CHAPTER........
AN ACT relating to livestock; creating the rangeland resources commission; providing for its
membership; prescribing its powers and duties; imposing a fee for certain animal
unit months that are authorized for use on grazing lands; and providing other
matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 563 of NRS is hereby amended by adding thereto
the provisions set forth as sections 2 to 14, inclusive, of this act.
Sec. 2.
As used in sections 2 to 14, inclusive, of this act, unless thecontext otherwise requires, the words and terms defined in sections 3, 4
and 5 of this act have the meanings ascribed to them in those sections.
Sec. 3.
"Commission" means the rangeland resources commissioncreated by section 6 of this act.
Sec. 4.
"Grazing lands" means any public lands in this state:1. That are managed or controlled by the United States Forest
Service or the Bureau of Land Management; and
2. Upon which a person herds or grazes cattle or sheep pursuant to a
license, lease or permit issued for that purpose by the Secretary of
Agriculture or the Secretary of the Interior.
Sec. 5.
"State grazing board" means a state grazing board createdby the provisions of NRS 568.040.
Sec. 6.
1. The rangeland resources commission is hereby created.The commission consists of:
(a) One member from each state grazing board; and
(b) The president of:
(1) The Nevada Cattlemen’s Association or its successor
organization;
(2) The Nevada Woolgrowers’ Association or its successor
organization; and
(3) The Nevada Farm Bureau or its successor organization.
Each member specified in this paragraph serves as an ex officio member
of the commission and may designate another person to serve on his
behalf.
2. Not less than 30 days before the expiration of the term of a
member of the commission, the state grazing board from which the
member was appointed shall submit to the governor a written list of two
persons for appointment to the commission. A person nominated by a
state grazing board must be a member of that board. If such a list is
submitted to the governor by a state grazing board within the period
prescribed in this subsection, the governor shall appoint to the
commission one member from the list. If the list is not submitted to the
governor by a state grazing board within that period, the governor shall
appoint to the commission one member who is a member of that board.
3. The members of the commission shall elect a chairman and vice
chairman by a majority vote. After the initial election, the chairman and
vice chairman serve in the office for a term of 1 year beginning on July 1
of each year. If a vacancy occurs in the chairmanship or vice
chairmanship, the members of the commission shall elect a chairman or
vice chairman from among its members to serve for the remainder of the
unexpired term.
4. After the initial terms, each member of the commission who is
appointed serves for a term of 4 years.
5. A vacancy on the commission must be filled in the same manner
as the original appointment.
6. Each member of the commission:
(a) Serves without compensation; and
(b) While engaged in the business of the commission, and to the
extent that money is available for that purpose from the fees collected
pursuant to section 11 of this act, is entitled to receive the per diem
allowance and travel expenses provided for state officers and employees
generally.
7. The per diem allowance and travel expenses of a member of the
commission must be paid from the fees collected pursuant to section 11
of this act.
Sec. 7.
1. The members of the commission shall meet at leastquarterly and at the times and places specified by a call of the chairman
or by a majority of the members of the commission.
2. A majority of the members of the commission constitute a
quorum, and a quorum may exercise all the powers and duties of the
commission.
Sec. 8.
The commission may:1. Conduct research and surveys to determine the opinions and
knowledge of the residents of this state concerning the livestock industry
on grazing lands;
2. Establish programs to provide information to the residents of this
state concerning the livestock industry on grazing lands;
3. Conduct advertising campaigns to promote the livestock industry
on grazing lands;
4. Support the responsible control, management or use of grazing
lands;
5. Compile information concerning the livestock industry on grazing
lands and disseminate that information to each state grazing board;
6. Make determinations concerning the availability of forage on
grazing lands; and
7. Take any action it determines is necessary to stabilize the livestock
Sec. 9.
The commission may:1. Cooperate with any local, state or federal agency, any local, state
or national organization or any representatives of an industry whose
duties and powers are the same as or similar to the duties and powers of
the commission;
2. Employ such persons or enter into such contracts as it determines
are necessary to assist it in carrying out the provisions of sections 2 to 14,
inclusive, of this act;
3. Grant, donate or expend money:
(a) To construct or maintain a range improvement; or
(b) For any other purpose beneficial to the livestock industry on
grazing lands; and
4. Purchase, lease or own any real or personal property.
Sec. 10.
