division in evaluating such a

12-15 suspicion must be forwarded to the [administrator] director of the

12-19 means of traps, snares or any other devices which do not, or are not

12-20 designed to, cause immediate death to the mammals, shall, [when] if the

12-21 traps, snares or devices are placed or set [for the purpose of taking] to take

12-22 mammals, visit or cause to be visited at least once each 96 hours each trap,

12-23 snare or other device during all of the time the trap, snare or device is

12-24 placed, set or used [in the taking of] to take wild mammals, and remove

12-25 therefrom any mammals caught therein.

12-26 2. The provisions [in] of subsection 1 do not apply to employees of the

12-27 [division] state department of agriculture [of the department of business

12-28 and industry] or the United States Department of Agriculture when acting

12-38 1. "Administrator" means the administrator of the division.

12-39 2. "Commission" means the commission on mineral resources.

12-40 3. "Division" means the division of minerals of the [department of

13-3 1. Keep itself informed of and interested in the entire field of

13-4 legislation and administration charged to the [department.] division.

13-5 2. Report to the governor and the legislature on all matters which it

13-6 may deem pertinent to the [department,] division, and concerning any

13-7 specific matters previously requested by the governor.

13-8 3. Advise and make recommendations to the governor and the

13-9 legislature concerning the policy of this state relating to minerals.

13-10 4. Formulate the administrative policies of the [department and its

13-11 various divisions.] division.

13-12 5. Adopt regulations necessary for carrying out the duties of the

13-16 administrator, who must be appointed by the [director of the department of

13-17 business and industry from a list of three nominees selected by the]

13-18 commission.

13-19 2. The administrator of the division:

13-20 (a) Must be a graduate of an accredited college or university and have

13-21 substantial experience as an administrator or at least 5 years’ experience in

13-22 the exploration for or the production or conservation of minerals.

13-23 (b) Is in the unclassified service of the state.

13-24 (c) Except as otherwise provided in NRS 284.143, shall devote his

13-25 entire time and attention to his duties as a public officer and shall not

13-29 commission for each claim , is imposed upon all filings to which NRS

13-30 517.185 applies. Each county recorder shall collect and pay over the

13-31 additional fee, and the additional fee must be deposited in the same manner

13-32 as provided in that section.

13-33 2. The administrator shall, within the limits of the money provided by

13-34 this fee, establish a program to discover dangerous conditions that result

13-35 from mining practices which took place at a mine that is no longer

13-36 operating, identify if feasible the owner or other person responsible for the

13-37 condition, and rank the conditions found in descending order of danger.

13-38 [He] The administrator shall annually during the month of January, or

13-39 more often if the danger discovered warrants, inform each board of county

13-40 commissioners concerning the dangerous conditions found in the

13-41 respective counties, including their degree of danger relative to one

13-42 another and to [such] those conditions found in the state as a whole. [He]

14-25 locator of a lode mining claim shall prepare two copies of a map of the

14-26 claim on a scale of not less than 500 feet to the inch, which sets forth the

14-27 position of the monuments in relation to each other and establishes

14-28 numbers of the boundary monuments. [Where] If the land has been

14-29 surveyed by the United States, the description must be connected by

14-30 courses and distances to an official corner of the public land survey.

14-31 [Where] If the land has not been surveyed by the United States or [where]

14-32 if official corners cannot be found through the exercise of due diligence,

14-33 the description must be tied by courses and distance to a natural landmark

14-34 or a readily identifiable artificial landmark which is customarily shown on

14-35 a map, including, without limitation, a bench mark or the point at which

14-36 two roads intersect. The description must also state the township and

14-37 range, and [where] if the lands are surveyed lands, the quarter section and

14-38 section in which the landmark and the mining claim are situated. The

14-39 locator [need not] is not required to employ a professional surveyor or

14-40 engineer, but each locator shall prepare a map which is in accordance with

14-41 his abilities to map and properly set forth the boundaries and location of

14-42 his claim. The size of each sheet must be [either] 8 1/2 by 14 inches or 24

15-26 claim, the locator shall : [perform the following:]

15-27 1. Prepare two copies of a map of the claim which must be of a scale

15-28 of not less than 500 feet to the inch. [Where] If the United States survey

15-29 has been extended over the land embraced in the location, the claim may

15-30 be taken and described on the map by legal subdivisions as provided in

15-31 NRS 517.090. [Where] If the land has not been surveyed by the United

15-32 States or [where] if official corners cannot be found through the exercise of

15-33 due diligence, the map must set forth the position of the monuments in

15-34 relation to each other [,] and establish numbers of monuments, and the

15-35 descriptions must be tied to a natural landmark or a readily identifiable

15-36 artificial landmark as provided in NRS 517.040.

