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

February 4, 1999

____________

Joint Sponsors: Senators Rhoads and McGinness

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Referred to Committee on Natural Resources, Agriculture, and Mining

 

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

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

~

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

 

AN ACT relating to state government; reestablishing the state department of agriculture; requiring the commission on mineral resources to establish fees for the production of certain oil and gas and for filing certain documents and issuing certain permits to drill wells; and providing other matters properly relating thereto.

 

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

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

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

1-3 created.

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

1-5 (a) Consumer affairs division.

1-6 (b) Division of financial institutions.

1-7 (c) Housing division.

1-8 (d) Manufactured housing division.

1-9 (e) Real estate division.

1-10 (f) Division of unclaimed property.

1-11 (g) [Division of agriculture.

1-12 (h) Division of minerals.

1-13 (i)] Division of insurance.

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

2-1 [(k)] (i) Office of labor commissioner.

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

2-3 [(m)] (k) Nevada athletic commission.

2-4 [(n)] (l) Office of the Nevada attorney for injured workers.

2-5 [(o) State predatory animal and rodent committee.

2-6 (p)] (m) Transportation services authority.

2-7 [(q)] (n) Any other office, commission, board, agency or entity created

2-8 or placed within the department pursuant to a specific statute, the budget

2-9 approved by the legislature or an executive order, or an entity whose

2-10 budget or activities have been placed within the control of the department

2-11 by a specific statute.

2-12 Sec. 2. NRS 232.520 is hereby amended to read as follows:

2-13 232.520 The director:

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 commissioner

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

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

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

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

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

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

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

2-30 the division of minerals, the chief of the division of] insurance is the

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

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

2-33 industrial relations, the chief of the office of labor commissioner is the

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

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

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

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

2-38 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

2-43 staff of any division or other entity of the department for the purpose of

3-1 budget administration or for carrying out any duty or exercising any power

3-2 necessary to fulfill the responsibilities of the director pursuant to this

3-3 subsection. [Nothing contained in] The provisions of this subsection [may

3-4 be construed as allowing] do not authorize the director to preempt any

3-5 authority or jurisdiction granted by statute to any division or other entity

3-6 within the department or [as allowing] authorize the director to act or take

3-7 on a function that would [be in contravention of] contravene a rule of court

3-8 or a statute.

3-9 3. [Has authority to:] May:

3-10 (a) Establish uniform policies for the department, consistent with the

3-11 policies and statutory responsibilities and duties of the divisions and other

3-12 entities within the department, relating to matters concerning budgeting,

3-13 accounting, planning, program development, personnel, information

3-14 services, dispute resolution, travel, workplace safety, the acceptance of gifts

3-15 or donations, the management of records and any other subject for which a

3-16 uniform departmental policy is necessary to ensure the efficient operation

3-17 of the department.

3-18 (b) Provide coordination among the divisions and other entities within

3-19 the department, in a manner which does not encroach upon their statutory

3-20 powers and duties, as they adopt and enforce regulations, execute

3-21 agreements, purchase goods, services or equipment, prepare legislative

3-22 requests and lease or [utilize] use office space.

3-23 (c) Define the responsibilities of any person designated to carry out the

3-24 duties of the director relating to financing, industrial development or

3-25 business support services.

3-26 4. May, within the limits of the financial resources made available to

3-27 him, promote, participate in the operation of, and create or cause to be

3-28 created, any nonprofit corporation, pursuant to chapter 82 of NRS, which

3-29 he determines is necessary or convenient for the exercise of the powers and

3-30 duties of the department. The purposes, powers and operation of the

3-31 corporation must be consistent with the purposes, powers and duties of the

3-32 department.

3-33 5. For any bonds which he is otherwise authorized to issue, may issue

3-34 bonds the interest on which is not exempt from federal income tax or

3-35 excluded from gross revenue for the purposes of federal income tax.

3-36 6. May, except as otherwise provided by specific statute, adopt by

3-37 regulation a schedule of fees and deposits to be charged in connection with

3-38 the programs administered by him pursuant to chapters 348A and 349 of

3-39 NRS. Except as [so] otherwise provided, the amount of any such fee or

3-40 deposit must not exceed 2 percent of the principal amount of the financing.

3-41 7. May designate any person within the department to perform any of

3-42 the duties or responsibilities, or exercise any of the authority, of the

3-43 director on his behalf.

4-1 8. May negotiate and execute agreements with public or private entities

4-2 which are necessary to the exercise of the powers and duties of the director

4-3 or the department.

4-4 9. May establish a trust account in the state treasury for [the purpose

4-5 of] depositing and accounting for money that is held in escrow or is on

4-6 deposit with the department for the payment of any direct expenses

4-7 incurred by the director in connection with any bond programs

4-8 administered by the director. The interest and income earned on money in

4-9 the trust account, less any amount deducted to pay for applicable charges,

4-10 must be credited to the trust account. Any balance remaining in the account

4-11 at the end of a fiscal year may be:

4-12 (a) Carried forward to the next fiscal year for use in covering the

4-13 expense for which it was originally received; or

4-14 (b) Returned to any person entitled thereto in accordance with

4-15 agreements or regulations of the director [pertaining to such] relating to

4-16 those bond programs.

4-17 Sec. 3. NRS 235.012 is hereby amended to read as follows:

4-18 235.012 1. The director, after consulting with the executive director

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

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

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

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

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

4-24 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

4-35 in NRS 333.310 and comply with the provisions of NRS 333.330.

4-36 Sec. 4. NRS 235.014 is hereby amended to read as follows:

4-37 235.014 1. The ore used to produce a medallion or bar must be

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

4-42 may be approved by the director with the concurrence of the interim

5-1 finance committee. The degree of fineness of the materials used must be

5-2 clearly indicated on each medallion.

5-3 2. Medallions may be minted in weights of 1 ounce, 0.5 ounce, 0.25

5-4 ounce and 0.1 ounce.

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

5-6 100 ounces.

5-7 4. Each medallion must bear on its obverse The Great Seal of the State

5-8 of Nevada and on its reverse a design selected by the director, in

5-9 consultation with the executive director of the commission on tourism, the

5-10 administrator of the division of museums and history of the department of

5-11 museums, library and arts and the administrator of the division of minerals

5-12 of the [department of business and industry.] commission on mineral

5-13 resources.

5-14 Sec. 5. NRS 235.016 is hereby amended to read as follows:

5-15 235.016 1. The director shall set and collect a royalty for the use of

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

5-30 industry] created pursuant to NRS 513.103.

5-31 Sec. 6. NRS 244.327 is hereby amended to read as follows:

5-32 244.327 The [board] boards of county commissioners [have power and

5-33 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

5-38 department of agriculture pursuant to the provisions of NRS 561.255.

5-39 Sec. 7. NRS 244.361 is hereby amended to read as follows:

5-40 244.361 1. Except as otherwise provided in subsection 3, the boards

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]

5-43 regulate, control and prohibit, as a public nuisance, the excessive emission

6-1 of dense smoke and air pollution caused by excessive soot, cinders, fly ash,

6-2 dust, noxious acids, fumes and gases within the boundaries of the county.

6-3 2. If an ordinance adopted pursuant to subsection 1 involves or affects

6-4 agricultural operations, any plan or program to [effectuate] carry out that

6-5 ordinance must allow for customarily accepted agricultural practices to

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

6-7 adoption of such a plan or program shall consult with the [division] state

6-8 department of agriculture [of the department of business and industry] or

6-9 local conservation districts to determine [what] the customarily accepted

6-10 agricultural practices that may be affected by the proposed plan or

6-11 program.

6-12 3. [No] An existing compliance schedule, variance order or other

6-13 enforcement action relating to air pollution by fossil fuel-fired steam

6-14 generating facilities, with a capacity greater than 1,000 megawatts, may not

6-15 be enforced until July 1, 1977.

6-16 Sec. 8. NRS 268.410 is hereby amended to read as follows:

6-17 268.410 1. Except as otherwise provided in subsection 3, and in

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 not

6-38 be enforced until July 1, 1977.

6-39 Sec. 9. NRS 289.290 is hereby amended to read as follows:

6-40 289.290 1. A person designated by the [administrator] director of the

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

6-43 NRS 561.225 has the powers of a peace [officers] officer to make

7-1 investigations and arrests and to execute warrants of search and seizure,

7-2 and may temporarily stop the movement of livestock and carcasses for

7-3 [purposes] the purpose of inspection.

7-4 2. An inspector of the state board of sheep commissioners and his

7-5 deputies have the powers of a peace officer.

7-6 3. An officer appointed by the Nevada junior livestock show board

7-7 pursuant to NRS 563.120 has the powers of a peace officer for the

7-8 preservation of order and peace on the grounds and in the buildings and the

7-9 approaches thereto of the livestock shows and exhibitions that the board

7-10 conducts.

7-11 4. In carrying out the provisions of chapter 565 of NRS, an inspector of

7-12 the [division] state department of agriculture has the powers of a peace

7-13 officer to make investigations and arrests and to execute warrants of search

7-14 and seizure. [This subsection does] The provisions of this subsection do

7-15 not authorize any inspector to retire under the public employees’ retirement

7-16 system before having attained the minimum service age of 60 years.

7-17 Sec. 10. NRS 321.5967 is hereby amended to read as follows:

7-18 321.5967 1. There is hereby created a board of review composed of:

7-19 (a) The director of the state department of conservation and natural

7-20 resources;

7-21 (b) The administrator of the division of environmental protection of the

7-22 state department of conservation and natural resources;

7-23 (c) The administrator of the division of minerals of the [department of

7-24 business and industry;] commission on mineral resources;

7-25 (d) The administrator of the division of state parks of the state

7-26 department of conservation and natural resources;

7-27 (e) The state engineer;

7-28 (f) The state forester firewarden;

7-29 (g) The chairman of the state environmental commission;

7-30 (h) The [administrator] director of the [division] state department of

7-31 agriculture ; [of the department of business and industry;]

7-32 (i) The chairman of the board of wildlife commissioners; and

7-33 (j) The administrator of the office of historic preservation of the

7-34 department of museums, library and arts.

7-35 2. The chairman of the state environmental commission [shall serve]

7-36 serves as chairman of the board.

7-37 3. The board shall meet at such times and places as are specified by a

7-38 call of the chairman. Six members of the board constitute a quorum. The

7-39 affirmative vote of a majority of the board members present is sufficient for

7-40 any action of the board.

7-41 4. Except as otherwise provided in this subsection, the members of the

7-42 board serve without compensation. The chairman of the state environmental

7-43 commission and the chairman of the board of wildlife commissioners are

8-1 entitled to receive a salary of not more than $80, as fixed by the board, for

8-2 each day’s attendance at a meeting of the board.

8-3 5. While engaged in the business of the board, each member and

8-4 employee of the board is entitled to receive the per diem allowance and

8-5 travel expenses provided for state officers and employees generally.

8-6 6. The board:

8-7 (a) Shall review and approve or disapprove all regulations proposed by

8-8 the state land registrar pursuant to NRS 321.597.

8-9 (b) May review any decision of the state land registrar made pursuant to

8-10 NRS 321.596 to 321.599, inclusive, if an appeal is taken pursuant to NRS

8-11 321.5987, and affirm, modify or reverse the decision.

8-12 (c) Shall review any plan or statement of policy concerning the use of

8-13 lands in Nevada under federal management which is submitted by the state

8-14 land use planning agency.

8-15 Sec. 11. NRS 445B.200 is hereby amended to read as follows:

8-16 445B.200 1. The state environmental commission is hereby created

8-17 [in] within the state department of conservation and natural resources. The

8-18 commission consists of:

8-19 (a) The administrator of the division of wildlife of the department;

8-20 (b) The state forester firewarden;

8-21 (c) The state engineer;

8-22 (d) The [administrator] director of the [division] state department of

8-23 agriculture ; [of the department of business and industry;]

8-24 (e) The administrator of the division of minerals of the [department of

8-25 business and industry;] commission on mineral resources;

8-26 (f) A member of the state board of health to be designated by that board;

8-27 and

8-28 (g) Five members appointed by the governor, one of whom is a general

8-29 engineering contractor or a general building contractor licensed pursuant to

8-30 chapter 624 of NRS and one of whom possesses expertise in performing

8-31 mining reclamation.

8-32 2. The governor shall appoint the chairman of the commission from

8-33 among the members [.] of the commission.

8-34 3. A majority of the members constitutes a quorum , and a majority of

8-35 those present must concur in any decision.

8-36 4. Each member who is appointed by the governor is entitled to receive

8-37 a salary of not more than $80, as fixed by the commission, for each day’s

8-38 attendance at a meeting of the commission.

8-39 5. While engaged in the business of the commission, each member and

8-40 employee of the commission is entitled to receive the per diem allowance

8-41 and travel expenses provided for state officers and employees generally.

8-42 6. Any person who receives or has received during the previous 2 years

8-43 [received] a significant portion of his income, as defined by any applicable

9-1 state or federal law, directly or indirectly from one or more holders of or

9-2 applicants for a permit required by NRS 445A.300 to 445A.730, inclusive,

9-3 is disqualified from serving as a member of the commission. [This

9-4 subsection does] The provisions of this subsection do not apply to any

9-5 person who receives or has received during the previous 2 years, a

9-6 significant portion of his income from any department or agency of state

9-7 government which is a holder of or an applicant for a permit required by

9-8 NRS 445A.300 to 445A.730, inclusive.

9-9 7. The state department of conservation and natural resources shall

9-10 provide technical advice, support and assistance to the commission. All

9-11 state officers, departments, commissions and agencies, including the

9-12 department of transportation, the department of human resources, the

9-13 University and Community College System of Nevada, the state public

9-14 works board, the department of motor vehicles and public safety, the public

9-15 utilities commission of Nevada, the transportation services authority and

9-16 the [division] state department of agriculture [of the department of

9-17 business and industry] may also provide technical advice, support and

9-18 assistance to the commission.

9-19 Sec. 12. NRS 446.020 is hereby amended to read as follows:

9-20 446.020 1. Except as otherwise limited by subsection 2, "food

9-21 establishment" means any place, structure, premises, vehicle or vessel, or

9-22 any part thereof, in which any food intended for ultimate human

9-23 consumption is manufactured or prepared by any manner or means

9-24 whatever, or in which any food is sold, offered or displayed for sale or

9-25 served.

9-26 2. The term does not include:

9-27 (a) Private homes;

9-28 (b) Fraternal or social clubhouses at which attendance is limited to

9-29 members of the club;

9-30 (c) Vehicles operated by common carriers engaged in interstate

9-31 commerce;

9-32 (d) Any establishment in which religious, charitable and other nonprofit

9-33 organizations sell food occasionally to raise money or in which charitable

9-34 organizations receive salvaged food in bulk quantities for free distribution,

9-35 unless the establishment is open on a regular basis to sell food to members

9-36 of the general public;

9-37 (e) Any establishment where animals are slaughtered which is regulated

9-38 and inspected by the [division] state department of agriculture ; [of the

9-39 department of business and industry;]

9-40 (f) Dairy farms and plants which process milk and products of milk or

9-41 frozen desserts which are regulated under chapter 584 of NRS; or

10-1 (g) The premises of a wholesale dealer of alcoholic beverages licensed

10-2 under chapter 369 of NRS who handles only those beverages which are in

10-3 sealed containers.

10-4 Sec. 13. NRS 455.030 is hereby amended to read as follows:

10-5 455.030 1. [Whenever] If a board of county commissioners receives

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,

10-15 upon each person identified as owner or otherwise responsible.

10-16 Sec. 14. NRS 455.060 is hereby amended to read as follows:

10-17 455.060 1. If the notice states that the excavation, shaft or hole has

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,

10-31 inclusive, in the same manner as other county expenses.

10-32 Sec. 15. NRS 482.368 is hereby amended to read as follows:

10-33 482.368 1. Except as otherwise provided in subsection 2, the

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 or

10-43 under the authority and direction of the chief parole and probation officer,

11-1 the state contractors’ board and auditors, the state fire marshal, the

11-2 investigation division of the department and any authorized federal law

11-3 enforcement agency or law enforcement agency from another state;

11-4 (b) One vehicle used by the department of prisons, three vehicles used

11-5 by the division of wildlife of the state department of conservation and

11-6 natural resources, two vehicles used by the Caliente youth center and four

11-7 vehicles used by the Nevada youth training center;

11-8 (c) Vehicles of a city, county or the state, if authorized by the

11-9 department for the purposes of law enforcement or work related thereto or

11-10 such other purposes as are approved upon proper application and

11-11 justification; and

11-12 (d) Vehicles maintained for and used by investigators of the following:

11-13 (1) The state gaming control board;

11-14 (2) The [division] state department of agriculture ; [of the

11-15 department of business and industry;]

11-16 (3) The attorney general;

11-17 (4) City or county juvenile officers;

11-18 (5) District attorneys’ offices;

11-19 (6) Public administrators’ offices;

11-20 (7) Public guardians’ offices;

11-21 (8) Sheriffs’ offices;

11-22 (9) Police departments in the state; and

11-23 (10) The securities division of the office of the secretary of state,

11-24 must not bear any distinguishing mark which would serve to identify the

11-25 vehicles as owned by the state, county or city. These license plates must be

11-26 issued annually for $12 per plate or, if issued in sets, per set.

11-27 3. The director may enter into agreements with departments of motor

11-28 vehicles of other states providing for exchanges of license plates of regular

11-29 series for vehicles maintained for and used by investigators of the law

11-30 enforcement agencies enumerated in paragraph (d) of subsection 2, subject

11-31 to all of the requirements imposed by that paragraph, except that the fee

11-32 required by that paragraph must not be charged.

11-33 4. Applications for the licenses must be made through the head of the

11-34 department, board, bureau, commission, school district or irrigation district,

11-35 or through the chairman of the board of county commissioners of the

11-36 county or town or through the mayor of the city, owning or controlling the

11-37 vehicles, and no plate or plates may be issued until a certificate has been

11-38 filed with the department showing that the name of the department, board,

11-39 bureau, commission, county, city, town, school district or irrigation district,

11-40 as the case may be, and the words "For Official Use Only" have been

11-41 permanently and legibly affixed to each side of the vehicle, except those

11-42 vehicles enumerated in subsection 2.

12-1 5. As used in this section, "exempt vehicle" means a vehicle exempt

12-2 from the privilege tax, except [one] a vehicle owned by the United States.

12-3 6. The department shall adopt regulations governing the use of all

12-4 license plates provided for in this section. Upon a finding by the

12-5 department of any violation of its regulations, it may revoke the violator’s

12-6 privilege of registering vehicles pursuant to this section.

12-7 Sec. 16. NRS 501.352 is hereby amended to read as follows:

12-8 501.352 The administrator shall require the personnel of the division to

12-9 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

12-16 [division] state department of agriculture as soon as practicable.

12-17 Sec. 17. NRS 503.570 is hereby amended to read as follows:

12-18 503.570 1. A person taking or causing to be taken wild mammals by

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

12-29 in their official capacities.

12-30 Sec. 18. Chapter 513 of NRS is hereby amended by adding thereto a

12-31 new section to read as follows:

12-32 The commission consists of:

12-33 1. The members of the commission appointed pursuant to NRS

12-34 513.023; and

12-35 2. The division.

12-36 Sec. 19. NRS 513.011 is hereby amended to read as follows:

12-37 513.011 As used in this chapter, unless the context requires otherwise:

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

12-41 business and industry.] commission.

13-1 Sec. 20. NRS 513.063 is hereby amended to read as follows:

13-2 513.063 The commission shall:

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

13-13 commission and the [department.] division.

13-14 Sec. 21. NRS 513.083 is hereby amended to read as follows:

13-15 513.083 1. The chief administrative officer of the division is 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

13-26 pursue any other business or occupation or hold any other office of profit.

13-27 Sec. 22. NRS 513.094 is hereby amended to read as follows:

13-28 513.094 1. An additional fee [of $1 per] , established by the

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 respective

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

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

14-1 administrator shall further work to educate the public to recognize and

14-2 avoid those hazards resulting from mining practices which took place at a

14-3 mine that is no longer operating.

14-4 3. To carry out this program and these duties, the administrator shall

14-5 employ a qualified assistant, who must be in the unclassified service of the

14-6 state and whose position is in addition to the unclassified positions

14-7 otherwise authorized in the division by statute.

14-8 4. The commission shall provide by regulation:

14-9 (a) Standards for determining [which] the conditions created by the

14-10 abandonment of a former mine or its associated works that constitute a

14-11 danger to persons or animals and for determining the relative degree of

14-12 danger. A condition whose existence violates a federal or state statute or

14-13 regulation intended to protect public health or safety is a danger [by virtue]

14-14 because of that violation.

14-15 (b) Standards for abating the kinds of dangers usually found, including,

14-16 but not limited to, standards for excluding persons and animals from

14-17 dangerous open excavations.

14-18 Sec. 23. Chapter 517 of NRS is hereby amended by adding thereto a

14-19 new section to read as follows:

14-20 As used in this chapter, unless the context otherwise requires,

14-21 "division" means the division of minerals of the commission on mineral

14-22 resources.

14-23 Sec. 24. NRS 517.040 is hereby amended to read as follows:

14-24 517.040 1. Within 90 days after posting the notice of location , the

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 numbers

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

14-29 United States, the description must be connected by courses and distances

14-30 to an official corner of the public land survey. [Where] If the land has not

14-31 been surveyed by the United States or [where] if official corners cannot be

14-32 found through the exercise of due diligence, the description must be tied by

14-33 courses and distance to a natural landmark or a readily identifiable artificial

14-34 landmark which is customarily shown on a map, including, without

14-35 limitation, a bench mark or the point at which two roads intersect. The

14-36 description must also state the township and range, and [where] if the lands

14-37 are surveyed lands, the quarter section and section in which the landmark

14-38 and the mining claim are situated. The locator [need not] is not required to

14-39 employ a professional surveyor or engineer, but each locator shall prepare a

14-40 map which is in accordance with his abilities to map and properly set forth

14-41 the boundaries and location of his claim. The size of each sheet must be

14-42 [either] 8 1/2 by 14 inches or 24 by 36 inches. Any 8 1/2- by 14-inch sheet

15-1 must be capable of being photocopied. Any 24- by 36-inch sheet must be a

15-2 mylar print or other material capable of being reproduced by standard

15-3 means.

15-4 2. Within 90 days after the posting of the notice of location, the locator

15-5 shall file both copies of the map with the county recorder in the county in

15-6 which the claim is located together with a filing fee of $15 for each claim

15-7 whose boundaries and location are set forth on the map.

15-8 3. Using the proceeds of these filing fees, the county:

15-9 (a) Shall establish and maintain, in accordance with the regulations of

15-10 the division , [of minerals of the department of business and industry,] a

15-11 map of the mining claims in the county that must accurately record the

15-12 location of all mining claims filed after July 1, 1971;

15-13 (b) Shall purchase and maintain the necessary equipment used in

15-14 establishing, maintaining and duplicating the map; and

15-15 (c) May use any remaining money for any purpose determined by the

15-16 county recorder.

15-17 The map is a public record.

15-18 4. The county recorder shall not refuse to accept a map submitted by a

15-19 locator unless he can affirmatively show that the map submitted does not

15-20 accurately reflect the location of all the claims.

15-21 5. The county recorder shall send one copy of the locator’s map and

15-22 one copy of the certificate of location to the county surveyor as soon as

15-23 practicable after its receipt.

15-24 Sec. 25. NRS 517.100 is hereby amended to read as follows:

15-25 517.100 Within 90 days after posting the notice of location of a placer

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 of

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

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

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

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

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

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

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

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

15-36 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, in

15-40 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

15-42 county that must accurately record the location of all mining claims filed

16-1 after July 1, 1971, which is a public record. The remaining part of the fee

16-2 may be used for the same purposes as any other general revenue of the

16-3 county.

16-4 Sec. 26. NRS 517.185 is hereby amended to read as follows:

16-5 517.185 In addition to any recording fee, each filing pursuant to NRS

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

16-15 513.103, all money received pursuant to this section.

16-16 Sec. 27. NRS 519A.140 is hereby amended to read as follows:

16-17 519A.140 The division shall:

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

16-40 that information is sent to the operator.

17-1 Sec. 28. NRS 519A.210 is hereby amended to read as follows:

17-2 519A.210 A person who desires to engage in a mining operation must:

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

17-4 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

17-25 the same day the application is filed with the division.

17-26 Sec. 29. NRS 519A.250 is hereby amended to read as follows:

17-27 519A.250 1. An operator who is required by federal law to file a plan

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

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

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

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

17-32 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

17-42 number of acres or part of an acre to be disturbed.

18-1 3. All money received by the division of minerals pursuant to

18-2 subsection 1 must be accounted for separately and used by the division of

18-3 minerals to create and administer programs for:

18-4 (a) The abatement of hazardous conditions existing at abandoned mine

18-5 sites which have been identified and ranked pursuant to the degree of

18-6 hazard established by regulations adopted by the division of minerals; and

18-7 (b) The education of the members of the general public concerning the

18-8 dangers of the hazardous conditions described in paragraph (a).

18-9 All interest and income earned on the money in the account, after deducting

18-10 applicable charges, must be deposited in the account for the division of

18-11 minerals [.] created pursuant to NRS 513.103.

18-12 4. On or before February 1 of each odd-numbered year, the division of

18-13 minerals shall file a report with the governor and the legislature describing

18-14 its activities, total revenues and expenditures pursuant to this section.

18-15 Sec. 30. NRS 519A.290 is hereby amended to read as follows:

18-16 519A.290 1. The division of minerals of the [department of business

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

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

18-19 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

18-42 ensure against the forfeiture of a reclamation performance bond;

19-1 (c) Use the money in the pool to cover the bonded liability of the

19-2 operators and any other persons who participate in the program;

19-3 (d) Provide a limit on the total bonded liability of any person who may

19-4 be covered under the program; and

19-5 (e) Provide conditions for the release and forfeiture of bonds.

19-6 3. The division of minerals shall adopt regulations relating to the

19-7 development and administration of the program.

19-8 4. If the reclamation performance bond of an operator or any other

19-9 person who participates in the program is forfeited, the attorney general

19-10 may bring an action in the name of the State of Nevada in any court of

19-11 competent jurisdiction against the operator or such other person to recover

19-12 the costs incurred by the program in the reclamation of the land.

19-13 Sec. 31. NRS 522.023 is hereby amended to read as follows:

19-14 522.023 "Division" means the division of minerals of the [department

19-15 of business and industry.] commission on mineral resources.

19-16 Sec. 32. NRS 522.050 is hereby amended to read as follows:

19-17 522.050 A person desiring to drill a well in search of oil or gas shall

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 drill,

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

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

19-24 obtained in accordance with the provisions of this chapter.

19-25 Sec. 33. NRS 522.150 is hereby amended to read as follows:

19-26 522.150 1. Any expenses in connection with Nevada’s affiliation

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

19-28 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 the

19-31 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

19-43 natural gas.]

20-1 Sec. 34. NRS 527.220 is hereby amended to read as follows:

20-2 527.220 The state forester, subject to the approval of the director of the

20-3 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

20-14 relating to forest pests.

20-15 Sec. 35. NRS 534A.031 is hereby amended to read as follows:

20-16 534A.031 [Exploration] Any exploration and subsurface information

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.

20-24 The state engineer or other agency shall keep the information confidential.

20-25 Sec. 36. NRS 534A.060 is hereby amended to read as follows:

20-26 534A.060 1. [No] A person may not drill or operate a geothermal

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

20-32 administrator requires by regulation.

20-33 Sec. 37. NRS 534A.070 is hereby amended to read as follows:

20-34 534A.070 1. The administrator of the division of minerals of 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 transmit

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

20-43 division of environmental protection of the state department of

21-1 conservation and natural resources and the administrator of the division of

21-2 wildlife of the state department of conservation and natural resources. After

21-3 consultation with the state engineer and each of the administrators, the

21-4 administrator of the division of minerals may issue a permit to drill or

21-5 operate a geothermal well if it is determined that issuance of a permit is

21-6 consistent with:

21-7 (a) The policies specified in NRS 445A.305 and 445B.100;

21-8 (b) The purposes of chapters 533 and 534 of NRS; and

21-9 (c) The purposes specified in chapter 501 of NRS.

21-10 3. The administrator of the division of minerals shall approve or reject

21-11 the application to drill or operate a geothermal well within 90 days after he

21-12 receives it in proper form, unless it is determined that a conflict exists

21-13 pursuant to subsection 2 or a public hearing is necessary pursuant to

21-14 subsection 4. Notice of the conflict or need for a public hearing must be

21-15 provided to the applicant within the 90-day period.

21-16 4. The state engineer and the administrator of the division of minerals

21-17 may hold public hearings jointly or separately to gather such evidence or

21-18 information as they deem necessary for a full understanding of all the rights

21-19 involved and to guard properly the public interest.

21-20 5. A permit issued pursuant to this section must include any conditions:

21-21 (a) Deemed necessary by the administrator of the division of minerals to

21-22 carry out the purposes of this section; and

21-23 (b) Imposed by the state engineer consistent with the provisions of

21-24 chapters 533 and 534 of NRS.

21-25 Sec. 38. NRS 547.050 is hereby amended to read as follows:

21-26 547.050 When any district board of agriculture is classified and

21-27 organized as provided in NRS 547.040, the secretary of the board shall

21-28 report such classification and organization to:

21-29 1. The [division] state department of agriculture ; [of the department

21-30 of business and industry;] and

21-31 2. Its appointing authority.

21-32 Sec. 39. NRS 548.120 is hereby amended to read as follows:

21-33 548.120 1. The following shall serve, ex officio, as members of the

21-34 state conservation commission:

21-35 (a) The dean of the Max C. Fleischmann College of Agriculture of the

21-36 University of Nevada, Reno.

21-37 (b) The [administrator] director of the [division] state department of

21-38 agriculture . [of the department of business and industry.]

21-39 2. The ex officio members may appoint, in writing, alternates to attend

21-40 any meeting of the commission. Ex officio members or their alternates

21-41 [shall] have full voting powers.

22-1 3. An ex officio member of the commission shall serve on the

22-2 commission as long as he retains the office by virtue of which he is serving

22-3 on the commission.

22-4 Sec. 40. Chapter 552 of NRS is hereby amended by adding thereto the

22-5 provisions set forth as sections 41 and 42 of this act.

22-6 Sec. 41. "Department" means the state department of agriculture.

22-7 Sec. 42. "Director" means the director of the department.

22-8 Sec. 43. NRS 552.085 is hereby amended to read as follows:

22-9 552.085 As used in this chapter, unless the context otherwise requires,

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

22-12 them in those sections.

22-13 Sec. 44. NRS 552.0861 is hereby amended to read as follows:

22-14 552.0861 "Inspector" means any person authorized by the [division]

22-15 department to enforce the provisions of this chapter.

22-16 Sec. 45. NRS 552.090 is hereby amended to read as follows:

22-17 552.090 1. The [division] department has control of all matters

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 for

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

22-23 of this chapter.

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

22-25 deposited in the state general fund.

22-26 Sec. 46. NRS 552.155 is hereby amended to read as follows:

22-27 552.155 1. Every person who is the owner or in possession of an

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

22-43 this state without registering it as provided in this section.

23-1 7. Unregistered apiaries or colonies of bees shall be deemed

23-2 abandoned and are subject to abatement.

23-3 Sec. 47. NRS 552.157 is hereby amended to read as follows:

23-4 552.157 Every person who owns or possesses 11 or more colonies of

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

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

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

23-8 representatives of the state’s beekeepers.

23-9 Sec. 48. NRS 552.160 is hereby amended to read as follows:

23-10 552.160 1. The [division] department may order the inspection of

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 the

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

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

23-23 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

23-36 apiary.

23-37 Sec. 49. NRS 552.170 is hereby amended to read as follows:

23-38 552.170 If the owner or person in possession of an apiary neglects or

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

23-43 the order.

24-1 Sec. 50. NRS 552.200 is hereby amended to read as follows:

24-2 552.200 1. It is unlawful for any person to transport or move in any

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 or

24-13 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 owner

24-20 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

24-36 apiary.

24-37 Sec. 51. NRS 552.205 is hereby amended to read as follows:

24-38 552.205 The [division] department may, if the demand for pollination

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;

24-43 (c) The health of the bees and brood; and

25-1 (d) Any other factors which reasonably relate to the ability of the colony

25-2 to pollinize horticultural and agricultural crops.

25-3 2. Appoint qualified inspectors to determine colony strength.

25-4 3. Certify hives of bees used in commercial pollinization on the basis

25-5 of colony strength.

25-6 4. Establish reasonable fees to cover the cost of colony strength

25-7 inspection and certification.

25-8 Sec. 52. NRS 552.210 is hereby amended to read as follows:

25-9 552.210 1. A person shall not ship or transport into this state any

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 by

25-34 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

25-43 business, if applicable, and his address.

26-1 (7) The identification numbers or letters, or both, used by the shipper

26-2 to identify his beekeeping equipment.

26-3 (c) Submits with the application a fee set by the state board of

26-4 agriculture which does not exceed $1 for each colony.

26-5 3. An applicant for a permit for entry may submit a certificate of

26-6 inspection issued by the [division. Such a] department. The certificate

26-7 authorizes reentry into the state for 1 year after the date the inspection was

26-8 performed.

26-9 4. Each shipment must be accompanied by a copy of the permit of

26-10 entry issued by the [division] department and a copy of the certificate of

26-11 inspection required by this section.

26-12 5. If any bees, used hives, honeycombs or appliances entering this state

26-13 are found to be diseased at the time of inspection in this state, the shipment

26-14 must be quarantined in the same manner as provided in NRS 552.200, and

26-15 must be destroyed or shipped out of the state at the option and expense of

26-16 the owner or person in possession, unless the [division] department finds

26-17 that the disease can be eradicated by treatment rather than destruction.

26-18 6. All honeycombs transported from a point outside this state through

26-19 this state in interstate commerce must be covered by the person in

26-20 possession in a manner which will prevent access of bees.

26-21 7. All bees, used hives, honeycombs or appliances entering this state in

26-22 violation of the provisions of this chapter must be destroyed or shipped out

26-23 of this state at the option and expense of the owner or person in possession,

26-24 or sold by the [division,] department, after notice to the owner or person by

26-25 the [division.] department. If the owner does not comply with the

26-26 requirements of the notice or cannot be located, the [division] department

26-27 may destroy the bees, used hives, honeycombs or appliances at [his

26-28 expense] the expense of the owner or offer them for sale. The terms of any

26-29 such sale must include an agreement by the purchaser to comply with all

26-30 provisions of this chapter, and the proceeds of the sale must be deposited

26-31 with the state treasurer for credit to the apiary inspection account.

26-32 Sec. 53. NRS 552.212 is hereby amended to read as follows:

26-33 552.212 1. A person shall not ship or transport into this state any

26-34 queens or other bees in screened cages without comb unless the shipment is

26-35 accompanied by a certificate of an authorized officer of the state of origin

26-36 certifying that all bees intended for shipment:

26-37 (a) Were inspected within 60 days before the date of shipment; and

26-38 (b) Were found to be free from disease and pests.

26-39 2. The [division] department shall hold a shipment which is not

26-40 accompanied by the certificate of inspection and notify the person who

26-41 owns or controls the bees that they will be destroyed after 48 hours [from]

27-1 after the time of the notice unless a proper certificate of inspection is

27-2 supplied. If the certificate is not supplied within that time, the bees may be

27-3 destroyed.

27-4 Sec. 54. NRS 552.214 is hereby amended to read as follows:

27-5 552.214 1. If the [division] department finds that after diligent

27-6 search sufficient bees for pollination purposes are not reasonably available

27-7 with a 2-year disease-free history as provided in subsection 2 of NRS

27-8 552.210 and the regulations adopted pursuant thereto, the [division]

27-9 department may accept a certificate of inspection from the point of origin

27-10 stating that the applicant has received an inspection from the authorized

27-11 state authority in the state of origin finding that the bees covered by the

27-12 certificate meet the colony strength required by [Nevada regulation] the

27-13 regulations adopted by the department and have been 100 percent

27-14 inspected within the past 60 days and have been found free of American

27-15 foulbrood disease.

27-16 2. [Such] Those bees are subject to inspection upon arrival in this state

27-17 and , if found not to be [disease] free from disease, will be ordered

27-18 removed to the point of origin within 24 hours.

27-19 Sec. 55. NRS 552.215 is hereby amended to read as follows:

27-20 552.215 [When] If an inspection is requested by any person for the

27-21 purpose of obtaining a certificate of inspection for bees or appliances, the

27-22 applicant for [such] the certificate shall pay a reasonable fee as prescribed

27-23 by the [division] department to pay the expenses of the inspection.

27-24 Sec. 56. NRS 552.270 is hereby amended to read as follows:

27-25 552.270 Any person engaged in the rearing and distribution of queen

27-26 bees [shall] must have his queen-rearing apiary [or apiaries] inspected at

27-27 least each 60 days during shipping season and , on discovery of any disease

27-28 which is infectious or contagious in its nature and injurious to bees in their

27-29 egg, larval, pupal or adult stages, [such a] the person shall at once cease to

27-30 distribute queen bees from the diseased apiary until the [division]

27-31 department declares the apiary [or apiaries] free from all disease by the

27-32 issuance of a certificate of inspection.

27-33 Sec. 57. NRS 552.300 is hereby amended to read as follows:

27-34 552.300 1. Upon presentation of satisfactory evidence by the state

27-35 quarantine officer, the chief inspector or any deputy inspector of the

27-36 violation of any of the provisions of this chapter, any district attorney shall,

27-37 without delay, prosecute the person [so violating] who has violated any of

27-38 the provisions of this chapter.

27-39 2. The [division may, at its discretion,] department may employ

27-40 counsel to assist in the prosecution of any person charged with the violation

27-41 of any of the provisions of this chapter and compensate the counsel so

27-42 employed [out of] from the apiary inspection account.

28-1 Sec. 58. NRS 555.005 is hereby amended to read as follows:

28-2 555.005 As used in this chapter, unless the context requires otherwise:

28-3 1. ["Administrator" means the administrator of the division.

28-4 2. "Division"] "Department" means the [division] state department of

28-5 agriculture . [of the department of business and industry.]

28-6 2. "Director" means the director of the department.

28-7 3. "Noxious weed" means any species of plant which is, or is likely to

28-8 be, detrimental or destructive and difficult to control or eradicate.

28-9 4. "Vertebrate pest" means any animal of the subphylum Vertebrata,

28-10 except predatory animals, which is normally considered to be a pest, [such

28-11 as] including a gopher, ground squirrel, rat, mouse, starling [or blackbird,

28-12 or] , blackbird and any other animal which the [administrator] director

28-13 may declare to be a pest.

28-14 Sec. 59. NRS 555.010 is hereby amended to read as follows:

28-15 555.010 Within the limits of any appropriation made by law, the

28-16 [administrator] director may:

28-17 1. Investigate the prevalence of; and

28-18 2. Take the necessary action to control,

28-19 vertebrate and invertebrate pests of plants and animals, plant diseases,

28-20 physiological plant disorders and noxious weeds for the protection of the

28-21 crops, livestock, public health, wildlife, water quality and beneficial uses of

28-22 land in the State of Nevada.

28-23 Sec. 60. NRS 555.021 is hereby amended to read as follows:

28-24 555.021 The [administrator] director may cooperate, financially or

28-25 otherwise, with any federal agency or department, any other state agency or

28-26 department, any county, city, public district or political subdivision of this

28-27 state, any public or private corporation, and any natural person or group of

28-28 [such] natural persons in suppressing vertebrate pests injurious to the state

28-29 agricultural interests and in suppressing vertebrate pest vectors of diseases

28-30 transmissible and injurious to humans.

28-31 Sec. 61. NRS 555.100 is hereby amended to read as follows:

28-32 555.100 1. The [division] department shall, whenever necessary or

28-33 whenever a complaint is made to the [division,] department, cause an

28-34 inspection to be made of any premises within the jurisdiction of the

28-35 [division,] department, and if found infested with infectious diseases,

28-36 insects, weeds or other pests injurious to agriculture, the [division]

28-37 department may, in writing, notify the owner or occupant of the premises

28-38 that the [same] premises are infested or infected with [such] those diseases,

28-39 insects, weeds or other pests. The [division] department may require the

28-40 owner or occupant to control or eradicate [such] those diseases, insects,

28-41 weeds or other pests within a certain [time] period to be specified in the

28-42 notice.

29-1 2. Notices may be served upon the owner or occupant by an officer or

29-2 employee of the [division,] department, and must be served in writing,

29-3 [either] by certified mail [,] or personally , with receipt given therefor.

29-4 Sec. 62. NRS 555.110 is hereby amended to read as follows:

29-5 555.110 1. All such premises so infected or infested are hereby

29-6 adjudged and declared to be a public nuisance, and [whenever] if any such

29-7 nuisance exists at any place within the jurisdiction of the [division]

29-8 department and the owner or occupant thereof, after [due] notification,

29-9 refuses or neglects to abate the [same] nuisance within the [time] period

29-10 specified, the [division] department shall cause the nuisance to be abated at

29-11 once by eradicating or controlling [such] those diseases, insects, weeds or

29-12 other pests in a manner to be determined by the [division.] department.

29-13 2. The expense thereof must be paid from any money made available to

29-14 the [division] department by direct legislative appropriation or otherwise.

29-15 Sec. 63. NRS 555.120 is hereby amended to read as follows:

29-16 555.120 1. All sums paid by the [division] department constitute a

29-17 lien on the property and premises from which the nuisance has been

29-18 removed or abated [in pursuance of] pursuant to NRS 555.100 and

29-19 555.110, and may be recovered by an action against [such] that property

29-20 and premises.

29-21 2. A notice of lien must be filed and recorded in the office of the

29-22 county recorder of the county in which the property and premises are

29-23 situated within 30 days after the right to liens has accrued.

29-24 3. An action to foreclose a lien may be commenced at any time within

29-25 1 year after the filing and recording of the notice of lien, which action must

29-26 be brought in the proper court by the district attorney of the county in the

29-27 name and for the benefit of the [division.

29-28 4. When] department.

29-29 4. If the property is sold, enough of the proceeds must be paid to the

29-30 [division] department to satisfy the lien and costs, and the overplus, if

29-31 [there is] any, must be paid to the owner of the property if he is known, and

29-32 if not, into the court for his use when ascertained. All sales under the

29-33 provisions of NRS 555.100 [to 555.120, inclusive,] , 555.110 and 555.120

29-34 must be made in the same manner and upon the same notice as sales of real

29-35 property under execution from a justice’s court.