1. The commission may apply for or accept any gifts,grants, donations or contributions from any source to assist it in carrying
out the provisions of sections 2 to 14, inclusive, of this act.
2. Any money the commission receives pursuant to subsection 1 must
be deposited in the state treasury pursuant to the provisions of section 12
of this act.
Sec. 11.
1. The commission shall, not later than January 15 ofeach year, charge and collect from each person who grazed cattle or
sheep on grazing lands during the preceding calendar year a fee of 10
cents for each animal unit month that he was authorized by the United
States Forest Service or the Bureau of Land Management to use during
the immediately preceding year.
2. A person who pays the fee required by this section may, not earlier
than January 15 of each year and not later than February 15 of that
year, apply to the commission for a refund of the fee paid for the
immediately preceding year. The application must be submitted on a
form prescribed by the commission. Upon receipt of the request and after
determining that the fee has been paid by the person requesting the
refund, the commission shall, within 60 days after making that
determination, refund to that person an amount equal to the fee paid by
the person.
3. As used in this section, "animal unit month" means the amount of
forage required to sustain one cow or its equivalent for 1 month.
Sec. 12.
1. Any money the commission receives pursuant tosections 10 and 11 of this act:
(a) Must be deposited in the state treasury and accounted for
separately in the state general fund;
(b) May be used by the commission only for the costs of carrying out
the provisions of sections 2 to 14, inclusive, of this act; and
(c) Does not revert to the state general fund at the end of any fiscal
2. Any interest or income earned on the money in the account must
be credited to the account. Any claims against the account must be paid
in the manner that other claims against the state are paid.
Sec. 13.
1. If a person fails to pay the fee required by section 11 ofthis act, the commission may provide a written notice of that fact to the
attorney general or the district attorney of the county in which the person
resides.
2. A person who fails to pay the fee required by section 11 of this act
shall:
(a) For the first violation, pay a civil penalty of not more than $250.
(b) For the second violation, pay a civil penalty of not more than
$500.
Sec. 13.5.
1. On or before June 1 of each year, the commissionshall submit to the director of the department of administration a
financial statement setting forth:
(a) The assets and obligations of the commission; and
(b) The amount of the fees, if any:
(1) Collected by the commission pursuant to the provisions of
section 11 of this act for the immediately preceding calendar year; and
(2) Refunded by the commission pursuant to that section for that
year.
Sec. 15. 1. Not later than September 1, 1999, each state grazing
board shall submit to the governor a written list of two persons for
appointment to the rangeland resources commission created by section 6 of
this act. Each person included in the list must be a member of the state
grazing board that submits the list.
2. As soon as practicable after October 1, 1999, the appointed
members of the rangeland resources commission must be appointed by the
governor from the lists submitted pursuant to subsection 1 to initial terms
as follows:
(a) Two members to terms that expire on October 1, 2000;
(b) Two members to terms that expire on October 1, 2001; and
(c) Three members to terms that expire on October 1, 2002.
The governor shall not appoint more than one person from each list
submitted pursuant to subsection 1.
Sec. 16. The provisions of this act:
1. Become effective on July 1, 1999, for the purpose of appointing the
members of the rangeland resources commission created by section 6 of
this act, and on October 1, 1999, for all other purposes.
2. Expire by limitation on December 31 of the first year during which
the governor proclaims that the amount of the fees refunded by the
rangeland resources commission pursuant to the provisions of section 11 of
this act for the immediately preceding calendar year is more than 50
percent of the fees collected by the commission pursuant to that section for
that calendar year. The commission may continue to operate after
December 31 of the year the proclamation is issued to dispose of any
property owned by the commission and to take any other action necessary
to dissolve the commission, but in no case may the commission charge or
collect any fees pursuant to the provisions of sections 2 to 14, inclusive, of
this act after the provisions of this act expire by limitation, other than to
collect any fees owed for a previous year. If the provisions of this act
expire by limitation pursuant to this subsection, the commission shall, as
soon as practicable after taking all actions necessary to dissolve the
commission, refund any money remaining in the account created by section
12 of this act to each person who paid the fee required by section 11 of this
act for the calendar year immediately preceding the year in which the
provisions expire by limitation and who did not receive a refund of that fee
pursuant to that section. Each of those persons must be paid a pro rata share
of the remaining amount based on the ratio of the number of animal unit
months for which he paid the fee to the total fees paid for animal unit
months and not refunded.
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