Assembly Bill No. 693–Committee on Ways and Means

May 24, 1999

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Referred to Committee on Ways and Means

 

SUMMARY—Revises provisions governing certain fees imposed by state board of agriculture and division of agriculture of department of business and industry. (BDR 50-1748)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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

 

AN ACT relating to fees; revising the provisions governing certain fees imposed by the state board of agriculture and the division of agriculture of the department of business and industry; 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 573.040 is hereby amended to read as follows:

1-2 573.040 The state board of agriculture shall establish by regulation

1-3 the fee for a license to operate a public livestock auction . [shall be $100

1-4 per year.]

1-5 Sec. 2. NRS 576.042 is hereby amended to read as follows:

1-6 576.042 1. Any:

1-7 (a) Producer of livestock or farm products or his agent or consignee;

1-8 (b) Licensed broker, dealer or commission merchant; or

1-9 (c) [Organization] Nonprofit organization or association [which is

1-10 entirely nonprofit in character, such as] , including the Nevada Fair of

1-11 Mineral Industries, 4-H clubs, the Nevada junior livestock show, the

1-12 Nevada state livestock show [or] and the Nevada Hereford Association,

1-13 who is injured by any violation of the provisions of this chapter, or by any

1-14 misrepresentations or fraud on the part of any licensed dealer, broker or

1-15 commission merchant, may maintain a civil action against the dealer,

1-16 broker or commission merchant. If the dealer, broker or commission

1-17 merchant is licensed, he may also maintain an action against the surety on

1-18 any bonds, or the money or securities deposited in lieu of a bond. In such

2-1 an action against an unlicensed dealer, broker or commission merchant, the

2-2 injured person is entitled to treble damages.

2-3 2. Any person having a claim pursuant to subsection 1 against any

2-4 licensed dealer, broker or commission merchant must begin legal action on

2-5 any bond, or money or securities deposited in lieu of a bond, for recovery

2-6 of the amount claimed to be due within 1 year after the claim has accrued.

2-7 3. Pursuant to subsection 4 of NRS 576.030, process may be served by

2-8 delivering to the administrator duplicate copies of the process and paying a

2-9 fee [of $2.] established by regulation of the state board of agriculture.

2-10 The service upon the administrator shall be deemed service upon the

2-11 dealer, broker or commission merchant. The administrator shall forward

2-12 one copy of the process by registered mail prepaid to the defendant dealer,

2-13 broker or commission merchant, [giving] specifying the day and hour of

2-14 service. The [defendant’s] return receipt of the defendant is prima facie

2-15 evidence of the completion of service. If service of summons is made upon

2-16 the administrator in accordance with the provisions of this subsection, the

2-17 [time] period within which the defendant [is required to] must appear is

2-18 extended 10 days. The provisions of this subsection are not exclusive, but if

2-19 a defendant dealer, broker or commission merchant is found within the

2-20 State of Nevada, he must be served with process in the State of Nevada.

2-21 Sec. 3. NRS 576.050 is hereby amended to read as follows:

2-22 576.050 [1.] Each applicant for a license as a broker, dealer,

2-23 commission merchant , [or] cash buyer or agent shall pay to the division an

2-24 annual license fee [of $40.

2-25 2. Each applicant for a license as an agent shall pay to the division an

2-26 annual license fee of $10.] established by regulation of the state board of

2-27 agriculture.

2-28 Sec. 4. NRS 555.238 is hereby amended to read as follows:

2-29 555.238 1. The state board of agriculture may establish by

2-30 regulation a minimum annual fee for each nursery license , [fee is $50 per

2-31 fiscal year,] to which must be added [:

2-32 (a) Twenty dollars for each additional] an amount established by

2-33 regulation of the board for each:

2-34 (a) Additional nursery of a licensee who has [already] paid the

2-35 minimum nursery license fee.

2-36 (b) [Two dollars for each acre] Acre of nursery stock in production or

2-37 portion thereof after the first acre . [up to a maximum fee of $15.

2-38 (c) Five dollars for each agent]

2-39 (c) Agent acting on behalf of a licensed nursery established in this state

2-40 and operating outside of the county in which the nursery is located.

2-41 (d) [Fifty dollars for each peddler.] Peddler.

2-42 2. As used in this section:

2-43 (a) "Agent" means any person who:

3-1 (1) Acts upon the authority of another person possessing a [valid]

3-2 nursery license in this state; and

3-3 (2) Solicits for the sale of nursery stock.

3-4 (b) "Peddler" means any person who sells, solicits or offers for sale

3-5 nursery stock to [the ultimate] a customer and who does not have a nursery

3-6 in this state. The term does not include nurserymen licensed by another

3-7 state who wholesale nursery stock to retail nurserymen in this state or sell

3-8 nursery stock directly to the public by catalog.