29-36 Sec. 64. NRS 555.125 is hereby amended to read as follows:

29-37 555.125 1. [When] If it appears that an area has or is likely to

29-38 become infested with a pest which cannot be practically eradicated or

29-39 controlled except by the means provided in this section, the [division]

29-40 department shall hold a public hearing to determine the necessity of

29-41 declaring a time [limit] during which or an area in which plants capable of

29-42 acting as hosts for [such] the pest may not be planted, grown, cultivated,

29-43 maintained or allowed to exist.

30-1 2. Notice of the hearing must be given to all growers of [such] the host

30-2 plants within the area and must specify:

30-3 (a) The time and place of the hearing.

30-4 (b) The host plant.

30-5 (c) The pest.

30-6 (d) The purpose of the hearing.

30-7 3. If, after the hearing, the [division] department determines that

30-8 [such] the pest cannot otherwise be practically eradicated or controlled, the

30-9 [division] department shall issue an order prescribing a time [limit] during

30-10 which or an area in which [such] the host plants may not be planted, grown,

30-11 cultivated, maintained or allowed to exist, and requiring owners or

30-12 occupiers of property upon which [such] the host plants exist to eradicate

30-13 [such] the plants.

30-14 4. If [such an] the owner or occupant neglects or refuses to eradicate

30-15 [such] the plants, the [division] department may do so in the manner

30-16 prescribed by NRS [555.120.] 555.110.

30-17 5. Any person violating such an order is guilty of a misdemeanor.

30-18 Sec. 65. NRS 555.160 is hereby amended to read as follows:

30-19 555.160 1. The state quarantine officer shall make or [have] cause to

30-20 be made a careful examination and investigation of the spread,

30-21 development and growth of noxious weeds in this state. Upon the discovery

30-22 of [such] those weeds he shall ascertain the name of the owner or occupant

30-23 of the land and the description of the land where the weeds are found. [He]

30-24 The state quarantine officer may serve notice in writing upon the owner or

30-25 occupant of the land to cut, eradicate or destroy [such] the weeds within

30-26 such time and in such manner as designated and described in the notice.

30-27 One such notice shall be deemed sufficient for the entire season of weed

30-28 growth during that year.

30-29 2. Notices may be served upon the owner or occupant by an officer or

30-30 employee of the [division,] department, and must be served in writing,

30-31 personally or by certified mail, with receipt given therefor.

30-32 Sec. 66. NRS 555.235 is hereby amended to read as follows:

30-33 555.235 As used in NRS 555.235 to 555.249, inclusive:

30-34 1. "Agent" means any person who:

30-35 (a) Acts upon the authority of another person possessing a valid nursery

30-36 license in this state; and

30-37 (b) Solicits for the sale of nursery stock.

30-38 2. "Container" means any receptacle in which nursery stock is packed

30-39 for shipment, storage or sale.

30-40 3. "Inspecting officer" means a person authorized by the [division]

30-41 department to inspect nursery stock.

30-42 4. "Licensee" means any person licensed under the provisions of NRS

30-43 555.235 to 555.249, inclusive.

31-1 5. "Nursery" means any ground or place where nursery stock is grown,

31-2 stored, packed, treated, fumigated or offered for sale.

31-3 6. "Nursery stock" means any plant for planting, propagation or

31-4 ornamentation, and includes parts of plants, trees, shrubs, vines, vegetables,

31-5 bulbs, stolons, tubers, corms, pips, rhizomes, scions, buds and grafts.

31-6 7. "Peddler" means any person who sells, solicits or offers for sale

31-7 nursery stock to the ultimate customer and who does not have an

31-8 established permanent place of business in the state. The term does not

31-9 include nurserymen who wholesale stock to retail nurserymen in this state.

31-10 8. "Pest" means:

31-11 (a) Any form of animal life detrimental to the nursery industry of the

31-12 state.

31-13 (b) Any form of vegetable life detrimental to the nursery industry of the

31-14 state.

31-15 9. "Pest disease" means any infectious, transmissible or contagious

31-16 disease of plants, or any disorder of plants which manifests symptoms or

31-17 behavior which the director, after investigation, determines to be

31-18 characteristic of an infectious, transmissible or contagious disease.

31-19 10. "Place of business" means any location used to propagate, grow,

31-20 maintain, hold, sell or distribute nursery stock . [and] The term includes ,

31-21 but is not limited to , established permanent places of business, registered

31-22 places of business, established sales yards, store yards, store [or] and sales

31-23 locations [or] and similar outlets for which the minimum nursery license

31-24 fee has been paid.

31-25 11. "Sell" means exchange, offer for sale, expose for sale, have in

31-26 possession for sale or solicit for sale.

31-27 Sec. 67. NRS 555.236 is hereby amended to read as follows:

31-28 555.236 1. Every person who engages in the commercial production,

31-29 holding, distribution, collection or selling of nursery stock shall obtain a

31-30 license from the [administrator,] director, except:

31-31 (a) Retail florists or other persons who sell potted, ornamental plants

31-32 intended for indoor decorative purposes.

31-33 (b) A person who is not engaged in the nursery business [, raising] and

31-34 raises nursery stock as a hobby in this state, from which he makes

31-35 occasional sales, if the person reports to the [administrator] director his

31-36 intention to make [such] those sales and does not advertise or solicit for the

31-37 sale of [such] that nursery stock.

31-38 (c) Persons engaged in agriculture and field-growing vegetable plants

31-39 intended for sale for use in agricultural production.

31-40 (d) That the [administrator] director may, to relieve hardships imposed

31-41 by the licensing requirements of NRS 555.235 to 555.249, inclusive, upon

31-42 persons residing in sparsely settled areas of the state [in which there exist]

31-43 where no licensed nurseries [, waive nursery licensing] exist, waive the

32-1 requirements for the licensing of nurseries for any established business

32-2 concern to permit occasional sales of nursery stock for customer

32-3 accommodation.

32-4 (e) At the discretion of the [administrator,] director, persons selling

32-5 vegetable bulbs or flower bulbs, [such as] including onion sets, tulip bulbs

32-6 [or] and similar bulbs.

32-7 2. Persons, state agencies or political subdivisions exempt from the

32-8 licensing requirements:

32-9 (a) Shall conduct their businesses in accordance with pest regulations

32-10 and grades and standards for nursery stock as established by the

32-11 [administrator.] director.

32-12 (b) Shall register annually, on or before July 1, with the [division,]

32-13 department, the location, size and type of nursery stock being produced.

32-14 Sec. 68. NRS 555.237 is hereby amended to read as follows:

32-15 555.237 1. Any person applying for a license shall do so on the

32-16 application form and in the manner prescribed by the [administrator.]

32-17 director.

32-18 2. The application must be accompanied by the nursery license fee

32-19 required by NRS 555.238 and by evidence of the [applicant’s] good faith

32-20 and character [.] of the applicant.

32-21 Sec. 69. NRS 555.241 is hereby amended to read as follows:

32-22 555.241 The [administrator] director may refuse to issue or renew, or

32-23 may suspend or revoke, a nursery license for violation of any provision of

32-24 NRS 555.235 to 555.249, inclusive, or any rule or regulation adopted under

32-25 NRS 555.243, but no license may be refused, suspended or revoked until

32-26 the applicant or licensee has been given the opportunity to appear [for] at a

32-27 hearing. Offenders must be given 15 days’ notice in writing. The notice

32-28 must indicate the offense and the place of hearing.

32-29 Sec. 70. NRS 555.242 is hereby amended to read as follows:

32-30 555.242 The [administrator] director may order any [or all] nursery

32-31 stock to be held for terminal inspection.

32-32 Sec. 71. NRS 555.243 is hereby amended to read as follows:

32-33 555.243 The [administrator] director may adopt such regulations as he

32-34 may deem necessary to:

32-35 1. Carry [into effect] out the intent of NRS 555.235 to 555.249,

32-36 inclusive.

32-37 2. Establish sanitary standards relating to pest conditions of nurseries.

32-38 3. Establish mandatory and permissive grades for nursery stock. When

32-39 mandatory grades are established for nursery stock, all nursery stock sold

32-40 or offered for sale must be graded and labeled in accordance with those

32-41 standards.

32-42 4. Establish standards relating to conditions that interfere with the

32-43 proper development of nursery stock after planting.

33-1 Sec. 72. NRS 555.244 is hereby amended to read as follows:

33-2 555.244 The [administrator] director or any inspecting officer may

33-3 enter any nursery during reasonable hours to ascertain:

33-4 1. The pest conditions of nursery stock on growing grounds.

33-5 2. The condition of nursery stock offered for sale.

33-6 Sec. 73. NRS 555.245 is hereby amended to read as follows:

33-7 555.245 1. Any person may request the [administrator] director to

33-8 certify to pest conditions, quality, viability or grade of nursery stock

33-9 intended for shipment to [meet plant pest] comply with the requirements

33-10 for plant pests established by any state, territory or foreign country or by

33-11 contract.

33-12 2. The [administrator] director may establish a schedule of reasonable

33-13 fees for [such certification requests.] those requests for certification.

33-14 Sec. 74. NRS 555.248 is hereby amended to read as follows:

33-15 555.248 Any nursery stock brought into this state which the

33-16 [administrator] director or inspecting officer finds or has reasonable cause

33-17 to believe to be infested or infected with any pest must be destroyed

33-18 immediately, at the expense of the owner or bailee, under the supervision of

33-19 the [administrator] director or the inspecting officer, unless:

33-20 1. The nature of the pest is such that no detriment can be caused to the

33-21 nursery industry or related industries in this state by shipping the nursery

33-22 stock out of the state. In [such] that case the [administrator] director or

33-23 inspecting officer:

33-24 (a) May affix a warning tag or notice to the nursery stock.

33-25 (b) Shall notify the owner or bailee to ship the nursery stock out of this

33-26 state within 48 hours.

33-27 (c) Shall keep the nursery stock under his control at the expense of the

33-28 owner or bailee.

33-29 (d) Shall destroy the nursery stock at the expiration of 48 hours if the

33-30 owner or bailee has not shipped the nursery stock out of the state.

33-31 2. The [administrator] director determines that the pest can be

33-32 exterminated by treatment prescribed by the [administrator] director with

33-33 the result that no detriment [can] will be caused to the nursery industry or

33-34 related industries in this state. In [such] that case, nursery stock will be

33-35 released if the nursery stock is:

33-36 (a) Treated in the manner prescribed by the [administrator;] director;

33-37 (b) Treated within the time specified by the [administrator] director or

33-38 inspecting officer;

33-39 (c) Treated under the supervision of the inspecting officer; and

33-40 (d) Found to be free from pests.

33-41 Sec. 75. NRS 555.2485 is hereby amended to read as follows:

33-42 555.2485 1. The [administrator] director shall adopt regulations

33-43 specifying a schedule of administrative fines which may be imposed, upon

34-1 notice and a hearing, for each violation of the provisions of NRS 555.235

34-2 to 555.249, inclusive, or the regulations adopted pursuant thereto. The

34-3 maximum fine that the [administrator] director may impose for each

34-4 violation may not exceed:

34-5 (a) For the first violation, $250;

34-6 (b) For the second violation, $500; and

34-7 (c) For each subsequent violation, $1,000.

34-8 All fines collected by the [administrator] director pursuant to this section

34-9 must be deposited with the state treasurer for credit to the state general

34-10 fund.

34-11 2. The [administrator] director may:

34-12 (a) In addition to imposing an administrative fine pursuant to this

34-13 section, issue an order requiring a violator to take appropriate action to

34-14 correct the violation; or

34-15 (b) Request the district attorney of the appropriate county to investigate

34-16 or file a criminal complaint against any person who the [administrator]

34-17 director suspects may have committed flagrant or repeated violations of

34-18 any provision of NRS 555.235 to 555.249, inclusive.

34-19 Sec. 76. NRS 555.249 is hereby amended to read as follows:

34-20 555.249 Any person violating the provisions of NRS 555.235 to

34-21 555.249, inclusive, or the regulations adopted pursuant thereto is guilty of a

34-22 misdemeanor and shall be punished by imprisonment in the county jail for

34-23 not more than 6 months, or by a fine of not more than $1,000, or by both

34-24 fine and imprisonment. The prosecuting attorney and the [division]

34-25 department may recover the costs of the proceeding, including

34-26 investigative costs and attorney’s fees, against a person convicted of a

34-27 misdemeanor pursuant to this section.

34-28 Sec. 77. NRS 555.2617 is hereby amended to read as follows:

34-29 555.2617 "Certificate" means a certificate of competency issued by the

34-30 [administrator] director to a commercial applicator or private applicator

34-31 authorizing that person to make application of or to supervise the

34-32 application of a restricted-use pesticide.

34-33 Sec. 78. NRS 555.2618 is hereby amended to read as follows:

34-34 555.2618 "Certified applicator" means any person who is certified by

34-35 the [administrator] director as qualified to use or to supervise the use of

34-36 any restricted-use pesticide.

34-37 Sec. 79. NRS 555.2665 is hereby amended to read as follows:

34-38 555.2665 "Pest" [means,] includes, but is not limited to, any insect,

34-39 fungus, rodent, nematode, snail, slug [,] and weed and any form of plant or

34-40 animal life or virus, except any virus on or in a living [man] human or

34-41 other animal, which is normally considered to be a pest or which the

34-42 [administrator] director declares to be a pest.

35-1 Sec. 80. NRS 555.267 is hereby amended to read as follows:

35-2 555.267 "Pesticide" means:

35-3 1. Any substance or mixture of substances, including any living

35-4 organisms or any product derived therefrom or any fungicide, herbicide,

35-5 insecticide, nematocide or rodenticide, intended to prevent, destroy,

35-6 control, repel, attract or mitigate any insect, rodent, nematode, snail, slug,

35-7 fungus [,] and weed and any other form of plant or animal life or virus,

35-8 except virus on or in a living [man] human or other [animals,] animal,

35-9 which is normally considered to be a pest or which the [administrator]

35-10 director declares to be a pest.

35-11 2. Any substance or mixture of substances intended to be used as a

35-12 plant regulator, defoliant or desiccant, and any other substances intended

35-13 for [such] that use as are named by the [administrator] director by

35-14 regulation . [after calling a public hearing for that purpose.]

35-15 Sec. 81. NRS 555.2683 is hereby amended to read as follows:

35-16 555.2683 "Restricted-use pesticide" means any pesticide, including

35-17 any highly toxic pesticide, which:

35-18 1. The [administrator] director has found and determined, [subsequent

35-19 to] after a hearing, to be:

35-20 (a) Injurious to persons, pollinating insects, bees, animals, crops or land,

35-21 other than pests or vegetation it is intended to prevent, destroy, control or

35-22 mitigate; or

35-23 (b) Detrimental to:

35-24 (1) Vegetation, except weeds;

35-25 (2) Wildlife; or

35-26 (3) Public health and safety; or

35-27 2. Has been classified for restricted use by or under the supervision of

35-28 a certified applicator in accordance with the Federal Environmental

35-29 Pesticide Control Act , [(] 7 U.S.C. §§ 136 et seq. [).]

35-30 Sec. 82. NRS 555.2687 is hereby amended to read as follows:

35-31 555.2687 "Supervision" of the application of a restricted-use pesticide

35-32 by a certified applicator must be defined by regulation of the

35-33 [administrator.] director.

35-34 Sec. 83. NRS 555.280 is hereby amended to read as follows:

35-35 555.280 A person shall not engage in pest control or serve as an agent,

35-36 operator or pilot for that purpose within this state at any time without a

35-37 license issued by the [administrator.] director.

35-38 Sec. 84. NRS 555.285 is hereby amended to read as follows:

35-39 555.285 A person shall not for hire engage in, offer to engage in,

35-40 advertise or solicit to perform any of the following pest control activities

35-41 concerning wood-destroying pests or organisms without a license issued by

35-42 the [administrator:] director:

36-1 1. Making an inspection to identify or to attempt to identify infestations

36-2 or infections of households or other structures by [such] those pests or

36-3 organisms.

36-4 2. Making inspection reports concerning the infestations or infections.

36-5 3. Making estimates or bids, whether written or oral, concerning the

36-6 infestations or infections.

36-7 4. Submitting bids to perform any work involving the application of

36-8 pesticides for the elimination, extermination, control or prevention of

36-9 infestations or infections of [such] those pests.

36-10 Sec. 85. NRS 555.290 is hereby amended to read as follows:

36-11 555.290 1. An application for a license must be submitted to the

36-12 [administrator] director and must [contain] set forth such information

36-13 regarding the applicant’s qualifications and proposed operations and other

36-14 relevant matters as required pursuant to regulations adopted by the

36-15 [administrator.] director. If the applicant is a natural person, the application

36-16 must include the social security number of the applicant.

36-17 2. If an applicant fails to complete the licensing requirements within 30

36-18 days after the date on which he submits his application, he forfeits all fees

36-19 he has tendered. Thereafter he may reinitiate the application process upon

36-20 payment of the appropriate fees.

36-21 Sec. 86. NRS 555.300 is hereby amended to read as follows:

36-22 555.300 1. The [administrator] director may require the applicant to

36-23 show, upon examination, that he possesses adequate knowledge concerning

36-24 the proper use and application of pesticides and the dangers involved and

36-25 precautions to be taken in connection with their application.

36-26 2. If the applicant is [other than] not a natural person, the applicant

36-27 shall designate an officer, member or technician of the organization to take

36-28 the examination . [, such designee to be] The person so designated is

36-29 subject to the approval of the [administrator.] director. If the extent of the

36-30 applicant’s operations [warrant] require it, the [administrator] director may

36-31 require more than one officer, member or technician to take the

36-32 examination.

36-33 3. The applicant or the person designated by the applicant in

36-34 accordance with the provisions of subsection 2 [of this section must be]

36-35 must have attained the age of majority [or over] and have:

36-36 (a) Not less than 2 years’ practical experience in pest control; or

36-37 (b) Possess university credits of not less than 16 credit hours in

36-38 biological sciences of which not less than 8 credit hours must be in subjects

36-39 directly related to the categories of pest control in which the applicant

36-40 wishes to be licensed and have 6 or more months of practical experience in

36-41 pesticide application or related pest control.

37-1 4. The requirements of subsection 3 do not apply to persons holding a

37-2 license issued by the [administrator] director before July 1, 1973, [nor] or

37-3 to the renewal of the license of any such person.

37-4 Sec. 87. NRS 555.310 is hereby amended to read as follows:

37-5 555.310 1. The [administrator] director shall collect from each

37-6 person applying for the examination or re-examination a testing fee of $10

37-7 for each field of pest control in which the applicant wishes to be examined,

37-8 subject [, however,] to a maximum charge of $35 and a minimum charge of

37-9 $15 for any one application.

37-10 2. Upon the successful completion of the testing, the [administrator]

37-11 director shall collect from each person applying for a license for pest

37-12 control the sum of $50 before the license is issued. Any company or person

37-13 employing operators, pilots or agents shall pay to the [administrator]

37-14 director $15 for each operator, pilot or agent licensed.

37-15 Sec. 88. NRS 555.320 is hereby amended to read as follows:

37-16 555.320 1. If the [administrator] director finds the applicant

37-17 qualified, and upon the applicant’s appointing the [administrator] director

37-18 agent for service of process and finding that the applicant has satisfied the

37-19 requirements of NRS 555.325 and 555.330, the [administrator] director

37-20 shall issue a license to perform pest control within this state.

37-21 2. The license period is the calendar year. All licenses expire on

37-22 December 31 of each year. The license may be renewed annually upon

37-23 application to the [administrator] director and payment of the license fee on

37-24 or before January 16 of each year. If the holder of the license is a natural

37-25 person, he must submit with his application for renewal the statement

37-26 required pursuant to NRS 555.325.

37-27 3. A penalty fee of $5 must be charged for failure to pay the renewal

37-28 fee when due unless the application for renewal is accompanied by a

37-29 written statement signed by the applicant that he has not made any

37-30 application of pesticides from the time of expiration of his prior license [to]

37-31 until the time of application for renewal.

37-32 4. The license may restrict the licensee to the use of a certain type or

37-33 types of equipment or materials if the [administrator] director finds that the

37-34 applicant is qualified to use only a certain type or types.

37-35 5. If a license is not issued as applied for, the [administrator] director

37-36 shall inform the applicant in writing of the reasons therefor.

37-37 Sec. 89. NRS 555.325 is hereby amended to read as follows:

37-38 555.325 1. A natural person who applies for the issuance or renewal

37-39 of a license to perform pest control shall submit to the [administrator]

37-40 director the statement prescribed by the welfare division of the department

37-41 of human resources pursuant to NRS 425.520. The statement must be

37-42 completed and signed by the applicant.

38-1 2. The [administrator] director shall include the statement required

38-2 pursuant to subsection 1 in:

38-3 (a) The application or any other forms that must be submitted for the

38-4 issuance or renewal of the license; or

38-5 (b) A separate form prescribed by the [administrator.] director.

38-6 3. A license to perform pest control may not be issued or renewed by

38-7 the [administrator] director if the applicant is a natural person who:

38-8 (a) Fails to submit the statement required pursuant to subsection 1; or

38-9 (b) Indicates on the statement submitted pursuant to subsection 1 that he

38-10 is subject to a court order for the support of a child and is not in

38-11 compliance with the order or a plan approved by the district attorney or

38-12 other public agency enforcing the order for the repayment of the amount

38-13 owed pursuant to the order.

38-14 4. If an applicant indicates on the statement submitted pursuant to

38-15 subsection 1 that he is subject to a court order for the support of a child and

38-16 is not in compliance with the order or a plan approved by the district

38-17 attorney or other public agency enforcing the order for the repayment of the

38-18 amount owed pursuant to the order, the [administrator] director shall advise

38-19 the applicant to contact the district attorney or other public agency

38-20 enforcing the order to determine the actions that the applicant may take to

38-21 satisfy the arrearage.

38-22 Sec. 90. NRS 555.330 is hereby amended to read as follows:

38-23 555.330 1. The [administrator] director shall require from each

38-24 applicant for a pest control license proof of public liability and property

38-25 damage insurance in an amount not less than $10,000, nor more than

38-26 $200,000. The [administrator] director may accept a liability insurance

38-27 policy or surety bond in the proper amount.

38-28 2. The [administrator] director may require drift insurance for the use

38-29 of pesticides or other materials declared hazardous or dangerous to man,

38-30 livestock, wildlife, crops or plantlife.

38-31 3. Any person injured by the breach of any such obligation is entitled

38-32 to sue in his own name in any court of competent jurisdiction to recover the

38-33 damages he sustained by that breach, if each claim is made within 6 months

38-34 after the alleged injury.

38-35 4. The [administrator] director on his own motion may, or upon receipt

38-36 of a verified complaint of an interested person shall, investigate, as he

38-37 deems necessary, any loss or damage resulting from the application of any

38-38 pesticide by a licensed pest control operator. A verified complaint of loss

38-39 or damage must be filed within 60 days after the time that the occurrence of

38-40 the loss or damage becomes known except that, if a growing crop is alleged

38-41 to have been damaged, the verified complaint must be filed before 50

39-1 percent of the crop has been harvested. A report of investigations resulting

39-2 from a verified complaint must be furnished to the [complainant.] person

39-3 who filed the complaint.

39-4 Sec. 91. NRS 555.350 is hereby amended to read as follows:

39-5 555.350 1. The [administrator] director may suspend, pending

39-6 inquiry, for not longer than 10 days, and, after opportunity for a hearing,

39-7 may revoke, suspend or modify any license issued under NRS 555.2605 to

39-8 555.460, inclusive, if he finds that:

39-9 (a) The licensee is no longer qualified;

39-10 (b) The licensee has engaged in fraudulent business practices in pest

39-11 control;

39-12 (c) The licensee has made false or fraudulent claims through any media

39-13 [,] by misrepresenting the effect of materials or methods to be [utilized;]

39-14 used;

39-15 (d) The licensee has applied known ineffective or improper materials;

39-16 (e) The licensee operated faulty or unsafe equipment;

39-17 (f) The licensee has made any application in a faulty, careless or

39-18 negligent manner;

39-19 (g) The licensee has violated any of the provisions of NRS 555.2605 to

39-20 555.460, inclusive, or regulations [made thereunder;] adopted pursuant

39-21 thereto;

39-22 (h) The licensee engaged in the business of pest control without having a

39-23 licensed applicator or operator in direct on-the-job supervision;

39-24 (i) The licensee aided or abetted a licensed or an unlicensed person to

39-25 evade the provisions of NRS 555.2605 to 555.460, inclusive, combined or

39-26 conspired with such a licensee or an unlicensed person to evade the

39-27 provisions, or allowed one’s license to be used by an unlicensed person;

39-28 (j) The licensee was intentionally guilty of fraud or deception in the

39-29 procurement of his license; or

39-30 (k) The licensee was intentionally guilty of fraud or deception in the

39-31 issuance of an inspection report on wood-destroying pests or other report

39-32 required by regulation.

39-33 2. A license is suspended automatically, without action of the

39-34 [administrator,] director, if the proof of public liability and property

39-35 damage or drift insurance filed pursuant to NRS 555.330, is canceled, and

39-36 the license remains suspended until the insurance is reestablished.

39-37 Sec. 92. NRS 555.3505 is hereby amended to read as follows:

39-38 555.3505 1. If the [administrator] director receives a copy of a court

39-39 order issued pursuant to NRS 425.540 that provides for the suspension of

39-40 all professional, occupational and recreational licenses, certificates and

39-41 permits issued to a person who is the holder of a license to perform pest

39-42 control, the [administrator] director shall deem the license issued to that

39-43 person to be suspended at the end of the 30th day after the date on which

40-1 the court order was issued unless the [administrator] director receives a

40-2 letter issued to the holder of the license by the district attorney or other

40-3 public agency pursuant to NRS 425.550 stating that the holder of the

40-4 license has complied with the subpoena or warrant or has satisfied the

40-5 arrearage pursuant to NRS 425.560.

40-6 2. The [administrator] director shall reinstate a license to perform pest

40-7 control that has been suspended by a district court pursuant to NRS

40-8 425.540 if the [administrator] director receives a letter issued by the district

40-9 attorney or other public agency pursuant to NRS 425.550 to the person

40-10 whose license was suspended stating that the person whose license was

40-11 suspended has complied with the subpoena or warrant or has satisfied the

40-12 arrearage pursuant to NRS 425.560.

40-13 Sec. 93. NRS 555.351 is hereby amended to read as follows:

40-14 555.351 1. A person shall not use any restricted-use pesticide within

40-15 this state at any time without a certificate issued by the [administrator]

40-16 director except a person using any restricted-use pesticide under the

40-17 supervision of a certified applicator.

40-18 2. If the [administrator] director has adopted regulations requiring:

40-19 (a) A permit pursuant to NRS 586.403; or

40-20 (b) A special use permit pursuant to NRS 586.405,

40-21 for a restricted-use pesticide, a person shall not use [such] that pesticide

40-22 without [first] obtaining the required permit.

40-23 Sec. 94. NRS 555.353 is hereby amended to read as follows:

40-24 555.353 Application for a certificate must be made to the

40-25 [administrator] director and contain such information regarding the

40-26 applicant’s qualifications and proposed operations and other relevant

40-27 matters as required pursuant to the regulations adopted by the

40-28 [administrator.] director.

40-29 Sec. 95. NRS 555.355 is hereby amended to read as follows:

40-30 555.355 1. The [administrator] director may require the applicant to

40-31 show, upon examination, that he possesses adequate knowledge concerning

40-32 the proper use and application of restricted-use pesticides and the dangers

40-33 involved and precautions to be taken in connection with their application,

40-34 including , but not limited to , the following [subject] areas:

40-35 (a) Label and labeling comprehension.

40-36 (b) Environmental consequences of pesticide use and misuse.

40-37 (c) Pests.

40-38 (d) Pesticides.

40-39 (e) Equipment.

40-40 (f) Application techniques.

40-41 (g) Laws and regulations.

40-42 (h) Safety.

41-1 2. In addition, the [administrator] director may require the applicant to

41-2 meet special qualifications of competency to meet the special needs of a

41-3 given locality regarding the use or application of a specific restricted-use

41-4 pesticide.

41-5 3. The [administrator] director shall collect from each person applying

41-6 for an examination or re-examination, in connection with the issuance of a

41-7 certificate, a testing fee not to exceed $10 for any one examination period.

41-8 Sec. 96. NRS 555.357 is hereby amended to read as follows:

41-9 555.357 1. If the [administrator] director finds that the applicant is

41-10 qualified, he shall issue a certificate to make application of or to supervise

41-11 the application of restricted-use pesticides within this state.

41-12 2. A certificate is valid for 4 calendar years and expires on December

41-13 31. The certificate may be renewed upon completion of the requirements

41-14 established by [regulation] the regulations of the [administrator.] director.

41-15 3. The [administrator] director shall adopt regulations concerning the

41-16 requirements for renewal of a certificate.

41-17 4. The certificate may limit the applicant to the use of a certain type or

41-18 types of equipment or material if the [administrator] director finds that the

41-19 applicant is qualified to use only that type or types.

41-20 5. If a certificate is not issued as applied for, the [administrator]

41-21 director shall inform the applicant in writing of the reasons therefor.

41-22 Sec. 97. NRS 555.359 is hereby amended to read as follows:

41-23 555.359 The [administrator] director may deny or suspend, pending

41-24 inquiry, for not longer than 10 days, and, after opportunity for a hearing,

41-25 may deny, revoke, suspend or modify any certificate issued under the

41-26 provisions of NRS 555.351 to 555.357, inclusive, if he finds that the

41-27 applicant or the certified applicator:

41-28 1. Is no longer qualified;

41-29 2. Has applied known ineffective or improper materials;

41-30 3. Has applied materials inconsistent with labeling or other restrictions

41-31 imposed by the [administrator ;] director;

41-32 4. Has operated faulty or unsafe equipment;

41-33 5. Has made any application in a faulty, careless or negligent manner;

41-34 6. Aided or abetted an uncertified person to evade the provisions of

41-35 NRS 555.351 to 555.357, inclusive, combined or conspired with an

41-36 uncertified person to evade [such] those provisions, or allowed one’s

41-37 certificate to be used by an uncertified person;

41-38 7. Was guilty of fraud or deception in the procurement of his

41-39 certificate;

41-40 8. Has deliberately falsified any record or report;

41-41 9. Has violated any of the provisions of NRS 555.351 to 555.357,

41-42 inclusive, NRS 555.390 or [regulations made thereunder;] any regulation

41-43 adopted pursuant thereto; or

42-1 10. Has failed or neglected to give adequate instruction or direction to

42-2 an uncertified person working under his supervision.

42-3 Sec. 98. NRS 555.360 is hereby amended to read as follows:

42-4 555.360 1. Any person aggrieved by any action of the [administrator]

42-5 director may obtain a review thereof by filing in the district court of the

42-6 county in which the person resides, within 30 days after notice of the

42-7 action, a written petition praying that the action of the [administrator]

42-8 director be set aside.

42-9 2. A copy of the petition must forthwith be delivered to the

42-10 [administrator,] director, and within 20 days thereafter , the [administrator]

42-11 director shall certify and file in the court a transcript of any record

42-12 pertaining thereto, including a transcript of evidence received.

42-13 3. Upon compliance with the provisions of subsections 1 and 2, the

42-14 court [shall have] has jurisdiction to affirm, set aside or modify the action

42-15 of the [administrator,] director, except that the findings of the

42-16 [administrator as to] director concerning the facts, if supported by

42-17 substantial evidence, are conclusive.

42-18 Sec. 99. NRS 555.370 is hereby amended to read as follows:

42-19 555.370 The [administrator] director may provide for the inspection of

42-20 any ground equipment or of any device or apparatus used for application of

42-21 pesticides by aircraft, and may require proper repairs or other changes

42-22 before its further use.

42-23 Sec. 100. NRS 555.380 is hereby amended to read as follows:

42-24 555.380 1. The [administrator] director may, by regulation, prescribe

42-25 materials or methods to be used and prohibit the use of materials or

42-26 methods in custom application of pesticides, to the extent necessary to

42-27 protect health or to prevent injury [by reason] because of the drifting,

42-28 washing or application of [such] those materials to desired plants or

42-29 animals, including pollinating insects and aquatic life.

42-30 2. In [issuing such] adopting the regulations, the [administrator]

42-31 director shall give consideration to [pertinent] relevant research findings

42-32 and recommendations of other agencies of this state or of the Federal

42-33 Government.

42-34 Sec. 101. NRS 555.390 is hereby amended to read as follows:

42-35 555.390 1. The [administrator] director may, by regulation, require

42-36 any licensee to maintain such records and furnish reports giving such

42-37 information with respect to particular applications of pesticides and such

42-38 other relevant information as [the administrator] he may deem necessary.

42-39 2. The [administrator] director may, by regulation, require any

42-40 certified applicator to maintain such records and furnish reports giving such

42-41 information with respect to application of restricted-use pesticides and such

42-42 other relevant information as [the administrator] he may deem necessary.

43-1 Sec. 102. NRS 555.400 is hereby amended to read as follows:

43-2 555.400 1. The [administrator may make regulations for carrying]

43-3 director may adopt regulations to carry out the provisions of NRS

43-4 555.2605 to 555.460, inclusive, but the regulations must not be inconsistent

43-5 with regulations issued by this state or by the Federal Government

43-6 [respecting] relating to safety in air navigation or operation of aircraft.

43-7 2. Before issuing regulations directly relating to any matter within the

43-8 jurisdiction of any other [official] officer of this state, the [administrator]

43-9 director shall consult with that [official] officer with reference thereto.

43-10 Sec. 103. NRS 555.410 is hereby amended to read as follows:

43-11 555.410 The [administrator] director may, in cooperation with the

43-12 University and Community College System of Nevada, publish information

43-13 regarding injury which may result from improper application or handling of

43-14 pesticides and methods and precautions designed to prevent such an injury.

43-15 Sec. 104. NRS 555.420 is hereby amended to read as follows:

43-16 555.420 [For the purpose of carrying] To carry out the provisions of

43-17 NRS 555.2605 to 555.460, inclusive, the [administrator] director and his

43-18 [duly] appointed inspectors may enter upon any public or private premises

43-19 at reasonable times [for the purpose of inspecting, auditing, sampling or

43-20 monitoring] to inspect, audit, sample or monitor any aircraft, ground

43-21 equipment, records, storage, pesticides, pesticide sprays, disposal

43-22 operations or other operations which are subject to NRS 555.2605 to

43-23 555.460, inclusive, or regulations adopted [thereunder.] pursuant thereto.

43-24 Sec. 105. NRS 555.460 is hereby amended to read as follows:

43-25 555.460 Any person violating the provisions of NRS 555.2605 to

43-26 555.420, inclusive, or the regulations [issued thereunder] adopted pursuant

43-27 thereto, is guilty of a misdemeanor and, in addition to any criminal penalty,

43-28 shall pay to the [division] department an administrative fine of not more

43-29 than $5,000 per violation. If an administrative fine is imposed pursuant to

43-30 this section, the costs of the proceeding, including investigative costs and

43-31 attorney’s fees, may be recovered by the [division.] department.

43-32 Sec. 106. NRS 555.470 is hereby amended to read as follows:

43-33 555.470 1. The [administrator] director shall adopt regulations

43-34 specifying a schedule of fines which may be imposed, upon notice and a

43-35 hearing, for each violation of the provisions of NRS 555.2605 to 555.460,

43-36 inclusive. The maximum fine that may be imposed by the [administrator]

43-37 director for each violation must not exceed $5,000 per day. All fines

43-38 collected by the [administrator] director pursuant to this subsection must be

43-39 remitted to the county treasurer of the county in which the violation

43-40 occurred for credit to the county school district fund.

44-1 2. The [administrator] director may:

44-2 (a) In addition to imposing a fine pursuant to subsection 1, issue an

44-3 order requiring a violator to take appropriate action to correct the violation;

44-4 or

44-5 (b) Request the district attorney of the appropriate county to investigate

44-6 or file a criminal complaint against any person that the state board of

44-7 agriculture suspects may have violated any provision of NRS 555.2605 to

44-8 555.460, inclusive.

44-9 Sec. 107. NRS 555.530 is hereby amended to read as follows:

44-10 555.530 The board of directors of a rodent control district may:

44-11 1. With the approval of the [administrator,] director, appoint a rodent

44-12 control officer.

44-13 2. Receive and expend any money provided by assessment, voluntary

44-14 contribution or otherwise for the control of rodents in the district.

44-15 3. Exercise any other power necessary or proper to [effectuate] carry

44-16 out the purposes for which the district exists.

44-17 4. Elect a chairman from among its members, and secretary who may

44-18 [or may not] be a member [.] of the board.

44-19 Sec. 108. NRS 556.010 is hereby amended to read as follows:

44-20 556.010 As used in this chapter, unless the context otherwise requires:

44-21 1. "Advisory board" means the garlic and onion growers’ advisory

44-22 board.

44-23 2. ["Division"] "Department" means the [division] state department

44-24 of agriculture . [of the department of business and industry.]

44-25 3. "Grower" means any landowner personally engaged in growing

44-26 garlic or onions, or [both] a landowner and his tenant jointly, and includes a

44-27 natural person, partnership, association, corporation, cooperative

44-28 organization, trust, sharecropper and all other business units, devises or

44-29 arrangements that grow garlic or onions.

44-30 Sec. 109. NRS 556.070 is hereby amended to read as follows:

44-31 556.070 1. The [division] department shall, on or before August 1 of

44-32 each year, fix an annual special assessment not to exceed $10 per acre to be

44-33 levied upon all garlic and onions grown in this state. The [division]

44-34 department shall collect the assessment and transmit the proceeds to the

44-35 state treasurer for credit to the garlic and onion research and promotion

44-36 account.

44-37 2. On or before June 30 of each year, any person who has paid the

44-38 special assessment levied pursuant to this section may file a claim for a

44-39 refund with the [division] department accompanied by a receipt showing

44-40 payment. Upon verification of the correctness of the claim, the [division]

44-41 department shall transmit [it] the claim to the state controller for payment

44-42 from the garlic and onion research and promotion account.

45-1 Sec. 110. NRS 556.080 is hereby amended to read as follows:

45-2 556.080 All assessments levied pursuant to the provisions of NRS

45-3 556.070 must be paid to the [division] department by the grower of garlic

45-4 or onions and must be paid by December 1 of each year for the grower of

45-5 garlic, and by May 1 of each year for the grower of onions, or within 30

45-6 days after the planting of garlic or onions after those dates.

45-7 Sec. 111. NRS 556.090 is hereby amended to read as follows:

45-8 556.090 Any grower who fails to file a return or to pay any assessment

45-9 pursuant to NRS 556.070 within the [time required] period required by

45-10 NRS 556.080 forfeits to the [division] department a penalty of 5 percent of

45-11 the amount of the assessment due and 1 percent of the assessment due for

45-12 each month of delay or fraction thereof after the end of the month in which

45-13 the return was required to be filed or in which the assessment became due.

45-14 The [division,] department, if satisfied the delay was excusable, may remit

45-15 any part of the penalty. The penalty must be paid to the [division]

45-16 department and deposited for credit to the garlic and onion research and

45-17 promotion account.

45-18 Sec. 112. NRS 556.100 is hereby amended to read as follows:

45-19 556.100 Any assessment levied constitutes a personal debt of the

45-20 person so assessed. If a person fails to pay an assessment, including all

45-21 penalties, the [division] department may, at any time within 3 years after

45-22 the date of delinquency, maintain a civil action against [him] the person to

45-23 recover the amount of the delinquent assessment and penalties.

45-24 Sec. 113. NRS 561.025 is hereby amended to read as follows:

45-25 561.025 As used in this chapter, unless the context requires otherwise:

45-26 1. ["Administrator" means the administrator of the division.

45-27 2.] "Board" means the state board of agriculture.

45-28 [3. "Division"]

45-29 2. "Department" means the [division] state department of agriculture .

45-30 [of the department of business and industry.]

45-31 3. "Director" means the director of the department.

45-32 4. "Livestock" means:

45-33 (a) All cattle or animals of the bovine species.

45-34 (b) All horses, mules, burros and asses or animals of the equine species.

45-35 (c) All swine or animals of the porcine species.

45-36 (d) All goats or animals of the caprine species.

45-37 (e) All poultry or domesticated fowl or birds.

45-38 (f) All dogs, cats or other animals domesticated or under the restraint or

45-39 control of man.

45-40 Sec. 114. NRS 561.035 is hereby amended to read as follows:

45-41 561.035 1. The state department of agriculture is hereby created.

45-42 2. The administration of the provisions of this chapter is vested in the

45-43 [division.] department.

46-1 Sec. 115. NRS 561.045 is hereby amended to read as follows:

46-2 561.045 There is hereby created in the [division] department a state

46-3 board of agriculture composed of 10 members appointed by the governor.

46-4 Sec. 116. NRS 561.075 is hereby amended to read as follows:

46-5 561.075 1. While engaged in the business of the [division,]

46-6 department, each member of the board is entitled to receive a salary of not

46-7 more than $80 per day, as fixed by the board.

46-8 2. While engaged in the business of the [division,] department, each

46-9 member and employee of the board is entitled to receive the per diem

46-10 allowance and travel expenses provided for state officers and employees

46-11 generally.

46-12 3. The salaries, per diem allowances and travel expenses of the

46-13 members and employees of the board must be paid from any money

46-14 available to the [division.] department.

46-15 Sec. 117. NRS 561.085 is hereby amended to read as follows:

46-16 561.085 1. The board shall elect one of its members as chairman of

46-17 the board.

46-18 2. The [administrator] director shall act as the nonvoting recording

46-19 secretary of the board [. He] and shall keep the minutes of the proceedings

46-20 of the board.

46-21 Sec. 118. NRS 561.095 is hereby amended to read as follows:

46-22 561.095 1. The members of the board may meet at such times and at

46-23 such places as may be specified by the call of the chairman or a majority of

46-24 the board and a meeting of the board may be held regularly at least once

46-25 every 3 months. In case of an emergency, special meetings may be called

46-26 by the chairman or by the [administrator.] director.

46-27 2. Six members of the board constitute a quorum. A quorum may

46-28 exercise all the authority conferred on the board.

46-29 3. Minutes of each meeting, regular or special, must be filed with the

46-30 [division] department and are public records.

46-31 Sec. 119. NRS 561.105 is hereby amended to read as follows:

46-32 561.105 1. The board [shall:

46-33 (a) Be] :

46-34 (a) Must be informed on and interested in the entire field of legislation

46-35 and administration charged to the [division.

46-36 (b) Report] department.

46-37 (b) Shall report to the governor and legislature on all matters which it

46-38 deems [pertinent] relevant to the [division,] department, and concerning

46-39 any specific matters previously requested by the governor.

