Assembly Bill No. 693–Committee on Ways and Means
May 24, 1999
____________
Referred to Committee on Ways and Means
SUMMARY—Revises provisions governing certain fees imposed by state board of agriculture and state department of agriculture. (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
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. NRS 561.153 is hereby amended to read as follows: 561.153 The director may by regulation adopt such procedures as he1-3
may deem appropriate for the billing or collection of fees for any service1-4
1-5
under Titles 49, 50 and 51 of NRS for which fees are collectible.1-6
Sec. 2. NRS 573.040 is hereby amended to read as follows: 573.040 The state board of agriculture shall establish by regulation1-8
the fee for a license to operate a public livestock auction .1-9
1-10
Sec. 3. NRS 576.042 is hereby amended to read as follows: 576.042 1. Any:1-12
(a) Producer of livestock or farm products or his agent or consignee;1-13
(b) Licensed broker, dealer or commission merchant; or1-14
(c) Nonprofit organization or association, including the Nevada Fair of1-15
Mineral Industries, 4-H clubs, the Nevada junior livestock show, the1-16
Nevada state livestock show and the Nevada Hereford Association,1-17
who is injured by any violation of the provisions of this chapter, or by any1-18
misrepresentations or fraud on the part of any licensed dealer, broker or1-19
commission merchant, may maintain a civil action against the dealer,2-1
broker or commission merchant. If the dealer, broker or commission2-2
merchant is licensed, he may also maintain an action against the surety on2-3
any bonds, or the money or securities deposited in lieu of a bond. In such2-4
an action against an unlicensed dealer, broker or commission merchant, the2-5
injured person is entitled to treble damages.2-6
2. Any person having a claim pursuant to subsection 1 against any2-7
licensed dealer, broker or commission merchant must begin legal action on2-8
any bond, or money or securities deposited in lieu of a bond, for recovery2-9
of the amount claimed to be due within 1 year after the claim has accrued.2-10
3. Pursuant to subsection 4 of NRS 576.030, process may be served by2-11
delivering to the director duplicate copies of the process and paying a fee2-12
2-13
service upon the director shall be deemed service upon the dealer, broker or2-14
commission merchant. The director shall forward one copy of the process2-15
by registered mail prepaid to the defendant dealer, broker or commission2-16
merchant,2-17
2-18
completion of service. If service of summons is made upon the director in2-19
accordance with the provisions of this subsection, the2-20
which the defendant2-21
provisions of this subsection are not exclusive, but if a defendant dealer,2-22
broker or commission merchant is found within the State of Nevada, he2-23
must be served with process in the State of Nevada.2-24
Sec. 4. NRS 576.050 is hereby amended to read as follows: 576.0502-26
commission merchant ,2-27
an annual license fee2-28
2-29
2-30
of agriculture.2-31
Sec. 5. NRS 555.238 is hereby amended to read as follows: 555.238 1. The state board of agriculture may establish by2-33
regulation a minimum annual fee for each nursery license ,2-34
2-35
2-36
regulation of the board for each:2-37
(a) Additional nursery of a licensee who has2-38
minimum nursery license fee.2-39
(b)2-40
portion thereof after the first acre .2-41
2-42
(c) Agent acting on behalf of a licensed nursery established in this state2-43
and operating outside of the county in which the nursery is located.3-1
(d)3-2
2. As used in this section:3-3
(a) "Agent" means any person who:3-4
(1) Acts upon the authority of another person possessing a3-5
nursery license in this state; and3-6
(2) Solicits for the sale of nursery stock.3-7
(b) "Peddler" means any person who sells, solicits or offers for sale3-8
nursery stock to3-9
in this state. The term does not include nurserymen licensed by another3-10
state who wholesale nursery stock to retail nurserymen in this state or sell3-11
nursery stock directly to the public by catalog.3-12
Sec. 6. NRS 555.310 is hereby amended to read as follows: 555.310 1. The director shall collect from each person applying for3-14
the examination or reexamination a testing fee3-15
3-16
3-17
3-18
2. Upon the successful completion of the testing, the director shall ,3-19
before the license is issued, collect from each person applying for a license3-20
for pest control3-21
established by regulation of the state board of agriculture. Any company3-22
or person employing operators, pilots or agents shall pay to the director3-23
3-24
or agent licensed.3-25
Sec. 7. NRS 555.355 is hereby amended to read as follows: 555.355 1. The director may require the applicant to show, upon3-27
examination, that he possesses adequate knowledge concerning the proper3-28
use and application of restricted-use pesticides and the dangers involved3-29
and precautions to be taken in connection with3-30
application of those pesticides, including, but not limited to, the following3-31
areas:3-32
(a) Label and labeling comprehension.3-33
(b) Environmental consequences of pesticide use and misuse.3-34
(c) Pests.3-35
(d) Pesticides.3-36
(e) Equipment.3-37
(f) Application techniques.3-38
(g) Laws and regulations.3-39
(h) Safety.3-40
2. In addition, the director may require the applicant to meet special3-41
qualifications of competency to meet the special needs of a given locality3-42
regarding the use or application of a specific restricted-use pesticide.4-1
3. The director shall collect from each person applying for an4-2
examination or reexamination, in connection with the issuance of a4-3
certificate, a testing fee4-4
the state board of agriculture for any one examination period.4-5
Sec. 8. NRS 582.040 is hereby amended to read as follows: 582.040 If satisfied with the4-7
of the applicant, the state sealer of weights and measures shall issue a4-8
certificate of appointment as a public weighmaster, for which certificate he4-9
shall charge a fee4-10
agriculture. The certificate of appointment4-11
1. Is valid for the calendar year in which it is issued.4-12
