Senate Bill No. 310–Senators Rhoads, McGinness,
Jacobsen and Amodei
March 3, 1999
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Referred to Committee on Natural Resources
SUMMARY—Creates rangeland resources commission. (BDR 50-1419)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
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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. Chapter 563 of NRS is hereby amended by adding thereto1-2
the provisions set forth as sections 2 to 14, inclusive, of this act.1-3
Sec. 2. As used in sections 2 to 14, inclusive, of this act, unless the1-4
context otherwise requires, the words and terms defined in sections 3, 41-5
and 5 of this act have the meanings ascribed to them in those sections.1-6
Sec. 3. "Commission" means the rangeland resources commission1-7
created by section 6 of this act.1-8
Sec. 4. "Grazing lands" means any public lands in this state:1-9
1. That are managed or controlled by the United States Forest1-10
Service or the Bureau of Land Management; and1-11
2. Upon which a person herds or grazes cattle or sheep pursuant to a1-12
license, lease or permit issued for that purpose by the Secretary of1-13
Agriculture or the Secretary of the Interior.1-14
Sec. 5. "State grazing board" means a state grazing board created1-15
by the provisions of NRS 568.040.1-16
Sec. 6. 1. The rangeland resources commission is hereby created.1-17
The commission consists of:1-18
(a) One member from each state grazing board; and2-1
(b) The president of:2-2
(1) The Nevada Cattlemen’s Association or its successor2-3
organization;2-4
(2) The Nevada Woolgrowers’ Association or its successor2-5
organization; and2-6
(3) The Nevada Farm Bureau or its successor organization.2-7
Each member specified in this paragraph serves as an ex officio member2-8
of the commission.2-9
2. Not less than 30 days before the expiration of the term of a2-10
member of the commission, the state grazing board from which the2-11
member was appointed shall submit to the governor a written list of two2-12
persons for appointment to the commission. A person nominated by a2-13
state grazing board must be a member of that board. If such a list is2-14
submitted to the governor by a state grazing board within the period2-15
prescribed in this subsection, the governor shall appoint to the2-16
commission one member from the list. If the list is not submitted to the2-17
governor by a state grazing board within that period, the governor shall2-18
appoint to the commission one member who is a member of that board.2-19
3. The president of the Nevada Cattlemen’s Association or its2-20
successor organization serves as the chairman of the commission. The2-21
members of the commission shall elect a vice chairman by a majority2-22
vote. After the initial election, the vice chairman serves in that office for2-23
a term of 1 year beginning on July 1 of each year. If a vacancy occurs in2-24
the vice chairmanship, the members of the commission shall elect a vice2-25
chairman from among its members to serve for the remainder of the2-26
unexpired term.2-27
4. After the initial terms, each member of the commission who is2-28
appointed serves for a term of 4 years.2-29
5. A vacancy on the commission must be filled in the same manner2-30
as the original appointment.2-31
6. Each member of the commission:2-32
(a) Serves without compensation; and2-33
(b) While engaged in the business of the commission, and to the2-34
extent that money is available for that purpose from the fees collected2-35
pursuant to section 11 of this act, is entitled to receive the per diem2-36
allowance and travel expenses provided for state officers and employees2-37
generally.2-38
7. The per diem allowance and travel expenses of a member of the2-39
commission must be paid from the fees collected pursuant to section 112-40
of this act.2-41
Sec. 7. 1. The members of the commission shall meet at least2-42
quarterly and at the times and places specified by a call of the chairman2-43
or by a majority of the members of the commission.3-1
2. A majority of the members of the commission constitute a3-2
quorum, and a quorum may exercise all the powers and duties of the3-3
commission.3-4
Sec. 8. The commission may:3-5
1. Conduct research and surveys to determine the opinions and3-6
knowledge of the residents of this state concerning the livestock industry;3-7
2. Establish programs to provide information to the residents of this3-8
state concerning the livestock industry;3-9
3. Conduct advertising campaigns to promote the livestock industry;3-10
4. Support the responsible control, management or use of grazing3-11
lands;3-12
5. Compile information concerning the livestock industry and3-13
disseminate that information to each state grazing board;3-14
6. Make determinations concerning:3-15
(a) The availability of forage on grazing lands; or3-16
(b) The emergence of new markets or the expansion of existing3-17
markets in the livestock industry; and3-18
7. Take any action it determines is necessary to stabilize or protect3-19
the livestock industry.3-20
Sec. 9. The commission may:3-21
1. Cooperate with any local, state or federal agency or any local,3-22
state or national organization whose duties and powers are the same as3-23
or similar to the duties and powers of the commission;3-24
2. Employ such persons or enter into such contracts as it determines3-25
are necessary to assist it in carrying out the provisions of sections 2 to 14,3-26