46-40 (c) [Advise] Shall advise and make recommendations to the governor or

46-41 the legislature [relative] relating to the policies of the state concerning

46-42 livestock and agriculture.

46-43 (d) [Formulate] Shall establish the policy of the [division.

47-1 (e) Adopt] department.

47-2 (e) Shall adopt such regulations as it deems necessary for the operation

47-3 of the [division] department and for carrying out the provisions of the laws

47-4 and programs administered by the [division.] department.

47-5 2. The board shall prescribe rules for its [own] management and

47-6 government.

47-7 Sec. 120. NRS 561.115 is hereby amended to read as follows:

47-8 561.115 The [administrator must be:

47-9 1. Appointed] director:

47-10 1. Must be appointed by the board with the approval of the [director of

47-11 the department of business and industry.

47-12 2. In] governor.

47-13 2. Is in the unclassified service [.] of the state.

47-14 Sec. 121. NRS 561.125 is hereby amended to read as follows:

47-15 561.125 The [administrator] director must be a graduate [from] of an

47-16 accredited college or university and have at least 5 years’ experience in

47-17 official agricultural or livestock regulatory work, public administration,

47-18 accounting or business administration.

47-19 Sec. 122. NRS 561.135 is hereby amended to read as follows:

47-20 561.135 The salary of the [administrator] director may be apportioned

47-21 and paid from any money available to the [division] department unless

47-22 otherwise provided by specific statute.

47-23 Sec. 123. NRS 561.145 is hereby amended to read as follows:

47-24 561.145 1. The [administrator] director shall direct and supervise all

47-25 administrative and technical activities of the [division,] department, and all

47-26 programs administered by the [division] department as provided by law.

47-27 Except as otherwise provided in NRS 284.143, the [administrator] director

47-28 shall devote his entire time to the duties of his office, and shall follow no

47-29 other gainful employment or occupation.

47-30 2. The [administrator] director may, within such limitations as may be

47-31 provided by law, organize the [division into various bureaus] department

47-32 into divisions and, from time to time, alter [such] that organization and

47-33 reassign responsibilities and duties as he may deem appropriate.

47-34 3. The [administrator] director shall:

47-35 (a) Coordinate the activities of the [various bureaus] divisions of the

47-36 department.

47-37 (b) Report to the board upon all matters pertaining to the administration

47-38 of the [division.] department.

47-39 (c) Submit a biennial report to the governor, the legislature and the

47-40 board of the work of the [division,] department, with recommendations that

47-41 he may deem necessary. The report must set forth the facts relating to the

47-42 condition of the livestock, agriculture and related industries in the State of

47-43 Nevada.

48-1 Sec. 124. NRS 561.146 is hereby amended to read as follows:

48-2 561.146 1. Whenever the [administrator] director is authorized or

48-3 required by law to conduct a hearing, he may issue subpoenas requiring the

48-4 attendance of witnesses before him, together with all books, memoranda,

48-5 papers and other documents [relative] relating to the matters for which the

48-6 hearing is called, and take depositions within or without the state, as the

48-7 circumstances of the case may require.

48-8 2. The district court in and for the county in which any hearing is being

48-9 conducted by the [administrator] director may compel the attendance of

48-10 witnesses, the giving of testimony and the production of books and papers

48-11 as required by any subpoena issued by the [administrator.] director.

48-12 3. In case of the refusal of any witness to attend or testify or produce

48-13 any papers required by the subpoena , the [administrator] director may

48-14 report to the district court in and for the county in which the hearing is

48-15 pending by petition, setting forth:

48-16 (a) That [due] notice has been given of the time and place of attendance

48-17 of the witness or the production of the books and papers;

48-18 (b) That the witness has been subpoenaed in the manner prescribed in

48-19 this section; and

48-20 (c) That the witness has failed and refused to attend or produce the

48-21 papers required by subpoena before the [administrator] director in the

48-22 hearing named in the subpoena, or has refused to answer questions

48-23 propounded to him in the course of [such] the hearing,

48-24 and asking an order of the court compelling the witness to attend and testify

48-25 or produce the books or papers before the [administrator.] director.

48-26 4. The court, upon petition of the [administrator,] director, shall enter

48-27 an order directing the witness to appear before the court at a time and place

48-28 to be fixed by the court in the order, the time to be not more than 10 days

48-29 after the date of the order, and then and there show cause why he has not

48-30 attended or testified or produced the books or papers before the

48-31 [administrator.] director. A certified copy of the order must be served upon

48-32 the witness. If it appears to the court that the subpoena was regularly issued

48-33 by the [administrator,] director, the court may thereupon enter an order that

48-34 the witness appear before the [administrator] director at the time and place

48-35 fixed in the order and testify or produce the required books or papers, and

48-36 upon failure to obey the order the witness must be dealt with as for

48-37 contempt of court.

48-38 Sec. 125. NRS 561.147 is hereby amended to read as follows:

48-39 561.147 If any feed, grain, hay, machinery or other article is found to

48-40 be infested with, or the possible carrier of, the propagating parts of any

48-41 noxious weed, injurious insect pest or plant disease, and the [administrator]

48-42 director determines that movement of the article into any area of the state

48-43 will be damaging or will jeopardize the agricultural industry of the area, the

49-1 [administrator] director may prohibit or restrict movement of the infested

49-2 article or [he] may prescribe treatment to devitalize or sterilize the infested

49-3 article.

49-4 Sec. 126. NRS 561.148 is hereby amended to read as follows:

49-5 561.148 The [administrator] director may participate in the

49-6 investigation and prosecution of any suspected theft, mutilation or

49-7 malicious destruction of livestock, and may temporarily stop the movement

49-8 of livestock and carcasses for [purposes] the purpose of inspection.

49-9 Sec. 127. NRS 561.149 is hereby amended to read as follows:

49-10 561.149 In all cases where the [administrator] director is required or

49-11 authorized by law to proceed upon a verified complaint, he, or his deputy

49-12 so authorized by him, may take depositions, within or without the state, as

49-13 the circumstances of the case may require.

49-14 Sec. 128. NRS 561.153 is hereby amended to read as follows:

49-15 561.153 The [administrator] director may by regulation adopt such

49-16 procedures as he may deem appropriate for the billing or collection of fees

49-17 for any service rendered by the department under Titles 49, 50 and 51 of

49-18 NRS for which fees are collectible.

49-19 Sec. 129. NRS 561.155 is hereby amended to read as follows:

49-20 561.155 The [administrator] director is hereby designated and

49-21 appointed ex officio state sealer of weights and measures, and shall carry

49-22 out all the duties of the state sealer of weights and measures as provided by

49-23 law.

49-24 Sec. 130. NRS 561.165 is hereby amended to read as follows:

49-25 561.165 The [administrator] director is hereby designated and

49-26 appointed ex officio state quarantine officer, and shall carry out all the

49-27 duties of the state quarantine officer as provided by law.

49-28 Sec. 131. NRS 561.185 is hereby amended to read as follows:

49-29 561.185 The [administrator] director may designate an employee [or

49-30 employees] of the [division] department to act as his deputy . [or deputies.]

49-31 In case of the absence of the [administrator,] director, or his inability from

49-32 any cause to discharge the powers and duties of his office, [such] those

49-33 powers and duties devolve upon his deputy . [or deputies.]

49-34 Sec. 132. NRS 561.205 is hereby amended to read as follows:

49-35 561.205 The [administrator] director shall appoint a person to manage

49-36 the activities of the [division pertaining] department relating to the

49-37 protection and promotion of the livestock industry of the State of Nevada.

49-38 The person is in the unclassified service of the state and must [be] :

49-39 1. Be appointed on the basis of merit [and is in the unclassified service.

49-40 He must be] ;

49-41 2. Be a graduate of a veterinary school or college approved by the

49-42 American Veterinary Medical Association [, and have] ; and

50-1 3. Have at least 5 years’ experience in official work for regulating and

50-2 controlling diseases in livestock.

50-3 The [administrator] director may remove the person from office with the

50-4 approval of the board.

50-5 Sec. 133. NRS 561.209 is hereby amended to read as follows:

50-6 561.209 The [administrator] director shall appoint a person to manage

50-7 the activities of the [division pertaining] department relating to brands and

50-8 marks and brand inspection in the State of Nevada. The person must be

50-9 appointed on the basis of merit [,] and is in the unclassified service [. The

50-10 administrator] of the state. The director may remove the person from office

50-11 with the approval of the board.

50-12 Sec. 134. NRS 561.214 is hereby amended to read as follows:

50-13 561.214 The [administrator] director shall appoint a person to manage

50-14 the activities of the [division pertaining] department relating to the

50-15 protection and promotion of the agricultural industry of the State of

50-16 Nevada. The person is in the unclassified service of the state and must

50-17 [be] :

50-18 1. Be appointed on the basis of merit [and is in the unclassified service.

50-19 He must be] ;

50-20 2. Be a graduate of an accredited college or university with a major in

50-21 one of the agricultural sciences [, and have] ; and

50-22 3. Have at least 5 years’ experience in official work for regulating

50-23 agriculture.

50-24 The [administrator] director may remove the person from office with the

50-25 approval of the board.

50-26 Sec. 135. NRS 561.218 is hereby amended to read as follows:

50-27 561.218 1. The [administrator] director shall appoint a person to

50-28 manage the activities of the [division pertaining] department relating to

50-29 natural resources, land use planning and the management and control of

50-30 wild horses and estrays. The person must be appointed on the basis of merit

50-31 and is in the unclassified service [. The administrator] of the state. The

50-32 director may remove the person from office with the approval of the board.

50-33 2. The person appointed shall:

50-34 (a) Establish and carry out a policy for the management and control of

50-35 estrays and the preservation and allocation of natural resources necessary to

50-36 advance and protect the livestock and agricultural industries in this state.

50-37 (b) Develop cooperative agreements and working relationships with

50-38 federal and state agencies and local governments for land use planning and

50-39 the preservation and allocation of natural resources necessary to advance

50-40 and protect the livestock and agricultural industries in this state.

50-41 (c) Cooperate with private organizations and governmental agencies to

50-42 develop procedures and policies for the management and control of wild

50-43 horses.

51-1 (d) Monitor gatherings of estrays conducted pursuant to the provisions

51-2 of NRS 569.040 to 569.130, inclusive, and assist district brand inspectors

51-3 in identifying estrays before they are sold or given a placement or other

51-4 disposition through a cooperative agreement established pursuant to NRS

51-5 569.031.

51-6 (e) Provide the members of the general public with information relating

51-7 to the activities of the [division] department and solicit recommendations

51-8 from the members of the general public and advisory groups concerning

51-9 those activities.

51-10 (f) Make assessments of the level of competition between livestock and

51-11 wildlife for food and water, collect data concerning the movement of

51-12 livestock and perform activities necessary to control noxious weeds.

51-13 (g) Participate in land use planning relating to the competition for food

51-14 and water between livestock and wildlife to ensure the maintenance of the

51-15 habitat of both livestock and wildlife.

51-16 (h) Present testimony, conduct research and prepare reports for the

51-17 governor, the legislature, the [administrator] director and any other person

51-18 or governmental entity as directed by the [administrator.] director.

51-19 (i) Develop and carry out a program to educate the members of the

51-20 general public concerning the [various] programs administered by the

51-21 [division,] department, including programs for the management and control

51-22 of estrays.

51-23 (j) Make proposals to the [administrator] director for the amendment of

51-24 the regulations adopted by the board pursuant to NRS 561.105.

51-25 (k) Perform such other duties as directed by the [administrator.]

51-26 director.

51-27 3. As used in this section:

51-28 (a) "Estray" has the meaning ascribed to it in NRS 569.005.

51-29 (b) "Wild horse" has the meaning ascribed to it in NRS 504.430.

51-30 Sec. 136. NRS 561.225 is hereby amended to read as follows:

51-31 561.225 1. The [administrator] director shall appoint such technical,

51-32 clerical and operational staff as the execution of his duties and the

51-33 operation of the [division] department may require.

51-34 2. The [administrator] director may designate such [division]

51-35 department personnel as are required to be field agents and inspectors in

51-36 the enforcement of the provisions of Titles 49 and 50 of NRS. [Nothing in]

51-37 The provisions of this subsection [authorizes any division] do not

51-38 authorize any department personnel so designated by the [administrator]

51-39 director to retire from the public employees’ retirement system before

51-40 having attained the minimum service retirement age of 60 years.

52-1 Sec. 137. NRS 561.235 is hereby amended to read as follows:

52-2 561.235 1. The [division] department shall maintain a principal

52-3 office and may maintain district or branch offices throughout the state if

52-4 they are necessary for the efficient operation of the [division.] department.

52-5 2. The [administrator] director shall select the location of those offices

52-6 and may enter into such leases or other agreements as may be necessary to

52-7 establish them. The leases or agreements must be executed in cooperation

52-8 with the buildings and grounds division of the department of administration

52-9 and in accordance with the provisions of NRS 331.110.

52-10 Sec. 138. NRS 561.245 is hereby amended to read as follows:

52-11 561.245 In the administration of various programs by the [division]

52-12 department as provided by law, the [division] department may cooperate,

52-13 financially or otherwise, and execute contracts or agreements with the

52-14 Federal Government or any federal department or agency, any other state

52-15 department or agency, a county, a city, a public district or any political

52-16 subdivision of this state, a public or private corporation, a natural person,

52-17 or a group of natural persons, but such cooperation does not [of itself]

52-18 relieve any person, department, agency, corporation or political subdivision

52-19 of any responsibility or liability existing under any provision of law.

52-20 Sec. 139. NRS 561.247 is hereby amended to read as follows:

52-21 561.247 1. The [division] department shall adopt regulations

52-22 necessary to establish an agricultural loan mediation program that complies

52-23 with the requirements of 7 U.S.C. § 5101(c) for certification by the

52-24 Secretary of Agriculture. The [division] department shall establish fees to

52-25 be charged by [the division] it for participation in the program. The amount

52-26 of the fees must be sufficient to cover the costs of administering the

52-27 program.

52-28 2. The [division] department shall administer the program established

52-29 pursuant to subsection 1.

52-30 Sec. 140. NRS 561.255 is hereby amended to read as follows:

52-31 561.255 1. The [division] department may accept, for programs

52-32 administered by [the division,] it, any money or other contribution which is

52-33 made available by:

52-34 (a) Any Act of the Congress of the United States;

52-35 (b) A county, city, public district or any political subdivision of this

52-36 state; or

52-37 (c) A public or private corporation or association or by any person.

52-38 2. Any money or other contribution accepted by the [division]

52-39 department under the provisions of this section must be deposited with the

52-40 state treasurer for credit to the appropriate fund and used [in] for a program

52-41 of the [division.] department.

53-1 Sec. 141. NRS 561.275 is hereby amended to read as follows:

53-2 561.275 1. The [division] department may exhibit and display

53-3 property, objects, articles, things, livestock and commodities at exhibits,

53-4 fairs, expositions and places of public or private exhibition.

53-5 2. The [division] department may negotiate, consult with and agree

53-6 with institutions, departments, officers, persons and corporations of and in

53-7 the State of Nevada and elsewhere concerning quarters for and the

53-8 preservation, care, transportation, storing, custody, display and exhibition

53-9 of property, objects, articles, things, livestock and commodities, and

53-10 concerning the terms and cost thereof, the manner, time, place and extent

53-11 thereof, and the return thereof.

53-12 Sec. 142. NRS 561.285 is hereby amended to read as follows:

53-13 561.285 The [division] department may collect and disseminate,

53-14 throughout the state, information calculated to educate and benefit the

53-15 livestock and agricultural industries of the State of Nevada, and information

53-16 pertaining to any program administered by the [division.] department.

53-17 Sec. 143. NRS 561.295 is hereby amended to read as follows:

53-18 561.295 1. The [administrator] director may issue and enforce a

53-19 written hold order to the owner or custodian of any agricultural commodity,

53-20 livestock, livestock product, appliance, material or article which he finds is

53-21 in violation of any of the provisions of law administered by the [division]

53-22 department or which he finds to be infested with a pest or infected with a

53-23 disease. [Such] The order may prohibit further sale or movement or require

53-24 that the agricultural commodity, livestock, livestock product, appliance,

53-25 material or article to be held on the premises or at a designated premise

53-26 until the [administrator] director has evidence that the [hold] order has

53-27 been complied with, and upon compliance , the order must be dissolved.

53-28 2. It is unlawful to move or otherwise dispose of any agricultural

53-29 commodity, livestock, livestock product, appliance, material or article

53-30 except with the permission of the [administrator] director and for the

53-31 purposes specified therein. Upon demand, the owner or custodian of [such]

53-32 the agricultural commodity, livestock, livestock product, appliance,

53-33 material or article has the right to a hearing before the [administrator]

53-34 director relative to the justification of any such order. The provisions of

53-35 this section do not limit the right of the [division] department to proceed as

53-36 authorized by law. Any decision of the [administrator] director issued in

53-37 accordance with this section is subject to review by any court of competent

53-38 jurisdiction.

53-39 Sec. 144. NRS 561.301 is hereby amended to read as follows:

53-40 561.301 Aquatic agriculture, which includes the propagation,

53-41 cultivation and harvesting of plants indigenous to water in a controlled or

53-42 selected aquatic environment for the commercial production of food, is one

53-43 of the agricultural enterprises conducted in this state. The [division]

54-1 department shall promote, protect and regulate aquatic agriculture to the

54-2 extent that the [division] department is authorized to regulate other forms

54-3 of agriculture and other agricultural products. The [division] department

54-4 shall confer with the division of wildlife of the state department of

54-5 conservation and natural resources regarding aquatic agriculture to prevent

54-6 any adverse effects on existing aquatic animals.

54-7 Sec. 145. NRS 561.305 is hereby amended to read as follows:

54-8 561.305 The [division] department shall establish and maintain a

54-9 laboratory [or laboratories] for the following purposes:

54-10 1. The diagnosis of infectious, contagious and parasitic diseases of

54-11 livestock, as may be necessary under the provisions of chapter 571 of NRS.

54-12 2. The diagnosis of infectious, contagious and parasitic diseases of

54-13 bees, as may be necessary under the provisions of NRS 552.085 to

54-14 552.310, inclusive.

54-15 3. The diagnosis of infectious, contagious and destructive diseases of

54-16 agricultural commodities, and infestations thereof by pests, as may be

54-17 necessary under the provisions of NRS 554.010 to 554.240, inclusive.

54-18 4. The survey and identification of insect pests, plant diseases and

54-19 noxious weeds, and the maintenance of a herbarium, as may be necessary

54-20 under the provisions of NRS 555.010 to 555.249, inclusive.

54-21 5. The testing of pesticides, as may be necessary under the provisions

54-22 of NRS 555.2605 to 555.460, inclusive, and 586.010 to 586.450, inclusive.

54-23 6. The safekeeping and maintenance of official standards of weights

54-24 and measures as may be necessary under the provisions of chapter 581 of

54-25 NRS.

54-26 7. The testing and grading of agricultural products and the testing of

54-27 the purity and germinating power of agricultural seeds and the testing of the

54-28 spray residue contained in produce, as may be necessary under the

54-29 provisions of chapter 587 of NRS.

54-30 8. The analysis and testing of commercial fertilizers and agricultural

54-31 minerals as may be necessary under the provisions of NRS 588.010 to

54-32 588.350, inclusive.

54-33 9. The analysis and testing of petroleum products, as may be necessary

54-34 under the provisions of NRS 590.010 to 590.150, inclusive.

54-35 10. The analysis and testing of antifreeze, as may be necessary under

54-36 the provisions of NRS 590.340 to 590.450, inclusive.

54-37 11. Any laboratory examinations, diagnoses, analyses or testing as may

54-38 be deemed necessary by the [administrator] director and which can be

54-39 made with equipment available in any such laboratory. Any [citizen]

54-40 person may submit samples to the [division] department for examination,

54-41 diagnosis, analysis or testing, subject to such rules and regulations as may

54-42 be [promulgated] adopted by the [administrator.] director.

55-1 Sec. 146. NRS 561.315 is hereby amended to read as follows:

55-2 561.315 The [administrator] director may fix the maximum number of

55-3 samples that may be examined, diagnosed, analyzed or tested in the

55-4 department’s laboratory [or laboratories] free of charge for any one natural

55-5 person, group or corporation in any one period, and may fix reasonable fees

55-6 for samples submitted in excess of those tested free of charge.

55-7 Sec. 147. NRS 561.325 is hereby amended to read as follows:

55-8 561.325 1. The [division] department may offer a standing reward,

55-9 or a reward for each class of livestock, not to exceed $1,500, for

55-10 information leading to the arrest and conviction of each person engaged in

55-11 stealing livestock . [, the reward to] The reward must be paid to the person

55-12 [or persons giving] who provides the information leading to the arrest and

55-13 conviction of [such person or persons] the person immediately upon the

55-14 conviction of the person [or persons] so arrested.

55-15 2. The [administrator may promulgate] director may establish such

55-16 further conditions and rules [pertaining] relating to the offering of such

55-17 rewards and the payments thereof as he may deem proper.

55-18 Sec. 148. NRS 561.335 is hereby amended to read as follows:

55-19 561.335 1. The revolving account for agriculture working capital in

55-20 the amount of $10,000 is hereby created for the use of the [division.]

55-21 department.

55-22 2. The account must be used specifically for carrying out the

55-23 provisions of NRS 569.010 to 569.080, inclusive, and 569.100 to 569.130,

55-24 inclusive.

55-25 3. The account may be used for:

55-26 (a) Paying the expenses of all programs and laws administered by the

55-27 [division,] department, except expenses related to estrays which are

55-28 required to be paid pursuant to NRS 569.090. The account must be

55-29 reimbursed promptly from the proper funds in the state treasury by claims

55-30 paid as other claims against the state are paid for any expenses paid

55-31 pursuant to this paragraph.

55-32 (b) Providing advance money to officers and employees of the [division]

55-33 department for travel expenses and subsistence allowances arising out of

55-34 their official duties or employment. Such an advance constitutes a lien in

55-35 favor of the [division] department upon the accrued wages of the

55-36 requesting officer or employee in an amount equal to the sum advanced, but

55-37 the [administrator] director may advance more than the amount of the

55-38 accrued wages of the officer or employee. Upon the return of the officer or

55-39 employee, he is entitled to receive any authorized expenses and subsistence

55-40 in excess of the amount advanced, and a sum equal to the advance must be

55-41 paid into the revolving account for agriculture working capital.

56-1 (c) Making grants and loans for any purpose authorized by subsection 2

56-2 of NRS 561.445. Any loan or grant made pursuant to this paragraph must

56-3 be reimbursed promptly, as other claims against the state are paid, from the

56-4 money deposited in the state treasury pursuant to subsection 1 of NRS

56-5 561.445.

56-6 4. The revolving account for agriculture working capital must be

56-7 deposited in a bank qualified to receive deposits of public money and the

56-8 deposit must be secured by a depository bond satisfactory to the state board

56-9 of examiners.

56-10 Sec. 149. NRS 561.344 is hereby amended to read as follows:

56-11 561.344 1. The livestock inspection account is hereby created in the

56-12 state general fund for the use of the [division.] department.

56-13 2. The following special taxes, fees and other money must be deposited

56-14 in the livestock inspection account:

56-15 (a) All special taxes on livestock as provided by law, except the

56-16 assessment collected pursuant to NRS 565.075 and any tax levied pursuant

56-17 to NRS 575.070.

56-18 (b) Fees and other money collected pursuant to the provisions of chapter

56-19 564 of NRS.

56-20 (c) Fees collected pursuant to the provisions of chapter 565 of NRS.

56-21 (d) Unclaimed proceeds from the sale of estrays by the [division]

56-22 department pursuant to NRS 569.010 to 569.130, inclusive, or proceeds

56-23 required to be deposited in the livestock inspection account pursuant to a

56-24 cooperative agreement established pursuant to NRS 569.031.

56-25 (e) Fees collected pursuant to the provisions of chapter 573 of NRS.

56-26 (f) Fees collected pursuant to the provisions of chapter 576 of NRS.

56-27 (g) Laboratory fees collected for the diagnosis of infectious, contagious

56-28 and parasitic diseases of livestock, as authorized by NRS 561.305, and as

56-29 are necessary pursuant to the provisions of chapter 571 of NRS.

56-30 3. Expenditures from the livestock inspection account must be made

56-31 only for carrying out the provisions of this chapter and chapters 564, 569,

56-32 571, 573 and 576 of NRS . [, and the provisions of this chapter.]

56-33 4. The interest and income earned on the money in the livestock

56-34 inspection account, after deducting any applicable charges, must be

56-35 credited to the account.

56-36 Sec. 150. NRS 561.365 is hereby amended to read as follows:

56-37 561.365 1. The apiary inspection account is hereby created in the

56-38 state general fund for the use of the [division.] department.

56-39 2. The following fees must be deposited in the apiary inspection

56-40 account:

56-41 (a) Fees collected pursuant to the provisions of NRS 552.085 to

56-42 552.310, inclusive.

57-1 (b) Laboratory fees collected for the diagnosis of infectious, contagious

57-2 and parasitic diseases of bees, as authorized by NRS 561.305, and as are

57-3 necessary pursuant to the provisions of NRS 552.085 to 552.310, inclusive.

57-4 3. Expenditures from the apiary inspection account must be made only

57-5 [for the purpose of carrying] to carry out the provisions of this chapter and

57-6 chapter 552 of NRS . [and the provisions of this chapter.]

57-7 Sec. 151. NRS 561.375 is hereby amended to read as follows:

57-8 561.375 1. The noxious weed and insect pest control program is

57-9 hereby established.

57-10 2. Money accepted by the [division] department under the provisions

57-11 of NRS 555.010 to 555.460, inclusive, from the Federal Government or

57-12 any federal department or agency, a county, a city, a public district or any

57-13 political subdivision of this state, a public or private corporation, or a

57-14 natural person, may be used in the noxious weed and insect pest control

57-15 program.

57-16 3. Expenditures for the noxious weed and insect pest control program

57-17 may be made only [for the purpose of carrying] to carry out the provisions

57-18 of this chapter and chapter 555 of NRS . [, and the provisions of this

57-19 chapter.]

57-20 Sec. 152. NRS 561.385 is hereby amended to read as follows:

57-21 561.385 1. The agriculture registration and enforcement account is

57-22 hereby created in the state general fund for the use of the [division.]

57-23 department.

57-24 2. The following fees must be deposited in the agriculture registration

57-25 and enforcement account:

57-26 (a) Fees collected pursuant to the provisions of NRS 586.010 to

57-27 586.450, inclusive.

57-28 (b) Fees collected pursuant to the provisions of NRS 588.010 to

57-29 588.350, inclusive.

57-30 (c) Fees collected pursuant to the provisions of NRS 590.340 to

57-31 590.450, inclusive.

57-32 (d) Laboratory fees collected for the testing of pesticides as authorized

57-33 by NRS 561.305, and as are necessary pursuant to the provisions of NRS

57-34 555.2605 to 555.460, inclusive, and 586.010 to 586.450, inclusive.

57-35 (e) Laboratory fees collected for the analysis and testing of commercial

57-36 fertilizers and agricultural minerals, as authorized by NRS 561.305, and as

57-37 are necessary pursuant to the provisions of NRS 588.010 to 588.350,

57-38 inclusive.

57-39 (f) Laboratory fees collected for the analysis and testing of petroleum

57-40 products, as authorized by NRS 561.305, and as are necessary pursuant to

57-41 the provisions of NRS 590.010 to 590.150, inclusive.

58-1 (g) Laboratory fees collected for the analysis and testing of antifreeze,

58-2 as authorized by NRS 561.305, and as are necessary pursuant to the

58-3 provisions of NRS 590.340 to 590.450, inclusive.

58-4 3. Expenditures from the agriculture registration and enforcement

58-5 account may be made only [for the purposes of carrying] to carry out the

58-6 provisions of this chapter, chapters 586, 588 and 590 of NRS [,] and NRS

58-7 555.2605 to 555.460, inclusive . [, and the provisions of this chapter.]

58-8 Sec. 153. NRS 561.405 is hereby amended to read as follows:

58-9 561.405 The rural rehabilitation fund is hereby created as a special

58-10 revenue fund in the state treasury for the use of the [division] department

58-11 in carrying out the provisions of NRS 561.425 to 561.465, inclusive.

58-12 Sec. 154. NRS 561.409 is hereby amended to read as follows:

58-13 561.409 1. The alfalfa seed research and promotion account is

58-14 hereby created in the state general fund. The proceeds of the special

58-15 assessment levied pursuant to NRS 587.155 must be credited to the alfalfa

58-16 seed research and promotion account and all refunds made pursuant to NRS

58-17 587.155 must be paid from the alfalfa seed research and promotion

58-18 account.

58-19 2. Expenditures from the alfalfa seed research and promotion account

58-20 may be made only for:

58-21 (a) Alfalfa seed research and marketing promotion programs;

58-22 (b) Administrative, per diem and travel expenses of the alfalfa seed

58-23 advisory board; and

58-24 (c) Reimbursement to the [division] department for administrative

58-25 expenses of the [division,] department, not to exceed 5 percent of the

58-26 assessments collected.

58-27 Sec. 155. NRS 561.415 is hereby amended to read as follows:

58-28 561.415 1. Money to carry out the provisions of this chapter and to

58-29 support the [division] department and the [various] programs administered

58-30 by it, may be provided by direct legislative appropriation from the general

58-31 fund.

58-32 2. All money in any fund in the state treasury available to the [division]

58-33 department must be paid out on claims approved by the [administrator]

58-34 director as other claims against the state are paid.

58-35 3. All money in the revolving account for agriculture working capital

58-36 must be paid out by checks signed by the [administrator] director and by a

58-37 deputy, or by two deputies designated by him for [the] that purpose.

58-38 Sec. 156. NRS 561.421 is hereby amended to read as follows:

58-39 561.421 Any field agent, inspector, or other officer or employee of the

58-40 [division,] department, who collects currency in payment of any taxes,

58-41 assessments, proceeds of sale, fees or other charges imposed pursuant to

59-1 the provisions of this Title in an area of the state so remote that the

59-2 currency can only be transmitted to the [division] department by mail, may

59-3 mail a check in lieu of the amount collected in currency.

59-4 Sec. 157. NRS 561.423 is hereby amended to read as follows:

59-5 561.423 1. The garlic and onion research and promotion account is

59-6 hereby created in the state general fund. The proceeds of the special

59-7 assessment levied pursuant to NRS 556.070 must be credited to the account

59-8 and all refunds made pursuant to NRS 556.070 must be paid from the

59-9 account.

59-10 2. Expenditures from the account may be made only for:

59-11 (a) Garlic and onion research programs and marketing-promotion

59-12 programs;

59-13 (b) Administrative, per diem and travel expenses of the garlic and onion

59-14 growers’ advisory board; and

59-15 (c) Reimbursement to the [division] department for administrative

59-16 expenses of the [division,] department, not to exceed 5 percent of the

59-17 assessments collected.

59-18 Sec. 158. NRS 561.425 is hereby amended to read as follows:

59-19 561.425 The [division is designated and empowered to] department

59-20 may act as the agency of and [in] on behalf of and for the State of Nevada

59-21 to make application to and to receive from the Secretary of Agriculture of

59-22 the United States, or any other federal [official] officer properly authorized

59-23 by the Federal Government and pursuant and subject to the provisions of

59-24 that certain Act of Congress, approved May 3, 1950, entitled "An Act to

59-25 provide for the liquidation of the trust under the transfer agreements with

59-26 the state rural rehabilitation corporations, and for other purposes," being c.

59-27 152, 64 Stat. 98, 40 U.S.C. §§ 440 to 444, inclusive, the trust assets, either

59-28 [funds] money or property, held by the United States as trustee for and in

59-29 behalf of the defunct Nevada rural rehabilitation corporation.

59-30 Sec. 159. NRS 561.435 is hereby amended to read as follows:

59-31 561.435 The [division] department may:

59-32 1. Enter into agreements with the Secretary of Agriculture of the

59-33 United States pursuant to section 2(f) of c. 152, 64 Stat. 98, 40 U.S.C. §

59-34 440(f), upon such terms and conditions and for such periods [of time] as

59-35 may be mutually agreeable, authorizing the Secretary of Agriculture of the

59-36 United States to accept, administer, expend and use in the State of Nevada

59-37 all or any part of [such] those trust assets or any other money of the State of

59-38 Nevada which may be appropriated for such uses for carrying out the

59-39 purposes of the applicable provisions of the Bankhead-Jones Farm Tenant

59-40 Act, being 7 U.S.C. §§ 1000 to 1031, inclusive, as [the same] it is now or

59-41 hereafter may be amended.

59-42 2. Do [any and all things] anything necessary to [effectuate and] carry

59-43 out the purposes of [such] those agreements.

60-1 Sec. 160. NRS 561.445 is hereby amended to read as follows:

60-2 561.445 1. Notwithstanding any other provisions of law, the money

60-3 and [the] proceeds of the trust assets which are not authorized to be

60-4 administered by the Secretary of Agriculture of the United States under the

60-5 provisions of NRS 561.435 must be received by the [division] department

60-6 and by it forthwith deposited with the state treasurer.

60-7 2. Such money is hereby appropriated and may be expended or

60-8 obligated by the [division] department for the purposes of NRS 561.435 or

60-9 for use by the [division] department for such of the rural rehabilitation

60-10 purposes permissible under the charter of the now defunct Nevada rural

60-11 rehabilitation corporation as may from time to time be agreed upon by the

60-12 [division] department and the Secretary of Agriculture of the United States,

60-13 subject to the applicable provisions of c. 152, 64 Stat. 98, 40 U.S.C. §§ 440

60-14 to 444, inclusive, and the applicable provisions of the Bankhead-Jones

60-15 Farm Tenant Act.

60-16 Sec. 161. NRS 561.455 is hereby amended to read as follows:

60-17 561.455 1. The [division] department may:

60-18 (a) Collect, compromise, adjust or cancel claims and obligations arising

60-19 out of or administered under the provisions of NRS 561.425 to 561.465,

60-20 inclusive, or under any mortgage, lease, contract or agreement entered into

60-21 or administered pursuant to NRS 561.425 to 561.465, inclusive, and, if in

60-22 its judgment necessary and advisable, pursue the [same] claims and

60-23 obligations to final collection in any court having jurisdiction.

60-24 (b) Bid for and purchase at any execution, foreclosure or other sale, or

60-25 otherwise acquire property upon which the [division] department has a lien

60-26 [by reason] because of a judgment or execution, or which is pledged,

60-27 mortgaged, conveyed or which otherwise secures any loan or other

60-28 indebtedness owing to or acquired by the [division] department pursuant to

60-29 NRS 561.425 to 561.465, inclusive.

60-30 (c) Accept title to any property so purchased or acquired for and [in] on

60-31 behalf of the state and may operate or lease [such] the property for such

60-32 period as may be deemed necessary to protect the investment therein, and

60-33 may sell or otherwise dispose of [such] the property in a manner consistent

60-34 with the provisions of NRS 561.425 to 561.465, inclusive.

60-35 2. The authority [herein] contained in this section may be delegated to

60-36 the Secretary of Agriculture of the United States with respect to money or

60-37 assets authorized to be administered and used by him under agreements

60-38 entered into pursuant to NRS 561.435.

60-39 Sec. 162. NRS 561.465 is hereby amended to read as follows:

60-40 561.465 The United States, and the Secretary of Agriculture thereof,

60-41 must be held free from liability [by virtue] as a result of the transfer of the

60-42 assets to the [division] department pursuant to NRS 561.425 to 561.465,

60-43 inclusive.

61-1 Sec. 163. NRS 562.060 is hereby amended to read as follows:

61-2 562.060 The state board of sheep commissioners, consisting of three

61-3 members appointed by the governor, is hereby created [.] within the state

61-4 department of agriculture.

61-5 Sec. 164. NRS 562.130 is hereby amended to read as follows:

61-6 562.130 The board may:

61-7 1. Employ a secretary and such inspectors and other employees as it

61-8 may find necessary [in carrying] to carry out the provisions of this chapter.

61-9 2. Prescribe the duties and fix the compensation and travel and

61-10 subsistence expenses of its employees and volunteers.

61-11 3. Require such bonds from its inspectors as [the board sees fit.] it

61-12 determines necessary.

61-13 4. Request the [administrator] director of the [division] state

61-14 department of agriculture [of the department of business and industry] to

61-15 designate, pursuant to NRS 561.225, one or more employees of the

61-16 [division] department to issue sheep permits and act as sheep inspectors

61-17 [when] if the board and its inspectors are unable to do so.

61-18 Sec. 165. NRS 562.390 is hereby amended to read as follows:

61-19 562.390 1. All sheep or bucks imported to Nevada from any state,

61-20 territory or the District of Columbia or from any foreign country must,

61-21 upon entering the state, irrespective of the time of entry, be dipped as

61-22 required by and under the supervision of an inspector of the board. After

61-23 the dipping, if the sheep or bucks are free of disease, they must be released

61-24 and thereupon become subject to the laws, rules and regulations governing

61-25 other sheep in the state.

61-26 2. [When] If sheep, other than bucks, are imported, transported or

61-27 driven into the State of Nevada from any other state or territory, the District

61-28 of Columbia or from any foreign country under a permit [from] issued by

61-29 the board or a designated employee of the [division] state department of

61-30 agriculture , [of the department of business and industry,] and the sheep are

61-31 accompanied by a health certificate not more than 10 days old, signed by a

61-32 state veterinarian, deputy state veterinarian, inspector of the Bureau of

61-33 Animal Industry of the United States [,] or any authorized state sheep

61-34 inspector, certifying that the sheep are free from disease and exposure

61-35 thereto and have not been for the preceding 6 months in any district

61-36 infected with sheep scabies, the sheep may be admitted without dipping.

61-37 3. The board [is authorized to] may take charge of and dip as soon as

61-38 possible any sheep and bucks imported into the State of Nevada not

61-39 previously dipped in Nevada as required by this section, and the expenses

61-40 for so doing must be paid by the owner of the sheep or bucks and constitute

61-41 a lien upon the sheep or bucks until paid.

62-1 4. Any person, [firm or corporation,] or any servant, agent or employee

62-2 thereof, who [is the owner] owns or is in charge or control of any sheep or

62-3 bucks imported into the State of Nevada [, violating] and who violates the

62-4 provisions [or the dipping requirements] of this section [,] is guilty of a

62-5 gross misdemeanor.

62-6 Sec. 166. NRS 562.410 is hereby amended to read as follows:

62-7 562.410 1. Any person, [company, corporation or association,] or

62-8 any agent, servant or employee thereof, desiring to move his [or their]

62-9 sheep which are not sound, [or] which are infected with scabies or any

62-10 infectious or contagious disease, or which have been exposed in any

62-11 manner to any such infection or disease [,] must obtain from the member of

62-12 the board supervising the district or from a designated employee of the

62-13 [division] state department of agriculture , [of the department of business

62-14 and industry,] a traveling permit. A permit may only be granted [for the

62-15 purpose of moving] to move the sheep to the nearest practicable place

62-16 where they may be treated for the infection or disease, and by such routes

62-17 as the member of the board or the employee of the [division] department

62-18 designates.

62-19 2. [No such sheep may] A sheep specified in subsection 1 must not be

62-20 moved until a permit has been obtained.

62-21 3. The board may, by regulation, authorize an inspector to issue

62-22 traveling permits.

62-23 4. Any person, [company, corporation or association,] or agent, servant

62-24 or employee thereof, who violates the provisions of this section is guilty of

62-25 a gross misdemeanor.

62-26 Sec. 167. NRS 562.430 is hereby amended to read as follows:

62-27 562.430 1. [No] A sheep may not be brought into Nevada from any

62-28 point outside [thereof] this state unless a permit has been issued by the

62-29 board or a designated employee of the [division] state department of

62-30 agriculture [of the department of business and industry authorizing their]

62-31 authorizing the entry of the sheep and the terms of the permit have been

62-32 complied with . [in all particulars.]

62-33 2. The permit must accompany the lot or shipment of sheep [concerned

62-34 and if] to which the permit applies. If the shipment is made by a common

62-35 carrier, the permit must be attached to the waybill or bill of lading.

62-36 3. Sheep or bucks trailing into the state from adjoining states for

62-37 immediate interstate shipments, sheep and bucks grazing along and across

62-38 the state lines, and sheep shipped or moved by any means from any part of

62-39 this state to feed yards in any other part of the state are governed by the

62-40 [rules and regulations of] regulations adopted by the board.

63-1 4. If any person, [company or corporation,] or any agent, servant or

63-2 employee thereof, is convicted of a violation of the provisions of this

63-3 section, the person, [company or corporation,] or the agent, servant or

63-4 employee thereof, shall be punished as provided in NRS 562.560.

63-5 Sec. 168. NRS 563.010 is hereby amended to read as follows:

63-6 563.010 The Nevada junior livestock show board is hereby created [.]

63-7 within the state department of agriculture.

63-8 Sec. 169. NRS 563.151 is hereby amended to read as follows:

63-9 563.151 As used in NRS 563.151 to 563.221, inclusive, unless the

63-10 context otherwise requires:

63-11 1. "Beef" includes beef products and veal products.

63-12 2. "Council" means the Nevada beef council.

63-13 3. "Department" means the state department of agriculture.

63-14 4. "Director" means the director of the department.

63-15 Sec. 170. NRS 563.161 is hereby amended to read as follows:

63-16 563.161 The Nevada beef council, consisting of five members

63-17 appointed by the governor, is hereby created [.] within the department.

63-18 Sec. 171. NRS 563.181 is hereby amended to read as follows:

63-19 563.181 1. The council shall meet at least four times [per] each year

63-20 and at the request of the chairman or a majority of the members.

63-21 2. The council shall operate on the basis of a fiscal year beginning July

63-22 1 and ending June 30.

63-23 3. The council shall furnish an annual report of its activities,

63-24 expenditures and other financial information to the governor and to the

63-25 [administrator of the division of agriculture of the department of business

63-26 and industry.] director.

63-27 Sec. 172. NRS 563.221 is hereby amended to read as follows:

63-28 563.221 1. The [administrator of the division of agriculture of the

63-29 department of business and industry] director shall deposit the money of

63-30 the council with the state treasurer for credit to the account for the

63-31 promotion of beef.

63-32 2. The state treasurer shall disburse the money of the council on the

63-33 order of the council.

63-34 3. Claims against the account for the promotion of beef must be paid as

63-35 other claims against the state are paid.

63-36 Sec. 173. NRS 564.010 is hereby amended to read as follows:

63-37 564.010 As used in this chapter:

63-38 1. ["Administrator" means the administrator of the division.