15-37 2. File the maps with the county recorder in the county in which the

15-38 claim is located together with a filing fee of $1 per acre. One-half of the

15-39 filing fee must be [utilized] used by the county to establish and maintain,

15-40 in accordance with the regulations of the division , [of minerals of the

15-41 department of business and industry,] a map of the mining claims in the

16-6 517.050, 517.080, 517.110, 517.140, 517.170, 517.200 and 517.230 must

16-7 be submitted with a fee [of $1.50 per claim.] for each claim that is

16-8 established by the commission on mineral resources. The county recorder

16-9 shall collect the fee and, on or before the fifth working day of each month,

16-10 deposit with the county treasurer all such fees collected during the

16-11 preceding month. The county treasurer shall quarterly pay the money

16-12 collected to the division . [of minerals of the department of business and

16-13 industry.] The division shall deposit with the state treasurer, for credit to

16-14 the account for the division of minerals [,] created pursuant to NRS

16-18 1. Administer and enforce the provisions of NRS 519A.010 to

16-19 519A.280, inclusive, and the regulations adopted by the commission

16-20 pursuant to NRS 519A.160.

16-21 2. Employ persons who are experienced and qualified in the area of

16-22 reclamation.

16-23 3. Enter into a memorandum of understanding with [both] the United

16-24 States Bureau of Land Management and the United States Forest Service

16-25 concerning the adoption by those agencies of plans of reclamation that:

16-26 (a) Apply to mining operations or exploration projects that are

16-27 conducted on a site which includes [both] public land administered by a

16-28 federal agency and privately owned land; and

16-29 (b) Substantially provide for the reclamation and security required by

16-30 this chapter.

16-31 4. Develop and offer to operators on a regular basis educational

16-32 workshops that include and emphasize reclamation training and techniques

16-33 suitable for small exploration projects and mining operations.

16-34 5. Offer advice and technical assistance to operators.

16-35 6. Approve, reject or impose conditions upon the approval of any plan

16-36 for reclamation for an exploration project or mining operation.

16-37 7. Provide the division of minerals of the [department of business and

16-38 industry] commission on mineral resources with a copy of any conditions

16-39 imposed upon an approved plan and the security required, on the same day

17-3 1. File with the division, upon a form approved by it, an application

17-4 for a permit for each location at which he will conduct operations. The

17-5 application must include:

17-6 (a) The name and address of the applicant and, if a corporation or other

17-7 business entity, the name and address of its principal officers and its

17-8 resident agent for service of process;

17-9 (b) A completed checklist developed by the division pursuant to NRS

17-10 519A.220; and

17-11 (c) Any other information required by the regulations adopted by the

17-12 commission pursuant to NRS 519A.160.

17-13 2. Pay to the division the application fee established in the regulations

17-14 adopted by the commission pursuant to NRS 519A.160.

17-15 3. Agree in writing to assume responsibility for the reclamation of any

17-16 land damaged as a result of the mining operation.

17-17 4. Not be in default of any other obligation relating to reclamation

17-18 pursuant to this chapter.

17-19 5. File with the division a bond or other surety in a form and amount

17-20 required by the regulations adopted by the commission pursuant to NRS

17-21 519A.160.

17-22 6. File with the division of minerals of the [department of business and

17-23 industry] commission on mineral resources a copy of the plan for

17-24 reclamation which is filed with the application pursuant to subsection 1, on

17-28 plan of operation or an amended plan of operation with the United States

17-29 Bureau of Land Management or the United States Forest Service for

17-30 operations relating to mining or exploration on public land administered by

17-31 a federal agency, shall, not later than 30 days after the approval of the plan

17-32 or amended plan, provide the division of minerals of the [department of

17-33 business and industry] commission on mineral resources with a copy of

17-34 the filing and pay to the division of minerals a fee [of $20] established by

17-35 the commission on mineral resources for each acre or part of an acre of

17-36 land to be disturbed by mining included in the plan or incremental acres to

17-37 be disturbed pursuant to an amended plan.

