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 [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 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 allocated to a person who grazes cattle or sheep 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:

1-1 Section 1. Chapter 563 of NRS is hereby amended by adding thereto

1-2 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 the

1-4 context otherwise requires, the words and terms defined in sections 3, 4

1-5 and 5 of this act have the meanings ascribed to them in those sections.

1-6 Sec. 3. "Commission" means the rangeland resources commission

1-7 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 Forest

1-10 Service or the Bureau of Land Management; and

1-11 2. Upon which a person herds or grazes cattle or sheep pursuant to a

1-12 license, lease or permit issued for that purpose by the Secretary of

1-13 Agriculture or the Secretary of the Interior.

1-14 Sec. 5. "State grazing board" means a state grazing board created

1-15 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; and

2-1 (b) The president of:

2-2 (1) The Nevada Cattlemen’s Association or its successor

2-3 organization;

2-4 (2) The Nevada Woolgrowers’ Association or its successor

2-5 organization; and

2-6 (3) The Nevada Farm Bureau or its successor organization.

2-7 Each member specified in this paragraph serves as an ex officio member

2-8 of the commission.

2-9 2. Not less than 30 days before the expiration of the term of a

2-10 member of the commission, the state grazing board from which the

2-11 member was appointed shall submit to the governor a written list of two

2-12 persons for appointment to the commission. A person nominated by a

2-13 state grazing board must be a member of that board. If such a list is

2-14 submitted to the governor by a state grazing board within the period

2-15 prescribed in this subsection, the governor shall appoint to the

2-16 commission one member from the list. If the list is not submitted to the

2-17 governor by a state grazing board within that period, the governor shall

2-18 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 its

2-20 successor organization serves as the chairman of the commission. The

2-21 members of the commission shall elect a vice chairman by a majority

2-22 vote. After the initial election, the vice chairman serves in that office for

2-23 a term of 1 year beginning on July 1 of each year. If a vacancy occurs in

2-24 the vice chairmanship, the members of the commission shall elect a vice

2-25 chairman from among its members to serve for the remainder of the

2-26 unexpired term.

2-27 4. After the initial terms, each member of the commission who is

2-28 appointed serves for a term of 4 years.

2-29 5. A vacancy on the commission must be filled in the same manner

2-30 as the original appointment.

2-31 6. Each member of the commission:

2-32 (a) Serves without compensation; and

2-33 (b) While engaged in the business of the commission, and to the

2-34 extent that money is available for that purpose from the fees collected

2-35 pursuant to section 11 of this act, is entitled to receive the per diem

2-36 allowance and travel expenses provided for state officers and employees

2-37 generally.

2-38 7. The per diem allowance and travel expenses of a member of the

2-39 commission must be paid from the fees collected pursuant to section 11

2-40 of this act.

2-41 Sec. 7. 1. The members of the commission shall meet at least

2-42 quarterly and at the times and places specified by a call of the chairman

2-43 or by a majority of the members of the commission.

3-1 2. A majority of the members of the commission constitute a

3-2 quorum, and a quorum may exercise all the powers and duties of the

3-3 commission.

3-4 Sec. 8. The commission may:

3-5 1. Conduct research and surveys to determine the opinions and

3-6 knowledge of the residents of this state concerning the livestock industry;

3-7 2. Establish programs to provide information to the residents of this

3-8 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 grazing

3-11 lands;

3-12 5. Compile information concerning the livestock industry and

3-13 disseminate that information to each state grazing board;

3-14 6. Make determinations concerning:

3-15 (a) The availability of forage on grazing lands; or

3-16 (b) The emergence of new markets or the expansion of existing

3-17 markets in the livestock industry; and

3-18 7. Take any action it determines is necessary to stabilize or protect

3-19 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 as

3-23 or similar to the duties and powers of the commission;

3-24 2. Employ such persons or enter into such contracts as it determines

3-25 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; or

3-29 (b) For any other purpose beneficial to the livestock industry; and

3-30 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 carrying

3-33 out the provisions of sections 2 to 14, inclusive, of this act.