63-39 2.] "Animals" means:

63-40 (a) All cattle or animals of the bovine species.

63-41 (b) All horses, mules, burros and asses or animals of the equine species.

63-42 (c) All swine or animals of the porcine species.

63-43 (d) All sheep and goats.

64-1 (e) Alternative livestock as defined in NRS 501.003.

64-2 [3. "Division"]

64-3 2. "Department" means the [division] state department of agriculture .

64-4 [of the department of business and industry.]

64-5 3. "Director" means the director of the department.

64-6 Sec. 174. NRS 564.025 is hereby amended to read as follows:

64-7 564.025 1. As used in this section, "open range" means all

64-8 unenclosed lands outside of cities and towns upon which animals by

64-9 custom, license, lease or permit are grazed or permitted to roam.

64-10 2. Except as otherwise provided in subsection 3, every owner of

64-11 animals in this state, who permits his animals to graze upon the open range,

64-12 shall design, adopt and record a brand [or brands,] or a brand and mark [,

64-13 or brands and marks,] and shall brand or brand and mark his animals as

64-14 provided in NRS 564.010 to 564.150, inclusive.

64-15 3. Every owner of animals who brings such animals from another state

64-16 into this state, [which] if the animals have a recorded or registered brand of

64-17 [such] that other state, and who permits [such] those animals to graze upon

64-18 the open range shall [make application] apply to the [division] department

64-19 for a temporary use of [such] the brand. The application must state the

64-20 [duration of time such] period for which the animals will remain in this

64-21 state. The [division] department may grant a temporary use of [such] the

64-22 brand for a designated period , [of time,] which may not exceed the

64-23 [duration of time] period stated in the application, or require a new brand

64-24 or a brand and mark as required by this section.

64-25 4. This section does not apply to animals that are less than 6 months of

64-26 age.

64-27 Sec. 175. NRS 564.030 is hereby amended to read as follows:

64-28 564.030 The [administrator is empowered and authorized to] director

64-29 may carry out the [terms and] provisions of NRS 564.010 to 564.150,

64-30 inclusive, and, for that purpose, [to make such rules and] adopt such

64-31 regulations not inconsistent therewith, and [to] appoint such agents, under

64-32 his direction, as he deems necessary therefor. All [expense] expenses in

64-33 connection therewith must be paid from the livestock inspection account,

64-34 except as otherwise provided in NRS 564.010 to 564.150, inclusive.

64-35 Sec. 176. NRS 564.040 is hereby amended to read as follows:

64-36 564.040 1. Any owner of animals in this state desiring to adopt and

64-37 use thereupon any brand, or brand and mark, or marks, as provided for in

64-38 NRS 564.010 to 564.150, inclusive, shall, before doing so, forward to the

64-39 [division] department an application, on a form approved and provided by

64-40 the [division] department for that purpose, for the recording of [such] the

64-41 brand, or brand and mark or marks, and receive a certificate of recordation

64-42 as provided in NRS 564.010 to 564.150, inclusive.

64-43 2. The application must:

65-1 (a) Include a drawing, exact except as to size, of the brand, together with

65-2 any earmarks or other marks desired or intended to be used therewith, and

65-3 the location upon the animal or animals concerned where [such] the brand

65-4 and earmarks or other marks are desired or intended to be used;

65-5 (b) Include a statement of the kinds of animals upon which the brand or

65-6 brand and mark or marks [is or are to] are used or will be used;

65-7 (c) Include a statement of the approximate boundaries of that part of the

65-8 state within which it is intended to use the [same;] brand, brand and mark

65-9 or marks; and

65-10 (d) Include the full name and address of the applicant.

65-11 3. For the purpose of NRS 564.010 to 564.150, inclusive, the post

65-12 office address included in the application must be considered the legal

65-13 address of the applicant until the [division] department receives from the

65-14 applicant, in writing, a notice of the change of the [same,] address, the

65-15 latest address of record with the [division] department remaining the legal

65-16 address.

65-17 Sec. 177. NRS 564.050 is hereby amended to read as follows:

65-18 564.050 1. Only one brand may be awarded or recorded for each

65-19 owner of animals, except that the owner or owners of separate and distinct

65-20 livestock units may, under the [terms] provisions of NRS 564.010 to

65-21 564.150, inclusive, and within the discretion of the [division,] department,

65-22 record one brand for use in connection with and for each such distinct and

65-23 separate livestock unit.

65-24 2. No brand may be recorded or used which is identical with or, in the

65-25 opinion of the [division,] department, so similar to any brand previously

65-26 recorded and remaining of legal record, or any abandoned brand which has

65-27 not been abandoned for 1 year, as provided in NRS 564.120, [as to be

65-28 liable to] that it may cause confusion as to the identity or ownership of

65-29 animals, or which [can] may be readily used to obliterate or alter any

65-30 legally recorded brand [already in use] that is used in the same area in this

65-31 state.

65-32 3. [Nothing in] The provisions of this section [applies] do not apply to

65-33 the rerecording of any brand [or brands] legally recorded on July 1, 1961,

65-34 and remaining of legal record in this state under the provisions of NRS

65-35 564.010 to 564.150, inclusive, insofar as the legal owners of [such] the

65-36 brand [or brands] on July 1, 1961, are concerned, until July 1, 1976, or to

65-37 brands legally transferred as provided for in NRS 564.110.

65-38 4. After July 1, 1959, [no] an earmark may not be recorded which

65-39 violates the provisions of subsection 3 of NRS 564.020.

65-40 Sec. 178. NRS 564.060 is hereby amended to read as follows:

65-41 564.060 1. Upon receipt of an application, as set forth in NRS

65-42 564.040, the [division] department shall cause the records of previously

65-43 recorded brands, remaining of legal record, or not abandoned for more than

66-1 1 year as provided in NRS 564.120, to be searched and, if the brand

66-2 applied for is recordable under the provisions of NRS 564.050, award the

66-3 brand set forth in the application to the applicant and proceed to record the

66-4 [same,] brand, together with the mark or marks.

66-5 2. In the case of any brand awarded after July 1, 1945, the recording

66-6 certificate issued by the [division] department must define the area within

66-7 this state where the [same] brand may be used, and the position [or

66-8 positions,] on the animal [or animals] concerned, where it may be applied,

66-9 and the use of the brand outside [of such] that area, or its application to

66-10 other positions, without the written approval of the [division] department is

66-11 unlawful.

66-12 3. [No] A brand applied for [may] must not be awarded or recorded

66-13 until after the lapse of 2 legal business days [subsequent to] after the

66-14 receipt of the application for the [same] brand at the established office of

66-15 the [division.] department.

66-16 4. In all cases where, under the terms of NRS 564.010 to 564.150,

66-17 inclusive, the brand or brands and mark or marks applied for cannot legally

66-18 be awarded by the [division] department to the applicant, the applicant

66-19 must promptly be so notified by the [division.] department.

66-20 5. Applications for the awarding and recording of brands or brands and

66-21 marks must take precedence in the chronological order of their receipt at

66-22 the established office of the [division.] department.

66-23 6. The [division may, in its discretion,] department may refuse to

66-24 award or record a brand known to be in use at the time in this state, or in an

66-25 abutting county of an adjoining state, by a person [or persons] other than

66-26 the applicant therefor.

66-27 Sec. 179. NRS 564.070 is hereby amended to read as follows:

66-28 564.070 1. Upon the awarding of a brand or brands as provided in

66-29 NRS 564.010 to 564.150, inclusive, the [division] department shall

66-30 immediately proceed to record the [same.] brand or brands.

66-31 2. [Such] The recording must consist of the transcribing upon a

66-32 suitable and permanent record, which is a public record and prima facie

66-33 evidence of the facts contained [therein,] in the record, designed and

66-34 approved by the [division] department for that purpose, of:

66-35 (a) A facsimile, except as to scale, of the brand or brand and mark or

66-36 marks awarded.

66-37 (b) The location upon the animal [or animals] concerned of the brand or

66-38 brand and mark or marks as awarded.

66-39 (c) The date of application.

66-40 (d) The date of award.

66-41 (e) The district within which the brand or brands and mark or marks [is

66-42 or are intended to] are used or will be used.

67-1 (f) The kind of animals upon which [it is or they are intended to] the

67-2 brand or brands and marks are used or will be used.

67-3 3. The [division] department shall promptly cause to be prepared and

67-4 sent to the person to whom the award is made a certificate containing the

67-5 same entries as those set forth upon the permanent record of the [division]

67-6 department described in subsection 2 and certified to by the [division]

67-7 department or its [duly] authorized agent. [Such a] The certificate has the

67-8 legal status of similar certificates as set forth in NRS 564.090.

67-9 Sec. 180. NRS 564.080 is hereby amended to read as follows:

67-10 564.080 Except as otherwise provided in NRS 564.010 to 564.150,

67-11 inclusive, the [division may, in its discretion, establish fair and reasonable

67-12 charges deemed justified by the division] department may establish and

67-13 collect [the same] reasonable fees for:

67-14 1. The recording of brands or brands and marks;

67-15 2. The rerecording of [the same;] brands or brands and marks;

67-16 3. The recording of instruments transferring ownership of brands or

67-17 brands and marks; or

67-18 4. Certificates of recordation or rerecordation of brands or brands and

67-19 marks.

67-20 Sec. 181. NRS 564.090 is hereby amended to read as follows:

67-21 564.090 All certificates of recordation of brands or brands and marks

67-22 furnished by the [division] department under the provisions of NRS

67-23 564.010 to 564.150, inclusive, are prima facie evidence of the ownership of

67-24 all animals of the kind or kinds and bearing the brand or brands and mark

67-25 or marks specified and as set forth therein, and [such] those certificates

67-26 must be taken as evidence of [such] that ownership in all suits of law or in

67-27 equity, or in any criminal proceedings, [when] if the title to animals in this

67-28 state is involved or proper to be proved.

67-29 Sec. 182. NRS 564.110 is hereby amended to read as follows:

67-30 564.110 1. Any brand or brand and mark or marks [,] awarded and

67-31 recorded and remaining of record in accordance with the terms of NRS

67-32 564.010 to 564.150, inclusive, including those transferred legally as

67-33 provided in this section, are the property of the person [or persons] to

67-34 whom they stand of record as provided in NRS 564.010 to 564.150,

67-35 inclusive, and are subject to sale, assignment, transfer, security agreement

67-36 or lien, devise and descent the same as other personal property.

67-37 2. Instruments of writing evidencing [such] the sale, assignment,

67-38 transfer, security agreement, lien, devise or descent must be in that form, as

67-39 to text, signatures, witnesses, acknowledgments or certifications, required

67-40 by statutes, in the case of the kind of instrument concerned, but the

67-41 [division] department may secure such competent legal advice or rulings,

67-42 and require such supporting evidence as it deems necessary, as to such

68-1 instruments of writing, being in fact, authentic and in [due] legal form,

68-2 before approving and recording [the same,] those instruments of writing as

68-3 provided in NRS 564.010 to 564.150, inclusive.

68-4 3. Instruments in writing evidencing the transfer of ownership of any

68-5 brand or brand and mark or marks must, after approval, be recorded in the

68-6 office of the [division] department in a book to be provided for that

68-7 purpose, and are not legally binding until so approved by the [division]

68-8 department and recorded.

68-9 4. [Recording of such] The recording of those instruments has the

68-10 same force and effect as to third parties as the recording of instruments

68-11 affecting the sale, assignment, transfer, devise or descent of other personal

68-12 property. The original, or a certified copy of any such instrument, may be

68-13 introduced in evidence in the same manner as is provided for similar

68-14 instruments affecting personal property, and the record of [such] the

68-15 instrument or instruments of transfer, or the transcript thereof certified by

68-16 the custodian of [such] the record, may be read in evidence without further

68-17 proof.

68-18 5. [Whenever] If any brand or brand and mark or marks of record, in

68-19 accordance with the [terms] provisions of NRS 564.010 to 564.150,

68-20 inclusive, becomes the subject of, or is included in, any security agreement,

68-21 provisional assignment or legal lien, the secured party, provisional assignee

68-22 or lien holder may notify the [division] department in writing as to the

68-23 existence and conditions of [such] the security agreement, provisional

68-24 assignment or lien. After the receipt of [such] the written notice , the

68-25 [division] department shall not transfer [such] the brand or brand and mark

68-26 or marks, other than to [such] the secured party, provisional assignee or

68-27 lien holder until there is filed with the [division] department satisfactory

68-28 legal evidence that [such] the security agreement, provisional assignment or

68-29 lien has been legally satisfied and removed.

68-30 6. No transfer or change, or partial, joint or complete ownership, of

68-31 any brand under the provisions of this section:

68-32 (a) Grants or recognizes any change in the method or area of its use

68-33 from that authorized at the time of recording, or subsequent thereto but

68-34 before the transfer or change of ownership; or

68-35 (b) Waives or modifies the rerecording requirements set forth in NRS

68-36 564.120.

68-37 Sec. 183. NRS 564.120 is hereby amended to read as follows:

68-38 564.120 1. Any owner of a brand or brand and mark or marks of

68-39 record under the provisions of NRS 564.010 to 564.150, inclusive,

68-40 including brands or marks transferred [under the terms] pursuant to the

68-41 provisions of NRS 564.110, desiring legally to continue the use of the

68-42 [same] brand or brand and mark or marks beyond the prescribed dates

68-43 shall, within 60 days [prior to] before January 1, 1976, and at the end of

69-1 each 4-year period thereafter, [make application] apply to the [division]

69-2 department for the rerecording of the [same.] brand or brand and mark or

69-3 marks.

69-4 2. The application must be made in writing and accompanied by any

69-5 rerecording fee [set] established by the [division in accord] department in

69-6 accordance with the provisions of NRS 564.080.

69-7 3. The [division] department shall notify every owner of a brand or

69-8 brand and mark or marks of legal record in its office, including owners of

69-9 brands and marks transferred under the provisions of NRS 564.110, at least

69-10 60 days [prior to] before January 1, 1976, and January 1 at the end of each

69-11 4-year period thereafter, of his right to rerecord the [same] brand or brand

69-12 and mark or marks as provided in this section. The notice must be in

69-13 writing and [must be] sent by mail to each such owner at his last address of

69-14 record in the office of the [division.] department. The notice is complete at

69-15 the expiration of 60 days [from] after the date of its mailing by the

69-16 [division.] department.

69-17 4. The [division] department may also advertise the approach of any

69-18 rerecording period in such manner and at such times at it deems advisable.

69-19 5. Any [or all] brands or brands and marks for the rerecording of which

69-20 the owners have not applied as provided for in this section by January 1,

69-21 1976, or by January 1 of any 4-year period [succeeding] after that date,

69-22 including all brands and marks of record as transferred as provided in NRS

69-23 564.110, shall be deemed abandoned and no longer of legal record as

69-24 provided for by NRS 564.010 to 564.150, inclusive. Brands or brands and

69-25 marks thus abandoned may not be awarded or recorded by the [division]

69-26 department to persons other than those persons abandoning the [same]

69-27 brands or brands and marks until 1 year [has elapsed from the date of

69-28 such abandonment and the] after the date of the abandonment. The

69-29 awarding and recording of abandoned brands or brands and marks to any

69-30 person must be in [accord] accordance with the [terms] provisions of NRS

69-31 564.010 to 564.150, inclusive.

69-32 6. The [division] department shall furnish the legal owners of any

69-33 brand or brand and mark or marks rerecorded under the provisions of this

69-34 section with a certificate setting forth the fact of [such] the rerecordation.

69-35 7. No new brands may be recorded during the 60 days of a rerecording

69-36 period unless in the opinion of the [administrator] director undue hardship

69-37 would be caused the applicant.

69-38 Sec. 184. NRS 564.130 is hereby amended to read as follows:

69-39 564.130 1. The [division] department may compile and issue books,

69-40 and supplements thereto, containing transcripts of part or all of its records

69-41 of brands and marks, so arranged and indexed as to be suitable for use in

70-1 identifying any brands or marks which may be found in this state on any

70-2 animals, or the hides thereof, and used in compliance with the [terms]

70-3 provisions of NRS 564.010 to 564.150, inclusive.

70-4 2. Copies of the [same] brand books and supplements must be made

70-5 available to any person at a charge to be fixed by the [division,]

70-6 department, but the charge must not be less than the cost of compilation,

70-7 publication and issuance.

70-8 3. Copies of [such] the brand books or supplements may be furnished

70-9 by the [division,] department, without charge, to any public [official]

70-10 officer or other person whose possession of [such] the book or supplements

70-11 will, in the opinion of the [division,] department, serve to promote the

70-12 general welfare.

70-13 Sec. 185. NRS 564.140 is hereby amended to read as follows:

70-14 564.140 1. It is unlawful for the owner [or owners] of any legally

70-15 recorded brand, recorded under the provisions of NRS 564.010 to 564.150,

70-16 inclusive, to use the brand on any position , [or positions,] on any animal ,

70-17 [or animals,] or in any area , [or areas,] other than [those] that authorized in

70-18 writing at the time the brand was recorded, or subsequent thereto, by the

70-19 [division. The division] department. The department may, on the written

70-20 application of the owner [or owners] of any legally recorded brand,

70-21 authorize in writing a change of position [, or new positions] or a new

70-22 position for the application of the brand, or change or enlarge the area in

70-23 which it may be used, if in the opinion of the [division] department the

70-24 change [or changes] in position or area of use will not jeopardize or injure

70-25 the rights or property of the owner [or owners] of any other brand

70-26 remaining of legal record.

70-27 2. Any application for a change in position [, or new positions, or

70-28 changes] or a new position or a change in the area of use as provided in

70-29 subsection 1 must set forth a [valid and] sufficient reason [or reasons] for

70-30 the [same,] change, and the [division] department may require such

70-31 supporting evidence for the [same] change as it deems necessary to

70-32 establish the facts.

70-33 3. It is unlawful for any person to obliterate, disfigure, extend, deface

70-34 or remove from any animal a brand that is recorded pursuant to the

70-35 provisions of NRS 564.010 to 564.150, inclusive.

70-36 Sec. 186. NRS 564.150 is hereby amended to read as follows:

70-37 564.150 Any person violating any of the provisions of NRS 564.010 to

70-38 564.140, inclusive:

70-39 1. Is guilty of a misdemeanor, except that any person who violates the

70-40 provisions of subsection 3 of NRS 564.140 is guilty of a gross

70-41 misdemeanor.

71-1 2. In addition to any criminal penalty, shall pay to the [division]

71-2 department an administrative fine of not more than $1,000 per
71-3 violation.

71-4 If an administrative fine is imposed pursuant to this section, the costs of the

71-5 proceeding, including investigative costs and attorney’s fees, may be

71-6 recovered by the [division.] department.

71-7 Sec. 187. NRS 565.010 is hereby amended to read as follows:

71-8 565.010 As used in this chapter, unless the context otherwise requires

71-9 [otherwise:

71-10 1. "Administrator" means the administrator of the division.

71-11 2.] :

71-12 1. "Animals" means:

71-13 (a) All cattle or animals of the bovine species except dairy breed calves

71-14 under the age of 1 month.

71-15 (b) All horses, mules, burros and asses or animals of the equine species.

71-16 (c) All swine or animals of the porcine species.

71-17 (d) Alternative livestock as defined in NRS 501.003.

71-18 [3.] 2. "Brand inspection" means a careful examination of each animal

71-19 offered for such inspection and an examination of any brands, marks or

71-20 other characteristics thereon.

71-21 [4. "Division"]

71-22 3. "Department" means the [division] state department of agriculture .

71-23 [of the department of business and industry.]

71-24 4. "Director" means the director of the department.

71-25 Sec. 188. NRS 565.030 is hereby amended to read as follows:

71-26 565.030 The [division] department is designated as the authority to

71-27 administer, and carry out and enforce the provisions of, this chapter and

71-28 any [rules and regulations issued thereunder.] regulations adopted

71-29 pursuant thereto.

71-30 Sec. 189. NRS 565.040 is hereby amended to read as follows:

71-31 565.040 1. The [administrator] director may declare any part of this

71-32 state a brand inspection district.

71-33 2. After the creation of any brand inspection district as authorized by

71-34 this chapter , all animals within any such district are subject to brand

71-35 inspection in [accord with the terms] accordance with the provisions of

71-36 this chapter before:

71-37 (a) Consignment for slaughter within any district;

71-38 (b) Any transfer of ownership by sale or otherwise; or

71-39 (c) Removal from the district if the removal is not authorized pursuant

71-40 to a livestock movement permit issued by the [division.

71-41 3. Whenever] department.

71-42 3. If a brand inspection district is created by the [division] department

71-43 pursuant to the provisions of this chapter, the [administrator] director shall

72-1 adopt [and issue] regulations defining the boundaries of the district [,] and

72-2 the fees to be collected for brand inspection [,] and prescribing such other

72-3 [rules or] methods of procedure not inconsistent with the provisions of this

72-4 chapter as he [deems wise.] considers necessary.

72-5 4. Any regulations [issued] adopted pursuant to the provisions of this

72-6 section must be published at least twice in [some] a newspaper having a

72-7 general circulation in the brand inspection district created by the

72-8 regulations, and copies of the regulations must be mailed to all common

72-9 carriers of record with the transportation services authority operating in the

72-10 brand inspection district . [, which] Such publication and notification

72-11 constitutes legal notice of the creation of the brand inspection district. The

72-12 expense of advertising and notification must be paid from the livestock

72-13 inspection account.

72-14 Sec. 190. NRS 565.070 is hereby amended to read as follows:

72-15 565.070 The [division is authorized to] department may levy and

72-16 collect a [reasonably compensatory fee or fees] reasonable fee for brand

72-17 inspection as required under the provisions of this chapter. Any fee [or

72-18 fees] so levied must be collected in the manner prescribed by the

72-19 [administrator.] director.

72-20 Sec. 191. NRS 565.075 is hereby amended to read as follows:

72-21 565.075 The [division] department may collect the assessment

72-22 required pursuant to 7 U.S.C. § 2904 and shall deposit the money collected

72-23 with the state treasurer for credit to the account for the promotion of beef.

72-24 Sec. 192. NRS 565.090 is hereby amended to read as follows:

72-25 565.090 1. Except as otherwise provided in subsections 3 and 6, it is

72-26 unlawful for any person to drive or otherwise remove any animals out of a

72-27 brand inspection district created under the provisions of this chapter until

72-28 the animals have been inspected and a brand inspection clearance

72-29 certificate is issued by the [division] department or a written permit from

72-30 the [division] department has been issued authorizing the movement

72-31 without brand inspection.

72-32 2. Any person contemplating the driving or movement of any animals

72-33 out of a brand inspection district shall notify the [division] department or

72-34 an inspector thereof of his intention, stating:

72-35 (a) The place at which it is proposed to cross the border of the brand

72-36 inspection district with the animals.

72-37 (b) The number and kind of animals.

72-38 (c) The owner of the animals.

72-39 (d) The brands and marks of the animals claimed by each owner and, if

72-40 they are other than the brands and marks legally recorded in the name of

72-41 the owner, information [as to what the claim to] concerning the basis for

72-42 the claim of ownership or legal possession . [is based upon.]

73-1 (e) The date of the proposed movement across the border of the brand

73-2 inspection district and the destination of the movement.

73-3 (f) If a brand inspection is required, a statement [as to] setting forth the

73-4 place where the animals will be held for brand inspection.

73-5 3. [This section does] The provisions of this section do not apply to

73-6 animals whose accustomed range is on both sides of the boundary of any

73-7 brand inspection district but contiguous to that district and which are being

73-8 moved from one portion of the accustomed range to another merely for

73-9 pasturing and grazing thereon.

73-10 4. [All the] The provisions of this section apply at all times to the

73-11 movement of any animals across the Nevada state line to any point outside

73-12 of the State of Nevada, [excepting] except animals whose accustomed

73-13 range is on both sides of the Nevada state line but contiguous thereto and

73-14 which are being moved from one portion to another of the accustomed

73-15 range merely for pasturing and grazing thereon.

73-16 5. In addition to the penalty imposed in NRS 565.170, a person who

73-17 violates the provisions of subsection 1 is:

73-18 (a) For the first violation, subject to an immediate brand inspection of

73-19 the animals by the [division] department and shall reimburse the [division]

73-20 department for its time and mileage and pay the usual fees for the brand

73-21 inspection.

73-22 (b) For the second and any subsequent violation, ineligible for a permit

73-23 to move any livestock without a brand inspection until the state board of

73-24 agriculture is satisfied that any future movement will comply with all

73-25 applicable statutes and regulations.

73-26 6. The [division] department may establish regulations specifying the

73-27 circumstances under which a permit may be issued authorizing the

73-28 movement of livestock without a brand inspection pursuant to this section.

73-29 [Such] The circumstances may include, without limitation, the routine

73-30 movement of horses and bulls within and from this state for the purpose of

73-31 participating in a rodeo.

73-32 Sec. 193. NRS 565.100 is hereby amended to read as follows:

73-33 565.100 It is unlawful for any person to consign for slaughter, or

73-34 slaughter at an approved plant, or transfer ownership of any animals by sale

73-35 or otherwise within any brand inspection district created under the

73-36 provisions of this chapter, until [such] the animals have been inspected by

73-37 an inspector of the [division] department and a brand inspection clearance

73-38 certificate issued covering the [same.] animals.

73-39 Sec. 194. NRS 565.120 is hereby amended to read as follows:

73-40 565.120 1. Upon the completion of brand inspection , the inspector

73-41 of the [division] department shall, except as otherwise provided in this

73-42 chapter, issue a brand inspection clearance certificate on which must be

73-43 entered:

74-1 (a) The name and address of the person [or persons] claiming to own the

74-2 animals.

74-3 (b) The proposed destination of the animals.

74-4 (c) The name and address of the consignee.

74-5 (d) A full description of all the animals inspected, including the number,

74-6 kind, sex, age, color and the brands or brands and marks thereon.

74-7 (e) The amount of the inspection fee or fees collected.

74-8 (f) The signature of the owner or his authorized agent.

74-9 2. One copy of the brand inspection certificate must be delivered to the

74-10 common carrier undertaking to transport [such] the animals out of the

74-11 brand inspection district for attachment to its waybill, or to the person [or

74-12 persons] intending to drive, move or otherwise transport [such] the animals

74-13 out of the brand inspection district other than by common carrier to

74-14 accompany the animals to destination, and one copy must be immediately

74-15 forwarded to the office of the [division.] department.

74-16 Sec. 195. NRS 565.130 is hereby amended to read as follows:

74-17 565.130 1. The [division] department or its [duly] authorized

74-18 inspector shall refuse to issue brand inspection clearance certificates or

74-19 permits to remove animals from a brand inspection district without brand

74-20 inspection as provided in this chapter, subject to brand inspection under the

74-21 provisions of this chapter, not bearing brands or brands and marks of legal

74-22 record in the name of the person [or persons] claiming lawful possession of

74-23 and applying for inspection of [such] the animals, until satisfactory

74-24 evidence of [such] the right to legal possession of the [same] animals and

74-25 shipment or removal from [such] the brand inspection district has been

74-26 supplied to the [division] department or its [duly] authorized inspector.

74-27 2. The [division] department and its [duly] authorized inspector shall

74-28 [also] use all due vigilance to prevent the unlawful removal by any person

74-29 [or persons] of any animals from any brand inspection district [or districts]

74-30 created under the provisions of this chapter.

74-31 Sec. 196. NRS 565.155 is hereby amended to read as follows:

74-32 565.155 In addition to enforcing the provisions of this chapter through

74-33 its inspectors, the [division] department may:

74-34 1. Authorize other peace officers to enforce the provisions of this

74-35 chapter; and

74-36 2. Adopt regulations specifying the procedures for the enforcement of

74-37 the provisions of this chapter by the inspectors of the [division] department

74-38 and other peace officers.

74-39 Sec. 197. NRS 565.160 is hereby amended to read as follows:

74-40 565.160 [Nothing in] The provisions of this chapter [affects] do not

74-41 affect the right of the [division] department conferred by any other law [or

75-1 laws] to inspect any animals for the determination of the ownership thereof,

75-2 or for any other purpose under the provisions of any such other law . [or

75-3 laws.]

75-4 Sec. 198. NRS 565.170 is hereby amended to read as follows:

75-5 565.170 Any person [, firm or corporation] violating any of the

75-6 provisions of this chapter:

75-7 1. Is guilty of a misdemeanor, and upon conviction thereof shall be

75-8 punished as provided by law.

75-9 2. In addition to any criminal penalty, shall pay to the [division]

75-10 department an administrative fine of not more than $1,000 per
75-11 violation.

75-12 If an administrative fine is imposed pursuant to this section, the costs of the

75-13 proceeding, including investigative costs and attorney’s fees, may be

75-14 recovered by the [division.] department.

75-15 Sec. 199. NRS 566.015 is hereby amended to read as follows:

75-16 566.015 As used in this chapter, ["division"] "department" means the

75-17 [division] state department of agriculture . [of the department of business

75-18 and industry.]

75-19 Sec. 200. NRS 566.025 is hereby amended to read as follows:

75-20 566.025 It is unlawful for any person to have in his possession all or

75-21 part of the carcass of any bovine animal unless:

75-22 1. [Such] The animal was slaughtered at a slaughtering establishment

75-23 under a United States Government, state, county or municipal inspection

75-24 system which provides for adequate stamping for identification of all

75-25 carcasses or parts of carcasses before release; or

75-26 2. [Such] The person exhibits to any peace officer authorized by the

75-27 [division] department under NRS 566.035, or to any inspector of the

75-28 [division,] department, on demand : [, either:]

75-29 (a) The hide of the animal from which the carcass was obtained, with

75-30 ears and brands attached without disfiguration or alteration;

75-31 (b) A certificate of inspection or release of the carcass, or of the carcass

75-32 and hide, issued by an inspector of the [division;] department; or

75-33 (c) A bill of sale, memorandum of sale or other document, signed by the

75-34 seller or donor of the meat, showing the name and address of the seller or

75-35 donor.

75-36 Sec. 201. NRS 566.027 is hereby amended to read as follows:

75-37 566.027 Any person who slaughters any cattle, unless [such] the

75-38 animal was slaughtered at a slaughtering establishment under a United

75-39 States Government, state, county or municipal inspection system which

75-40 provides for adequate stamping for identification of all carcasses or parts of

75-41 carcasses before release, shall retain in his possession the hide or hides

75-42 removed from [such] the cattle with the ears and brands attached without

75-43 disfiguration or alteration, for a period of 30 days, unless [such] the hide or

76-1 hides are released pursuant to a certificate of release issued by an inspector

76-2 of the [division. Such] department. The person shall, upon demand within

76-3 [such] that period by any inspector of the [division] department or any

76-4 game warden or peace officer of this state, exhibit the hide or hides of any

76-5 cattle so slaughtered or the certificate of release.

76-6 Sec. 202. NRS 566.035 is hereby amended to read as follows:

76-7 566.035 1. In addition to regular [division inspectors, the division]

76-8 inspectors of the department, the department may authorize and direct any

76-9 [duly] elected or appointed peace officer to conduct the inspection

76-10 provided for in this chapter.

76-11 2. [Such] The peace officer shall conduct the inspection under the

76-12 supervision of the [division.] department.

76-13 Sec. 203. NRS 566.045 is hereby amended to read as follows:

76-14 566.045 Any person who violates any of the provisions of this chapter

76-15 is guilty of a gross misdemeanor and, in addition to any criminal penalty,

76-16 shall pay to the [division] department an administrative fine of not more

76-17 than $1,000 per violation. If an administrative fine is imposed pursuant to

76-18 this section, the costs of the proceeding, including investigative costs and

76-19 attorney’s fees, may be recovered by the [division.] department.

76-20 Sec. 204. NRS 567.020 is hereby amended to read as follows:

76-21 567.020 [For the purpose of controlling] To control predatory animals,

76-22 property-destroying birds and rodents within the State of Nevada, with

76-23 money as may be made available to it by contributions [either by] from

76-24 private or public agencies, or otherwise, [there is hereby created within the

76-25 department of business and industry] the state predatory animal and rodent

76-26 committee [.] is hereby created within the state department of agriculture.

76-27 Sec. 205. NRS 568.040 is hereby amended to read as follows:

76-28 568.040 [For the purpose of directing and guiding] To direct and

76-29 guide the disposition of the range improvement fund of each grazing

76-30 district concerned, in [those manners] the manner most beneficial to the

76-31 stock-raising payers of the grazing fees from which [such] the funds are

76-32 derived and to the counties concerned, there is hereby created within the

76-33 state department of agriculture a state grazing board for each Bureau of

76-34 Land Management grazing district established and existing in Nevada

76-35 under the provisions of the Taylor Grazing Act.

76-36 Sec. 206. NRS 569.005 is hereby amended to read as follows:

76-37 569.005 As used in NRS 569.010 to 569.130, inclusive, unless the

76-38 context otherwise requires:

76-39 1. ["Division"] "Department" means the [division] state department

76-40 of agriculture . [of the department of business and industry.]

76-41 2. "Director" means the director of the department.

77-1 3. "Estray" means any livestock running at large upon public or private

77-2 lands in the State of Nevada, whose owner is unknown in the section where

77-3 the animal is found.

77-4 [3.] 4. "Livestock" means:

77-5 (a) All cattle or animals of the bovine species;

77-6 (b) All horses, mules, burros and asses or animals of the equine species;

77-7 (c) All swine or animals of the porcine species;

77-8 (d) All goats or animals of the caprine species;

77-9 (e) All sheep or animals of the ovine species; and

77-10 (f) All poultry or domesticated fowl or birds.

77-11 Sec. 207. NRS 569.010 is hereby amended to read as follows:

77-12 569.010 1. Except as otherwise provided by law, all estrays within

77-13 this state shall be deemed for the purpose of this section to be the property

77-14 of the [division.] department.

77-15 2. The [division] department has all rights accruing pursuant to the

77-16 laws of this state to owners of [such] those animals, and may:

77-17 (a) Dispose of estrays by sale through an agent appointed by the

77-18 [division;] department; or

77-19 (b) Provide for the control, placement or disposition of estrays through

77-20 cooperative agreements pursuant to NRS 569.031.

77-21 3. Except as otherwise provided by law, all money collected for the

77-22 sale or for the injury or killing of any such animals must be held for 1 year,

77-23 subject to the claim of any person who can establish legal title to any

77-24 animal concerned. All money remaining unclaimed must be deposited in

77-25 the livestock inspection account after 1 year. The [division] department

77-26 may disallow all claims if [the division] it deems the claims illegal or not

77-27 showing satisfactory evidence of title.

77-28 4. [Neither the division nor] The department or any political

77-29 subdivision of this state is not liable for any trespass or other damage

77-30 caused by any of [such] those estrays.

77-31 Sec. 208. NRS 569.020 is hereby amended to read as follows:

77-32 569.020 1. Any county, city, town, township or other peace officer or

77-33 poundmaster who impounds under the provisions of any state law or county

77-34 or municipal ordinance any livestock shall, immediately after impounding

77-35 [such] the livestock, send a written notice to the [division.] department.

77-36 2. The notice must contain a full description, including all brands and

77-37 marks, sex, age, weight, color and kind of each animal so impounded.

77-38 3. If the owner [or owners of such livestock are] of the livestock is not

77-39 known , and in case of the sale of [such] the impounded livestock as

77-40 prescribed by law, all notices posted or advertisements published by any

77-41 officer or other person having charge of the sale must include a complete

77-42 description of each [such] animal to be sold, including all brands and

77-43 marks, sex, age, weight, color and kind.

78-1 Sec. 209. NRS 569.031 is hereby amended to read as follows:

78-2 569.031 The [division] department may enter into a cooperative

78-3 agreement for the control, placement or disposition of the livestock with

78-4 another agency of this state or with a county, city, town, township, peace

78-5 officer, poundmaster or nonprofit organization. If an agreement is entered

78-6 into, it must provide for:

78-7 1. The responsibility for the payment of the expenses incurred in taking

78-8 up, holding, advertising and making the disposition of the estray, and any

78-9 damages for trespass allowed pursuant to NRS 569.440;

78-10 2. The disposition of any money received from the sale of the

78-11 livestock;

78-12 3. The protection of the rights of a lawful owner of an estray pursuant

78-13 to NRS 569.040 to 569.130, inclusive; and

78-14 4. The designation of the specific geographic area of this state to which

78-15 the cooperative agreement applies.

78-16 The [division] department shall annually review the actions of the

78-17 cooperating person or entity for compliance with the agreement. The

78-18 [division] department may cancel the agreement upon a finding of

78-19 noncompliant actions.

78-20 Sec. 210. NRS 569.040 is hereby amended to read as follows:

78-21 569.040 1. Except as otherwise provided in subsection 2, NRS

78-22 569.040 to 569.130, inclusive, or pursuant to a cooperative agreement

78-23 established pursuant to NRS 569.031, it is unlawful for any person or his

78-24 employees or agents, other than an authorized agent of the [division,]

78-25 department, to:

78-26 (a) Take up any estray and retain possession of it; or

78-27 (b) Feed any estray.

78-28 2. For a first violation of paragraph (b) of subsection 1, a person may

78-29 not be cited or charged criminally but must be [reminded] informed that it

78-30 is unlawful to feed an estray.

78-31 Sec. 211. NRS 569.050 is hereby amended to read as follows:

78-32 569.050 [When any] If a person takes up an estray, he shall, within 5

78-33 days thereafter, make out a written description of [such] the animal, setting

78-34 forth all marks or brands appearing upon [such] the animal, and other

78-35 marks of identity, [such as] including color, age and sex, and forward the

78-36 [same] description by mail to the [division] department at its office.

78-37 Sec. 212. NRS 569.060 is hereby amended to read as follows:

78-38 569.060 1. Upon receiving notice of the taking up of an estray , the

78-39 [division,] department, or its [duly] authorized agent, shall make or cause

78-40 to be made an examination of the state brand records.

78-41 2. If from the records the name of the owner or probable owner can be

78-42 determined, the [division,] department, or its [duly] authorized agent, shall

78-43 forthwith notify him of the taking up of the estray . [or estrays.]

79-1 3. Upon the owner’s proving to the satisfaction of the [division]

79-2 department that the estray animal [or animals are] is lawfully his, the

79-3 [division] department shall issue to him an order to receive [them] the

79-4 estray upon the payment of any damages allowed by law and such charges

79-5 as may be approved by the [division] department as reasonable which may

79-6 have been incurred in the care of the animal [or animals] so taken up.

79-7 4. Upon receipt of a notice of the taking up of an estray, the [division,]

79-8 department, or its [duly] authorized agent, may require a closer

79-9 examination of the brands and marks, as set forth in the notice, and may

79-10 require a state inspector to examine the brands before advertising.

79-11 Sec. 213. NRS 569.070 is hereby amended to read as follows:

79-12 569.070 1. Except as otherwise provided in subsection 4, if the

79-13 owner or probable owner of an estray cannot with reasonable diligence be

79-14 determined by the [division] department or its authorized agent, the

79-15 [division] department shall advertise the estray or cause it to be advertised.

79-16 2. A notice of the estray, with a full description, giving brands, marks

79-17 and colors thereon, must be published in a newspaper published at the

79-18 county seat of the county in which the estray was taken up. If there is no

79-19 newspaper published at the county seat of the county, the notice must be

79-20 published in the newspaper published at the nearest point to that county.

79-21 3. Expenses incurred in carrying out the provisions of subsections 1

79-22 and 2 must be deducted from the proceeds of the sale of the estray

79-23 advertised.

79-24 4. Except as otherwise provided in NRS 562.420, the [division]

79-25 department may sell an injured, sick or otherwise debilitated estray if, as

79-26 determined by the [division,] department, the sale of the estray is necessary

79-27 to facilitate the placement or other disposition of the estray. If an estray is

79-28 sold pursuant to this subsection, the [division] department shall give a

79-29 brand inspection clearance certificate to the purchaser.

79-30 Sec. 214. NRS 569.080 is hereby amended to read as follows:

79-31 569.080 1. If an estray is not claimed within 5 working days after the

79-32 last publication of the advertisement required by NRS 569.070, it must be:

79-33 (a) Sold by the [division;] department; or

79-34 (b) Held by the [division] department until the estray is given a

79-35 placement or other disposition through a cooperative agreement established

79-36 pursuant to NRS 569.031.

79-37 2. If the [division] department sells the estray, the [division]

79-38 department shall give a brand inspection clearance certificate to the

79-39 purchaser.

79-40 3. Estray horses must be marked or branded before placement.

80-1 Sec. 215. NRS 569.090 is hereby amended to read as follows:

80-2 569.090 1. Except as otherwise provided pursuant to a cooperative

80-3 agreement established pursuant to NRS 569.031, the [division] department

80-4 shall:

80-5 (a) Pay the reasonable expenses incurred in taking up, holding,

80-6 advertising and selling the estray, and any damages for trespass allowed

80-7 pursuant to NRS 569.440, [out of] from the proceeds of the sale of the

80-8 estray and shall place the balance in an interest-bearing checking account in

80-9 a bank qualified to receive deposits of public money. The proceeds from

80-10 the sale and any interest on those proceeds, which are not claimed pursuant

80-11 to subsection 2 within 1 year after the sale, must be deposited in the state

80-12 treasury for credit to the livestock inspection account.

80-13 (b) Make a complete record of the transaction, including the marks and

80-14 brands and other means of identification of the estray, and shall keep the

80-15 record [open to the inspection of] available for inspection by members of

80-16 the general public.

80-17 2. If the lawful owner of the estray is found within 1 year after its sale

80-18 and proves ownership to the satisfaction of the [division,] department, the

80-19 net amount received from the sale must be paid to the owner.

80-20 3. If any claim pending after the expiration of 1 year after the date of

80-21 sale is denied, the proceeds and any interest thereon must be deposited in

80-22 the livestock inspection account.

80-23 Sec. 216. NRS 569.100 is hereby amended to read as follows:

80-24 569.100 1. A person who takes up an estray as provided for in NRS

80-25 569.040 to 569.130, inclusive, is entitled to hold the estray lawfully until

80-26 relieved of custody by the [division.] department.

80-27 2. A person shall not use or cause to be used, for profit or otherwise,

80-28 any estray in his keeping under the provisions of NRS 569.040 to 569.130,

80-29 inclusive. A violation of this subsection shall be deemed grand larceny or

80-30 petit larceny, as set forth in NRS 205.2175 to 205.2707, inclusive, and the

80-31 person shall be punished as provided in those sections.

80-32 3. Any person taking, leading or driving an estray away from the

80-33 possession of the lawful holder, as specified in NRS 569.040 to 569.130,

80-34 inclusive, except as [herein provided for,] otherwise provided in this

80-35 section, is subject to all the penalties under the law, whether he is the

80-36 claimant of the estray or not.