4-13
2. May be renewed each year upon application to the state sealer of4-14
weights and measures4-15
day of January. The application must be accompanied by a fee established4-16
by regulation of the state board of agriculture.4-17
Sec. 9. NRS 586.270 is hereby amended to read as follows: 586.270 1. A registrant shall pay an annual registration fee in an4-19
amount4-20
4-21
2. The director shall , for each annual registration fee he collects,4-22
deposit in a separate account4-23
4-24
the director. The money deposited in the account must be used only for the4-25
disposal of pesticides.4-26
4-27
3. A registrant who offers a pesticide for sale before4-28
4-29
registration fee for4-30
Sec. 10. NRS 586.406 is hereby amended to read as follows: 586.406 1. It is unlawful for any person to sell or offer to sell at the4-32
retail level or distribute or deliver for transportation for delivery to the4-33
consumer or user a pesticide classified for restricted use pursuant to NRS4-34
586.401 or the Federal Environmental Pesticide Control Act, 7 U.S.C. §§4-35
136 et seq.,4-36
2. Each person applying for registration must provide a statement4-37
including:4-38
(a) The name and address of the person registering; and4-39
(b) The name and address of any person who, on behalf of the person4-40
registering, sells, offers to sell, distributes or delivers for transportation a4-41
restricted-use pesticide.4-42
3. All registrations expire on December 31 and are renewable annually.4-43
4. Each person registering shall pay:5-1
(a) An annual registration fee5-2
state board of agriculture; and5-3
(b) A penalty fee of $5 if his previous registration has expired by the5-4
failure to reregister on or before February 1, unless his registration is5-5
accompanied by a signed statement that no person named on the5-6
registration statement has sold or distributed any restricted-use pesticides5-7
during the year the registration was not in effect.5-8
5.5-9
years a record of all sales of restricted-use pesticides showing:5-10
(a) The date of sale or delivery;5-11
(b) The name and address of the person to whom sold or delivered;5-12
(c) The brand name of the pesticide product;5-13
(d) The amount of pesticide product sold or delivered;5-14
(e) The certification number of the certified applicator who is applying5-15
or supervising the application of the pesticide if the purchaser of the5-16
pesticide is not certified to apply the pesticide; and5-17
(f) Such other information as may be required by the director.5-18
6. Each person registered pursuant to this section shall, on or before5-19
the 15th day of each month, file a report with the director5-20
the restricted-use pesticides sold during the previous month. The director5-21
shall provide the form for the report. The form must be filed5-22
regardless of whether the person5-23
the previous month.5-24
Sec. 11. NRS 588.170 is hereby amended to read as follows: 588.170 1. Each brand and grade of commercial fertilizer or5-26
agricultural mineral must be registered with the department before being5-27
offered for sale, sold or distributed in this state.5-28
2. An application for registration must be submitted in duplicate to the5-29
director on a form furnished by him, and must be accompanied by a5-30
registration fee in an amount to be fixed annually by the director5-31
5-32
3. The applicant must5-33
container containing not less than 2 pounds of the fertilizer or agricultural5-34
mineral, together with an affidavit stating that it is a fair sample of the5-35
fertilizer or agricultural mineral to be sold or offered for sale.5-36
4. Upon approval by the director, a copy of the registration must be5-37
furnished to the applicant.5-38
5. All registrations expire on June 30 of each year.5-39
Sec. 12. NRS 588.210 is hereby amended to read as follows: 588.210 1. There must be paid to the department for all commercial5-41
fertilizers offered for sale, sold or distributed in this state a fee5-42
6-1
of agriculture for each ton sold, but sales to manufacturers or exchanges6-2
between them are6-3
2. There must be paid to the department for all agricultural minerals6-4
offered for sale, sold or distributed in this state a fee6-5
6-6
The regulations must specify the amount of the fee for each ton of6-7
agricultural minerals that is sold in packages6-8
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 department shall prepare suitable forms for reporting sales and ,6-11
on request , shall furnish the forms without cost to all persons dealing in6-12
registered brands of commercial fertilizers or agricultural minerals.6-13
Sec. 13. NRS 590.380 is hereby amended to read as follows: 590.380 1. Before any antifreeze may be sold, displayed for sale or6-15
held with intent to sell within this state, a sample thereof must be inspected6-16
annually by the state sealer of weights and measures.6-17
2. Upon application of the manufacturer, packer, seller or distributor6-18
and the payment of a fee6-19
board of agriculture for each brand of antifreeze submitted, the state sealer6-20
of weights and measures shall inspect the antifreeze submitted. If the6-21
antifreeze6-22
(a) Is not adulterated or misbranded6-23
(b) Meets the standards of the state sealer of weights and measures6-24
6-25
(c) Is not in violation of NRS 590.340 to 590.450, inclusive,6-26
the state sealer of weights and measures shall6-27
written permit authorizing its sale in this state for the fiscal year in which6-28
the inspection fee is paid.6-29
3. If the state sealer of weights and measures at a later date finds that6-30
6-31
(a) The product to be sold, displayed for sale or held with intent to sell6-32
has been materially altered or adulterated6-33
(b) A change has been made in the name, brand or trade-mark under6-34
which the antifreeze is sold6-35
(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. 14. This act becomes effective upon passage and approval for the6-39
purpose of adopting regulations by the state board of agriculture to6-40
establish the fees specified in sections 2 to 13, inclusive, of this act and on6-41
January 1, 2000, for all other purposes.~