17-38 2. The division of minerals shall adopt by regulation a method of

17-39 refunding a portion of the fee required by this section if a plan of operation

17-40 is amended to reduce the number of acres or part of an acre to be disturbed

17-41 pursuant to the amended plan. The refund must be based on the reduced

18-17 and industry] commission on mineral resources shall develop and

18-18 administer a program providing for the pooling of reclamation

18-19 performance bonds to assist:

18-20 (a) An operator to comply with the bonding and surety requirements of

18-21 this chapter;

18-22 (b) A person who engages in small mining operations or small

18-23 exploration projects to comply with the requirements for financial

18-24 guarantees set forth in the regulations adopted pursuant to 43 U.S.C. §

18-25 1740; or

18-26 (c) A person who engages in mining operations, small mining

18-27 operations, exploration projects or small exploration projects to comply

18-28 with the bonding requirements imposed pursuant to an ordinance adopted

18-29 by a county in this state.

18-30 2. The program must:

18-31 (a) Be designed to reduce the financial burden of obtaining a

18-32 reclamation performance bond for mining operations, small mining

18-33 operations, exploration projects or small exploration projects;

18-34 (b) Require each operator or any other person who participates in the

18-35 program to:

18-36 (1) Pay an amount into the pool each year which annually is

18-37 actuarially determined to enable the program to be self-sustaining;

18-38 (2) Execute an agreement of indemnity on a form provided by the

18-39 division of minerals; and

18-40 (3) Provide collateral or other security approved by the administrator

18-41 of the division of minerals if the administrator considers it necessary to

19-18 notify the division of that intent on a form prescribed by the division and

19-19 shall pay a fee [of $50] established by the commission on mineral

19-20 resources for a permit for each well. Upon receipt of the notification and

19-21 fee, the division shall promptly issue [such a] to the person a permit to

19-22 drill, unless the drilling of the well is contrary to law or a regulation or

19-23 order of the division. The drilling of a well is prohibited until a permit to

19-27 with the Interstate Oil Compact Commission must be paid from the

19-28 account for the division of minerals [.] created pursuant to NRS 513.103.

19-29 2. To pay the expenses of the division, every producer of oil or natural

19-30 gas in this state shall , on or before the last day of each month , report to

19-31 the division and [to] the state treasurer his production in this state of oil in

19-32 barrels and of natural gas in thousands of cubic feet during the preceding

19-33 month, and at the same time shall pay to the division [an administrative fee

19-34 on] a fee established by the commission on mineral resources for each

19-35 barrel of oil and [on every] each 50,000 cubic feet of natural gas produced

19-36 and marketed by him during the preceding month. The division shall

19-37 deposit with the state treasurer, for credit to the account for the division of

19-38 minerals, all money received pursuant to this subsection. Every person

19-39 purchasing such oil or natural gas is liable for the payment of the

19-40 [administrative fee per] fee for each barrel of oil or [per] each 50,000

19-41 cubic feet of natural gas, unless it has been paid by the producer. [The

19-42 administrative fee is 50 mills per barrel of oil or per 50,000 cubic feet of

20-3 the state department of conservation and natural resources, may:

20-4 1. Cooperate with the United States or any agency thereof, agencies of

20-5 the state, county or municipal governments, agencies of neighboring states

20-6 or other public or private organizations or persons.

20-7 2. [Utilize] Use when available personnel, control equipment, supplies

20-8 or services of the [division] state department of agriculture , [of the

20-9 department of business and industry,] and accept money, equipment,

20-10 supplies or services, including prison labor, from other cooperators as he

20-11 may deem appropriate.

20-12 3. Enter into agreements with the United States or its agencies for the

20-13 matching of federal money as required under the laws of the United States

20-17 obtained as a result of a geothermal project must be filed with the division

20-18 of minerals of the [department of business and industry] commission on

20-19 mineral resources within 30 days after it is accumulated. The information

20-20 is confidential for [a period of] 5 years after the date of filing and may not

20-21 be disclosed during that time without the express written consent of the

20-22 operator of the project, except that it must be made available by the

20-23 division to the state engineer or any other agency of the state upon request.

20-27 well or drill an exploratory well without [first] obtaining a permit from the

20-28 administrator of the division of minerals of the [department of business and

20-29 industry] commission on mineral resources and complying with the

20-30 conditions of the permit.