80-37 Sec. 217. NRS 569.120 is hereby amended to read as follows:

80-38 569.120 Estrays may be taken up by [duly] authorized agents of the

80-39 [division. Procedure for disposing of such estrays must follow] department.

80-40 The disposal of the estrays must be conducted in the manner set forth in

80-41 the provisions of NRS 569.040 to 569.130, inclusive.

81-1 Sec. 218. NRS 571.015 is hereby amended to read as follows:

81-2 571.015 As used in this chapter, unless the context requires otherwise:

81-3 1. ["Division"] "Department" means the [division] state department

81-4 of agriculture . [of the department of business and industry.]

81-5 2. "Director" means the director of the department.

81-6 3. "Importation" means the transportation or movement of livestock by

81-7 any railroad, express company, truckline or other carrier, or by any persons,

81-8 by vehicle or otherwise, into this state.

81-9 [3.] 4. "Livestock" means:

81-10 (a) All cattle or animals of the bovine species.

81-11 (b) All horses, mules, burros and asses or animals of the equine species.

81-12 (c) All swine or animals of the porcine species.

81-13 (d) All goats or animals of the caprine species.

81-14 (e) All poultry or domesticated fowl or birds.

81-15 (f) All dogs, cats or other animals domesticated or under the restraint or

81-16 control of man.

81-17 (g) Alternative livestock as defined in NRS 501.003.

81-18 [4.] 5. "State quarantine officer" means the [administrator of the

81-19 division.] director.

81-20 Sec. 219. NRS 571.035 is hereby amended to read as follows:

81-21 571.035 1. Upon receipt of the reports from the committee for

81-22 assessing livestock pursuant to NRS 575.180, the [division] department

81-23 shall fix the amount of the annual special tax on each head of the following

81-24 specified classes of livestock, which must not exceed the following rates

81-25 per head for each class:

81-26 Class Rate per head

81-27 Stock cattle $0.28

81-28 Dairy cattle .53

81-29 Horses .75

81-30 Mules .75

81-31 Burros or asses .75

81-32 Hogs and pigs .07

81-33 Goats .06

81-34 2. As used in subsection 1:

81-35 (a) "Dairy cattle" are bulls, cows and heifers of the dairy breeds that are

81-36 more than 6 months old.

81-37 (b) "Stock cattle" are:

81-38 (1) Steers of any breed and other weaned calves of the beef breeds

81-39 that are more than 6 months old; and

81-40 (2) Bulls, cows and older heifers of the beef breeds.

82-1 (c) The classes consisting of horses, mules, and burros and asses

82-2 exclude animals that are less than 1 year old.

82-3 3. The [division] department shall send a notice of the annual special

82-4 tax on each head of the specified classes of livestock to the county assessor

82-5 or treasurer of each county on or before the first Monday in May of each

82-6 year.

82-7 4. Notwithstanding the provisions of subsection 1, the minimum

82-8 special tax due annually pursuant to this section from each owner of

82-9 livestock is $5.

82-10 5. Upon the receipt of payment of the special tax and the report thereof

82-11 by the state controller, the [division] department shall credit the amount of

82-12 the tax as paid on its records.

82-13 6. The special taxes paid by an owner of livestock, when transmitted to

82-14 the state treasurer, must be deposited in the livestock inspection account.

82-15 Sec. 220. NRS 571.120 is hereby amended to read as follows:

82-16 571.120 1. The [division] department shall do all things necessary

82-17 for the control and eradication of infectious, contagious or parasitic

82-18 diseases of livestock.

82-19 2. The [administrator of the division] director shall cooperate with the

82-20 administrator of the division of wildlife of the state department of

82-21 conservation and natural resources in a program to prevent the spread of

82-22 communicable diseases in livestock and wildlife in this state.

82-23 3. As used in this section, "wildlife" has the meaning ascribed to it in

82-24 NRS 501.097.

82-25 Sec. 221. NRS 571.135 is hereby amended to read as follows:

82-26 571.135 1. The state quarantine officer, with the approval of the state

82-27 board of agriculture, may adopt such regulations requiring the processing

82-28 of food waste before it is fed to livestock, fish or other animals as are

82-29 necessary to prevent the introduction or spread of infectious, contagious or

82-30 parasitic diseases. The regulations may prescribe a procedure by which

82-31 permits are issued to those persons desiring to process food waste,

82-32 minimum standards of sanitation are established and periodic inspections of

82-33 the processing facilities are made. The state quarantine officer may collect

82-34 a reasonable annual fee for each permit issued to recover costs incurred by

82-35 the [division] department in the issuance of permits and the inspection of

82-36 processing facilities.

82-37 2. Any regulation adopted pursuant to this section does not apply to a

82-38 person feeding food waste from his household to livestock, fish or other

82-39 animals being raised on the premises for his consumption.

82-40 3. [For the purposes of] As used in this section, "food waste" means all

82-41 waste material derived in whole or in part from the meat of any animal or

82-42 other animal material, or other refuse associated with any such material,

82-43 resulting from the handling, preparation and consumption of food.

83-1 Sec. 222. NRS 571.140 is hereby amended to read as follows:

83-2 571.140 The state quarantine officer, or his representatives or his

83-3 agents, [have full authority and power for the inspection, testing, treatment,

83-4 quarantine and condemnation of] may inspect, test, treat, quarantine and

83-5 condemn livestock affected with any infectious, contagious or parasitic

83-6 disease, and any such person may enter upon any ground or premises of this

83-7 state [for the purpose of enforcing] to enforce the inspection, testing,

83-8 treatment, quarantine and condemnation laws and all the rules, regulations

83-9 and orders of the [division.] department.

83-10 Sec. 223. NRS 571.160 is hereby amended to read as follows:

83-11 571.160 [Whenever] If any livestock becomes infected with any

83-12 infectious, contagious or parasitic disease as defined by rules and

83-13 regulations adopted by the state quarantine officer, the owner or agent in

83-14 charge, an inspector of the [division] department or any practicing

83-15 veterinarian shall immediately notify the state quarantine officer.

83-16 Sec. 224. NRS 571.190 is hereby amended to read as follows:

83-17 571.190 1. The state quarantine officer may order and have

83-18 destroyed any livestock infected with or exposed to any infectious,

83-19 contagious or parasitic disease.

83-20 2. The [division] department shall compensate the owners of any

83-21 livestock so destroyed [either] separately or jointly with any county or

83-22 municipality of the state or any agency of the Federal Government, the

83-23 amount of [such] the compensation to be determined by appraisal before

83-24 the affected livestock is destroyed.

83-25 3. The appraisal must be made by the state quarantine officer or a

83-26 [properly] qualified agent designated by him and the owners or their

83-27 authorized representative. In the event of their failure to [arrive at] reach an

83-28 agreement, the two so selected shall designate [some] a disinterested

83-29 person, who by reason of experience in such matters is a qualified judge of

83-30 livestock values, to act with them. The judgment of any two such appraisers

83-31 is binding and final upon all persons.

83-32 4. The total amount received by the owners of livestock so destroyed,

83-33 including compensation paid by the [division,] department, any county or

83-34 municipality or any agency of the Federal Government or any livestock

83-35 insurance company, and the salvage received from the sale of hides or

83-36 carcasses or any other source, combined, must not exceed 75 percent of the

83-37 actual appraised value of the destroyed livestock.

83-38 5. Any natural person or corporation purchasing any livestock which

83-39 was at the time of purchase under quarantine by any state, county or

83-40 municipal authorities or any agency of the Federal Government [legally

83-41 empowered] authorized to lay such quarantine, or who purchases any

83-42 livestock which due diligence and caution would have shown to be diseased

83-43 or which have been shipped or transported in violation of the rules and

84-1 regulations of any agency of the Federal Government or the State of

84-2 Nevada, is not entitled to receive compensation, and the [division]

84-3 department may order the destruction of [such] the livestock without

84-4 making any compensation to the owner.

84-5 6. No payment may be made hereunder as compensation for or on

84-6 account of any such livestock destroyed if, at the time of inspection or test

84-7 of [such] the livestock or at the time of the ordered destruction thereof,

84-8 [such] the livestock belongs to or [be] is upon the premises of any person,

84-9 firm or corporation to which [such] the livestock has been sold, shipped or

84-10 delivered for [the purpose of being slaughtered.] slaughter.

84-11 7. In no case may any payment by the [division] department pursuant

84-12 to the provisions of this section be more than $75 for any grade livestock or

84-13 more than $200 for any purebred livestock, and no payment [shall] may be

84-14 made unless the owner has complied with all quarantine rules and

84-15 regulations of the [division.] department.

84-16 Sec. 225. NRS 571.250 is hereby amended to read as follows:

84-17 571.250 Any person violating the provisions of NRS 571.120 to

84-18 571.240, inclusive, or failing, refusing or neglecting to perform or observe

84-19 any conditions, orders, rules or regulations prescribed by the state

84-20 quarantine officer in accordance with the provisions of NRS 571.120 to

84-21 571.240, inclusive, is guilty of a misdemeanor and, in addition to any

84-22 criminal penalty, shall pay to the [division] department an administrative

84-23 fine of not more than $1,000 per violation. If an administrative fine is

84-24 imposed pursuant to this section, the costs of the proceeding, including

84-25 investigative costs and attorney’s fees, may be recovered by the [division.]

84-26 department.

84-27 Sec. 226. NRS 573.010 is hereby amended to read as follows:

84-28 573.010 As used in this chapter:

84-29 1. ["Administrator" means the administrator of the division.

84-30 2.] "Consignor" means any person consigning, shipping or delivering

84-31 livestock to a public livestock auction for sale, resale or exchange.

84-32 [3. "Division"]

84-33 2. "Department" means the [division] state department of agriculture .

84-34 [of the department of business and industry.]

84-35 3. "Director" means the director of the department.

84-36 4. "Livestock" means:

84-37 (a) Cattle, sheep, goats, horses, mules, asses, burros, swine or poultry;

84-38 and

84-39 (b) Alternative livestock as defined in NRS 501.003.

84-40 5. "Operator of a public livestock auction" means any person holding,

84-41 conducting or carrying on a public livestock auction.

85-1 6. "Public livestock auction" means any sale or exchange of livestock

85-2 held by any person at an established place of business or premises where

85-3 the livestock is assembled for sale or exchange, and is exchanged or sold at

85-4 auction or upon a commission basis at regular or irregular intervals.

85-5 Sec. 227. NRS 573.020 is hereby amended to read as follows:

85-6 573.020 1. A person shall not hold, operate, conduct or carry on a

85-7 public livestock auction in this state without first securing a license therefor

85-8 from the [division.] department.

85-9 2. The application for a license must be on [forms] a form prescribed

85-10 and furnished by the [division] department and set forth:

85-11 (a) The name of the operator of the public livestock auction.

85-12 (b) The location of the establishment or premises where the public

85-13 livestock auction [is to] will be conducted.

85-14 (c) The type or kinds of livestock to be handled, sold or exchanged.

85-15 (d) A description of the facilities [to] that will be used [in conducting] to

85-16 conduct the public livestock auction.

85-17 (e) The weekly or monthly sales day or days on which the applicant

85-18 proposes to operate his public livestock auction.

85-19 (f) The name and address of the bank where the custodial account for

85-20 consignors’ proceeds will be established and maintained by the operator of

85-21 the public livestock auction in compliance with the provisions of NRS

85-22 573.104.

85-23 (g) Such other information as the [division] department reasonably may

85-24 require, including, without limitation, proof that at the time of application

85-25 the applicant has a line of credit established at a bank in the State of

85-26 Nevada in an amount at least equal to the estimated average weekly gross

85-27 sales receipts of the public livestock auction [to] that will be conducted by

85-28 him.

85-29 3. The application must be accompanied by a bond or deposit receipt

85-30 and the required fee as provided in this chapter.

85-31 Sec. 228. NRS 573.030 is hereby amended to read as follows:

85-32 573.030 Before a license is issued by the [division] department to an

85-33 operator of a public livestock auction, the applicant must deliver to the

85-34 [administrator either:] director:

85-35 1. A surety bond pursuant to the provisions of NRS 573.033;

85-36 2. A bond approved by the Secretary of Agriculture of the United

85-37 States pursuant to the provisions of NRS 573.035; or

85-38 3. A deposit receipt pursuant to the provisions of NRS 573.037.

85-39 Sec. 229. NRS 573.033 is hereby amended to read as follows:

85-40 573.033 1. If an applicant delivers a surety bond to the

85-41 [administrator] director pursuant to the provisions of subsection 1 of NRS

85-42 573.030, the surety bond must be:

85-43 (a) In the sum provided for in subsection 2 . [of this section.]

86-1 (b) Executed by the applicant as principal and by a surety company

86-2 qualified and authorized to do business in this state as surety.

86-3 (c) A standard form and approved by the [administrator] director as to

86-4 terms and conditions.

86-5 (d) Conditioned that the principal will not commit any fraudulent act

86-6 and will comply with the provisions of this chapter and the rules and

86-7 regulations adopted by the [division pursuant to law.] department.

86-8 (e) To the State of Nevada in favor of every consignor creditor whose

86-9 livestock was handled or sold through or at the licensee’s public livestock

86-10 auction.

86-11 2. If the application for a license to operate a public livestock auction

86-12 is [from] submitted by a person who:

86-13 (a) Has not operated in the past 12-month period, the [administrator]

86-14 director shall determine the sum of the initial bond that the applicant must

86-15 execute in favor of the state, which sum must be equal to an amount

86-16 estimated to be 50 percent of the average monthly gross sales proceeds of

86-17 the public livestock auction in the first 6 months of operation, but [such]

86-18 the sum must not be less than $10,000 [nor] or more than $100,000. At any

86-19 time within the first 12 months of licensed operation, the [administrator]

86-20 director may, upon written notice to the licensee, review the licensee’s

86-21 operations and determine whether, because of increased or decreased sales,

86-22 the amount of the bond should be altered.

86-23 (b) Has operated in the past 12-month period, the [administrator]

86-24 director shall determine the sum of the bond that the applicant must execute

86-25 in favor of the state, which sum must be equal to [but not exceed] an

86-26 amount equal to 50 percent of the average monthly gross sales proceeds

86-27 received by the public livestock auction during the 6 successive months of

86-28 the last 12-month period which produced the highest dollar volume, but

86-29 [such] the sum must not be less than $10,000 [nor] or more than $100,000.

86-30 3. The total and aggregate liability of the surety for all claims upon the

86-31 bond must be limited to the face amount of the bond.

86-32 Sec. 230. NRS 573.035 is hereby amended to read as follows:

86-33 573.035 In compliance with the provisions of subsection 2 of NRS

86-34 573.030, if the applicant is bonded as a market agency under the provisions

86-35 of the Packers and Stockyards Act , [(] 7 U.S.C. § 204 , [),] as amended,

86-36 and the regulations adopted [thereunder,] pursuant thereto, in a sum equal

86-37 to or greater than the sum required by the provisions of NRS 573.033, the

86-38 applicant may deliver to the [administrator] director a bond approved by

86-39 the Secretary of Agriculture of the United States naming the [administrator]

86-40 director as trustee.

86-41 Sec. 231. NRS 573.037 is hereby amended to read as follows:

86-42 573.037 1. As authorized by subsection 3 of NRS 573.030, in lieu of

86-43 filing the bond described in NRS 573.033 or 573.035, the applicant may

87-1 deliver to the [administrator] director the receipt of a bank or trust

87-2 company doing business in this state showing the deposit with [such] that

87-3 bank or trust company of cash or of securities endorsed in blank by the

87-4 owner thereof and of a market value equal at least to the required principal

87-5 amount of the bond, [such] the cash or securities to be deposited in escrow

87-6 under an agreement conditioned as in the case of a bond. A receipt must be

87-7 accompanied by evidence that there are no unsatisfied judgments against

87-8 the applicant of record in the county where the applicant resides.

87-9 2. An action for recovery against any such deposit may be brought in

87-10 the same manner as in the case of an action for recovery on a bond filed

87-11 under the provisions of this chapter.

87-12 3. If any licensed operator of a public livestock auction for any reason

87-13 ceases to operate [such] the auction, the amount of money or securities

87-14 deposited in lieu of a bond must be retained by the [division] department

87-15 for 1 year. If after the expiration of 1 year [from] after the cessation of

87-16 [such] the operation, no legal action has been commenced to recover

87-17 against [such] the money or securities, the amount thereof must be

87-18 delivered to the owner thereof. If a legal action has been commenced within

87-19 [such time,] that period, all such money and securities must be held by the

87-20 [administrator] director subject to the order of a court of competent

87-21 jurisdiction.

87-22 Sec. 232. NRS 573.050 is hereby amended to read as follows:

87-23 573.050 Upon receipt of an application for a license under this chapter,

87-24 accompanied by the required bond and license fee, the [division]

87-25 department shall examine the [same,] application, and if it finds the

87-26 application to be in proper form and that the applicant has otherwise

87-27 complied with this chapter, the [division] department shall grant the license

87-28 as applied for, subject to the provisions of this chapter.

87-29 Sec. 233. NRS 573.070 is hereby amended to read as follows:

87-30 573.070 Licenses must be in such form as the [division] department

87-31 may prescribe, and set forth:

87-32 1. The name and address of the operator of the public livestock

87-33 auction.

87-34 2. The location of the establishment or premises licensed.

87-35 3. The kinds of livestock to be sold, exchanged or handled.

87-36 4. The period of the license.

87-37 5. The weekly or monthly sales day or days.

87-38 6. Such other information as the [division] department may determine.

87-39 Sec. 234. NRS 573.100 is hereby amended to read as follows:

87-40 573.100 1. The [division may decline] department may refuse to

87-41 grant or to renew a license or may suspend or revoke a license [already

87-42 granted] if, after [due] notice and a hearing, the [division] department

87-43 finds:

88-1 (a) That the licensee has violated any provision of this chapter, or any

88-2 rule, order or regulation issued pursuant to law;

88-3 (b) That the licensee has knowingly received on consignment, or sold or

88-4 exchanged, stolen livestock or mortgaged livestock without authority from

88-5 the owner or mortgagee;

88-6 (c) That the licensee has been guilty of fraud or deception in any

88-7 material particular in securing the license;

88-8 (d) That the licensee has failed to keep records as required by this

88-9 chapter;

88-10 (e) That the licensee has failed to practice measures of sanitation as

88-11 required by this chapter, or has violated the rules and regulations, if any, for

88-12 the yarding, housing, holding and feeding of livestock;

88-13 (f) That the licensee, in the case of livestock weighed on the licensee’s

88-14 scales and sold by weight, has knowingly quoted incorrect weights, or has

88-15 failed to have his scales regularly inspected and tested;

88-16 (g) That the applicant or licensee has intentionally made a false or

88-17 misleading statement as to the conditions of the livestock market, or has

88-18 authorized any false advertising reflecting the operation of his public

88-19 livestock auction;

88-20 (h) That the applicant or licensee has been previously convicted of a

88-21 felony; or

88-22 (i) That the applicant or licensee has within 3 years next preceding the

88-23 action of the [division:] department:

88-24 (1) Filed a voluntary petition in bankruptcy;

88-25 (2) Been adjudged an involuntary bankrupt;

88-26 (3) Received or been refused a discharge in bankruptcy; or

88-27 (4) Failed to make full settlement with all consignor creditors after a

88-28 claim against his surety or deposit in lieu of bond has been collected by

88-29 court order.

88-30 2. [Subparagraphs] The provisions of subparagraphs (1), (2) and (3)

88-31 of paragraph (i) of subsection 1 do not apply to any person who has made

88-32 full settlement with his creditors. A natural person shall be deemed to have

88-33 committed one of the acts [listed] set forth in those subparagraphs if such

88-34 an act has been committed by any corporation of which he was at the time

88-35 of the act an officer or director or the beneficial owner of 20 percent or

88-36 more of the capital stock. A corporation shall be deemed to have committed

88-37 one of the acts [listed] set forth in those subparagraphs if [such an] the act

88-38 has been committed:

88-39 (a) By another corporation controlled by the applicant corporation.

88-40 (b) By a natural person who at the time of application is an officer or

88-41 director or the beneficial owner of 20 percent or more of the capital stock

88-42 of the applicant corporation.

89-1 (c) By another corporation of which a natural person as described in

89-2 paragraph (b) was at the time of the act an officer or director or the

89-3 beneficial owner of 20 percent or more of the capital stock.

89-4 3. In the case of any hearing held under the provisions of this section,

89-5 there must be filed in the office of the [division] department a

89-6 memorandum stating briefly the reasons of the [division] department for

89-7 the denial, suspension or revocation of the license, but formal findings of

89-8 fact are required to be made or filed.

89-9 Sec. 235. NRS 573.103 is hereby amended to read as follows:

89-10 573.103 1. Except as otherwise provided in subsection 2, every

89-11 operator of a public livestock auction shall cause his accounts to be audited

89-12 at least annually by a holder of a live permit under chapter 628 of NRS, and

89-13 shall file with the [administrator] director a copy of the audit, signed and

89-14 certified as correct by the auditor. The [administrator] director may

89-15 prescribe by regulation the content and times for filing of [such] the audits.

89-16 2. Every operator whose accounts are audited under the provisions of

89-17 the Packers and Stockyards Act, 7 U.S.C. § 204, as amended, shall file a

89-18 copy of each such audit with the [administrator.] director.

89-19 Sec. 236. NRS 573.104 is hereby amended to read as follows:

89-20 573.104 1. Each licensee shall deposit the gross proceeds received by

89-21 him from the sale of livestock handled on a commission or agency basis in

89-22 a separate bank account established and maintained by the licensee in the

89-23 bank at which his line of credit, as required by paragraph (g) of subsection

89-24 2 of NRS 573.020, is established. The separate bank account must be

89-25 designated a "custodial account for consignors’ proceeds."

89-26 2. The custodial account for consignors’ proceeds may be drawn on

89-27 only:

89-28 (a) For the payment of net proceeds to the consignor, or any other

89-29 person or persons of whom the licensee has knowledge who is entitled to

89-30 those proceeds;

89-31 (b) To obtain the sums due the licensee as compensation for his

89-32 services; and

89-33 (c) For such sums as are necessary to pay all legal charges against the

89-34 consignment of livestock which the licensee in his capacity as agent is

89-35 required to pay for and on behalf of the consignor.

89-36 3. The licensee shall:

89-37 (a) In each case keep such accounts and records [as] that will at all

89-38 times disclose the names of the consignors and the amount due to each

89-39 from the money in the custodial account for consignors’ proceeds.

89-40 (b) Maintain the custodial account for consignors’ proceeds in a manner

89-41 that will expedite examination by the [administrator and reflect] director

89-42 and indicate compliance with the requirements of this section.

90-1 Sec. 237. NRS 573.105 is hereby amended to read as follows:

90-2 573.105 The [administrator] director shall ascertain, at least quarterly,

90-3 the continued existence and amount of the line of credit shown pursuant to

90-4 paragraph (g) of subsection 2 of NRS 573.020, or its replacement by a line

90-5 of credit at another bank in the State of Nevada and the amount of the

90-6 replacement. If the line of credit is [so] replaced, the custodial account

90-7 must be transferred to the bank issuing the new line of credit. If a line of

90-8 credit in the amount required is not maintained, the [administrator] director

90-9 shall suspend the operator’s license.

90-10 Sec. 238. NRS 573.107 is hereby amended to read as follows:

90-11 573.107 1. A consignor creditor claiming to be injured by the fraud

90-12 of a licensee may bring an action upon the bond against [both] the principal

90-13 and the surety in any court of competent jurisdiction to recover the

90-14 damages caused by the fraud.

90-15 2. The [administrator] director or any consignor creditor may also

90-16 bring an action upon the bond against [both] the principal and the surety in

90-17 any court of competent jurisdiction to recover the damages caused by any

90-18 failure to comply with the provisions of this chapter and the rules and

90-19 regulations adopted by the [division pursuant to law.] department.

90-20 Sec. 239. NRS 573.108 is hereby amended to read as follows:

90-21 573.108 1. In case of failure by a licensee to pay [amounts] the

90-22 amount due a consignor creditor whose livestock was handled or sold

90-23 through or at the licensee’s public livestock auction, as evidenced by a

90-24 verified complaint filed with the [administrator, the administrator] director,

90-25 the director shall proceed forthwith to ascertain the names and addresses of

90-26 all consignor creditors of the licensee, together with the amounts due to

90-27 them by the licensee, and shall request all the consignor creditors to file a

90-28 verified statement of their respective claims with the [administrator.]

90-29 director. The request must be addressed to each known consignor creditor

90-30 at his last known address.

90-31 2. If a consignor creditor so addressed fails, refuses or neglects to file

90-32 in the office of the [administrator] director his verified claim as requested

90-33 by the [administrator] director within 60 days after the date of the request,

90-34 the [administrator] director is relieved of further duty or action under this

90-35 section on behalf of that consignor creditor.

90-36 3. [Where by reason] If because of the absence of records, or other

90-37 circumstances making it impossible or unreasonable for the [administrator]

90-38 director to ascertain the names and addresses of all consignor creditors, the

90-39 [administrator,] director, after exerting due diligence and making

90-40 reasonable inquiry to secure the information from all reasonable and

90-41 available sources, may make demand on the bond on the basis of

91-1 information [then] in his possession, and thereafter is not liable or

91-2 responsible for claims or the handling of claims which may subsequently

91-3 appear or be discovered.

91-4 4. Upon ascertaining all claims and statements in the manner set forth

91-5 in this section, the [administrator may then] director may make a demand

91-6 upon the bond on behalf of those claimants whose statements have been

91-7 filed, and may settle or compromise the claims with the surety company on

91-8 the bond and execute and deliver a release and discharge of the bond

91-9 involved.

91-10 5. Upon the refusal of the surety company to pay the demand, the

91-11 [administrator] director may thereupon bring an action on the bond [in] on

91-12 behalf of the consignor creditors. Upon any action being commenced on the

91-13 bond, the [administrator] director may require the filing of a new bond.

91-14 Immediately upon the recovery in any action on the bond the licensee shall

91-15 file a new bond. Upon failure to file the bond within 10 days, in either case,

91-16 the failure constitutes grounds for the suspension or revocation of his

91-17 license.

91-18 6. In any settlement or compromise by the [administrator] director with

91-19 a surety company as provided in subsection 4, [where] if there are two or

91-20 more consignor creditors that have filed claims, [either] fixed or contingent,

91-21 against a licensee’s bond, the creditors must share pro rata in the proceeds

91-22 of the bond to the extent of their actual damage.

91-23 7. [For the purpose of enforcing] To enforce the provisions of this

91-24 section, the [administrator] director may receive verified complaints from

91-25 any consignor against any licensee, or agent, or any person assuming or

91-26 attempting to act as such, and upon receipt of a verified complaint may

91-27 [make] conduct any necessary investigations [relative] relating to the

91-28 complaint. The [administrator] director may administer oaths of

91-29 verification of the complaints.

91-30 8. [For the purpose of making] To conduct investigations as provided

91-31 for in subsection 7, the [administrator] director may enter a public livestock

91-32 auction and examine any records required under the provisions of this

91-33 chapter. The [administrator] director may issue subpoenas requiring the

91-34 attendance of witnesses before him, together with all books, memoranda,

91-35 papers and other documents [relative] relating to the matters under

91-36 investigation.

91-37 Sec. 240. NRS 573.109 is hereby amended to read as follows:

91-38 573.109 1. The district court in and for the county in which any

91-39 investigation is [being] conducted by the [administrator] director pursuant

91-40 to the provisions of subsections 7 and 8 of NRS 573.108 [has the power to]

91-41 may compel the attendance of witnesses, the giving of testimony and the

91-42 production of books and papers as required by any subpoena issued by the

91-43 [administrator.] director.

92-1 2. In case of the refusal of any witness to attend or testify or produce

92-2 any papers required by [such] the subpoena , the [administrator] director

92-3 may report to the district court in and for the county in which the

92-4 investigation is pending by petition, setting forth:

92-5 (a) That [due] notice has been given of the time and place of attendance

92-6 of the witness or the production of the books and papers;

92-7 (b) That the witness has been subpoenaed in the manner prescribed in

92-8 this chapter; and

92-9 (c) That the witness has failed and refused to attend or produce the

92-10 papers required by subpoena before the [administrator] director in the

92-11 investigation named in the subpoena, or has refused to answer questions

92-12 propounded to him in the course of [such] the investigation,

92-13 and asking an order of the court compelling the witness to attend and testify

92-14 or produce the books or papers before the [administrator.] director.

92-15 3. The court, upon petition of the [administrator,] director, shall enter

92-16 an order directing the witness to appear before the court at a time and place

92-17 to be fixed by the court in [such] the order, the time to be not more than 10

92-18 days after the date of the order, and then and there show cause why he has

92-19 not attended or testified or produced the books or papers before the

92-20 [administrator.] director. A certified copy of the order must be served upon

92-21 the witness. If it appears to the court that the subpoena was regularly issued

92-22 by the [administrator] director, the court shall [thereupon] enter an order

92-23 [that] requiring the witness to appear before the [administrator] director at

92-24 the time and place fixed in the order and testify or produce the required

92-25 books or papers, and upon failure to obey the order the witness must be

92-26 dealt with as for contempt of court.

92-27 Sec. 241. NRS 573.110 is hereby amended to read as follows:

92-28 573.110 1. Each operator of a public livestock auction shall keep the

92-29 following records for each lot of livestock consigned to or sold or

92-30 exchanged through [such] the public livestock auction:

92-31 (a) The name and address of the consignor.

92-32 (b) A description of the livestock which must include the number and

92-33 kind, approximate age, the sex, and any visible brands or other

92-34 distinguishing or identifying marks.

92-35 (c) The name and address of the purchaser of the livestock.

92-36 2. The records must be kept by the operator of a public livestock

92-37 auction at the establishment or premises where the sale is held and

92-38 conducted, or such other convenient place as may be approved by the

92-39 [division.] department.

92-40 3. The records must be open for inspection by all peace officers of this

92-41 state at all reasonable times, and must be retained [and preserved for a

92-42 period of] for at least 2 years.

93-1 Sec. 242. NRS 573.120 is hereby amended to read as follows:

93-2 573.120 1. Any person buying, or receiving on a consignment,

93-3 commission or fee basis, any livestock for slaughter at a slaughtering

93-4 establishment or plant, shall keep the following records for each lot of

93-5 livestock so received:

93-6 (a) The name and address of the person from whom the livestock was

93-7 received.

93-8 (b) A description of the livestock, which [description] must include the

93-9 number and kind, approximate age, the sex, and any visible brands or other

93-10 distinguishing or identifying marks.

93-11 2. If any livestock bought or received as provided in subsection 1 is

93-12 disposed of other than by slaughter, a record must be kept of [such] the

93-13 disposal, including the description as provided in subsection 1 and the

93-14 name and address of the person receiving the [same.] livestock.

93-15 3. The records provided for in this section must be retained [and

93-16 preserved] for at least 2 years and must be open for inspection by any peace

93-17 officer or representative of the [division] department at all reasonable

93-18 times.

93-19 Sec. 243. NRS 573.125 is hereby amended to read as follows:

93-20 573.125 Each operator of a livestock auction shall issue to each

93-21 purchaser of livestock a receipt on a form approved by the [division,]

93-22 department, and the receipt must contain:

93-23 1. The name and address of the purchaser of the livestock.

93-24 2. A description of the livestock, which must include the number and

93-25 kind, approximate age, the sex, and any visible brands or other

93-26 distinguishing or identifying marks.

93-27 Sec. 244. NRS 573.130 is hereby amended to read as follows:

93-28 573.130 1. [No livestock] Livestock that is under quarantine [on

93-29 account] because of any contagious, infectious or communicable disease

93-30 [may] must not be consigned to or sold through any public livestock

93-31 auction.

93-32 2. [No livestock] Livestock that is known to be infected with, or

93-33 known to have been exposed to, any contagious, infectious or parasitic

93-34 livestock disease [may] must not be consigned to or sold through any

93-35 public livestock auction except under rules and regulations governing

93-36 [such] the consignments and sales [made] adopted by the [division.]

93-37 department.

93-38 3. The [division] department may require such testing, treating and

93-39 examining of livestock sold, traded, exchanged or handled at or through

93-40 public livestock auctions as in its judgment may be necessary to prevent the

93-41 spread of infectious, contagious or parasitic diseases among the livestock of

93-42 this state.

94-1 4. The [division] department may require operators of public livestock

94-2 auctions to reimburse the [division] department for actual expenses or any

94-3 part thereof incurred in testing, treating and examining livestock sold,

94-4 traded, exchanged or handled at or through [such] those auctions.

94-5 Sec. 245. NRS 573.160 is hereby amended to read as follows:

94-6 573.160 [For the purpose of carrying] To carry out the provisions of

94-7 this chapter and [making inspections thereunder, the division] to conduct

94-8 inspections pursuant thereto, the department or any [duly] authorized

94-9 representative thereof may enter the establishment or premises where any

94-10 public livestock auction is held and inspect the records thereof at all

94-11 reasonable times.

94-12 Sec. 246. NRS 573.165 is hereby amended to read as follows:

94-13 573.165 Public livestock auction facilities must include space and

94-14 facilities approved by the [administrator] director for brand inspectors to

94-15 carry out their duties in a safe and expeditious manner.

94-16 Sec. 247. NRS 573.170 is hereby amended to read as follows:

94-17 573.170 1. The operator of a public livestock auction may apply to

94-18 the [division] department for a change of the weekly or monthly sales day

94-19 or days specified in his license. The application is subject to a hearing and

94-20 approval by the [administrator.

94-21 2. No] director.

94-22 2. A special sale [may] must not be conducted by the operator of a

94-23 public livestock auction unless he has applied to the [division] department

94-24 in writing 15 days before the proposed sale [,] and the date of the sale is

94-25 approved by the [administrator.] director.

94-26 Sec. 248. NRS 573.183 is hereby amended to read as follows:

94-27 573.183 [When the administrator] If the director determines, on the

94-28 basis of any verified complaint or of any inspection or investigation made

94-29 by him pursuant to this chapter, that any operator of a public livestock

94-30 auction is violating or is about to violate any provision of this chapter for

94-31 the protection of consignor creditors, he may order:

94-32 1. The operator to cease and desist from:

94-33 (a) Receiving or selling any livestock;

94-34 (b) Receiving or disbursing any money; or

94-35 (c) Any practice which violates any provision of this chapter or any

94-36 other law or any rule, order or regulation issued pursuant to law.

94-37 2. Any bank which holds the custodial account of the operator, as

94-38 required by NRS 573.104, to refrain from paying out any money from the

94-39 account.

94-40 The order ceases to be effective upon the expiration of 3 days, [exclusive

94-41 of] excluding Saturdays, Sundays and other nonjudicial days, [from] after

94-42 its date of issuance unless a court has, pursuant to NRS 573.185, issued an

94-43 order which continues the restraint.

95-1 Sec. 249. NRS 573.185 is hereby amended to read as follows:

95-2 573.185 [Whenever] If any licensee has engaged or is about to engage

95-3 in any acts or practices which [constitute or will constitute an offense

95-4 against] violate or will violate any of the provisions of this chapter or the

95-5 rules and regulations adopted by the [division pursuant to law,]

95-6 department, the district court of any county, on application of the

95-7 [administrator,] director, may issue an injunction or other appropriate order

95-8 restraining [such] that conduct. Proceedings under this section are

95-9 governed by Rule 65 of the Nevada Rules of Civil Procedure, except that

95-10 no bond or undertaking is required in any action commenced by the

95-11 [administrator.] director.

95-12 Sec. 250. NRS 573.190 is hereby amended to read as follows:

95-13 573.190 1. Any person who operates a public livestock auction

95-14 without a license required by this chapter, or who violates any of the

95-15 provisions of this chapter or of any rules or regulations [lawfully issued

95-16 pursuant to law,] adopted pursuant thereto, is guilty of a misdemeanor

95-17 and, in addition to any criminal penalty, shall pay to the [division]

95-18 department an administrative fine of not more than $1,000 per violation. If

95-19 an administrative fine is imposed pursuant to this section, the costs of the

95-20 proceeding, including investigative costs and attorney’s fees, may be

95-21 recovered by the [division.] department.

95-22 2. Each day’s operation in which livestock is sold or exchanged at any

95-23 unlicensed public livestock auction constitutes a separate offense.

95-24 Sec. 251. NRS 574.055 is hereby amended to read as follows:

95-25 574.055 1. Any peace officer or officer of a society for the

95-26 prevention of cruelty to animals who is authorized to make arrests pursuant

95-27 to NRS 574.040 shall, upon discovering any animal which is being treated

95-28 cruelly, take possession of it and provide it with shelter and care or, upon

95-29 obtaining written permission from the owner of the animal, may destroy it

95-30 in a humane manner.

95-31 2. [When] If an officer takes possession of an animal, he shall give to

95-32 the owner, if the owner can be found, a notice containing a written

95-33 statement of the reasons for the taking, the location where the animal will

95-34 be cared for and sheltered, and the fact that there is a limited lien on the

95-35 animal for the cost of shelter and care. If the owner is not present at the

95-36 taking and the officer cannot find the owner after a reasonable search, he

95-37 shall post the notice on the property from which he takes the animal. If the

95-38 identity and address of the owner are later determined, the notice must be

95-39 mailed to the owner immediately after the determination is made.

95-40 3. An officer who takes possession of an animal pursuant to this

95-41 section has a lien on the animal for the reasonable cost of care and shelter

95-42 furnished to the animal and, if applicable, for its humane destruction. The

95-43 lien does not extend to the cost of care and shelter for more than 2 weeks.

96-1 4. Upon proof that the owner has been notified in accordance with the

96-2 provisions of subsection 2 or, if he has not been found or identified, that

96-3 the required notice has been posted on the property where the animal was

96-4 found, a court of competent jurisdiction may, after providing an

96-5 opportunity for a hearing, order the animal sold at auction, humanely

96-6 destroyed or continued in the care of the officer for such disposition as the

96-7 officer sees fit.

96-8 5. An officer who seizes an animal pursuant to this section is not liable

96-9 for any action arising out of the taking or humane destruction of the animal.

96-10 6. [This section does] The provisions of this section do not apply to

96-11 any animal which is located on land being employed for an agricultural use

96-12 as defined in NRS 361A.030 unless the owner of the animal or the person

96-13 charged with the care of the animal is in violation of subsection 2 of NRS

96-14 574.100 and the impoundment is accomplished with the concurrence and

96-15 supervision of the sheriff or his designee, a licensed veterinarian and the

96-16 district brand inspector or his designee. In such a case, the sheriff shall

96-17 direct that the impoundment occur [no] not later than 48 hours after the

96-18 veterinarian determines that a violation of subsection 2 of NRS 574.100

96-19 exists.

96-20 7. The owner of an animal impounded in accordance with the

96-21 provisions of subsection 6 must, before the animal is released to his

96-22 custody, pay the charges approved by the sheriff as reasonably related to

96-23 the impoundment, including the charges for the animal’s food and water. If

96-24 the owner is unable or refuses to pay the charges, the [division] state

96-25 department of agriculture [of the department of business and industry] shall

96-26 sell the animal. The [division] department shall pay to the owner the

96-27 proceeds of the sale remaining after deducting the charges reasonably

96-28 related to the impoundment.

96-29 Sec. 252. NRS 574.485 is hereby amended to read as follows:

96-30 574.485 1. In addition to any other penalty provided by law, the

96-31 [administrator] director of the state department of agriculture may impose

96-32 an administrative fine on any retailer or dealer who violates the provisions

96-33 of NRS 574.460, 574.470 or 574.480 in an amount not to exceed:

96-34 For the first violation $250

96-35 For the second violation 500

96-36 For each subsequent violation 1,000

96-37 2. All fines collected by the [administrator] director pursuant to

96-38 subsection 1 must be deposited with the state treasurer for credit to the state

96-39 general fund.

96-40 [3. As used in this section, "administrator" means the administrator of

96-41 the division of agriculture of the department of business and industry.]

97-1 Sec. 253. NRS 575.050 is hereby amended to read as follows:

97-2 575.050 1. The governor may enter into agreements with the United

97-3 States, its departments or agencies, respecting the granting and extending of

97-4 financial aid, or any other form of benefits, to the state for the benefit of

97-5 persons, firms or corporations engaged in the livestock or agriculture

97-6 industry.

97-7 2. Before any such agreement is entered into, the governor, after

97-8 diligent inquiry, shall determine by proclamation that such an emergency

97-9 exists as in the interests of the livestock or agriculture industry of the state

97-10 warrants a request for federal aid, money or such other type of benefit as

97-11 may be available. [From and after the issuing of such] After issuing the

97-12 proclamation, the governor may match [such] available federal money, or

97-13 benefits, from the livestock aid fund, not to exceed the total sum of

97-14 $30,000. [Where] If an emergency has been proclaimed by the governor,

97-15 the [administrator] director of the [division] state department of

97-16 agriculture [of the department of business and industry] may expend money

97-17 in the livestock aid fund, as the interests of the livestock or agriculture

97-18 industry of the state may require, without federal participation in the form

97-19 of aid, money or other benefits.

97-20 3. There is hereby created in the state treasury the livestock aid fund.

97-21 Money for the livestock aid fund must be provided as needed by the state

97-22 board of examiners from [their] its emergency fund, and may be used only

97-23 to carry out the provisions of this section.

97-24 4. The governor, or such commission, department or agency of the

97-25 State of Nevada as he may designate and entrust with the disbursement of

97-26 the [moneys] money or benefits made available, may adopt such

97-27 regulations as may be necessary for the proper administration thereof, and

97-28 if the benefits are in the form of money , each expenditure from the fund

97-29 must be approved by the state board of examiners in the manner provided

97-30 generally for the payment of claims against the state.

97-31 5. The State of Nevada, through the acts of its governor, in accepting

97-32 the agreements entered into, is obligated to perform the agreements fully as

97-33 to all the terms thereof for the duration of the agreements.

97-34 Sec. 254. NRS 575.060 is hereby amended to read as follows:

97-35 575.060 1. As used in this section, unless the context otherwise

97-36 requires [otherwise, "division"] , "department" means the [division] state

97-37 department of agriculture . [of the department of business and industry.]

97-38 2. Any cattle, horses or mules found by the [division] department or an

97-39 authorized representative of the [division] department to be in the

97-40 possession of any person who does not have satisfactory evidence of the

97-41 ownership or right to possession thereof may be impounded by the

97-42 [division] department or its representative without liability at the expense

97-43 of the owner, until the ownership of the animal is established.