3-34 2. Any money the commission receives pursuant to subsection 1 must

3-35 be deposited in the state treasury pursuant to the provisions of section 12

3-36 of this act.

3-37 Sec. 11. 1. Except as otherwise provided in subsection 2, the

3-38 commission shall, not later than January 15 of each year, charge and

3-39 collect from each person who grazes cattle or sheep on grazing lands a

3-40 fee of not less than 10 cents or more than 30 cents for each animal unit

3-41 month that is allocated by the United States Forest Service or the Bureau

3-42 of Land Management to that person for those cattle or sheep on those

3-43 grazing lands for the immediately preceding year.

4-1 2. The commission may enter into an agreement with the United

4-2 States Forest Service and the Bureau of Land Management to provide

4-3 for the collection of the fee by the United States Forest Service and the

4-4 Bureau of Land Management. If an agreement is entered into pursuant

4-5 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 or

4-8 sheep on grazing lands managed or controlled by the United States

4-9 Forest Service; or

4-10 (2) The Bureau of Land Management, if the person grazes cattle or

4-11 sheep on grazing lands managed or controlled by the Bureau of Land

4-12 Management; and

4-13 (b) The period during which the United States Forest Service and the

4-14 Bureau of Land Management must report and remit to the commission

4-15 the fees collected by the United States Forest Service and the Bureau of

4-16 Land Management pursuant to the agreement.

4-17 3. A person who pays the fee required by this section may, not earlier

4-18 than January 15 of each year and not later than February 15 of that

4-19 year, apply to the commission for a refund of the fee paid for the

4-20 immediately preceding year. The application must be submitted on a

4-21 form prescribed by the commission. Upon receipt of the request and after

4-22 determining that the fee has been paid by the person requesting the

4-23 refund, the commission shall, within 60 days after making that

4-24 determination, refund to that person an amount equal to the fee paid by

4-25 the person.

4-26 4. As used in this section, "animal unit month" means the amount of

4-27 forage required to sustain one cow or its equivalent for 1 month.

4-28 Sec. 12. 1. Any money the commission receives pursuant to

4-29 sections 10 and 11 of this act:

4-30 (a) Must be deposited in the state treasury and accounted for

4-31 separately in the state general fund;

4-32 (b) May be used by the commission only for the costs of carrying out

4-33 the provisions of sections 2 to 14, inclusive, of this act; and

4-34 (c) Does not revert to the state general fund at the end of any fiscal

4-35 year.

4-36 2. Any interest or income earned on the money in the account must

4-37 be credited to the account. Any claims against the account must be paid

4-38 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 of

4-40 this act, the commission may provide a written notice of that fact to the

4-41 attorney general or the district attorney of the county in which the person

4-42 resides.

5-1 2. A person who fails to pay the fee required by section 11 of this act

5-2 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 than

5-5 $500.

5-6 (c) For the third or subsequent violation, pay a civil penalty of not

5-7 more than $750.

5-8 Sec. 14. The division of agriculture of the department of business

5-9 and industry shall, within the resources available to it, provide

5-10 administrative services to the commission to assist the commission in

5-11 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 grazing

5-13 board shall submit to the governor a written list of two persons for

5-14 appointment to the rangeland resources commission created by section 6 of

5-15 this act. Each person included in the list must be a member of the state

5-16 grazing board that submits the list.

5-17 2. As soon as practicable after October 1, 1999, the appointed

5-18 members of the rangeland resources commission must be appointed by the

5-19 governor from the lists submitted pursuant to subsection 1 to initial terms

5-20 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; and

5-23 (c) Three members to terms that expire on October 1, 2002.

5-24 The governor shall not appoint more than one person from each list

5-25 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 resources

5-28 commission created by section 6 of this act, and on October 1, 1999, for all

5-29 other purposes.

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