inclusive, of this act;3-27
3. Grant, donate or expend money:3-28
(a) To construct or maintain a range improvement; or3-29
(b) For any other purpose beneficial to the livestock industry; and3-30
4. Purchase, lease or own any real or personal property.3-31
Sec. 10. 1. The commission may apply for or accept any gifts,3-32
grants, donations or contributions from any source to assist it in carrying3-33
out the provisions of sections 2 to 14, inclusive, of this act.3-34
2. Any money the commission receives pursuant to subsection 1 must3-35
be deposited in the state treasury pursuant to the provisions of section 123-36
of this act.3-37
Sec. 11. 1. Except as otherwise provided in subsection 2, the3-38
commission shall, not later than January 15 of each year, charge and3-39
collect from each person who grazes cattle or sheep on grazing lands a3-40
fee of not less than 10 cents or more than 30 cents for each animal unit3-41
month that is allocated by the United States Forest Service or the Bureau3-42
of Land Management to that person for those cattle or sheep on those3-43
grazing lands for the immediately preceding year.4-1
2. The commission may enter into an agreement with the United4-2
States Forest Service and the Bureau of Land Management to provide4-3
for the collection of the fee by the United States Forest Service and the4-4
Bureau of Land Management. If an agreement is entered into pursuant4-5
to the provisions of this subsection, the agreement must specify:4-6
(a) The manner in which the fee must be paid to:4-7
(1) The United States Forest Service, if the person grazes cattle or4-8
sheep on grazing lands managed or controlled by the United States4-9
Forest Service; or4-10
(2) The Bureau of Land Management, if the person grazes cattle or4-11
sheep on grazing lands managed or controlled by the Bureau of Land4-12
Management; and4-13
(b) The period during which the United States Forest Service and the4-14
Bureau of Land Management must report and remit to the commission4-15
the fees collected by the United States Forest Service and the Bureau of4-16
Land Management pursuant to the agreement.4-17
3. A person who pays the fee required by this section may, not earlier4-18
than January 15 of each year and not later than February 15 of that4-19
year, apply to the commission for a refund of the fee paid for the4-20
immediately preceding year. The application must be submitted on a4-21
form prescribed by the commission. Upon receipt of the request and after4-22
determining that the fee has been paid by the person requesting the4-23
refund, the commission shall, within 60 days after making that4-24
determination, refund to that person an amount equal to the fee paid by4-25
the person.4-26
4. As used in this section, "animal unit month" means the amount of4-27
forage required to sustain one cow or its equivalent for 1 month.4-28
Sec. 12. 1. Any money the commission receives pursuant to4-29
sections 10 and 11 of this act:4-30
(a) Must be deposited in the state treasury and accounted for4-31
separately in the state general fund;4-32
(b) May be used by the commission only for the costs of carrying out4-33
the provisions of sections 2 to 14, inclusive, of this act; and4-34
(c) Does not revert to the state general fund at the end of any fiscal4-35
year.4-36
2. Any interest or income earned on the money in the account must4-37
be credited to the account. Any claims against the account must be paid4-38
in the manner that other claims against the state are paid.4-39
Sec. 13. 1. If a person fails to pay the fee required by section 11 of4-40
this act, the commission may provide a written notice of that fact to the4-41
attorney general or the district attorney of the county in which the person4-42
resides.5-1
2. A person who fails to pay the fee required by section 11 of this act5-2
shall:5-3
(a) For the first violation, pay a civil penalty of not more than $250.5-4
(b) For the second violation, pay a civil penalty of not more than5-5
$500.5-6
(c) For the third or subsequent violation, pay a civil penalty of not5-7
more than $750.5-8
Sec. 14. The division of agriculture of the department of business5-9
and industry shall, within the resources available to it, provide5-10
administrative services to the commission to assist the commission in5-11
carrying out the provisions of sections 2 to 14, inclusive, of this act.5-12
Sec. 15. 1. Not later than September 1, 1999, each state grazing5-13
board shall submit to the governor a written list of two persons for5-14
appointment to the rangeland resources commission created by section 6 of5-15
this act. Each person included in the list must be a member of the state5-16
grazing board that submits the list.5-17
2. As soon as practicable after October 1, 1999, the appointed5-18
members of the rangeland resources commission must be appointed by the5-19
governor from the lists submitted pursuant to subsection 1 to initial terms5-20
as follows:5-21
(a) Two members to terms that expire on October 1, 2000;5-22
(b) Two members to terms that expire on October 1, 2001; and5-23
(c) Three members to terms that expire on October 1, 2002.5-24
The governor shall not appoint more than one person from each list5-25
submitted pursuant to subsection 1.5-26
Sec. 16. The provisions of this act become effective on July 1, 1999,5-27
for the purpose of appointing the members of the rangeland resources5-28
commission created by section 6 of this act, and on October 1, 1999, for all5-29
other purposes.~