20-31 2. An application must [contain] set forth such information as the

20-35 [department of business and industry] commission on mineral resources

20-36 shall approve or reject an application for a permit to drill an exploratory

20-37 well within 10 days after he receives the application in proper form. [Such

20-38 a] The permit must not be effective for more than 2 years, but may be

20-39 extended by the administrator.

20-40 2. Upon receipt of an application for a permit to drill or operate a

20-41 geothermal well, the administrator of the division of minerals shall

20-42 transmit copies of the application to the state engineer, the administrator of

21-28 organized as provided in NRS 547.040, the secretary of the board shall

21-29 report such classification and organization to:

21-30 1. The [division] state department of agriculture ; [of the department

21-31 of business and industry;] and

21-35 state conservation commission:

21-36 (a) The dean of the Max C. Fleischmann College of Agriculture of the

21-37 University of Nevada, Reno.

21-38 (b) The [administrator] director of the [division] state department of

21-39 agriculture . [of the department of business and industry.]

21-40 2. The ex officio members may appoint, in writing, alternates to attend

21-41 any meeting of the commission. Ex officio members or their alternates

22-10 the words and terms defined in NRS [552.08505] 552.0851 to 552.0863,

22-11 inclusive, and sections 41 and 42 of this act have the meanings ascribed to

22-18 pertaining to the apiary industry.

22-19 2. The [administrator] director may adopt such regulations as are

22-20 necessary to carry out the provisions of this chapter.

22-21 3. The [administrator] director may, after notice and an opportunity

22-22 for a hearing, impose a civil penalty of not more than $500 for each

22-23 violation of this chapter.

22-24 4. Any civil penalty collected pursuant to this section must be

22-28 apiary located within this state shall, on or before May 1 of each year, and

22-29 within 10 days after obtaining possession of an apiary, apply to the

22-30 [division] department for registration, stating the number of colonies

22-31 therein and the location thereof.

22-32 2. The application must be accompanied by a registration fee of $5.

22-33 3. If the beekeeper owns or possesses 11 or more colonies, the

22-34 application must also be accompanied by the annual fee for each colony in

22-35 excess of 10.

22-36 4. The fees imposed by this section must be paid within 30 days after

22-37 May 1 or within 30 days after obtaining possession of the colonies. The

22-38 penalty for late payment is 50 percent of the amount due.

22-39 5. Upon receipt of the application and the required fees, the [division]

22-40 department shall issue a registration number to the beekeeper. The number

22-41 must be displayed in a conspicuous place in the apiary.

22-42 6. It is unlawful for any person to maintain or locate an apiary within

23-5 bees shall pay to the [division] department an annual fee for each colony

23-6 in excess of 10. The state board of agriculture shall set the amount of the

23-7 fee, which may not exceed $1 per colony, after consultation with

23-11 any or all apiaries and all buildings used in connection with [such] those

23-12 apiaries in any district or districts of the state annually, or [oftener] more

23-13 often if deemed necessary, or upon report to it that there is a reason to

23-14 believe that any apiary [or apiaries] may be infected with any disease, or

23-15 that any honey, honeycombs or beeswax [are] is exposed to robber bees.

23-16 2. If [such] the inspection discloses any disease, the [division]

23-17 department may:

23-18 (a) Order the owner or any person in possession of the apiary to destroy

23-19 the diseased bees, hives and appliances at the expense of the owner;

23-20 (b) Order the owner or any person in possession of the apiary to treat

23-21 the hives and appliances at the expense of the owner, if, in the opinion of

23-22 the inspector, the nuisance can be abated by treatment rather than

23-23 destruction; or

23-24 (c) Proclaim a quarantine in accordance with the provisions of chapter

23-25 554 of NRS.

23-26 3. If inspection discloses the existence of American foulbrood, the

23-27 order for destruction or treatment must require compliance within not less

23-28 than 24 hours nor more than 72 hours. Any other order must specify a

23-29 reasonable time with reference to the nature of the disease.

23-30 4. If [such] the inspection discloses honey, honeycombs or beeswax

23-31 exposed to robber bees, the [division] department may order the abatement

23-32 of [such] the nuisance in a manner appropriate to the circumstances.