3-9 Sec. 5. NRS 555.310 is hereby amended to read as follows:

3-10 555.310 1. The administrator shall collect from each person applying

3-11 for the examination or reexamination a testing fee [of $10 for each field of

3-12 pest control in which the applicant wishes to be examined, subject,

3-13 however, to a maximum charge of $35 and a minimum charge of $15 for

3-14 any one application.] established by regulation of the state board of

3-15 agriculture.

3-16 2. Upon the successful completion of the testing, the administrator

3-17 shall , before the licensed is issued, collect from each person applying for a

3-18 license for pest control [the sum of $50 before the license is issued.] an

3-19 annual fee established by regulation of the state board of agriculture.

3-20 Any company or person employing operators, pilots or agents shall pay to

3-21 the administrator [$15] a fee established by regulation of the board for

3-22 each operator, pilot or agent licensed.

3-23 Sec. 6. NRS 555.355 is hereby amended to read as follows:

3-24 555.355 1. The administrator may require the applicant to show,

3-25 upon examination, that he possesses adequate knowledge concerning the

3-26 proper use and application of restricted-use pesticides and the dangers

3-27 involved and precautions to be taken in connection with [their application,]

3-28 the application of those pesticides, including , but not limited to , the

3-29 following [subject] areas:

3-30 (a) Label and labeling comprehension.

3-31 (b) Environmental consequences of pesticide use and misuse.

3-32 (c) Pests.

3-33 (d) Pesticides.

3-34 (e) Equipment.

3-35 (f) Application techniques.

3-36 (g) Laws and regulations.

3-37 (h) Safety.

3-38 2. In addition, the administrator may require the applicant to meet

3-39 special qualifications of competency to meet the special needs of a given

3-40 locality regarding the use or application of a specific restricted-use

3-41 pesticide.

3-42 3. The administrator shall collect from each person applying for an

3-43 examination or reexamination, in connection with the issuance of a

4-1 certificate, a testing fee [not to exceed $10] established by regulation of

4-2 the state board of agriculture for any one examination period.

4-3 Sec. 7. NRS 582.040 is hereby amended to read as follows:

4-4 582.040 If satisfied with the [applicant’s qualifications,] qualifications

4-5 of the applicant, the state sealer of weights and measures shall issue a

4-6 certificate of appointment as a public weighmaster, for which certificate he

4-7 shall charge a fee [of $60.] established by regulation of the state board of

4-8 agriculture. The certificate of appointment [is] :

4-9 1. Is valid for the calendar year in which it is issued. [Renewal of the

4-10 certificate of appointment may be obtained]

4-11 2. May be renewed each year upon application to the state sealer of

4-12 weights and measures [, accompanied by a fee of $50,] on or before the last

4-13 day of January. The application must be accompanied by a fee established

4-14 by regulation of the state board of agriculture.

4-15 Sec. 8. NRS 586.270 is hereby amended to read as follows:

4-16 586.270 1. A registrant shall pay an annual registration fee in an

4-17 amount [fixed] established by regulation of the administrator [not to

4-18 exceed $50] for each pesticide registered.

4-19 2. The administrator shall , for each annual registration fee he

4-20 collects, deposit in a separate account [not more than $25 of each annual

4-21 registration fee he collects.] the amount established for that purpose by

4-22 regulation of the administrator. The money deposited in the account must

4-23 be used only for the disposal of pesticides. [The administrator shall fix, by

4-24 regulation, the amount of each registration fee which must be deposited in

4-25 the account.]

4-26 3. A registrant who offers a pesticide for sale before [registration of]

4-27 registering the pesticide shall pay an amount equal to twice the registration

4-28 fee for [registration of] registering the pesticide.

4-29 Sec. 9. NRS 586.406 is hereby amended to read as follows:

4-30 586.406 1. It is unlawful for any person to sell or offer to sell at the

4-31 retail level or distribute or deliver for transportation for delivery to the

4-32 consumer or user a pesticide classified for restricted use pursuant to NRS

4-33 586.401 or the Federal Environmental Pesticide Control Act , [(] 7 U.S.C.

§§ 136 et seq. [) without first being] , unless he is registered with the

4-34 administrator.

4-35 2. Each person applying for registration must provide a statement

4-36 including:

4-37 (a) The name and address of the person registering; and

4-38 (b) The name and address of any person who, on behalf of the person

4-39 registering, sells, offers to sell, distributes or delivers for transportation a

4-40 restricted-use pesticide.

4-41 3. All registrations expire on December 31 and are renewable annually.

4-42 4. Each person registering shall pay:

5-1 (a) An annual registration fee [of $10;] established by regulation of the

5-2 state board of agriculture; and

5-3 (b) A penalty fee of $5 if his previous registration has expired by the

5-4 failure to reregister on or before February 1, unless his registration is

5-5 accompanied by a signed statement that no person named on the

5-6 registration statement has sold or distributed any restricted-use pesticides

5-7 during the period of the year during which the registration was not in effect.