98-1 3. After the expiration of 10 days [from] after the date the animal is

98-2 impounded, if the [division] department cannot with reasonable diligence

98-3 determine the lawful owner thereof, the animal may be sold by the

98-4 [division] department in the manner provided in chapter 569 of NRS. All

98-5 expenses incurred by the [division] department in the keeping of the

98-6 animal and in the sale thereof must be paid out of the proceeds of the sale.

98-7 4. Except as otherwise provided in subsection 5, the net proceeds of

98-8 any such sale must be held for 1 year, subject to the claim of any person

98-9 who can establish legal title to any animal concerned. All money remaining

98-10 unclaimed must be deposited in the livestock inspection account after 1

98-11 year. The [division] department may disallow all claims if it deems the

98-12 claims illegal or if satisfactory evidence of title is not shown.

98-13 5. If the animal is consigned to a public livestock market for sale at that

98-14 market, the proceeds of the sale must be kept by the [division,] department

98-15 or, if the [division] department deems it advisable, by the public livestock

98-16 market, for 30 days, to permit the consignor to prove his legal ownership or

98-17 his right to sell the animal. If the consignor is unable to prove his

98-18 ownership to or his right to sell the animal, the proceeds must be disposed

98-19 of [as] in the manner provided in subsection 4.

98-20 Sec. 255. NRS 575.070 is hereby amended to read as follows:

98-21 575.070 1. Upon receipt of the reports from the committee for

98-22 assessing livestock pursuant to NRS 575.180, the Nevada beef council may

98-23 fix a special tax, to be known as the tax to promote beef, on all cattle

98-24 except calves that have not been weaned, the rate of which must not exceed

98-25 $1 per head. If such a tax is fixed, the council shall send a notice of the rate

98-26 of [this] the tax to the county assessor or treasurer of each county on or

98-27 before the first Monday in May of each year. The proceeds of the tax, if

98-28 any, must be deposited in the state treasury for credit to the account for the

98-29 promotion of beef.

98-30 2. During the month of April if such a tax is fixed, any person who has

98-31 paid the special tax may file a claim for a refund with the [division] state

98-32 department of agriculture , [of the department of business and industry,]

98-33 accompanied by a receipt showing the payment. Upon verification of the

98-34 claim, the [division] department shall transmit [it] the claim to the state

98-35 controller for payment from the account for the promotion of beef.

98-36 Sec. 256. NRS 575.080 is hereby amended to read as follows:

98-37 575.080 As used in NRS 575.080 to 575.230, inclusive, unless the

98-38 context otherwise requires:

98-39 1. "Board" means the state board of sheep commissioners.

98-40 2. ["Division"] "Department" means the [division] state department

98-41 of agriculture . [of the department of business and industry.]

98-42 3. "Livestock" means the animals subject to the taxes levied pursuant

98-43 to NRS 571.035 and 575.070.

99-1 4. "Sheep" means the animals subject to the taxes levied pursuant to

99-2 NRS 562.170 and 567.110.

99-3 5. "Tax" means any of the taxes levied pursuant to NRS 562.170,

99-4 567.110, 571.035 and 575.070.

99-5 Sec. 257. NRS 575.090 is hereby amended to read as follows:

99-6 575.090 1. There is hereby created in each county a committee for

99-7 assessing livestock composed of:

99-8 (a) Two persons who own livestock in the county and who are appointed

99-9 by the state board of agriculture;

99-10 (b) One person who owns sheep in the county and who is appointed by

99-11 the board or, if there is no owner of sheep in the county, another person

99-12 who owns livestock in the county who is appointed by the state board of

99-13 agriculture;

99-14 (c) A brand inspector who is designated by the [administrator] director

99-15 of the [division;] department; and

99-16 (d) The county assessor or a person designated by him.

99-17 2. Except as otherwise provided in this subsection, the term of each

99-18 member is 2 years, and any vacancy must be filled by appointment for the

99-19 unexpired term. The term of the county assessor expires upon the

99-20 expiration of the term of his office. A person designated by the county

99-21 assessor serves at the pleasure of the county assessor. The brand inspector

99-22 serves at the pleasure of the [administrator] director of the [division.]

99-23 department.

99-24 3. While engaged in official business of the committee for assessing

99-25 livestock, each member of the committee is entitled to:

99-26 (a) A salary not exceeding $60 per day for attending meetings or

99-27 performing other official business, to be paid from any money available to

99-28 the [division.] department.

99-29 (b) The per diem allowance and travel expenses fixed for state officers

99-30 and employees.

99-31 Sec. 258. NRS 575.120 is hereby amended to read as follows:

99-32 575.120 1. The [division] department shall prepare a form for

99-33 declaration of livestock and sheep on which an owner of livestock or sheep

99-34 shall declare the average number, kind and classification of all livestock

99-35 and sheep in the state owned by him during the year immediately preceding

99-36 the date the declaration is made.

99-37 2. Before May 6 of each year, the [division] department shall

99-38 distribute the form for declaration to all the county assessors.

99-39 Sec. 259. NRS 575.170 is hereby amended to read as follows:

99-40 575.170 1. An owner of sheep or livestock who wishes to challenge

99-41 the accuracy of the report as changed by the committee for assessing

99-42 livestock may, within 15 days after receiving notice of the change, file a

100-1 statement with the committee for assessing livestock for his county

100-2 specifying the alleged inaccuracy.

100-3 2. Upon receipt of the statement under subsection 1, the committee for

100-4 assessing livestock shall review the allegations and may [change what]

100-5 make any changes it considers necessary to make the report accurate and

100-6 complete. An owner of sheep or livestock, the board, or the [administrator]

100-7 director of the [division] department may appeal from any decision of the

100-8 committee for assessing livestock to and in the manner prescribed by the

100-9 state board of agriculture.

100-10 Sec. 260. NRS 575.180 is hereby amended to read as follows:

100-11 575.180 1. When the report of owners of livestock and sheep is

100-12 approved by the committee for assessing livestock as complete and

100-13 accurate, the approval must be noted on the report. The report must [then]

100-14 be returned to the county assessor and a copy sent to the board, the

100-15 [division] department and the Nevada beef council.

100-16 2. If, as the result of a challenge of the accuracy of the report, any

100-17 change is ordered in the report of owners of livestock and sheep after it has

100-18 been approved by the committee for assessing livestock, the county

100-19 assessor, the board, the [division] department and the Nevada beef council

100-20 must be notified of the change.

100-21 Sec. 261. NRS 575.190 is hereby amended to read as follows:

100-22 575.190 Using the tax levies from the board, the [division] department

100-23 and the Nevada beef council, the county assessor, auditor or treasurer shall

100-24 calculate the total taxes due from each owner of livestock or sheep based

100-25 on the report of owners of livestock or sheep approved by the committee

100-26 for assessing livestock.

100-27 Sec. 262. NRS 575.220 is hereby amended to read as follows:

100-28 575.220 Any taxes delinquent must be reported by the county assessor

100-29 or county treasurer to the:

100-30 1. [Division] Department, if the taxes were levied pursuant to NRS

100-31 571.035 and 575.070; or

100-32 2. Board , if the taxes were levied pursuant to NRS 562.170 and

100-33 567.110.

100-34 Sec. 263. NRS 575.230 is hereby amended to read as follows:

100-35 575.230 A brand inspection clearance certificate described in NRS

100-36 565.120 or a certificate or bill of health described in NRS 562.460 may not

100-37 be issued for the movement of any sheep or livestock owned by a person

100-38 delinquent in the payment of a tax. The [division] department may collect

100-39 any delinquent tax and the penalty and interest thereon at the time of a

100-40 brand or health inspection. The appropriate county authority must be

100-41 notified if the tax is so collected.

101-1 Sec. 264. Chapter 576 of NRS is hereby amended by adding thereto a

101-2 new section to read as follows:

101-3 "Director" means the director of the department.

101-4 Sec. 265. NRS 576.010 is hereby amended to read as follows:

101-5 576.010 As used in this chapter, unless the context otherwise requires,

101-6 the words and terms defined in NRS [576.011] 576.0115 to 576.018,

101-7 inclusive, and section 264 of this act have the meanings ascribed to them

101-8 in those sections.

101-9 Sec. 266. NRS 576.015 is hereby amended to read as follows:

101-10 576.015 ["Division"] "Department" means the [division] state

101-11 department of agriculture . [of the department of business and industry.]

101-12 Sec. 267. NRS 576.020 is hereby amended to read as follows:

101-13 576.020 A person shall not act as a broker, dealer, commission

101-14 merchant, cash buyer or agent without having obtained a license from the

101-15 [division] department as provided in this chapter.

101-16 Sec. 268. NRS 576.030 is hereby amended to read as follows:

101-17 576.030 1. Every person, before acting as a broker, dealer,

101-18 commission merchant, cash buyer or agent, shall file an application with the

101-19 [division] department for a license to transact such business. Separate

101-20 applications must be filed for each class of business.

101-21 2. The application must be on a form prescribed and furnished by the

101-22 [division] department and must set forth:

101-23 (a) The full name of the person applying for the license. If the applicant

101-24 is a firm, exchange, association or corporation, the full name of each

101-25 member of the firm, or the names of the officers of the exchange,

101-26 association or corporation must be given in the application.

101-27 (b) If the applicant is a natural person, the social security number of the

101-28 applicant.

101-29 (c) The principal business address of the applicant in this state and

101-30 elsewhere.

101-31 (d) The name [or names] of the person [or persons] authorized to accept

101-32 service of summons and legal notice of all kinds for the applicant.

101-33 (e) The names and addresses of all persons by whom the applicant has

101-34 been employed for a period of 3 years immediately preceding the making of

101-35 the application.

101-36 (f) A complete statement of the applicant’s business activity for the 3

101-37 years immediately preceding the making of the application which is not

101-38 covered by paragraph (e).

101-39 (g) A statement of whether the applicant has ever been arrested for

101-40 [anything] any crime other than a traffic violation punishable by a fine of

101-41 $25 or less and, if so, when and where, the nature of the crime charged, the

101-42 disposition of the charge, the title and address of the police [officials]

102-1 officers having custody of the record of arrest, and the names and locations

102-2 of all the courts before which any proceedings in connection with the arrest

102-3 took place.

102-4 (h) A statement of whether the applicant has ever been a party in a civil

102-5 suit and, if so, the nature of the suit, whether the applicant was the plaintiff

102-6 or the defendant, the disposition of the suit, and, if the applicant was the

102-7 defendant and lost, whether there is a judgment or any portion thereof

102-8 which remains unpaid.

102-9 (i) The county or counties in which the applicant proposes to engage in

102-10 business.

102-11 (j) The class or classes of farm products the applicant proposes to

102-12 handle.

102-13 (k) Such other information as the [division] department may reasonably

102-14 require.

102-15 3. In addition to the general requirements applicable to all classes of

102-16 applications as set forth in subsection 2, the following requirements apply

102-17 to the class of applications specified in [paragraphs (a) and (b) of] this

102-18 subsection:

102-19 (a) Commission merchants. Each application must include a complete

102-20 schedule of commissions and an itemized listing of all charges for all

102-21 services. Any services rendered for which charges are made, if not listed in

102-22 the schedule on the application, must be rendered on a strictly cost basis.

102-23 (b) Agents. Each application must be in the same form as an application

102-24 for a license as a broker, dealer or commission merchant, and must include

102-25 the name and address of the broker, dealer, commission merchant or cash

102-26 buyer represented or sought to be represented by the agent, and the written

102-27 endorsement or nomination of [such] the broker, dealer, commission

102-28 merchant or cash buyer.

102-29 4. The application must be accompanied by an executed instrument

102-30 whereby the applicant:

102-31 (a) Appoints and constitutes the [administrator] director and his

102-32 successor or successors in office the true and lawful attorney of the

102-33 applicant upon whom all lawful process in any action or legal proceeding

102-34 against the applicant arising in this state from a transaction under the

102-35 provisions of this chapter may be served; and

102-36 (b) Agrees that any [such] lawful process against him which may be

102-37 served upon his attorney as provided in this subsection is of the same force

102-38 and validity as if served upon him and that the authority thereof continues

102-39 in force irrevocably as long as any liability of the applicant in the state

102-40 remains outstanding.

102-41 Sec. 269. NRS 576.032 is hereby amended to read as follows:

102-42 576.032 1. A natural person who applies for the issuance or renewal

102-43 of a license as a broker, dealer, commission merchant, cash buyer or agent

103-1 shall submit to the [division] department the statement prescribed by the

103-2 welfare division of the department of human resources pursuant to NRS

103-3 425.520. The statement must be completed and signed by the applicant.

103-4 2. The [division] department shall include the statement required

103-5 pursuant to subsection 1 in:

103-6 (a) The application or any other forms that must be submitted for the

103-7 issuance or renewal of the license; or

103-8 (b) A separate form prescribed by the [division.] department.

103-9 3. A license as a broker, dealer, commission merchant, cash buyer or

103-10 agent may not be issued or renewed by the [division] department if the

103-11 applicant is a natural person who:

103-12 (a) Fails to submit the statement required pursuant to subsection 1; or

103-13 (b) Indicates on the statement submitted pursuant to subsection 1 that he

103-14 is subject to a court order for the support of a child and is not in

103-15 compliance with the order or a plan approved by the district attorney or

103-16 other public agency enforcing the order for the repayment of the amount

103-17 owed pursuant to the order.

103-18 4. If an applicant indicates on the statement submitted pursuant to

103-19 subsection 1 that he is subject to a court order for the support of a child and

103-20 is not in compliance with the order or a plan approved by the district

103-21 attorney or other public agency enforcing the order for the repayment of the

103-22 amount owed pursuant to the order, the [division] department shall advise

103-23 the applicant to contact the district attorney or other public agency

103-24 enforcing the order to determine the actions that the applicant may take to

103-25 satisfy the arrearage.

103-26 Sec. 270. NRS 576.035 is hereby amended to read as follows:

103-27 576.035 1. The [division] department shall require the applicant for

103-28 a license as a broker, dealer, commission merchant, cash buyer or agent to

103-29 make a showing of character, responsibility and good faith in seeking to

103-30 carry on the business stated in the application, and may make

103-31 investigations, hold hearings and make determinations regarding [such]

103-32 those matters.

103-33 2. [Should] If the applicant [be] is a corporation or partnership, it shall

103-34 [likewise] satisfy the [division] department of the character, responsibility

103-35 and good faith of all persons connected with it in a responsible or managing

103-36 position, [such as] including the manager, superintendent, officer [or] and

103-37 director.

103-38 3. Failure of any person to satisfy the [division] department of his

103-39 character, responsibility or good faith may be considered by the [division]

103-40 department as adverse to a showing of such qualifications and is [good

103-41 and] sufficient grounds for the denial of an application for a license or of

103-42 the renewal thereof. [Previous] A previous conviction of a felony, previous

104-1 bankruptcy, voluntary or involuntary, or previous violation of this chapter

104-2 may be considered by the [division] department as adverse to a showing of

104-3 such character, responsibility or good faith on the part of the applicant.

104-4 4. Any person adjudged a bankrupt, or any person against whose

104-5 bondsman or bondsmen or deposit in lieu of bond a claim [or claims have]

104-6 has been collected by a court order, who has not made full settlement with

104-7 all producer-creditors, may not be licensed by the [division during the

104-8 period of] department for 3 years [from] after the date of [such] the

104-9 adjudication or collection.

104-10 5. The [division] department may refuse to accept a new application

104-11 for a license by an applicant rejected pursuant to this section for a period

104-12 not exceeding 3 years [from] after the date of rejection of the first

104-13 application.

104-14 Sec. 271. NRS 576.040 is hereby amended to read as follows:

104-15 576.040 1. Each applicant to whom a license to act as a dealer,

104-16 broker or commission merchant is issued shall:

104-17 (a) File one of the following:

104-18 (1) A bond of a surety company authorized to do business in this

104-19 state.

104-20 (2) A bond with individual sureties owning unencumbered real

104-21 property within this state subject to execution and worth, above all

104-22 exemptions, double the amount of the bond.

104-23 (3) A personal bond secured by a first deed of trust on real property

104-24 within this state which is subject to execution and worth, above all

104-25 exemptions, double the amount of the bond. [When] If the applicant files

104-26 the bond with the [division] department, he shall also file a policy of title

104-27 insurance on the real property from a title insurance company licensed in

104-28 this state which states that the property is free and clear of all

104-29 encumbrances and liens other than the first deed of trust. The applicant

104-30 shall certify under oath that the property is worth at least twice the amount

104-31 of the bond and that it is unencumbered. The certificate must be approved

104-32 by the [division.] department.

104-33 The bond must be in the form prescribed by, and to the satisfaction of, the

104-34 [division,] department, conditioned for the payment of a judgment against

104-35 the applicant and arising out of the failure of the applicant or his agent to

104-36 conduct his business in accordance with the provisions of this chapter, or

104-37 for nonpayment of obligations in connection with the purchase and sale of

104-38 livestock or farm products. The bond must provide that the surety company,

104-39 if any, will notify the [division] department before the end of the second

104-40 business day after any claim or judgment has been made against the bond.

104-41 The aggregate liability of any surety to all claimants is limited to the

104-42 amount of the bond for each licensing period.

105-1 (b) File a copy of the bond required by the United States pursuant to the

105-2 provisions of the Packers and Stockyards Act , [(] 7 U.S.C. § 204 . [).]

105-3 (c) Furnish other security in the amount required by this section which is

105-4 acceptable to the [division.] department.

105-5 2. In lieu of complying with one of the alternatives provided in

105-6 subsection 1, the dealer, broker or commission merchant may deliver to the

105-7 [division] department the receipt of a bank or trust company in this state

105-8 showing the deposit with that bank or trust company of cash or of securities

105-9 endorsed in blank by the owner thereof and of a market value equal at least

105-10 to the required principal amount of the bond. The cash or securities must be

105-11 deposited in escrow under an agreement conditioned as in the case of a

105-12 bond. Any receipt must be accompanied by evidence that there are no

105-13 unsatisfied judgments against the dealer, broker or commission merchant of

105-14 record in the county [or counties] in which he is doing business or resides.

105-15 An action for recovery against any such deposit may be brought in the same

105-16 manner as in the case of an action for recovery on a bond filed under the

105-17 provisions of NRS 576.042.

105-18 3. The amount of the bond, other security or deposit must be:

105-19 (a) Based on the applicant’s annual volume of purchases, according to a

105-20 schedule adopted by the [division;] department; and

105-21 (b) Not less than $5,000 [nor] or more than $100,000.

105-22 4. All bonds must be renewed or continued in accordance with

105-23 regulations adopted by the [division.] department.

105-24 5. Any licensed dealer, broker or commission merchant who knowingly

105-25 sells or otherwise encumbers real property which is the security for a bond

105-26 under subsection 1, after a policy of title insurance on that property has

105-27 been issued and while the bond is in force, is guilty of a gross

105-28 misdemeanor.

105-29 Sec. 272. NRS 576.042 is hereby amended to read as follows:

105-30 576.042 1. Any:

105-31 (a) Producer of livestock or farm products or his agent or consignee;

105-32 (b) Licensed broker, dealer or commission merchant; or

105-33 (c) [Organization] Nonprofit organization or association [which is

105-34 entirely nonprofit in character, such as] , including the Nevada Fair
105-35 of Mineral Industries, 4-H clubs, the Nevada junior livestock show,
105-36 the Nevada state livestock show [or] and the Nevada Hereford
105-37 Association,

105-38 who is injured by any violation of the provisions of this chapter, or by any

105-39 misrepresentations or fraud on the part of any licensed dealer, broker or

105-40 commission merchant, may maintain a civil action against the dealer,

105-41 broker or commission merchant. If the dealer, broker or commission

105-42 merchant is licensed, he may also maintain an action against the surety on

106-1 any bonds, or the money or securities deposited in lieu of a bond. In such

106-2 an action against an unlicensed dealer, broker or commission merchant, the

106-3 injured person is entitled to treble damages.

106-4 2. Any person having a claim pursuant to subsection 1 against any

106-5 licensed dealer, broker or commission merchant must begin legal action on

106-6 any bond, or money or securities deposited in lieu of a bond, for recovery

106-7 of the amount claimed to be due within 1 year after the claim has accrued.

106-8 3. Pursuant to subsection 4 of NRS 576.030, process may be served by

106-9 delivering to the [administrator] director duplicate copies of the process

106-10 and paying a fee of $2. The service upon the [administrator] director shall

106-11 be deemed service upon the dealer, broker or commission merchant. The

106-12 [administrator] director shall forward one copy of the process by registered

106-13 mail prepaid to the defendant dealer, broker or commission merchant,

106-14 giving the day and hour of service. The defendant’s return receipt is prima

106-15 facie evidence of the completion of service. If service of summons is made

106-16 upon the [administrator] director in accordance with the provisions of this

106-17 subsection, the time within which the defendant is required to appear is

106-18 extended 10 days. The provisions of this subsection are not exclusive, but if

106-19 a defendant dealer, broker or commission merchant is found within the

106-20 State of Nevada, he must be served with process in the State of Nevada.

106-21 Sec. 273. NRS 576.045 is hereby amended to read as follows:

106-22 576.045 If any licensed dealer, broker or commission merchant for any

106-23 reason ceases to operate as such, the amount of money or securities

106-24 deposited in lieu of a bond must be retained by the [division] department

106-25 for 1 year. If after the expiration of 1 year after the cessation of such

106-26 operation, no legal action has been commenced to recover against the

106-27 money or securities, they must be delivered to the owner. If a legal action

106-28 has been commenced within that time, all the money and securities must be

106-29 held by the [division] department subject to the order of the district court.

106-30 Sec. 274. NRS 576.048 is hereby amended to read as follows:

106-31 576.048 1. If the [division] department receives notice from a

106-32 producer of livestock or farm products or his agent or consignee of the

106-33 default of a licensed dealer, broker or commission merchant, the [division]

106-34 department shall issue an order to the licensee to show cause why his

106-35 license should not be revoked. The notice must be in writing and set forth a

106-36 time and place for a hearing to be held before the [administrator of the

106-37 division.] director.

106-38 2. If a license is revoked pursuant to subsection 1, the [division]

106-39 director shall, by publication in a newspaper of general circulation in the

106-40 area, notify all known producers of livestock or farm products in the area in

106-41 which the licensee operated that the license has been revoked.

107-1 Sec. 275. NRS 576.050 is hereby amended to read as follows:

107-2 576.050 1. Each applicant for a license as a broker, dealer,

107-3 commission merchant or cash buyer shall pay to the [division] department

107-4 an annual license fee of $40.

107-5 2. Each applicant for a license as an agent shall pay to the [division]

107-6 department an annual license fee of $10.

107-7 Sec. 276. NRS 576.060 is hereby amended to read as follows:

107-8 576.060 1. Upon receipt of an application for a license, accompanied

107-9 by the license fee and a surety bond, other acceptable security, a copy of

107-10 the bond required by the United States, or a deposit receipt, as provided in

107-11 NRS 576.040, and the statement required pursuant to NRS 576.032, the

107-12 [division] department shall examine the application, bond and other papers

107-13 and, subject to the provisions of NRS 576.032 and 576.120, upon the

107-14 completion of its investigation, the [division] department shall grant the

107-15 license as applied for.

107-16 2. The [division] department shall complete its investigation and issue

107-17 or deny the license within 30 days after receipt of the application, bond and

107-18 other papers.

107-19 Sec. 277. NRS 576.080 is hereby amended to read as follows:

107-20 576.080 Licenses must be in such form as the [division] department

107-21 may prescribe, must be under the seal of the [division] department and

107-22 must set forth:

107-23 1. The name and address of the dealer, broker, commission merchant,

107-24 cash buyer or agent.

107-25 2. The period of the license.

107-26 3. Such other information as the [division] department reasonably may

107-27 require.

107-28 4. The amount of the bond, deposit or other security required by NRS

107-29 576.040.

107-30 Sec. 278. NRS 576.100 is hereby amended to read as follows:

107-31 576.100 1. [No agent may] An agent shall not act for any dealer,

107-32 broker, cash buyer or commission merchant unless:

107-33 (a) The dealer, broker, cash buyer or commission merchant is licensed

107-34 and has designated the agent to act in his behalf; and

107-35 (b) The [division] department has been notified in writing and has

107-36 approved the appointment of the agent.

107-37 2. The dealer, broker, cash buyer or commission merchant is

107-38 accountable and responsible for contracts made by his agents.

107-39 3. An agent must, [prior to] before approval by the [division,]

107-40 department, file an application with the [division] department pursuant to

107-41 paragraph (b) of subsection 3 of NRS 576.030.

108-1 Sec. 279. NRS 576.110 is hereby amended to read as follows:

108-2 576.110 1. The [division] department on its own motion may, or

108-3 upon the verified complaint of any interested party shall, investigate,

108-4 examine or inspect any transaction involving solicitation, receipt, sale or

108-5 attempted sale of farm products by any person or persons acting or

108-6 assuming to act as a dealer, agent, commission merchant or broker, the

108-7 intentional making of false statements as to condition and quantity of any

108-8 farm products received or in storage, the intentional making of false

108-9 statements as to market conditions, the failure to make payment for farm

108-10 products within the time required by this chapter, and all other injurious

108-11 transactions.

108-12 2. In furtherance of any such investigation, examination or inspection,

108-13 the [division] department or any authorized representative may examine

108-14 that portion of the ledgers, books, accounts, memoranda and other

108-15 documents, farm products, scales, measures and other articles and things

108-16 used in connection with the business of [such] the person relating to the

108-17 transaction involved.

108-18 Sec. 280. NRS 576.120 is hereby amended to read as follows:

108-19 576.120 1. The [division] department may refuse to grant or renew a

108-20 license or registration as provided in subsection 4 of NRS 576.140 or may

108-21 suspend or revoke a license or registration as provided in subsection 4 of

108-22 NRS 576.140 [already granted] if, after [due] notice and a hearing, the

108-23 [division] department is satisfied of the existence of any of the following

108-24 facts, the existence of which is hereby declared to be a violation of this

108-25 chapter:

108-26 (a) That the applicant or licensee has intentionally made any false or

108-27 misleading statement [as to] concerning the conditions of the market for

108-28 any farm products.

108-29 (b) That the applicant or licensee has made fictitious sales or has been

108-30 guilty of collusion to defraud the producer.

108-31 (c) That the licensee was intentionally guilty of fraud or deception in the

108-32 procurement of the license.

108-33 (d) That the applicant or licensee has in the handling of any farm

108-34 products been guilty of fraud, deceit or willful negligence.

108-35 (e) That the licensee, without reasonable cause, has failed or refused to

108-36 execute or carry out a lawful contract with a producer.

108-37 (f) That the licensee, without reasonable cause, has issued checks for the

108-38 payment of farm products received without sufficient [funds] money to

108-39 cover them or has stopped payment on a check given in payment for farm

108-40 products received.

108-41 (g) That the licensee, without reasonable cause, has failed to account or

108-42 make payment for farm products as required by this chapter.

109-1 (h) That the licensee has knowingly employed an agent without causing

109-2 the agent to comply with the licensing requirements of this chapter

109-3 applicable to agents.

109-4 (i) That the licensee has failed or refused to [keep,] maintain and file

109-5 records as required by this chapter.

109-6 (j) That the licensee has failed or refused to [keep and] maintain a bond

109-7 or other security as required by the provisions of NRS 576.040.

109-8 2. The [division] department may suspend, pending inquiry, for not

109-9 longer than 30 days, and after hearing or investigation may refuse to grant,

109-10 renew or revoke any license as the case may require, [when] if it is satisfied

109-11 that the licensee has become bankrupt or insolvent, and is thereby unable to

109-12 pay producer-creditors of the licensee, or producers with whom the licensee

109-13 has executory or executed contracts for the purchase of farm products, or

109-14 for the handling of farm products on consignment.

109-15 3. A license is suspended automatically, without action of the

109-16 [division,] department, if the bond filed pursuant to subsection 1 of NRS

109-17 576.040 is canceled, and remains suspended until [such] the bond is

109-18 renewed.

109-19 4. In the case of any hearing held under the provisions of this section,

109-20 there must be filed in the office of the [division] department a

109-21 memorandum stating briefly the reasons of the [division] department for

109-22 the denial, suspension or revocation of the license, but formal findings of

109-23 fact need not be made or filed.

109-24 Sec. 281. NRS 576.121 is hereby amended to read as follows:

109-25 576.121 1. If the [division] department receives a copy of a court

109-26 order issued pursuant to NRS 425.540 that provides for the suspension of

109-27 all professional, occupational and recreational licenses, certificates and

109-28 permits issued to a person who is the holder of a license as a broker, dealer,

109-29 commission merchant, cash buyer or agent, the [division] department shall

109-30 deem the license issued to that person to be suspended at the end of the

109-31 30th day after the date on which the court order was issued unless the

109-32 [division] department receives a letter issued to the holder of the license by

109-33 the district attorney or other public agency pursuant to NRS 425.550 stating

109-34 that the holder of the license has complied with the subpoena or warrant or

109-35 has satisfied the arrearage pursuant to NRS 425.560.

109-36 2. The [division] department shall reinstate a license as a broker,

109-37 dealer, commission merchant, cash buyer or agent that has been suspended

109-38 by a district court pursuant to NRS 425.540 if the [division] department

109-39 receives a letter issued by the district attorney or other public agency

109-40 pursuant to NRS 425.550 to the person whose license was suspended

109-41 stating that the person whose license was suspended has complied with the

109-42 subpoena or warrant or has satisfied the arrearage pursuant to NRS

109-43 425.560.

110-1 Sec. 282. NRS 576.123 is hereby amended to read as follows:

110-2 576.123 1. Every commission merchant, having received any farm

110-3 products for sale as a commission merchant, shall promptly make and keep

110-4 a correct record showing in detail the following with reference to the

110-5 handling, sale or storage of the farm products:

110-6 (a) The name and address of the consignor.

110-7 (b) The date received.

110-8 (c) The condition and quantity upon arrival.

110-9 (d) Date of [such] the sale for account of the consignor.

110-10 (e) The price for which sold.

110-11 (f) An itemized statement of the charges to be paid by the consignor in

110-12 connection with the sale.

110-13 (g) The names and addresses of all purchasers if the commission

110-14 merchant has any financial interest in the business of the purchasers, or if

110-15 the purchasers have any financial interest in the business of the commission

110-16 merchant, directly or indirectly, as holder of the other’s corporate stock, as

110-17 copartner, as lender or borrower of money to or from the other, or

110-18 otherwise, the interest must be noted in the records following the name of

110-19 the purchaser.

110-20 (h) A lot number or other identifying mark for each consignment, which

110-21 number or mark must appear on all sales tags and other essential records

110-22 needed to show the amount for which the farm products actually sold.

110-23 (i) Any claim or claims which have been or may be filed by the

110-24 commission merchant against any person for overcharges or for damages

110-25 resulting from the injury or deterioration of the farm products by the act,

110-26 neglect or failure of the person. The records must be open to the inspection

110-27 of the [administrator] director and the consignor of farm products for

110-28 whom the claim or claims are made.

110-29 2. Every dealer purchasing any farm products from the producer

110-30 thereof shall promptly make and keep for 1 year a correct record showing

110-31 in detail the following:

110-32 (a) The name and address of the grower.

110-33 (b) The date received.

110-34 (c) The price to be paid.

110-35 (d) An itemized statement of any charges paid by the dealer for the

110-36 account of the producer.

110-37 3. Every broker, upon negotiating the sale of farm products, shall issue

110-38 to [both] buyer and seller a written memorandum of sale, showing price,

110-39 date of delivery, quality and other details concerned in the transaction. A

110-40 copy of the memorandum must be retained by the broker for [a period of] 1

110-41 year.

111-1 Sec. 283. NRS 576.125 is hereby amended to read as follows:

111-2 576.125 1. [When] If requested by his consignor, a commission

111-3 merchant shall, before the close of the next business day following the sale

111-4 of any farm products consigned to him, transmit or deliver to the owner or

111-5 consignor of the farm products a true written account of the sale, showing

111-6 the amount sold and the selling price. Remittance in full of the amount

111-7 realized from such sales, including all collections, overcharges and

111-8 damages, less the agreed commission and other charges, together with a

111-9 complete account of sales, must be made to the consignor within 10 days

111-10 after receipt of the money by the commission merchant, unless otherwise

111-11 agreed in writing.

111-12 2. Each commission merchant shall retain a copy of all records

111-13 covering each transaction for [a period of] 1 year [from] after the date

111-14 thereof, which copy must at all times be available for and open to the

111-15 confidential inspection of the [administrator] director and the consignor, or

111-16 an authorized representative of [either.] the director or consignor.

111-17 3. Each dealer shall pay for farm products delivered to him at the time

111-18 and in the manner specified in the contract with the producer, but if no time

111-19 is set by the contract, or at the time of the delivery, [then] within 30 days

111-20 after the delivery or taking possession of the farm products, except that

111-21 livestock whose sale is subject to the Packers and Stockyards Act, 7 U.S.C.

§§ 181 to 231, inclusive, must be paid for within the [time] period required

111-22 by that act and any applicable regulations adopted [thereunder.] pursuant

111-23 thereto.

111-24 4. A person who, with the intent to defraud, fails to make full payment

111-25 for farm products purchased pursuant to this chapter within 10 days after

111-26 receiving written notice of the fact that the payment is past due:

111-27 (a) Is guilty of a gross misdemeanor, if the amount owed is $1,000 or

111-28 less.

111-29 (b) Is guilty of a category D felony, if the amount owed is more than

111-30 $1,000, and shall be punished as provided in NRS 193.130. In addition to

111-31 any other penalty, the court shall order the person to pay restitution.

111-32 Sec. 284. NRS 576.127 is hereby amended to read as follows:

111-33 576.127 1. Each dealer, commission merchant and cash buyer

111-34 operating a motor vehicle in the conduct of his licensed business shall carry

111-35 on the motor vehicle a manifest on a form to be prescribed or approved by

111-36 the [division] department showing:

111-37 (a) A description of the cargo on the motor vehicle.

111-38 (b) The brand inspection certificate number for any livestock being

111-39 transported.

111-40 (c) Where and from whom the cargo was purchased.

112-1 (d) The weight or measure upon which the purchase was made and, if

112-2 purchased upon weight, where and by whom weighed and the weight

112-3 obtained at the weighing.

112-4 2. The manifest must be executed in triplicate. One copy must be given

112-5 to the consignor or seller. One copy must be retained by the licensee, and

112-6 the original, signed by the licensee, must be transmitted immediately to the

112-7 [division.] department.

112-8 3. [False] Any false statements included on a manifest [as to]

112-9 concerning the nature, quantity, weight, count, grade, quality or any other

112-10 essential feature of the cargo constitute grounds for suspension or

112-11 cancellation of the licensee’s license issued pursuant to the provisions of

112-12 this chapter.

112-13 Sec. 285. NRS 576.128 is hereby amended to read as follows:

112-14 576.128 1. The [division] department shall adopt regulations

112-15 pursuant to which a person may obtain certification that he is an actual

112-16 producer of an agricultural product of the soil. The regulations may include

112-17 provisions for the certification by reciprocity of a person who holds a

112-18 similar certification from another jurisdiction where the requirements for

112-19 that certification are substantially equal to the requirements in this state.

112-20 2. The [division] department may impose fees for the certification of

112-21 persons as actual producers of an agricultural product of the soil and any

112-22 inspections necessary for that certification. The fees must be set in an

112-23 amount which approximates the cost to the [division] department of

112-24 performing those services and activities.

112-25 3. A person who obtains certification pursuant to this section is exempt

112-26 from any:

112-27 (a) Tax or other fee imposed pursuant to NRS 244.335, 266.355,

112-28 subsection 7 of NRS 266.600, NRS 268.095, 269.170 or 269.175, relating

112-29 to the issuance of any license to sell or offer to sell, in its natural and

112-30 unprocessed state directly to any consumer, restaurant or grocery store, an

112-31 agricultural product of the soil for which the person has obtained

112-32 certification pursuant to this section.

112-33 (b) Fee imposed for:

112-34 (1) The issuance of a permit pursuant to the provisions of chapter 446

112-35 of NRS to sell or offer to sell, in its natural and unprocessed state directly

112-36 to any consumer, restaurant or grocery store, an agricultural product of the

112-37 soil for which the person has obtained certification pursuant to this section;

112-38 or

112-39 (2) Any inspection conducted pursuant to the provisions of chapter

112-40 446 of NRS relating to such a sale or offer to sell.

112-41 Sec. 286. NRS 576.131 is hereby amended to read as follows:

112-42 576.131 1. An owner of alternative livestock may request assistance

112-43 from the [division of agriculture,] department, the division of wildlife of

113-1 the state department of conservation and natural resources and local law

113-2 enforcement agencies to recapture any alternative livestock that has

113-3 escaped from confinement.

113-4 2. Any alternative livestock that is recaptured may be impounded at a

113-5 suitable facility until sufficient repairs or improvements are made to the

113-6 owner’s facility to ensure that the escape of the alternative livestock does

113-7 not recur.

113-8 3. The owner of the alternative livestock is liable for:

113-9 (a) The costs incurred by the [division of agriculture,] department, the

113-10 division of wildlife of the state department of conservation and natural

113-11 resources and any local law enforcement agency to recapture the alternative

113-12 livestock;

113-13 (b) The costs of impounding the alternative livestock; and

113-14 (c) Any damages caused by the alternative livestock during the escape.

113-15 Sec. 287. NRS 576.133 is hereby amended to read as follows:

113-16 576.133 [When the administrator] If the director believes, on the basis

113-17 of a verified complaint or of an investigation made pursuant to NRS

113-18 576.110, that any licensee or person assuming to transact business for

113-19 which a license is required under this chapter is violating or is about to

113-20 violate any provision of this chapter, he may order the licensee or other

113-21 person to cease and desist from the unlawful practice. The order ceases to

113-22 be effective upon the expiration of 10 days, exclusive of Saturdays,

113-23 Sundays and other nonjudicial days, [from] after its date of issuance unless

113-24 a court has, pursuant to NRS 576.135, issued an order which continues the

113-25 restraint.

113-26 Sec. 288. NRS 576.135 is hereby amended to read as follows:

113-27 576.135 [Whenever] If any licensee or person assuming to transact

113-28 business for which a license is required under this chapter has engaged or is

113-29 about to engage in any acts or practices which constitute or will constitute

113-30 an offense against this chapter or the rules and regulations adopted by the

113-31 [division pursuant to law,] department, the district court of any county, on

113-32 application of the [administrator,] director, may issue an injunction or other

113-33 appropriate order restraining [such] the conduct. Proceedings under this

113-34 section are governed by Rule 65 of the Nevada Rules of Civil Procedure,

113-35 except that no bond or undertaking is required in any action commenced by

113-36 the [administrator.] director.

113-37 Sec. 289. NRS 576.137 is hereby amended to read as follows:

113-38 576.137 A cash purchaser, purchasing for his own use, may be

113-39 exempted by the [division] department from the requirements of this

113-40 chapter upon his filing of an affidavit stating such facts as may be required

113-41 by the [division.] department.

114-1 Sec. 290. NRS 576.140 is hereby amended to read as follows:

114-2 576.140 Except as otherwise provided in NRS 576.042, the provisions

114-3 of this chapter do not apply to:

114-4 1. The Nevada Fair of Mineral Industries, 4-H clubs, the Nevada junior

114-5 livestock show, the Nevada state livestock show, the Nevada Hereford

114-6 Association, or any other nonprofit organization or association . [which is

114-7 entirely nonprofit in character.]

114-8 2. Any railroad transporting livestock [either] interstate or intrastate.

114-9 3. Any farmer or rancher purchasing or receiving livestock for grazing,

114-10 pasturing or feeding on his premises within the State of Nevada and not for

114-11 immediate resale.

114-12 4. Operators of public livestock auctions as defined in NRS 573.010,

114-13 and all buyers of livestock at [such] those auctions at which the public

114-14 livestock auction licensee does not control title or ownership to the

114-15 livestock being sold or purchased at [such] those auctions, and any person

114-16 buying for interstate shipments only and subject to and operating under a

114-17 bond required by the United States pursuant to the provisions of the

114-18 Packers and Stockyards Act , [(] 7 U.S.C. § 204 , [)] and the regulations

114-19 adopted [thereunder. All persons] pursuant to those provisions. Each

114-20 person exempted by the provisions of this subsection shall register annually

114-21 with the [division,] department, giving the location of [their] his place of

114-22 business, the number of [their] his license and bond and the expiration date

114-23 thereof. Each such registrant shall pay an annual registration fee of $40 to

114-24 the [division.] department.

114-25 5. Any farmer or rancher whose farm or ranch is located in the State of

114-26 Nevada, who buys or receives farm products or livestock from another

114-27 farmer or rancher not for immediate resale.

114-28 6. Any retail merchant having a fixed and established place of business

114-29 in this state and who conducts a retail business exclusively.

114-30 Sec. 291. NRS 576.150 is hereby amended to read as follows:

114-31 576.150 1. Except as otherwise provided by a specific statute, a

114-32 person who acts as a dealer, broker, commission merchant, cash buyer or

114-33 agent without a license therefor as required by the provisions of this

114-34 chapter, or who violates any other provision of this chapter, or any of the

114-35 regulations lawfully adopted pursuant to provisions of this chapter, is guilty

114-36 of a misdemeanor. If the violation relates to the failure to make payment for

114-37 farm products, an intent to defraud must be proven before a misdemeanor

114-38 or other penalty may be imposed.

114-39 2. Any prosecution brought pursuant to this chapter may be brought in

114-40 any county of this state in which the defendant or any one of the defendants

114-41 resides, or in which the unlawful act was committed, or in which the

114-42 defendant or any one of the defendants has his principal place of business.

115-1 3. In addition to any criminal penalty imposed pursuant to, or any

115-2 remedy provided by, this chapter, the [administrator,] director, after notice

115-3 and a hearing in an administrative proceeding, may issue an order against

115-4 any person who has violated any provision of this chapter or any regulation

115-5 adopted pursuant to this chapter imposing a civil penalty of not more than

115-6 $5,000 for each violation. Any civil penalty collected pursuant to this

115-7 subsection must be deposited in the state general fund.

115-8 Sec. 292. NRS 581.030 is hereby amended to read as follows:

115-9 581.030 The [administrator] director of the [division] state

115-10 department of agriculture [of the department of business and industry] is

115-11 hereby designated and constituted ex officio state sealer of weights and

115-12 measures, and is charged with the proper enforcement of the provisions of

115-13 this chapter.