23-33 5. The order must be served upon the owner or person in possession of

23-34 the apiary personally or by registered or certified mail, or, if [such] the

23-35 person cannot be located, by posting the order in a conspicuous place at the

23-39 refuses to comply with an order issued under NRS 552.160, the [division]

23-40 department may refer the facts to the appropriate district attorney for

23-41 prosecution under NRS [552.310,] 552.300, and may authorize the

23-42 inspector or other agent to abate the nuisance by the method prescribed in

24-3 manner [whatever] from any point within the State of Nevada or otherwise

24-4 any established apiary, bees, hives, combs [,] or any other used apiary

24-5 supplies, and set up, establish or deposit them at any point in the State of

24-6 Nevada without first obtaining a temporary or seasonal written permit from

24-7 the [division] department to do so.

24-8 2. The [division] department shall issue a temporary or seasonal

24-9 permit only after the apiary, bees, hives, combs [,] or other used apiary

24-10 supplies to be moved are free from any disease liable to injure any

24-11 [already] established apiary.

24-12 3. It is unlawful for any person having a seasonal permit to transport

24-13 or move bees anywhere within the State of Nevada unless he files with the

24-14 [division,] department, within 5 days after the date of moving, a statement

24-15 of the number of colonies of bees which have been moved and the number

24-16 of colonies of bees which have been left at the point of origin, stating the

24-17 definite point both of origin and destination to which such bees have been

24-18 moved.

24-19 4. If any emergency requires the immediate removal of bees, the

24-20 owner shall notify the [division] department of the emergency and secure

24-21 permission for moving, but if [verbal] oral permission is requested and

24-22 obtained , the applicant shall further file a written request within 5 days

24-23 after the date of moving as provided in subsection 3.

24-24 5. [Whenever the division] If the department finds that American

24-25 foulbrood disease exists in more than 1 percent of the colonies in any

24-26 apiary of 100 or more colonies, or in one or more colonies in any apiary of

24-27 less than 100 colonies, it shall quarantine the apiary, giving notice thereof

24-28 to the owner or bailee and posting a copy of the notice in a conspicuous

24-29 place in the apiary.

24-30 6. When any such notice has been given as provided in subsection 5, it

24-31 is unlawful, except as otherwise provided in NRS 552.280, to move the

24-32 apiary, or any part thereof, or any other bee equipment from the location

24-33 until the disease has been eradicated.

24-34 7. When , in the opinion of the [division] department, the disease has

24-35 been eradicated, [it] the department shall issue a permit releasing the

24-39 service is found by the [division] department to warrant such action:

24-40 1. Establish standards of colony strength based upon:

24-41 (a) The number of bees per hive;

24-42 (b) The number of cells containing brood per hive;

25-10 bees, used beehives, honeycombs or appliances, except queens or bees in

25-11 screened cages without comb, unless he first obtains a permit for entry

25-12 issued by the [division.] department.

25-13 2. The [division] department may issue a permit for the importation of

25-14 bees on comb and hives containing comb into this state from another state

25-15 if the applicant:

25-16 (a) Submits an application, on a form supplied by the [division,]

25-17 department, stating:

25-18 (1) The name, address and telephone number of the owner or shipper

25-19 and the state and county of origin.

25-20 (2) The address and telephone number of the owner or shipper in this

25-21 state, if applicable.

25-22 (3) The number of colonies containing bees and a complete listing of

25-23 all beekeeping equipment and appliances to be brought into this state.

25-24 (4) A legal description and the exact geographical location of the site

25-25 for each apiary at its destination in this state.

25-26 (b) Except as otherwise provided in subsection 3 and in NRS 552.214,

25-27 submits with the application, a certificate of inspection from an authorized

25-28 officer of the state of origin certifying:

25-29 (1) That all bees intended for shipment and owned or controlled by

25-30 the applicant have been inspected within 60 days before shipment and at a

25-31 time when the bees are actively rearing their brood.

25-32 (2) That 1 percent or less of American foulbrood disease has been

25-33 found during the preceding 2 years in any apiaries intended for shipment

25-34 by the applicant, and that all disease found during that period has been

25-35 destroyed.

25-36 (3) The date on which the last inspection of the apiaries, bees, comb

25-37 and used hives and equipment was made at their place of origin.

25-38 (4) The total number of colonies in the apiary at the time of the

25-39 inspection and the number of colonies found to be diseased.

25-40 (5) The total number of colonies of bees, hives, used equipment and

25-41 appliances to be shipped into this state.

25-42 (6) The shipper’s full name, the name under which he is doing