5-8 5. [All persons] Each person who is registered shall maintain [and

5-9 keep for a period of] for 2 years a record of all sales of restricted-use

5-10 pesticides showing:

5-11 (a) The date of sale or delivery;

5-12 (b) The name and address of the person to whom sold or delivered;

5-13 (c) The brand name of the pesticide product;

5-14 (d) The amount of pesticide product sold or delivered;

5-15 (e) The certification number of the certified applicator who is applying

5-16 or supervising the application of the pesticide if the purchaser of the

5-17 pesticide is not certified to apply the pesticide; and

5-18 (f) Such other information as may be required by the administrator.

5-19 6. Each person registered pursuant to this section shall, on or before

5-20 the 15th day of each month, file a report with the administrator [of]

5-21 specifying the restricted-use pesticides sold during the previous month. The

5-22 administrator shall provide the form for the report. The form must be filed

5-23 [even if] regardless of whether the person [did not sell] sold any pesticides

5-24 during the previous month.

5-25 Sec. 10. NRS 588.170 is hereby amended to read as follows:

5-26 588.170 1. Each brand and grade of commercial fertilizer or

5-27 agricultural mineral must be registered with the division before being

5-28 offered for sale, sold or distributed in this state.

5-29 2. An application for registration must be submitted in duplicate to the

5-30 administrator on a form furnished by him, and must be accompanied by a

5-31 registration fee in an amount to be fixed annually by the administrator [, not

5-32 to exceed $25] for each combined registration of brand and grade.

5-33 3. The applicant must [also] deposit with the division an airtight

5-34 container containing not less than 2 pounds of the fertilizer or agricultural

5-35 mineral, together with an affidavit stating that it is a fair sample of the

5-36 fertilizer or agricultural mineral to be sold or offered for sale.

5-37 4. Upon approval by the administrator, a copy of the registration must

5-38 be furnished to the applicant.

5-39 5. All registrations expire on June 30 of each year.

5-40 Sec. 11. NRS 588.210 is hereby amended to read as follows:

5-41 588.210 1. There must be paid to the division for all commercial

5-42 fertilizers offered for sale, sold or distributed in this state a fee [at the rate

5-43 of 25 cents per ton on every] established by regulation of the state board

6-1 of agriculture for each ton sold, but sales to manufacturers or exchanges

6-2 between them are [exempted.] exempt.

6-3 2. There must be paid to the division for all agricultural minerals

6-4 offered for sale, sold or distributed in this state a fee [of 25 cents per ton on

6-5 every ton if] established by regulation of the state board of agriculture.

6-6 The regulations must specify the amount of the fee for each ton of

6-7 agricultural minerals that is sold in packages [, or 5 cents per ton if] and

6-8 the amount of the fee for each ton of those minerals that is sold in bulk,

6-9 but sales to manufacturers or exchanges between them are exempt.

6-10 3. The division shall prepare suitable forms for reporting sales and , on

6-11 request , shall furnish the forms without cost to all persons dealing in

6-12 registered brands of commercial fertilizers or agricultural minerals.

6-13 Sec. 12. NRS 590.380 is hereby amended to read as follows:

6-14 590.380 1. Before any antifreeze may be sold, displayed for sale or

6-15 held with intent to sell within this state, a sample thereof must be inspected

6-16 annually by the state sealer of weights and measures.

6-17 2. Upon application of the manufacturer, packer, seller or distributor

6-18 and the payment of a fee [of $50] established by regulation of the state

6-19 board of agriculture for each brand of antifreeze submitted, the state sealer

6-20 of weights and measures shall inspect the antifreeze submitted. If the

6-21 antifreeze [is] :

6-22 (a) Is not adulterated or misbranded [, if it meets] ;

6-23 (b) Meets the standards of the state sealer of weights and measures [,

6-24 and if it is] ; and

6-25 (c) Is not in violation of NRS 590.340 to 590.450, inclusive,

6-26 the state sealer of weights and measures shall [give] issue to the applicant a

6-27 written permit authorizing its sale in this state for the fiscal year in which

6-28 the inspection fee is paid.

6-29 3. If the state sealer of weights and measures at a later date finds that

6-30 [the] :

6-31 (a) The product to be sold, displayed for sale or held with intent to sell

6-32 has been materially altered or adulterated [, a] ;

6-33 (b) A change has been made in the name, brand or trade-mark under

6-34 which the antifreeze is sold [, or it] ; or

6-35 (c) The antifreeze violates the provisions of NRS 590.340 to 590.450,

6-36 inclusive,

6-37 he shall notify the applicant and the permit must be canceled forthwith.

6-38 Sec. 13. This act becomes effective upon passage and approval for the

6-39 purpose of adopting regulations by the state board of agriculture to

6-40 establish the fees specified in sections 1 to 12, inclusive, of this act and on

6-41 January 1, 2000, for all other purposes.

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