115-14 Sec. 293. NRS 581.500 is hereby amended to read as follows:

115-15 581.500 1. The council, consisting of seven members appointed by

115-16 the governor, is hereby created within the [division] state department of

115-17 agriculture . [of the department of business and industry.]

115-18 2. The governor shall appoint:

115-19 (a) One member from business.

115-20 (b) One member from the engineering profession.

115-21 (c) One member from a trade organization.

115-22 (d) One member from industry.

115-23 (e) One member from a labor organization.

115-24 (f) One member from the faculty of a university in the University and

115-25 Community College System of Nevada.

115-26 (g) One member from the faculty of a public elementary or secondary

115-27 school.

115-28 Sec. 294. NRS 581.520 is hereby amended to read as follows:

115-29 581.520 1. The council may accept gifts or grants from any source,

115-30 and expend money so received or otherwise available to it to contract with

115-31 qualified persons or institutions for research in matters related to the

115-32 conversion to the metric system of weights and measures.

115-33 2. There is hereby created in the state treasury the metric system trust

115-34 fund. The [administrator] director of the [division] state department of

115-35 agriculture [of the department of business and industry] is responsible for

115-36 the administration of the trust fund and shall deposit with the state treasurer

115-37 for credit to the [trust] fund any money obtained by the council pursuant to

115-38 this section. Claims against the [trust] fund must be approved by the

115-39 council and paid as other claims against the state are paid.

115-40 Sec. 295. NRS 581.530 is hereby amended to read as follows:

115-41 581.530 The council shall:

115-42 1. Conduct appropriate research and investigations to determine the

115-43 problems [faced] experienced by business, industry, science, engineering,

116-1 education, labor, governmental agencies and the people of Nevada in a

116-2 transition to the metric system.

116-3 2. Provide information on the metric system and on conversion to its

116-4 use.

116-5 3. Recommend legislation and amendments to regulations of executive

116-6 agencies to provide for [a smooth] an orderly transition to the metric

116-7 system.

116-8 4. Cooperate with the United States Metric Board where appropriate.

116-9 5. Report to the legislature and [to] the governor through the

116-10 [administrator] director of the [division] state department of agriculture [of

116-11 the department of business and industry] during the month of January of

116-12 each odd-numbered year [,] on its activities and the progress toward

116-13 conversion to the metric system of weights and measures.

116-14 6. Perform other duties necessary to carry out the provisions of NRS

116-15 581.500 to 581.540, inclusive.

116-16 Sec. 296. NRS 583.055 is hereby amended to read as follows:

116-17 583.055 1. The [division] state department of agriculture [of the

116-18 department of business and industry] shall establish a program for grading

116-19 and certifying meats, prepared meats and meat products in conformity with

116-20 federal practice.

116-21 2. The [division] department may enter into cooperative agreements

116-22 with the Agricultural Marketing Service of the United States Department of

116-23 Agriculture and the college of agriculture of the University of Nevada,

116-24 Reno, and adopt appropriate regulations to carry out the program.

116-25 3. The [division] department may establish fees, to be collected from

116-26 slaughtering or other processing operations, for the purpose of grading and

116-27 certifying meats, prepared meats and meat products.

116-28 Sec. 297. Chapter 586 of NRS is hereby amended by adding thereto a

116-29 new section to read as follows:

116-30 "Director" means the director of the state department of agriculture.

116-31 Sec. 298. NRS 586.020 is hereby amended to read as follows:

116-32 586.020 As used in NRS 586.010 to 586.450, inclusive, unless the

116-33 context otherwise requires, the words and terms defined in NRS 586.030

116-34 to 586.220, inclusive, and section 297 of this act have the meanings

116-35 ascribed to them in those sections . [unless the context otherwise requires.]

116-36 Sec. 299. NRS 586.053 is hereby amended to read as follows:

116-37 586.053 "Certified applicator" means any person who is certified by

116-38 the [administrator] director as qualified to use or supervise the use of any

116-39 restricted-use pesticide.

116-40 Sec. 300. NRS 586.060 is hereby amended to read as follows:

116-41 586.060 "Device" means any instrument or contrivance intended for

116-42 trapping, destroying, repelling or mitigating insects or rodents, or

116-43 destroying, repelling or mitigating fungi or weeds, or such other pests as

117-1 designated by the [administrator, but not including] director. The term

117-2 does not include equipment used for the application of pesticides when

117-3 sold separately therefrom.

117-4 Sec. 301. NRS 586.195 is hereby amended to read as follows:

117-5 586.195 "Pesticide" [means] includes, but is not limited to:

117-6 1. Any substance or mixture of substances, including any living

117-7 organisms , [or] any product derived therefrom [or] and any fungicide,

117-8 herbicide, insecticide, nematocide [or] and rodenticide, intended to

117-9 prevent, destroy, control, repel, attract or mitigate any insect, rodent,

117-10 nematode, snail, slug, fungus, weed and any other form of plant or animal

117-11 life or virus, except a virus on or in living [man] humans or other animals,

117-12 which is normally considered to be a pest or which the [administrator]

117-13 director declares to be a pest.

117-14 2. Any substance or mixture of substances intended to be used as a

117-15 plant regulator, defoliant, desiccant, and any other [substances] substance

117-16 intended for [such] that use as [is] named by the [administrator] director by

117-17 regulation . [after calling a public hearing for such purpose.]

117-18 Sec. 302. NRS 586.205 is hereby amended to read as follows:

117-19 586.205 "Restricted-use pesticide" means any pesticide, including any

117-20 highly toxic pesticide, which:

117-21 1. The [administrator has found and determined, subsequent to]

117-22 director has determined after a hearing, to be:

117-23 (a) Injurious to persons, pollinating insects, bees, animals, crops or land,

117-24 other than pests or vegetation it is intended to prevent, destroy, control or

117-25 mitigate; or

117-26 (b) Detrimental to:

117-27 (1) Vegetation, except weeds;

117-28 (2) Wildlife; or

117-29 (3) Public health and safety; or

117-30 2. Has been classified for restricted use by or under the supervision of

117-31 a certified applicator in accordance with the Federal Environmental

117-32 Pesticide Control Act , [(] 7 U.S.C. §§ 136 et seq. [).]

117-33 Sec. 303. NRS 586.210 is hereby amended to read as follows:

117-34 586.210 "Rodenticide" means any substance or mixture of substances

117-35 intended for preventing, destroying, repelling or mitigating rodents or any

117-36 other vertebrate animal which the [administrator] director declares to be a

117-37 pest.

117-38 Sec. 304. NRS 586.230 is hereby amended to read as follows:

117-39 586.230 Jurisdiction in all matters pertaining to the distribution, sale

117-40 and transportation of pesticides and devices is [by] , pursuant to NRS

117-41 586.010 to 586.450, inclusive, vested exclusively in the [administrator.]

117-42 director.

118-1 Sec. 305. NRS 586.250 is hereby amended to read as follows:

118-2 586.250 1. [Every] Each pesticide which is distributed, sold, or

118-3 offered for sale within this state or delivered for transportation or

118-4 transported in intrastate commerce or between points within this state

118-5 through any point outside this state must be registered in the office of the

118-6 [administrator] director and renewed annually.

118-7 2. Products which have the same formula and are manufactured by the

118-8 same person, the labeling of which contains the same claims, and the labels

118-9 of which bear a designation identifying the product as the same pesticide

118-10 may be registered as a single pesticide. Additional names and labels may be

118-11 added by supplemental statements during the current period of registration.

118-12 Sec. 306. NRS 586.260 is hereby amended to read as follows:

118-13 586.260 1. The registrant shall file with the [administrator] director a

118-14 statement including:

118-15 (a) The name and address of the registrant and the name and address of

118-16 the person whose name will appear on the label, if other than the registrant.

118-17 (b) The name of the pesticide.

118-18 (c) A complete copy of the labeling accompanying the pesticide and a

118-19 statement of all claims to be made for it, including directions for use.

118-20 (d) If requested by the [administrator,] director, a full description of the

118-21 tests made and the results thereof upon which the claims are based.

118-22 2. In the case of the renewal of registration, a statement is required

118-23 only with respect to information which is different from [that] the

118-24 information that was furnished when the pesticide was registered or last

118-25 reregistered.

118-26 Sec. 307. NRS 586.270 is hereby amended to read as follows:

118-27 586.270 1. A registrant shall pay an annual registration fee in an

118-28 amount fixed by the [administrator] director not to exceed $50 for each

118-29 pesticide registered.

118-30 2. The [administrator] director shall deposit in a separate account not

118-31 more than $25 of each annual registration fee he collects. The money

118-32 deposited in the account must be used only for the disposal of pesticides.

118-33 The [administrator] director shall fix, by regulation, the amount of each

118-34 registration fee which must be deposited in the account.

118-35 3. A registrant who offers a pesticide for sale before the registration of

118-36 the pesticide shall pay an amount equal to twice the registration fee for

118-37 registration of the pesticide.

118-38 Sec. 308. NRS 586.280 is hereby amended to read as follows:

118-39 586.280 1. [Whenever the administrator] If the director deems it

118-40 necessary in the administration of NRS 586.010 to 586.450, inclusive, he

118-41 may require the submission of the complete formula of any pesticide.

118-42 2. If it appears to the [administrator] director that the composition of

118-43 the article is such as to warrant the proposed claims for it, and if the article

119-1 and its labeling and other material required to be submitted comply with the

119-2 requirements of NRS 586.350 to 586.410, inclusive, he shall register the

119-3 article.

119-4 Sec. 309. NRS 586.290 is hereby amended to read as follows:

119-5 586.290 1. If it does not appear to the [administrator] director that

119-6 the article is such as to warrant the proposed claims for it, or if the article

119-7 and its labeling and other material required to be submitted do not comply

119-8 with the provisions of NRS 586.010 to 586.450, inclusive, he shall notify

119-9 the registrant of the manner in which the article, labeling, or other material

119-10 required to be submitted fails to comply with NRS 586.010 to 586.450,

119-11 inclusive, [so as to afford] to allow him an opportunity to make the

119-12 necessary corrections.

119-13 2. [In no event is the] The registration of an article is not a defense for

119-14 the commission of any offense prohibited under NRS 586.350 to 586.410,

119-15 inclusive.

119-16 Sec. 310. NRS 586.310 is hereby amended to read as follows:

119-17 586.310 The [administrator is authorized,] director may, after

119-18 providing an opportunity for a hearing:

119-19 1. [To declare] Declare as a pest any form of plant life or animal life or

119-20 virus which is injurious to plants, [men,] humans, domestic animals,

119-21 articles or substances.

119-22 2. [To determine] Determine whether pesticides are highly toxic to

119-23 [men.

119-24 3. To determine] humans.

119-25 3. Determine standards of coloring or discoloring for pesticides, and to

119-26 subject pesticides to the requirements of NRS 586.380.

119-27 Sec. 311. NRS 586.330 is hereby amended to read as follows:

119-28 586.330 To avoid confusion endangering the public health resulting

119-29 from diverse requirements, particularly as to the labeling and coloring of

119-30 pesticides, and to avoid increased costs to the [people] residents of this

119-31 state [due to] because of the necessity of complying with diverse

119-32 requirements in the manufacture and sale of pesticides, it is desirable that

119-33 there be uniformity between the requirements of the several states and the

119-34 Federal Government relating to pesticides. To this end the [administrator is

119-35 authorized,] director may, after a public hearing, [to] adopt such

119-36 regulations applicable to and in conformity with the primary standards

119-37 established by NRS 586.010 to 586.450, inclusive, as have been or may be

119-38 prescribed by the United States Environmental Protection Agency with

119-39 respect to pesticides.

119-40 Sec. 312. NRS 586.335 is hereby amended to read as follows:

119-41 586.335 1. The [administrator] director shall endeavor to eliminate

119-42 from use in this state any pesticide:

119-43 (a) Which endangers the agricultural or nonagricultural environment;

120-1 (b) Which is not beneficial for the purposes for which it is sold; or

120-2 (c) Which is misrepresented.

120-3 2. In carrying out this responsibility, he shall develop an orderly

120-4 program for the continuous evaluation of all pesticides actually registered.

120-5 Sec. 313. NRS 586.339 is hereby amended to read as follows:

120-6 586.339 1. Pursuant to NRS 586.335 , the [administrator] director

120-7 may, after a hearing, cancel the registration of, or refuse to register, any

120-8 pesticide:

120-9 (a) Which has demonstrated serious uncontrollable adverse effects

120-10 [either] within or outside the agricultural environment.

120-11 (b) The use of which is of less public value or greater detriment to the

120-12 environment than the benefit received by its use.

120-13 (c) For which there is a reasonably effective and practicable alternate

120-14 material or procedure which is demonstrably less destructive to the

120-15 environment.

120-16 (d) Which, [when] if properly used, is detrimental to:

120-17 (1) Vegetation, except weeds;

120-18 (2) Domestic animals; or

120-19 (3) Public health and safety.

120-20 (e) Which is of little or no value for the purpose for which it is intended.

120-21 (f) Concerning which any false or misleading statement is made or

120-22 implied by the registrant or his agent, [either verbally] orally or in writing,

120-23 or in the form of any advertising literature.

120-24 2. In making any such determination, the [administrator] director may

120-25 require such practical demonstrations as are necessary to determine the

120-26 facts.

120-27 3. If the [administrator] director has a reason to believe that any of the

120-28 conditions stated in subsection 1 are applicable to any registered pesticide

120-29 and that the use or continued use of the pesticide constitutes an immediate

120-30 substantial danger to persons or to the environment, he may, after notice to

120-31 the registrant, suspend the registration of the pesticide pending a hearing

120-32 and final decision.

120-33 Sec. 314. NRS 586.350 is hereby amended to read as follows:

120-34 586.350 It is unlawful for any person to distribute, sell or offer for sale

120-35 within this state or deliver for transportation or transport in intrastate

120-36 commerce or between points within this state through any point outside this

120-37 state any pesticide which has not been registered pursuant to the provisions

120-38 of NRS 586.250 to 586.300, inclusive, or any pesticide if any of the claims

120-39 made for it or any of the directions for its use differ in substance from the

120-40 representations made in connection with its registration, or if the

120-41 composition of a pesticide differs from its composition as represented in

120-42 connection with its registration, except that, in the discretion of the

121-1 [administrator,] director, a change in the labeling or formula of a pesticide

121-2 may be made within a registration period without requiring reregistration of

121-3 the product.

121-4 Sec. 315. NRS 586.360 is hereby amended to read as follows:

121-5 586.360 It is unlawful for any person to distribute, sell or offer for sale

121-6 within this state or deliver for transportation or transport in intrastate

121-7 commerce or between points within this state through any point outside this

121-8 state any pesticide unless it is in the registrant’s or the manufacturer’s

121-9 unbroken immediate container and there is affixed to the container, and to

121-10 the outside container or wrapper of the retail package, if there [be] is one

121-11 through which the required information on the immediate container cannot

121-12 be clearly read, a label bearing:

121-13 1. The name and address of the manufacturer, registrant or person for

121-14 whom manufactured.

121-15 2. The name, brand or trade-mark under which the article is sold.

121-16 3. The net weight or measure of the content, subject [, however,] to

121-17 such reasonable variations as the [administrator] director may permit.

121-18 Sec. 316. NRS 586.380 is hereby amended to read as follows:

121-19 586.380 1. It is unlawful for any person to distribute, sell or offer for

121-20 sale within this state or deliver for transportation or transport in intrastate

121-21 commerce or between points within this state through any point outside this

121-22 state the pesticides commonly known as standard lead arsenate, basic lead

121-23 arsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zinc

121-24 arsenite, sodium fluoride, sodium fluorosilicate, and barium fluorosilicate,

121-25 and those containing mercurial compounds, unless they have been distinctly

121-26 colored or discolored as provided by the regulations [issued] adopted in

121-27 accordance with the provisions of NRS 586.010 to 586.450, inclusive, or

121-28 any other white powder pesticide which the [administrator,] director, after

121-29 investigation of and after public hearing on the necessity for such action for

121-30 the protection of the public health and the feasibility of [such] the

121-31 coloration or discoloration, by regulation requires to be distinctly colored

121-32 or discolored, unless it has been so colored or discolored.

121-33 2. The [administrator] director may exempt any pesticide to the extent

121-34 that it is intended for a particular use [or uses] from the coloring or

121-35 discoloring required or authorized by this section if he determines that

121-36 [such] the coloring or discoloring for [such use or uses] that use is not

121-37 necessary [for the protection of] to protect the public health.

121-38 Sec. 317. NRS 586.401 is hereby amended to read as follows:

121-39 586.401 1. The [administrator] director shall adopt regulations

121-40 governing the application and distribution of any pesticides which he finds

121-41 must necessarily be applied in pest control but which unless carefully used

121-42 are likely to be:

122-1 (a) Injurious to persons, pollinating insects, bees, animals, crops or land,

122-2 other than the pest or vegetation it is intended to prevent, destroy, control

122-3 or mitigate; or

122-4 (b) Detrimental to:

122-5 (1) Vegetation, except weeds;

122-6 (2) Wildlife; or

122-7 (3) Public health and safety.

122-8 2. The [administrator] director in classifying pesticides as ["]

122-9 restricted-use pesticides ["] shall determine if:

122-10 (a) They are highly toxic to [man] humans or other animals, including

122-11 wildlife.

122-12 (b) The regulations governing their application and distribution are

122-13 reasonably calculated to avoid injury and are necessary for their proper use.

122-14 (c) The benefit received from their use is of greater public value than a

122-15 detriment to the environment, public health and safety.

122-16 (d) They can be used by permit for purposes other than their registered

122-17 purposes.

122-18 3. The [administrator] director may adopt such other rules and

122-19 regulations as are necessary to carry out the provisions of this chapter,

122-20 including, but not limited to:

122-21 (a) The collection and examination of pesticides.

122-22 (b) The use of certain types of containers or packages for specific

122-23 pesticides, applicable to construction, strength or size to avoid the danger

122-24 of spillage, breakage or misuse.

122-25 (c) The safe handling, transportation, storage, display, distribution and

122-26 disposal of pesticides and their containers.

122-27 (d) The information to be recorded and maintained of the sale, use and

122-28 distribution of pesticides classified for restricted use.

122-29 Sec. 318. NRS 586.405 is hereby amended to read as follows:

122-30 586.405 1. The [administrator] director may issue a special use

122-31 permit authorizing the use of a pesticide for a purpose other than that for

122-32 which it is registered. The permit must set forth:

122-33 (a) The name and dosage rate of the pesticide or other material to be

122-34 used.

122-35 (b) The type of pest to be controlled.

122-36 (c) The crop or property to be treated.

122-37 2. The special use permit may limit the time, quantity, area and manner

122-38 of application.

122-39 Sec. 319. NRS 586.406 is hereby amended to read as follows:

122-40 586.406 1. It is unlawful for any person to sell or offer to sell at the

122-41 retail level or distribute or deliver for transportation for delivery to the

122-42 consumer or user a pesticide classified for restricted use pursuant to NRS

123-1 586.401 or the Federal Environmental Pesticide Control Act , [(] 7 U.S.C.

§§ 136 et seq. [) without first] , without being registered with the

123-2 [administrator.] director.

123-3 2. Each person applying for registration must provide a statement

123-4 including:

123-5 (a) The name and address of the person registering; and

123-6 (b) The name and address of any person who, on behalf of the person

123-7 registering, sells, offers to sell, distributes or delivers for transportation a

123-8 restricted-use pesticide.

123-9 3. All registrations expire on December 31 and are renewable annually.

123-10 4. Each person registering shall pay:

123-11 (a) An annual registration fee of $10; and

123-12 (b) A penalty fee of $5 if his previous registration has expired by the

123-13 failure to reregister on or before February 1, unless his registration is

123-14 accompanied by a signed statement that no person named on the

123-15 registration statement has sold or distributed any restricted-use pesticides

123-16 during the [period of the year during which] year the registration was not in

123-17 effect.

123-18 5. All persons registered shall maintain [and keep for a period of] for 2

123-19 years a record of all sales of restricted-use pesticides showing:

123-20 (a) The date of sale or delivery;

123-21 (b) The name and address of the person to whom sold or delivered;

123-22 (c) The brand name of the pesticide product;

123-23 (d) The amount of pesticide product sold or delivered;

123-24 (e) The certification number of the certified applicator who is applying

123-25 or supervising the application of the pesticide if the purchaser of the

123-26 pesticide is not certified to apply the pesticide; and

123-27 (f) Such other information as may be required by the [administrator.]

123-28 director.

123-29 6. Each person registered pursuant to this section shall, on or before

123-30 the 15th day of each month, file a report with the [administrator] director of

123-31 restricted-use pesticides sold during the previous month. The

123-32 [administrator] director shall provide the form for the report. The form

123-33 must be filed even if the person did not sell any pesticides during the

123-34 previous month.

123-35 Sec. 320. NRS 586.4065 is hereby amended to read as follows:

123-36 586.4065 The [administrator] director may refuse to grant or renew a

123-37 registration under NRS 586.406 or may suspend or revoke [such] the

123-38 registration if, after [due] notice and a hearing, he is satisfied that:

123-39 1. The person registered has, without reasonable cause, failed to record

123-40 information as required by NRS 586.406 or [by] a regulation adopted by

123-41 the [administrator;] director;

124-1 2. The person registered has made a fictitious or false entry in the

124-2 required records; or

124-3 3. The applicant has made sales or delivery of restricted-use pesticides

124-4 without [first] registering with the [administrator.] director.

124-5 Sec. 321. NRS 586.407 is hereby amended to read as follows:

124-6 586.407 It is unlawful for any person to sell or deliver any restricted-

124-7 use pesticide to any person who is required by the regulations adopted by

124-8 the [administrator] director to have a permit to use [such] that material,

124-9 unless the person or his agent to whom delivery is made signs a written

124-10 statement in a form prescribed by the [administrator] director stating that

124-11 the person holds a valid permit to use the kind and quantity of the

124-12 restricted-use pesticide which is delivered.

124-13 Sec. 322. NRS 586.410 is hereby amended to read as follows:

124-14 586.410 It is unlawful for any person to use for his own advantage, or

124-15 to reveal, other than to the [administrator] director or proper [officials]

124-16 officers or employees of the state, or to the courts of this state in response

124-17 to a subpoena, or to physicians, or in emergencies to pharmacists and other

124-18 qualified persons, for use in the preparation of antidotes, any information

124-19 [relative] relating to the formulas of products acquired by authority of NRS

124-20 586.280.

124-21 Sec. 323. NRS 586.420 is hereby amended to read as follows:

124-22 586.420 1. The penalties provided for violations of NRS 586.350 to

124-23 586.390, inclusive, do not apply to:

124-24 (a) Any carrier while lawfully engaged in transporting a pesticide within

124-25 this state, if the carrier, upon request, permits the [administrator] director

124-26 or his designated agent to copy all records showing the transactions in and

124-27 movement of the articles.

124-28 (b) Public [officials] officers of this state and the Federal Government

124-29 engaged in the performance of their [official] duties.

124-30 (c) The manufacturer or shipper of a pesticide for experimental use

124-31 only:

124-32 (1) By or under the supervision of an agency of this state or of the

124-33 Federal Government authorized by law to conduct research in the field of

124-34 pesticides; or

124-35 (2) By [others] other persons if the pesticide is not sold and if the

124-36 container thereof is plainly and conspicuously marked "For experimental

124-37 use only—Not to be sold," together with the manufacturer’s name and

124-38 address, but if a written permit has been obtained from the [administrator,]

124-39 director, pesticides may be sold for experimental purposes subject to such

124-40 restrictions and conditions as may be set forth in the permit.

124-41 2. [No] An article shall not be deemed in violation of the provisions of

124-42 NRS 586.010 to 586.450, inclusive, [when] if intended solely for export to

125-1 a foreign country, and [when] if prepared or packed according to the

125-2 specifications or directions of the purchaser. If not so exported, all the

125-3 provisions of NRS 586.010 to 586.450, inclusive, apply.

125-4 Sec. 324. NRS 586.430 is hereby amended to read as follows:

125-5 586.430 1. The examination of pesticides or devices must be made

125-6 under the direction of the [administrator for the purpose of determining]

125-7 director to determine whether they comply with the requirements of NRS

125-8 586.010 to 586.450, inclusive. If it appears from the examination that a

125-9 pesticide or device fails to comply with the provisions of NRS 586.010 to

125-10 586.450, inclusive, and the [administrator] director contemplates instituting

125-11 criminal proceedings against any person, the [administrator] director shall

125-12 cause appropriate notice to be given to the person. Any person so notified

125-13 must be given an opportunity to present his views, [either] orally or in

125-14 writing, with regard to [such] those contemplated proceedings, and if

125-15 thereafter in the opinion of the [administrator] director it appears that the

125-16 provisions of NRS 586.010 to 586.450, inclusive, have been violated by the

125-17 person, the [administrator] director shall refer the facts to the district

125-18 attorney of the county in which the violation occurred with a copy of the

125-19 results of the analysis or the examination of the article. [Nothing in] The

125-20 provisions of NRS 586.010 to 586.450, inclusive, [requires the

125-21 administrator] do not require the director to report any act or failure to act

125-22 for prosecution or for the institution of libel proceedings, or to report minor

125-23 violations of NRS 586.010 to 586.450, inclusive, [whenever] if he believes

125-24 that the public interest will be best served by a suitable notice of warning in

125-25 writing.

125-26 2. Each district attorney to whom any such violation is reported shall

125-27 cause appropriate proceedings to be instituted and prosecuted in a court of

125-28 proper jurisdiction without delay.

125-29 3. The [administrator] director shall, by publication in such manner as

125-30 he may prescribe, give notice of all judgments entered in actions instituted

125-31 under the authority of NRS 586.010 to 586.450, inclusive.

125-32 Sec. 325. Chapter 587 of NRS is hereby amended by adding thereto

125-33 the provisions set forth as sections 326, 327 and 328 of this act.

125-34 Sec. 326. As used in this chapter, unless the context otherwise

125-35 requires, the words and terms defined in sections 327 and 328 of this act

125-36 have the meanings ascribed to them in those sections.

125-37 Sec. 327. "Department" means the state department of agriculture.

125-38 Sec. 328. "Director" means the director of the department.

125-39 Sec. 329. NRS 587.015 is hereby amended to read as follows:

125-40 587.015 As used in NRS 587.015 to 587.123, inclusive, unless the

125-41 context otherwise requires, the words and terms defined in NRS [587.016]

125-42 587.017 to 587.073, inclusive, have the meanings ascribed to them in those

125-43 sections.

126-1 Sec. 330. NRS 587.019 is hereby amended to read as follows:

126-2 587.019 "Agricultural seeds" includes the seeds of grass, forage, cereal

126-3 and fiber crops and any other kinds of seeds commonly recognized within

126-4 this state as agricultural seeds, lawn seeds and mixtures of [such] those

126-5 seeds, and may include any other kind of seeds [when the administrator] if

126-6 the director determines that [such] the seed is being used as agricultural

126-7 seed.

126-8 Sec. 331. NRS 587.075 is hereby amended to read as follows:

126-9 587.075 The [administrator] director shall administer and enforce the

126-10 provisions of NRS 587.015 to 587.123, inclusive.

126-11 Sec. 332. NRS 587.077 is hereby amended to read as follows:

126-12 587.077 The [division] department is designated as the official seed-

126-13 certifying agency for the State of Nevada. The [administrator] director

126-14 shall, by rules or regulations, adopt and enforce standards governing the

126-15 certification of seed as to variety, purity, quality or other matters relating

126-16 thereto, and shall establish a schedule of fees for [such] that certification.

126-17 Sec. 333. NRS 587.079 is hereby amended to read as follows:

126-18 587.079 The [administrator] director may do service grain grading,

126-19 including testing for dockage and moisture, and may establish a schedule of

126-20 fees for [such] that grading and testing.

126-21 Sec. 334. NRS 587.081 is hereby amended to read as follows:

126-22 587.081 The [administrator] director or his authorized representatives

126-23 shall:

126-24 1. Sample, inspect, make analysis of and test seeds subject to NRS

126-25 587.015 to 587.123, inclusive, that are transported, sold, offered or

126-26 exposed for sale within the state for sowing purposes, at such time and

126-27 place and to such extent as may be necessary to determine whether the

126-28 seeds are in compliance with NRS 587.015 to 587.123, inclusive.

126-29 2. Notify promptly the person who transported, sold, offered or

126-30 exposed the seed for sale of any violation.

126-31 Sec. 335. NRS 587.083 is hereby amended to read as follows:

126-32 587.083 1. The [administrator] director shall adopt regulations:

126-33 (a) Governing the terms and methods used in sampling, inspecting,

126-34 analyzing, testing and examining seeds subject to NRS 587.015 to 587.123,

126-35 inclusive, and the tolerances to be used.

126-36 (b) Establishing a list of prohibited and restricted noxious weeds and

126-37 prescribing the maximum rate of occurrence per pound of seeds of

126-38 restricted noxious weeds which may be associated with any seeds. A

126-39 noxious weed may be prohibited if it is highly destructive and difficult to

126-40 control in this state by ordinary good cultural or chemical practice and

126-41 restricted if it is objectionable or injurious in fields, lawns and gardens of

126-42 this state, but [can] may be controlled by good cultural or chemical

126-43 practices.

127-1 (c) Establishing minimum standards of germination for seeds of

127-2 vegetables, herbs and flowers.

127-3 (d) Defining the terms to be used in labeling seeds.

127-4 (e) Establishing a list of the species of trees and shrubs subject to the

127-5 labeling requirements [of] set forth in subsection 7 of NRS 587.105.

127-6 (f) Establishing the duration of the validity of testing to determine the

127-7 percentage of germination of seeds subject to the requirements for labeling

127-8 as set forth in NRS 587.091 to 587.105, inclusive, before the sale, offering

127-9 for sale or transporting of [these] those seeds.

127-10 (g) For the labeling of seeds of flowers in respect to kind and variety or

127-11 the characteristics of type and performance as required by NRS 587.101

127-12 and 587.103.

127-13 (h) Establishing a list of the kinds of seeds of flowers which are subject

127-14 to the labeling requirements of NRS 587.101 and 587.103.

127-15 2. The [administrator] director may adopt such other regulations as are

127-16 necessary to carry out the provisions of NRS 587.015 to 587.123, inclusive.

127-17 Sec. 336. NRS 587.085 is hereby amended to read as follows:

127-18 587.085 The [administrator] director or his authorized representatives

127-19 may:

127-20 1. Enter upon or within any public or private premises or upon or into

127-21 any truck or other conveyance by land, water or air at any time to examine

127-22 seeds, screenings or records which are subject to the provisions of NRS

127-23 587.015 to 587.123, inclusive, or rules and regulations adopted pursuant

127-24 thereto.

127-25 2. Issue and enforce a written or printed stop-sale order against the

127-26 owner or custodian of any seed or screenings which are found to be in

127-27 violation of any of the provisions of NRS 587.015 to 587.123, inclusive, or

127-28 the rules and regulations adopted pursuant thereto.

127-29 Sec. 337. NRS 587.087 is hereby amended to read as follows:

127-30 587.087 1. A ["] stop-sale order ["] issued pursuant to subsection 2

127-31 of NRS 587.085 may prohibit the sale, processing or movement of [such]

127-32 the seed or screenings until evidence is submitted or obtained that the

127-33 violation has been corrected and a release from the stop-sale order is

127-34 issued.

127-35 2. Whenever tree seed, shrub seed or screenings are subject to a stop-

127-36 sale order, the [administrator] director or his representative shall notify the

127-37 shipper or consignor that the order is in effect. Upon the shipper’s or

127-38 consignor’s request, the [administrator] director may permit the return of

127-39 the seed to the shipper or may permit the seed to be transferred to a

127-40 mutually acceptable storage area pending its further disposition as provided

127-41 by law.

128-1 3. Any person aggrieved by a stop-sale order may, within 60 days after

128-2 the order issues, appeal from [such] the order to the district court in the

128-3 county in which the seeds, subject to [such] the order, are located.

128-4 Sec. 338. NRS 587.089 is hereby amended to read as follows:

128-5 587.089 The [administrator] director shall cooperate with the United

128-6 States Department of Agriculture and other appropriate agencies in seed

128-7 law enforcement.

128-8 Sec. 339. NRS 587.105 is hereby amended to read as follows:

128-9 587.105 Except for seed supplied by a seedsman of trees to a consumer

128-10 under a contractual agreement, which may be labeled by invoice or by an

128-11 analysis tag attached to the invoice if the seed is in bulk or if each bag or

128-12 other container is clearly identified by the number of the lot stenciled on the

128-13 container, the labeling of each bag or container which is not so identified

128-14 and each container of seeds of trees and shrubs which is sold, offered for

128-15 sale or transported within this state for sowing purposes must state, in

128-16 addition to the requirements of NRS 587.091:

128-17 1. The common name of the species of seed and subspecies, if

128-18 appropriate.

128-19 2. The scientific name of the genus, species and subspecies, if

128-20 appropriate.

128-21 3. The number or other identification of the lot.

128-22 4. The origin of the seed, specified as follows:

128-23 (a) For seed collected from a predominantly indigenous stand, the area

128-24 of collection given by latitude and longitude, geographic description or

128-25 political subdivision, [such as] including state and county; or

128-26 (b) For seed collected from other than a predominantly indigenous

128-27 stand, identification of the area of collection and the origin of the stand or,

128-28 if applicable, the statement: "Origin not indigenous."

128-29 5. The upper and lower limits of elevations within which the seed was

128-30 collected.

128-31 6. The purity of the seed as a percentage of pure seed by weight.

128-32 7. For those species for which standard procedures for testing

128-33 germination are prescribed by the [administrator,] director, one of the

128-34 following:

128-35 (a) The germination in percentage and percentage of firm ungerminated

128-36 seed, and the month and year of the test;

128-37 (b) For seed transported or delivered for transportation within the year

128-38 of collection or within 6 months following the year of collection, the

128-39 statement: "Test is in process"; or

128-40 (c) For seed being transported to a consumer, the name of the consumer

128-41 and a statement: "Contract seed not for resale, and subject to test to be

128-42 arranged."

129-1 8. For those species for which standard procedures for testing

129-2 germination have not been prescribed by the [administrator,] director, the

129-3 year in which the seed was collected.

129-4 9. The name and address of the person who labeled the seed, or who

129-5 sells or offers the seed for sale within this state.

129-6 Sec. 340. NRS 587.107 is hereby amended to read as follows:

129-7 587.107 Each person whose name appears on a label as handling seeds

129-8 subject to any of the provisions of NRS 587.015 to 587.123, inclusive,

129-9 shall keep for [a period of] 2 years complete records of each lot of seed

129-10 handled and for 1 year a file sample of each lot of seed after final

129-11 disposition of the lot. All such records and samples pertaining to the

129-12 shipment or shipments involved must be available for inspection by the

129-13 [administrator] director or his representative during normal business hours.

129-14 Sec. 341. NRS 587.109 is hereby amended to read as follows:

129-15 587.109 1. Any person importing any white or Irish potatoes

129-16 intended for seed purposes into the State of Nevada shall, within 24 hours

129-17 after the receipt of [such] the potatoes, notify the [administrator] director

129-18 of the arrival of the potatoes and hold them at his place of business or at the

129-19 point of receipt until the potatoes are inspected and released by the

129-20 [administrator.] director.

129-21 2. If, upon inspection, the [administrator] director finds that the

129-22 potatoes are infected with bacterial ring rot, or other potato diseases in

129-23 amounts in excess of that allowed under the standards set for Nevada

129-24 certified potatoes, the potatoes may not be released for planting in this

129-25 state, but must be disposed of for nonseed purposes in a manner approved

129-26 by the [administrator.] director.

129-27 3. If the seed potatoes are found to be free from bacterial ring rot, and

129-28 other potato diseases are not present in excess of that allowed under the

129-29 standards set for Nevada certified seed potatoes, the [administrator]

129-30 director shall release the potatoes.

129-31 Sec. 342. NRS 587.119 is hereby amended to read as follows:

129-32 587.119 1. [Whenever any] If a seed is prepared for use, all

129-33 screenings or cleanings must be removed from the premises only under a

129-34 permit issued by the [administrator.] director.

129-35 2. It is unlawful to distribute, give away, sell or use screenings

129-36 containing weed seeds unless the screenings have been treated to destroy

129-37 the viability of the weed seeds or otherwise in a manner approved by the

129-38 [administrator.] director.

129-39 Sec. 343. NRS 587.121 is hereby amended to read as follows:

129-40 587.121 1. Any lot of seed found or reasonably suspected to be in

129-41 violation of any of the provisions of NRS 587.015 to 587.119, inclusive, is

129-42 subject to seizure upon a complaint by the [administrator] director filed in

129-43 the district court of the county in which the seed is located.

130-1 2. If the court finds that the seed is in violation of any of [such] those

130-2 provisions, it may, after allowing the party or parties in interest to apply for

130-3 the release of the seed or for permission to bring the seed into compliance

130-4 with the law, make such orders as may be necessary for the seed to be

130-5 processed, relabeled, denatured, destroyed or otherwise disposed of

130-6 according to the circumstances of the case.

130-7 Sec. 344. NRS 587.131 is hereby amended to read as follows:

130-8 587.131 As used in NRS 587.135 to 587.185, inclusive, unless the

130-9 context requires otherwise:

130-10 1. "Advisory board" means the alfalfa seed advisory board.

130-11 2. "Alfalfa seed" means the seed that is harvested from any variety of

130-12 alfalfa plant.

130-13 3. "Dealer" means any person, partnership, association, corporation,

130-14 cooperative or other business unit or device that first handles, packs, ships,

130-15 buys and sells alfalfa seed.

130-16 4. ["Division" means the division of agriculture of the department of

130-17 business and industry.

130-18 5.] "Grower" means any landowner personally engaged in growing

130-19 alfalfa seed, or both the owner and tenant jointly, and includes a person,

130-20 partnership, association, corporation, cooperative organization, trust,

130-21 sharecropper or any and all other business units, devices or arrangements

130-22 that grow alfalfa seed.

130-23 Sec. 345. NRS 587.155 is hereby amended to read as follows:

130-24 587.155 1. The [division] department shall, on or before August 1 of

130-25 each year, fix an annual special assessment not to exceed 50 cents per

130-26 hundred weight of alfalfa seed to be levied upon all alfalfa seed grown in

130-27 this state. The [division] department shall collect the assessment and

130-28 transmit the proceeds to the state treasurer for credit to the alfalfa seed

130-29 research and promotion account.

130-30 2. On or before June 30 of each year, any person who has paid the

130-31 special assessment levied pursuant to this section may file a claim for a

130-32 refund with the [division] department accompanied by a receipt showing

130-33 [such] payment. Upon verification of the correctness of the claim, the

130-34 [division] department shall transmit [it] the claim to the state controller for

130-35 payment from the alfalfa seed research and promotion account.

130-36 Sec. 346. NRS 587.161 is hereby amended to read as follows:

130-37 587.161 All assessments levied pursuant to the provisions of NRS

130-38 587.155 must be paid to the [division] department by the person, either

130-39 grower or dealer, by whom the alfalfa seed was first handled in the primary

130-40 channels of the trade and must be paid within 60 days after the date on

130-41 which the grower received payment for the alfalfa seed. If the person first

131-1 handling the alfalfa seed in the primary channels of trade is a person other

131-2 than the grower, he may charge against or recover from the grower the full

131-3 amount of any assessment paid by him under NRS 587.155.

131-4 Sec. 347. NRS 587.165 is hereby amended to read as follows:

131-5 587.165 Any grower or dealer who fails to file a return or to pay any

131-6 assessment pursuant to NRS 587.155 within the [time] period required

131-7 forfeits to the [division] department a penalty of 5 percent of the amount of

131-8 the assessment due and 1 percent of the assessment due for each month of

131-9 delay or fraction thereof after the end of the month in which the return was

131-10 required to be filed or in which the assessment became due. The [division,]

131-11 department, if satisfied the delay was excusable, may remit all or any part

131-12 of the penalty. The penalty must be paid to the [division] department and

131-13 deposited for credit to the alfalfa seed research and promotion account.

131-14 Sec. 348. NRS 587.171 is hereby amended to read as follows:

131-15 587.171 Any assessment levied constitutes a personal debt of every

131-16 person so assessed. If a person fails to pay the assessment, including all

131-17 penalties, the [division] department may, at any time within 3 years [from]

131-18 after the date of delinquency, maintain a civil action against [him] the

131-19 person to recover the amount of the delinquent assessment and penalties.

131-20 Sec. 349. NRS 587.175 is hereby amended to read as follows:

131-21 587.175 1. Every dealer shall maintain accurate records of all

131-22 Nevada alfalfa seed handled, packed, shipped or processed by him.

131-23 2. The records must be:

131-24 (a) In such form and contain such information as the state board of

131-25 agriculture may require;

131-26 (b) Preserved for [a period of] 2 years; and

131-27 (c) Subject to inspection at any reasonable time at the request of the

131-28 state board of agriculture or [of the division.] the department.

131-29 Sec. 350. NRS 587.181 is hereby amended to read as follows:

131-30 587.181 Alfalfa seed growers who ship their alfalfa seed directly to

131-31 dealers outside the State of Nevada shall remit assessment fees to and file

131-32 such reports as are required with the [division.] department.

131-33 Sec. 351. NRS 587.360 is hereby amended to read as follows:

131-34 587.360 1. The state quarantine officer [is authorized to] may

131-35 designate any competent employee or agent of the [division of agriculture

131-36 of the department of business and industry] department to inspect or

131-37 classify agricultural products in accordance with such regulations as he may

131-38 prescribe at such places as the volume of business may be found to warrant

131-39 the furnishing of [such] the inspection service, at the request of persons

131-40 having an interest in [such] those products, and to ascertain and to certify to

131-41 [such] those persons the grade, classification, quality or condition thereof,

131-42 and such other pertinent facts as the state quarantine officer may require.

132-1 2. The state quarantine officer [is authorized to] may fix, assess and

132-2 collect, or cause to be collected, fees for [such services when] those

132-3 services if they are performed by employees or agents of the [division of

132-4 agriculture.] department.

132-5 Sec. 352. NRS 587.370 is hereby amended to read as follows:

132-6 587.370 1. The board of county commissioners of any county may

132-7 employ one or more inspectors to assist in carrying out the provisions of

132-8 NRS 587.290 to 587.450, inclusive, upon a salary or on a per diem basis,

132-9 for such a period [or periods] as the board and the state quarantine officer

132-10 deem necessary, but no inspector may be so employed who is not licensed

132-11 by the state quarantine officer, who shall direct all of the inspector’s official

132-12 activities.

132-13 2. Any inspector so employed by any county shall collect all inspection

132-14 fees fixed and established by the state quarantine officer for any inspections

132-15 and certifications performed by him, and promptly forward the fees to the

132-16 state quarantine officer. The state quarantine officer shall forward any

132-17 portion of the fees due any federal agency to that agency. Ten percent of

132-18 the inspection fees collected must be remitted to the [division of agriculture

132-19 of the department of business and industry] department for use in the plant

132-20 industry program, and the balance must be reimbursed to the counties [in

132-21 which] where the fees were collected.

132-22 Sec. 353. NRS 587.460 is hereby amended to read as follows:

132-23 587.460 As used in NRS 587.460 to 587.660, inclusive, unless the

132-24 context otherwise requires, the words and terms defined in NRS [587.465]

132-25 587.470 to 587.530, inclusive, have the meanings ascribed to them in those

132-26 sections.

132-27 Sec. 354. NRS 587.540 is hereby amended to read as follows:

132-28 587.540 The [administrator] director and the deputies and inspectors

132-29 under his supervision and control shall enforce the provisions of NRS

132-30 587.460 to 587.660, inclusive.

132-31 Sec. 355. NRS 587.550 is hereby amended to read as follows:

132-32 587.550 The [administrator] director may adopt regulations:

132-33 1. Prescribing methods of selecting samples of lots or containers of

132-34 fruits, nuts and vegetables on a basis of size or other specific classification

132-35 which are reasonably calculated to produce by [such] that sampling fair

132-36 representations of the entire lots or containers which are sampled.

132-37 2. Establishing and issuing official color charts which depict the color

132-38 standards and requirements which may be established by NRS 587.460 to

132-39 587.660, inclusive.

132-40 3. Which are [reasonably] necessary to secure uniformity in the

132-41 enforcement of the provisions of NRS 587.460 to 587.660, inclusive.

133-1 Sec. 356. NRS 587.560 is hereby amended to read as follows:

133-2 587.560 The [administrator] director may cooperate financially or

133-3 otherwise with any county in accordance with the provisions of NRS

133-4 244.327 and 561.245 in the enforcement of the provisions of NRS 587.460

133-5 to 587.660, inclusive.

133-6 Sec. 357. NRS 587.570 is hereby amended to read as follows:

133-7 587.570 1. All potatoes sold or offered for sale for human

133-8 consumption within this state must meet the U.S. No. 2 grade requirements

133-9 or better, as adopted by the United States Department of Agriculture and by

133-10 the [division under authority] department pursuant to the provisions of

133-11 NRS 587.390.

133-12 2. All containers of potatoes [when] if full must bear upon them in

133-13 plain sight and plain letters the name of the person who authorized the

133-14 packing of the potatoes or the name under which the packer is engaged in

133-15 business, together with a sufficiently explicit address to permit the ready

133-16 location of the packer.

133-17 3. All containers of potatoes sold must be marked with one of the grade

133-18 markings for potatoes established by the United States Department of

133-19 Agriculture and the [division,] department, except that open containers

133-20 [need not] are not required to be marked with one of the grade markings

133-21 [when] if they are part of an open display of potatoes which is marked with

133-22 one of the grade markings. The potatoes in [such] those containers must

133-23 meet the grade marked on the open display.

133-24 Sec. 358. NRS 587.580 is hereby amended to read as follows:

133-25 587.580 1. All onions sold or offered for sale for human

133-26 consumption within this state must meet the U.S. No. 2 grade requirements,

133-27 or better, as adopted by the United States Department of Agriculture and

133-28 [by the division under authority] the department pursuant to the

133-29 provisions of NRS 587.390.

133-30 2. All containers of onions [when] if full must bear upon them in plain

133-31 sight and plain letters the name of the person who authorized the packing of

133-32 the onions or the name under which the packer is engaged in business,

133-33 together with a sufficiently explicit address to permit the ready location of

133-34 the packer.

133-35 3. All containers of onions sold must be marked with one of the grade

133-36 markings for onions established by the United States Department of

133-37 Agriculture and the [division,] department, except that open containers

133-38 [need not] are not required to be marked with one of the grade markings

133-39 [when] if they are part of an open display of onions which is marked with

133-40 one of the grade markings. The onions in [such] those containers must meet

133-41 the grade marked on the open display.

134-1 Sec. 359. NRS 587.660 is hereby amended to read as follows:

134-2 587.660 The provisions of NRS 587.590 to 587.650, inclusive, apply

134-3 only to those fruits, nuts or vegetables for which specific quality standards

134-4 are not otherwise established by this chapter or by [regulation] regulations

134-5 adopted by the [administrator.] director. All nuts, fruits and vegetables

134-6 [when] if offered for sale must be mature but not overripe.

134-7 Sec. 360. NRS 587.670 is hereby amended to read as follows:

134-8 587.670 As used in this section and NRS [587.670,] 587.680 and

134-9 587.690:

134-10 1. ["Administrator" means the administrator of the division of

134-11 agriculture of the department of business and industry.

134-12 2.] "Commercial feed" means all materials except seed, whole or

134-13 processed, which are distributed for use as feed or for mixing in feed

134-14 intended for livestock except that the [administrator] director by regulation

134-15 may exempt from this definition or from specific provisions of NRS

134-16 587.680 and 587.690 commodities [such as] including hay, straw, stover,

134-17 silage, cobs, husk, hull and individual chemical compounds [or substances

134-18 when such] and substances if those commodities, compounds or

134-19 substances are not intermixed or mixed with other materials.

134-20 [3.] 2. "Contract feeder" means a person who as an independent

134-21 contractor feeds commercial feed to animals pursuant to a contract whereby

134-22 [such] the commercial feed is supplied, furnished or otherwise provided to

134-23 [such] the person and whereby [such person’s] his remuneration is

134-24 determined in whole or in part by feed consumption, mortality, profits [,] or

134-25 the amount or quality of the product.

134-26 [4.] 3. "Customer-formula feed" means commercial feed which

134-27 consists of a mixture of commercial feeds or feed ingredients , [or both,]

134-28 each batch of which is manufactured according to the specific instructions

134-29 of the final purchaser.

134-30 [5.] 4. "Livestock" means:

134-31 (a) All cattle or animals of the bovine species.

134-32 (b) All horses, mules, burros and asses or animals of the equine species.

134-33 (c) All swine or animals of the porcine species.

134-34 (d) All goats or animals of the caprine species.

134-35 (e) All poultry or domesticated fowl or birds.

134-36 (f) All rabbits of the genus oryctolagus.

134-37 (g) All sheep or animals of the ovine species.

134-38 Sec. 361. NRS 587.680 is hereby amended to read as follows:

134-39 587.680 The [administrator] director may adopt such rules and

134-40 regulations for commercial feed for livestock as are necessary for the

134-41 efficient enforcement of the provisions of NRS 587.690. Regulations must

134-42 include , but are not limited to:

134-43 1. Methods of labeling;

135-1 2. Descriptions or statements of the ingredients or the effects thereof;

135-2 3. Directions for use for all feed containing drugs; and

135-3 4. Warning or caution statements necessary for the safe and effective

135-4 use of the commercial feed.

135-5 Sec. 362. NRS 587.700 is hereby amended to read as follows:

135-6 587.700 As used in NRS 587.700 to 587.850, inclusive, unless the

135-7 context otherwise requires, the words and terms defined in NRS [587.710]

135-8 587.720 to 587.790, inclusive, have the meanings ascribed to them in those

135-9 sections.

135-10 Sec. 363. NRS 587.730 is hereby amended to read as follows:

135-11 587.730 "Certifying agent" means a person accredited by the

135-12 [administrator] director or the Secretary of Agriculture of the United States

135-13 to certify a producer or handler for the purposes of the federal act or NRS

135-14 587.700 to 587.850, inclusive.

135-15 Sec. 364. NRS 587.800 is hereby amended to read as follows:

135-16 587.800 1. The [administrator] director shall establish a program for

135-17 the certification of organic agricultural products. The program must [cover]

135-18 include all vegetable products and may [cover] include animal products.

135-19 2. The governor and the [administrator] director shall submit the

135-20 program to the Secretary of Agriculture for approval . [pursuant to the

135-21 federal act.]

135-22 Sec. 365. NRS 587.810 is hereby amended to read as follows:

135-23 587.810 1. An advisory council for organic agricultural products is

135-24 hereby created in the [division of agriculture of the department of business

135-25 and industry.] department. The advisory council [must consist] consists of:

135-26 (a) Four members who are producers or handlers of organic agricultural

135-27 products;

135-28 (b) One member who is a purchaser, consumer, or wholesale or retail

135-29 seller of organic agricultural products; and

135-30 (c) One member who represents an agricultural interest other than

135-31 organic agricultural products.

135-32 2. The [administrator] director shall nominate members for the

135-33 advisory council, and the state board of agriculture shall appoint the

135-34 members.

135-35 3. The advisory council shall advise the [administrator] director and

135-36 the state board of agriculture concerning the administration of the program

135-37 for the certification of organic agricultural products.

135-38 Sec. 366. NRS 587.820 is hereby amended to read as follows:

135-39 587.820 1. The state board of agriculture shall appoint three of the

135-40 first members of the advisory council for organic agricultural products for

135-41 terms of 2 years and three for terms of 3 years. After the expiration of the

135-42 initial term, the term of office of each member is 3 years. A vacancy must

135-43 be filled, for the unexpired term, by appointment of a member whose

136-1 qualifications are the same as those of the member replaced. The advisory

136-2 council shall elect a chairman and vice chairman from among its members.

136-3 The [administrator] director shall provide appropriate secretarial support

136-4 and a place for the meetings of the advisory council.

136-5 2. The advisory council shall meet at least quarterly, upon the call of

136-6 the [administrator] director or the chairman. A majority of the members

136-7 appointed to the advisory council constitutes a quorum.

136-8 3. For each day or portion of a day necessarily spent on the business of

136-9 the advisory council, each member is entitled to receive:

136-10 (a) Compensation, to be fixed by regulation of the state board of

136-11 agriculture, which must not exceed $80 per day; and

136-12 (b) The per diem allowance and travel expenses provided for state

136-13 officers and employees generally.

136-14 Sec. 367. NRS 587.850 is hereby amended to read as follows:

136-15 587.850 1. The [administrator,] director, after giving at least 20

136-16 days’ written notice and the opportunity for a hearing, may impose, for a

136-17 violation of this section or of a regulation adopted pursuant to NRS

136-18 587.830, a civil penalty of not more than:

136-19 (a) For the first violation, $200;

136-20 (b) For the second violation, $1,500; and

136-21 (c) For the third or subsequent violation, $3,000.

136-22 The [administrator] director shall deposit any money collected as a penalty

136-23 with the state treasurer for credit to the state general fund and may present a

136-24 claim to the state board of examiners for recommendation to the interim

136-25 finance committee for an allocation from the contingency fund if money is

136-26 needed to pay attorney’s fees or the cost of an investigation.

136-27 2. A person shall not sell or offer for sale an agricultural product with

136-28 the representation that it is organic if he knows or has reason to know that it

136-29 has not been certified pursuant to the federal act or NRS 587.700 to

136-30 587.850, inclusive.

136-31 3. A person who violates the provisions of subsection 2 is guilty of a

136-32 misdemeanor.

136-33 Sec. 368. Chapter 588 of NRS is hereby amended by adding thereto

136-34 the provisions set forth as sections 369 and 370 of this act.

136-35 Sec. 369. "Department" means the state department of agriculture.

136-36 Sec. 370. "Director" means the director of the department.

136-37 Sec. 371. NRS 588.010 is hereby amended to read as follows:

136-38 588.010 As used in this chapter, unless the context otherwise requires,

136-39 the words and [phrases] terms defined in NRS [588.015] 588.020 to

136-40 588.150, inclusive, and sections 369 and 370 of this act have the meanings

136-41 ascribed to them in those sections.

137-1 Sec. 372. NRS 588.020 is hereby amended to read as follows:

137-2 588.020 "Agricultural minerals" means substances, mixtures of mineral

137-3 substances, and mixtures of mineral and organic substances, containing less

137-4 than 5 percent in available form of nitrogen, phosphorus pentoxide, or

137-5 potassium oxide, singly, collectively, or in combination, except sand and

137-6 soil, unless otherwise authorized by the [administrator.] director.

137-7 Sec. 373. NRS 588.100 is hereby amended to read as follows:

137-8 588.100 "Official sample" means any sample of commercial fertilizer

137-9 or agricultural mineral taken by the [administrator] director or his agent

137-10 according to the methods prescribed by the [administrator.] director.

137-11 Sec. 374. NRS 588.160 is hereby amended to read as follows:

137-12 588.160 [This] The provisions of this chapter must be administered by

137-13 the [administrator.] director.

137-14 Sec. 375. NRS 588.170 is hereby amended to read as follows:

137-15 588.170 1. Each brand and grade of commercial fertilizer or

137-16 agricultural mineral must be registered with the [division] department

137-17 before being offered for sale, sold or distributed in this state.

137-18 2. An application for registration must be submitted in duplicate to the

137-19 [administrator] director on a form furnished by him, and must be

137-20 accompanied by a registration fee in an amount to be fixed annually by the

137-21 [administrator,] director, not to exceed $25 for each combined registration

137-22 of brand and grade.

137-23 3. The applicant must also deposit with the [division] department an

137-24 airtight container containing not less than 2 pounds of the fertilizer or

137-25 agricultural mineral, with an affidavit that it is a fair sample of the fertilizer

137-26 or agricultural mineral to be sold or offered for sale.

137-27 4. Upon approval by the [administrator,] director, a copy of the

137-28 registration must be furnished to the applicant.

137-29 5. All registrations expire on June 30 of each year.

137-30 Sec. 376. NRS 588.180 is hereby amended to read as follows:

137-31 588.180 1. The application must include the following information in

137-32 the following order:

137-33 (a) The name and address of the person guaranteeing the registration.

137-34 (b) The brand and grade.

137-35 (c) The guaranteed analysis showing the minimum percentage and

137-36 source of plant food claimed in the following order and form:

137-37 Total nitrogen: Percentage ........, source ........

137-38 Available phosphoric acid: Percentage ........, source ......

137-39 Soluble potash: Percentage ........, source ........

138-1 2. Fertilizer materials containing only one plant food element and

138-2 recognized by their chemical names [need only] are not required to be

138-3 guaranteed for the plant food element contained therein.

138-4 3. Unacidulated mineral phosphatic materials and basic slag must be

138-5 guaranteed as to both total and available phosphoric acid, and the degree of

138-6 fineness.

138-7 4. In the case of bone, tankage and other natural organic phosphate

138-8 materials, only the total phosphoric acid [need] is required to be

138-9 guaranteed.

138-10 5. Additional plant food elements, determined by chemical methods,

138-11 may be guaranteed only by permission of the [administrator. When any

138-12 such] director. If any of those additional plant foods are claimed , they

138-13 must be included in the guarantee, and are subject to inspection and

138-14 analysis in accordance with the methods and regulations that may be

138-15 prescribed by the [administrator.] director.

138-16 6. The [administrator] director may permit or require the potential

138-17 basicity or acidity, expressed in terms of calcium carbonate equivalent in

138-18 multiples of 100 pounds per ton, to be registered and guaranteed.

138-19 Sec. 377. NRS 588.190 is hereby amended to read as follows:

138-20 588.190 The guaranteed analysis of agricultural minerals must be

138-21 stated as follows:

138-22 1. Limestone, limerock, chalk, dolomite, dolomitic limestone, marl,

138-23 oystershell, shells and every other agricultural mineral, the principal

138-24 constituent of which is calcium carbonate, the percentage of calcium

138-25 carbonate therein.

138-26 2. Burnt lime, quicklime, and every agricultural mineral, the principal

138-27 constituent of which is calcium oxide, the percentage of calcium oxide

138-28 therein.

138-29 3. Hydrated lime, slacked lime, and every agricultural mineral, the

138-30 principal constituent of which is calcium hydroxide, the percentage of

138-31 calcium hydroxide therein.

138-32 4. By-products in the manufacture of sugar or acetylene and every

138-33 other agricultural mineral obtained as a by-product, the principal

138-34 constituent of which is a compound of calcium, the neutralizing powers

138-35 expressed as calcium carbonate equivalent.

138-36 5. Gypsum, land plaster, plaster, and every agricultural mineral, the

138-37 principal constituent of which is calcium sulfate, the percentage of calcium

138-38 sulfate dihydrate (CaSO4-2H20) therein.

138-39 6. Sulfur, brimstone, and every agricultural mineral, the principal

138-40 ingredient of which is elemental sulfur, the percentage of elemental sulfur

138-41 therein.

139-1 7. In the case of any agricultural mineral not specifically mentioned

139-2 herein, the percentage of all constituents claimed to be therein in terms or

139-3 equivalent as prescribed by the [administrator.] director.

139-4 8. In the case of any mixture of two or more agricultural minerals, the

139-5 percentage of each principal constituent as [above prescribed.] prescribed

139-6 in this section.

139-7 Sec. 378. NRS 588.210 is hereby amended to read as follows:

139-8 588.210 1. There must be paid to the [division] department for all

139-9 commercial fertilizers offered for sale, sold or distributed in this state a fee

139-10 at the rate of 25 cents per ton on every ton sold, but sales to manufacturers

139-11 or exchanges between them are exempted.

139-12 2. There must be paid to the [division] department for all agricultural

139-13 minerals offered for sale, sold or distributed in this state a fee of 25 cents

139-14 per ton on every ton if sold in packages, or 5 cents per ton if sold in bulk,

139-15 but sales to manufacturers or exchanges between them are exempt.

139-16 3. The [division] department shall prepare suitable forms for reporting

139-17 sales and on request shall furnish the forms without cost to all persons

139-18 dealing in registered brands of commercial fertilizers or agricultural

139-19 minerals.

139-20 Sec. 379. NRS 588.230 is hereby amended to read as follows:

139-21 588.230 1. The [administrator,] director, who may act through his

139-22 authorized agent, shall sample, inspect, make analyses of and test

139-23 commercial fertilizers and agricultural minerals distributed within this state

139-24 at such time and place and to such an extent as he may deem necessary to

139-25 determine whether [such] those commercial fertilizers and agricultural

139-26 minerals are in compliance with the provisions of this chapter. The

139-27 [administrator, individually or through his agent, is authorized to] director

139-28 or his agent may enter upon any public or private premises during regular

139-29 business hours in order to have access to commercial fertilizers and

139-30 agricultural minerals subject to the provisions of this chapter and the rules

139-31 and regulations [pertaining] adopted pursuant thereto.

139-32 2. The methods of analysis must be those adopted by the

139-33 [administrator] director from sources such as those of the Association of

139-34 Official Agricultural Chemists.

139-35 3. The [administrator,] director, in determining for administrative

139-36 purposes whether any commercial fertilizer or agricultural mineral is

139-37 deficient in plant food, must be guided solely by the official sample as

139-38 defined in NRS 588.100, and obtained and analyzed as provided for in

139-39 subsection 2 of this section.

139-40 4. The results of official analysis of any commercial fertilizer or

139-41 agricultural mineral which has been found to be subject to penalty or other

139-42 legal action must be forwarded by the [administrator] director to the

140-1 registrant at least 10 days before the report is submitted to the purchaser. If

140-2 during that period no adequate evidence to the contrary is made available to

140-3 the [administrator,] director, the report becomes official.

140-4 5. Upon request, the [administrator] director shall furnish to the

140-5 registrant a portion of any sample found subject to penalty or other legal

140-6 action.

140-7 Sec. 380. NRS 588.240 is hereby amended to read as follows:

140-8 588.240 1. If the analysis shows that any commercial fertilizer or

140-9 agricultural mineral falls short of the guaranteed analysis in any one

140-10 ingredient, a penalty must be assessed in accordance with the following

140-11 provisions:

140-12 (a) Total nitrogen: A penalty of 3 times the value of the deficiency, if

140-13 the deficiency is in excess of 0.020 of 1 percent on goods that are

140-14 guaranteed 2 percent; 0.25 of 1 percent on goods that are guaranteed 3

140-15 percent; 0.35 of 1 percent on goods that are guaranteed 4 percent; 0.40 of 1

140-16 percent on goods that are guaranteed 5 percent up to and including 8

140-17 percent; 0.50 of 1 percent on goods guaranteed above 8 percent up to and

140-18 including 30 percent; and 0.75 of 1 percent on goods guaranteed over 30

140-19 percent.

140-20 (b) Available phosphoric acid: A penalty of 3 times the value of the

140-21 deficiency, if the deficiency exceeds 0.40 of 1 percent on goods that are

140-22 guaranteed up to and including 10 percent; 0.50 of 1 percent on goods that

140-23 are guaranteed above 10 percent up to and including 25 percent; and 0.75

140-24 of 1 percent on goods guaranteed over 25 percent.

140-25 (c) Soluble potash: A penalty of 3 times the value of the deficiency, if

140-26 the deficiency is in excess of 0.20 of 1 percent on goods that are guaranteed

140-27 2 percent; 0.30 of 1 percent on goods that are guaranteed 3 percent; 0.40 of

140-28 1 percent on goods that are guaranteed 4 percent; 0.50 of 1 percent on

140-29 goods guaranteed above 4 percent up to and including 8 percent; 0.60 of 1

140-30 percent on goods guaranteed above 8 percent up to and including 20

140-31 percent; and 1 percent on goods guaranteed over 20 percent.

140-32 (d) Deficiencies in any other constituent or constituents covered under

140-33 NRS 588.190 which the registrant is required to or may guarantee must be

140-34 evaluated by the [administrator] director and penalties therefor must be

140-35 prescribed by him.

140-36 2. [Nothing contained in] The provisions of this section [prevents] do

140-37 not prevent any person from appealing to a court of competent jurisdiction

140-38 praying for judgment as to the justification of [such] the penalties.

140-39 3. All penalties assessed under this section must be paid to the

140-40 consumer of the lot of commercial fertilizer or agricultural mineral

140-41 represented by the sample analyzed within 3 months after the date of the

140-42 notice from the [administrator] director to the registrant, and a receipt

141-1 taken therefor and promptly forwarded to the [administrator.] director. If

141-2 the consumer cannot be found, the amount of the penalty must be paid to

141-3 the [division.] department.

141-4 Sec. 381. NRS 588.250 is hereby amended to read as follows:

141-5 588.250 [For the purpose of determining] To determine the

141-6 commercial values to be applied under the provisions of NRS 588.240, the

141-7 [administrator] director shall determine and publish annually the values per

141-8 pound of nitrogen, phosphoric acid, and soluble potash in commercial

141-9 fertilizers or agricultural minerals in this state. The values [so] determined

141-10 and published must be used in determining and assessing penalties.

141-11 Sec. 382. NRS 588.270 is hereby amended to read as follows:

141-12 588.270 1. At least annually, the [administrator] director shall

141-13 publish, in such form as he may deem proper:

141-14 (a) Information concerning the sales of commercial fertilizers and

141-15 agricultural minerals, together with such data on their production and use as

141-16 he may consider advisable.

141-17 (b) A report of the results of the analyses based on official samples of

141-18 commercial fertilizers or agricultural minerals sold within the state as

141-19 compared with the analyses guaranteed under NRS 588.170 to 588.200,

141-20 inclusive.

141-21 2. The information concerning production and use of commercial

141-22 fertilizers or agricultural minerals must be shown separately for the periods

141-23 [of] from July 1 to December 31 and from January 1 to June 30 of each

141-24 year.

141-25 3. No disclosure may be made of the operations of any person.

141-26 Sec. 383. NRS 588.290 is hereby amended to read as follows:

141-27 588.290 If any commercial fertilizer or agricultural mineral in the

141-28 possession of the consumer is found by the [administrator] director to be

141-29 short in weight, the registrant of the commercial fertilizer or agricultural

141-30 mineral shall, within 30 days after [official] notice from the [administrator,]

141-31 director, pay to the consumer a penalty equal to 4 times the value of the

141-32 actual shortage.

141-33 Sec. 384. NRS 588.300 is hereby amended to read as follows:

141-34 588.300 The [administrator is authorized and empowered to] director

141-35 may cancel the registration of any brand of commercial fertilizer or

141-36 agricultural mineral or [to] refuse to register any brand of commercial

141-37 fertilizer or agricultural mineral, as provided in this chapter, upon

141-38 satisfactory evidence that the registrant has used fraudulent or deceptive

141-39 practices in the evasion or attempted evasion of the provisions of this

141-40 chapter or any rules and regulations adopted [thereunder,] pursuant

141-41 thereto, but no registration may be revoked or refused until the registrant

141-42 has been given the opportunity to appear [for] at a hearing held by the

141-43 [administrator.] director.

142-1 Sec. 385. NRS 588.320 is hereby amended to read as follows:

142-2 588.320 1. Any lot of commercial fertilizer or agricultural mineral

142-3 not in compliance with the provisions of this chapter is subject to seizure

142-4 upon the complaint of the [administrator] director to a court of competent

142-5 jurisdiction in the area in which the commercial fertilizer or agricultural

142-6 mineral is located.

142-7 2. If the court finds that the commercial fertilizer or agricultural

142-8 mineral [to be in violation] does not comply with the provisions of this

142-9 chapter and orders the condemnation of the commercial fertilizer or

142-10 agricultural mineral, it must be disposed of in any manner consistent with

142-11 the quality of the commercial fertilizer or agricultural mineral and the laws

142-12 of [the] this state.

142-13 3. In no instance may the disposition of [such] the commercial

142-14 fertilizer or agricultural mineral be ordered by the court without [first]

142-15 giving the claimant an opportunity to apply to the court for release of the

142-16 commercial fertilizer or agricultural mineral, or for permission to process

142-17 or relabel the commercial fertilizer or agricultural mineral, to bring it into

142-18 compliance with the provisions of this chapter.

142-19 Sec. 386. NRS 588.330 is hereby amended to read as follows:

142-20 588.330 1. If it appears from the examination of any commercial

142-21 fertilizer or agricultural mineral that any of the provisions of this chapter or

142-22 the rules and regulations [issued thereunder] adopted pursuant thereto

142-23 have been violated, the [administrator] director shall cause notice of the

142-24 violations to be given to the registrant, distributor or possessor from whom

142-25 the sample was taken. Any person so notified must be given an opportunity

142-26 to be heard under such rules and regulations as may be prescribed by the

142-27 [administrator.] director. If it appears after the hearing, [either] in the

142-28 presence or absence of the person so notified, that any of the provisions of

142-29 this chapter or the rules and regulations [issued thereunder] adopted

142-30 pursuant thereto have been violated, the [administrator] director may

142-31 certify the facts to the proper district attorney.

142-32 2. [Nothing in] The provisions of this chapter [requires the

142-33 administrator] do not require the director or his representative to report for

142-34 prosecution, or for the institution of seizure proceedings, minor violations

142-35 of this chapter [when] if he believes that the public interest will be best

142-36 served by a suitable notice of warning in writing.

142-37 3. Each district attorney to whom any violation is reported shall cause

142-38 appropriate proceedings to be instituted and prosecuted in a court of

142-39 competent jurisdiction without delay.

142-40 4. The [administrator is authorized to] director may apply for and the

142-41 court [to] may grant a temporary or permanent injunction restraining any

142-42 person from violating or continuing to violate any of the provisions of this

143-1 chapter or any rule or regulation adopted [under] pursuant to this chapter

143-2 notwithstanding the existence of other remedies at law. The injunction must

143-3 be issued without bond.

143-4 Sec. 387. NRS 590.063 is hereby amended to read as follows:

143-5 590.063 1. The use of pumps or other devices which are capable of

143-6 withdrawing gasoline from each of two tanks containing different qualities

143-7 of the same petroleum product and dispensing them as a single combined

143-8 product must be authorized if the [division] state department of agriculture

143-9 [of the department of business and industry] determines that all of the

143-10 following conditions exist:

143-11 (a) The device mechanism accurately measures the quantities of the

143-12 gasoline being simultaneously withdrawn from each of the two tanks and

143-13 the quantity dispensed.

143-14 (b) The device mechanism accurately and visibly records and displays

143-15 the resulting combined quality, the total quantity, the price per gallon for

143-16 the particular quality combination being dispensed, and the total price of

143-17 the quantity of gasoline dispensed at the particular sale.

143-18 (c) The device has a locking selector mechanism which prevents the

143-19 changing of the proportion of the two qualities being combined during the

143-20 dispensing of the desired quantity.

143-21 2. [It is the purpose] The provisions of this section [to] authorize the

143-22 operation of a blending type of pump connected to two tanks containing

143-23 two different grades of the same product, which, [when] if blended together

143-24 in different proportions, will produce gasoline of different octane rating,

143-25 each blend of which meets the specifications for gasoline as required by

143-26 this chapter.

143-27 Sec. 388. NRS 590.065 is hereby amended to read as follows:

143-28 590.065 1. The use of pumps or other devices which are capable of

143-29 withdrawing gasoline from one tank containing gasoline and another tank

143-30 containing motor oil and dispensing them as a single combined product and

143-31 of withdrawing gasoline alone from the tank containing gasoline must be

143-32 authorized if the [division] state department of agriculture [of the

143-33 department of business and industry] determines that all of the following

143-34 conditions exist:

143-35 (a) The device mechanism accurately measures the quantities being

143-36 simultaneously withdrawn for dispensing as a combined product from each

143-37 of the two tanks when the combined product is dispensed, and the quantity

143-38 being dispensed from the gasoline tank alone when gasoline alone is

143-39 dispensed.

143-40 (b) The device mechanism accurately and visibly records and displays

143-41 the ratio of gasoline to motor oil, the quantity of each ingredient being

143-42 dispensed, the price per gallon for gasoline being dispensed and the price

143-43 per quart for motor oil being dispensed, or a device the mechanism of

144-1 which accurately and visibly records and displays the ratio of gasoline to

144-2 motor oil, the total volume of the oil and gasoline mixture delivered, and

144-3 computes the total cost based upon the price set for the finished blend.

144-4 (c) The device mechanism prevents the changing of the ratio of gasoline

144-5 to motor oil during dispensing.

144-6 (d) There is firmly attached to or painted upon the device mechanism

144-7 panel a sign or label plainly visible consisting of the words "outboard

144-8 motor fuel" in letters not less than one-half inch in height, together with the

144-9 brand, trade-mark or trade name of the product, which [shall also] must be

144-10 in letters of not less than one-half inch in height.

144-11 2. [It is the purpose] The provisions of this section [to] authorize the

144-12 operation of a blending type of pump connected to two tanks, one

144-13 containing motor oil and the other gasoline, but only if the motor oil in its

144-14 separate state meets the specifications for lubricating oil as required by

144-15 NRS 590.080, and the gasoline in its separate state meets the specifications

144-16 for gasoline as required by NRS 590.070.

144-17 Sec. 389. NRS 590.090 is hereby amended to read as follows:

144-18 590.090 1. It is unlawful for any person, or any officer, agent or

144-19 employee thereof, to sell, offer for sale, or assist in the sale of or permit to

144-20 be sold or offered for sale any petroleum or petroleum product to be used

144-21 for heating purposes, unless the petroleum or petroleum product conforms

144-22 to the [latest] most recent standards adopted by the American Society for

144-23 Testing and Materials.

144-24 2. All bulk storage tanks, dispensers and petroleum tank truck

144-25 compartment outlets containing or dispensing heating fuel must be labeled

144-26 with the brand name and the grade designation of the heating fuel.

144-27 3. A person shall not use the numerical grade designation for heating

144-28 fuels adopted by the American Society for Testing and Materials unless the

144-29 designation conforms to [the ASTM specification.] that designation.

144-30 Persons using a designation other than the [ASTM] numerical grade

144-31 designation adopted by the American Society for Testing and Materials

144-32 must [first] file with the [division] state department of agriculture [of the

144-33 department of business and industry] the designation to be used together

144-34 with its corresponding [ASTM grade designation.] grade designation of

144-35 the American Society for Testing and Materials.

144-36 Sec. 390. NRS 652.230 is hereby amended to read as follows:

144-37 652.230 The provisions of this chapter apply to all public and private

144-38 medical laboratories except:

144-39 1. A laboratory of any college, university or school which is conducted

144-40 for the training of its students, actively engaged in research and approved

144-41 by the state department of education.

144-42 2. Laboratories operated by the Federal Government.

145-1 3. Laboratories operated by the [division] state department of

145-2 agriculture . [of the department of business and industry.]

145-3 Sec. 391. NRS 705.190 is hereby amended to read as follows:

145-4 705.190 1. Every owner or operator of a railroad in this state who

145-5 injures or kills any livestock of any description by [the running of] running

145-6 an engine or car over or against the livestock shall:

145-7 (a) Within 5 days thereafter post for [a period of] at least 30 days, at the

145-8 first railroad station in each direction from the place of the injury or killing,

145-9 notices in writing in [some] a conspicuous place on the outside of the

145-10 stations; and

145-11 (b) Within 10 days after [the injury] injuring or killing [of] the

145-12 livestock, forward by registered or certified mail a duplicate of each notice

145-13 to the [division] state department of agriculture . [of the department of

145-14 business and industry.]

145-15 2. The notice [or notices] must:

145-16 (a) Contain the number and kind of the animals [so] injured or killed,

145-17 with a full description of the animals, including brands and marks and sex.

145-18 (b) Give the time and place, as near as possible, of the injury or killing.

145-19 (c) Be dated and signed by an officer or agent of the owner or operator

145-20 of the railroad concerned.

145-21 Sec. 392. Section 1 of Assembly Bill No. 135 of this session is hereby

145-22 amended to read as follows:

145-23 Section 1. NRS 555.235 is hereby amended to read as follows:

145-24 555.235 As used in NRS 555.235 to 555.249, inclusive:

145-25 1. ["Agent" means any person who:

145-26 (a) Acts upon the authority of another person possessing a valid

145-27 nursery license in this state; and

145-28 (b) Solicits for the sale of nursery stock.

145-29 2. "Container" means any receptacle in which nursery stock is

145-30 packed for shipment, storage or sale.

145-31 3.] "Inspecting officer" means a person authorized by the

145-32 department to inspect nursery stock.

145-33 [4.] 2. "Licensee" means any person licensed under the

145-34 provisions of NRS 555.235 to 555.249, inclusive.

145-35 [5.] 3. "Nursery" means any [ground or place where] location:

145-36 (a) Where nursery stock is grown, propagated, stored [, packed,

145-37 treated, fumigated or offered for sale.

145-38 6.] or sold; or

145-39 (b) From which nursery stock is distributed directly to a

145-40 customer.

145-41 4. "Nursery stock" means any plant for planting, propagation or

145-42 ornamentation, and includes parts of plants, trees, shrubs, vines,

146-1 vegetables, bulbs, stolons, tubers, corms, pips, rhizomes, scions,

146-2 buds and grafts.

146-3 [7. "Peddler" means any person who sells, solicits or offers for

146-4 sale nursery stock to the ultimate customer and who does not have

146-5 an established permanent place of business in the state. The term

146-6 does not include nurserymen who wholesale stock to retail

146-7 nurserymen in this state.

146-8 8.] 5. "Pest" means [:

146-9 (a) Any] any form of animal or vegetable life detrimental to the

146-10 nursery industry of [the state.

146-11 (b) Any form of vegetable life detrimental to the nursery industry

146-12 of the state.

146-13 9. "Pest disease" means any infectious, transmissible or

146-14 contagious disease of plants, or any disorder of plants which

146-15 manifests symptoms or behavior which the director, after

146-16 investigation, determines to be characteristic of an infectious,

146-17 transmissible or contagious disease.

146-18 10. "Place of business" means any location used to propagate,

146-19 grow, maintain, hold, sell or distribute nursery stock. The term

146-20 includes, but is not limited to, established permanent places of

146-21 business, registered places of business, established sales yards, store

146-22 yards, store and sales locations and similar outlets for which the

146-23 minimum nursery license fee has been paid.

146-24 11.] this state, including, without limitation, any insect, snail,

146-25 nematode, fungus, virus, bacterium, microorganism,

146-26 mycoplasmal organism, weed, parasitic plant or any other plant

146-27 that is normally considered to be a pest of cultivated plants,

146-28 uncultivated plants, agricultural commodities, horticultural

146-29 products or nursery stock, or that the director declares to be a

146-30 pest.

146-31 6. "Sell" means exchange, offer for sale, expose for sale, have

146-32 in possession for sale or solicit for sale.

146-33 Sec. 393. Section 2 of Assembly Bill No. 135 of this session is hereby

146-34 amended to read as follows:

146-35 Sec. 2. NRS 555.236 is hereby amended to read as follows:

146-36 555.236 1. Every person who engages in the commercial

146-37 production, holding, distribution, collection or selling of nursery

146-38 stock shall obtain a license from the director, except:

146-39 (a) Retail florists or other persons who sell potted, ornamental

146-40 plants intended for indoor decorative purposes.

146-41 (b) A person who is not engaged in the nursery business and

146-42 raises nursery stock as a hobby in this state, from which he makes

146-43 occasional sales, if the person reports to the director his intention to

147-1 make those sales and does not advertise or solicit for the sale of that

147-2 nursery stock.

147-3 (c) Persons engaged in agriculture and field-growing vegetable

147-4 plants intended for sale for use in agricultural production.

147-5 (d) That the director may, to relieve hardships imposed by the

147-6 licensing requirements of NRS 555.235 to 555.249, inclusive, upon

147-7 persons residing in sparsely settled areas of [the] this state where no

147-8 licensed nurseries exist, waive the requirements for the licensing of

147-9 nurseries for any established business [concern] to permit

147-10 occasional sales of nursery stock [for customer accommodation.] to

147-11 accommodate the customers of the business.

147-12 (e) At the discretion of the director, persons selling vegetable

147-13 bulbs or flower bulbs, including , without limitation, onion sets,

147-14 tulip bulbs and similar bulbs.

147-15 (f) A nursery licensed by another state that sells nursery stock

147-16 directly to:

147-17 (1) A licensed retail nursery in this state; or

147-18 (2) The public by catalog.

147-19 2. Persons, state agencies or political subdivisions exempt from

147-20 the licensing requirements:

147-21 (a) Shall conduct their businesses in accordance with pest

147-22 regulations and grades and standards for nursery stock as

147-23 established by the director.

147-24 (b) Shall register annually, on or before July 1, with the

147-25 department, the location, size and type of nursery stock being

147-26 produced.

147-27 Sec. 394. Section 6 of Assembly Bill No. 135 of this session is hereby

147-28 amended to read as follows:

147-29 Sec. 6. NRS 555.248 is hereby amended to read as follows:

147-30 555.248 Any nursery stock brought into this state which the

147-31 director or inspecting officer finds or has reasonable cause to

147-32 believe to be infested or infected with any pest must be destroyed

147-33 immediately, at the expense of the owner or bailee, under the

147-34 supervision of the director or the inspecting officer, unless:

147-35 1. The nature of the pest is such that no detriment can be

147-36 caused to the public, the nursery , agricultural, forestry or

147-37 horticultural industry [or related industries] in this state or the

147-38 general environmental quality of this state by shipping the nursery

147-39 stock out of [the] this state. In that case the director or inspecting

147-40 officer:

147-41 (a) May affix a warning tag or notice to the nursery stock.

147-42 (b) Shall notify the owner or bailee to ship the nursery stock out

147-43 of this state within 48 hours.

148-1 (c) Shall keep the nursery stock under his control at the expense

148-2 of the owner or bailee.

148-3 (d) Shall destroy the nursery stock at the expiration of 48 hours

148-4 if the owner or bailee has not shipped the nursery stock out of [the]

148-5 this state.

148-6 2. The director determines that the pest can be exterminated by

148-7 a treatment prescribed by the director with the result that no

148-8 detriment will be caused to the public, the nursery , agricultural,

148-9 forestry or horticultural industry [or related industries] in this state

148-10 [.] or the general environmental quality of this state. In that case,

148-11 nursery stock will be released if the nursery stock is:

148-12 (a) Treated in the manner prescribed by the director;

148-13 (b) Treated within the time specified by the director or

148-14 inspecting officer;

148-15 (c) Treated under the supervision of the inspecting officer; and

148-16 (d) Found to be free from pests.

148-17 Sec. 395. The title of Assembly Bill No. 135 of this session is hereby

148-18 amended to read as follows:

148-19 AN ACT relating to agriculture; revising the definition of "nursery"

148-20 to include a location where nursery stock is propagated

148-21 [and] or from which nursery stock is distributed directly to a

148-22 customer; exempting certain nurseries that are licensed by

148-23 another state from the requirement of obtaining a license

148-24 from the [administrator] director of the [division] state

148-25 department of agriculture ; [of the department of business

148-26 and industry;] revising the definition of "peddler" to exclude

148-27 certain nurserymen licensed by another state; requiring

148-28 nursery stock shipped intrastate or interstate to a point

148-29 within this state to be accompanied by an inspection

148-30 certificate or a phytosanitary certificate; and providing other

148-31 matters properly relating thereto.

148-32 Sec. 396. NRS 552.08505, 552.08585, 576.011, 586.035, 587.016,

148-33 587.027, 587.465, 587.710, 588.015 and 588.074 are hereby repealed.

148-34 Sec. 397. This act becomes effective:

148-35 1. Upon passage and approval for the purpose of the adoption of

148-36 regulations by the commission on mineral resources that are necessary to

148-37 carry out the provisions of this act; and

148-38 2. On July 1, 1999, for all other purposes.

148-39 Sec. 398. The legislative counsel shall:

148-40 1. In preparing the reprint and supplements to the Nevada Revised

148-41 Statutes, with respect to any section that is not amended by this act or is

148-42 further amended by another act, appropriately change any reference to:

148-43 (a) "Division of agriculture" to "state department of agriculture"; and

149-1 (b) Any other agency or any officer whose name is changed or whose

149-2 responsibilities have been transferred pursuant to the provisions of this act

149-3 to refer to the appropriate agency or officer.

149-4 2. In preparing supplements to the Nevada Administrative Code,

149-5 appropriately change any reference to:

149-6 (a) "Division of agriculture" to "state department of agriculture"; and

149-7 (b) Any other agency or any officer whose name is changed or whose

149-8 responsibilities have been transferred pursuant to the provisions of this act

149-9 to refer to the appropriate agency or officer.

 

149-10 LEADLINES OF REPEALED SECTIONS

 

149-11 552.08505 "Administrator" defined.

149-12 552.08585 "Division" defined.

149-13 576.011 "Administrator" defined.

149-14 586.035 "Administrator" defined.

149-15 587.016 "Administrator" defined. 

149-16 587.027 "Division" defined. 

149-17 587.465 "Administrator" defined. 

149-18 587.710 "Administrator" defined.

149-19 588.015 "Administrator" defined. 

149-20 588.074 "Division" defined.

~