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).

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 and may designate another person to serve on his

2-9 behalf.

2-10 2. Not less than 30 days before the expiration of the term of a

2-11 member of the commission, the state grazing board from which the

2-12 member was appointed shall submit to the governor a written list of two

2-13 persons for appointment to the commission. A person nominated by a

2-14 state grazing board must be a member of that board. If such a list is

2-15 submitted to the governor by a state grazing board within the period

2-16 prescribed in this subsection, the governor shall appoint to the

2-17 commission one member from the list. If the list is not submitted to the

2-18 governor by a state grazing board within that period, the governor shall

2-19 appoint to the commission one member who is a member of that board.

2-20 3. The members of the commission shall elect a chairman and vice

2-21 chairman by a majority vote. After the initial election, the chairman and

2-22 vice chairman serve in the office for a term of 1 year beginning on July 1

2-23 of each year. If a vacancy occurs in the chairmanship or vice

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

2-25 vice 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 on grazing lands;

3-8 2. Establish programs to provide information to the residents of this

3-9 state concerning the livestock industry on grazing lands;

3-10 3. Conduct advertising campaigns to promote the livestock industry

3-11 on grazing lands;

3-12 4. Support the responsible control, management or use of grazing

3-13 lands;

3-14 5. Compile information concerning the livestock industry on grazing

3-15 lands and disseminate that information to each state grazing board;

3-16 6. Make determinations concerning the availability of forage on

3-17 grazing lands; and

3-18 7. Take any action it determines is necessary to stabilize the livestock

3-19 industry on grazing lands.

3-20 Sec. 9. The commission may:

3-21 1. Cooperate with any local, state or federal agency, any local, state

3-22 or national organization or any representatives of an industry whose

3-23 duties and powers are the same as or similar to the duties and powers of

3-24 the commission;

3-25 2. Employ such persons or enter into such contracts as it determines

3-26 are necessary to assist it in carrying out the provisions of sections 2 to 14,

3-27 inclusive, of this act;

3-28 3. Grant, donate or expend money:

3-29 (a) To construct or maintain a range improvement; or

3-30 (b) For any other purpose beneficial to the livestock industry on

3-31 grazing lands; and

3-32 4. Purchase, lease or own any real or personal property.

3-33 Sec. 10. 1. The commission may apply for or accept any gifts,

3-34 grants, donations or contributions from any source to assist it in carrying

3-35 out the provisions of sections 2 to 14, inclusive, of this act.

3-36 2. Any money the commission receives pursuant to subsection 1 must

3-37 be deposited in the state treasury pursuant to the provisions of section 12

3-38 of this act.

3-39 Sec. 11. 1. The commission shall, not later than January 15 of

3-40 each year, charge and collect from each person who grazed cattle or

3-41 sheep on grazing lands during the preceding calendar year a fee of 10

4-1 cents for each animal unit month that he was authorized by the United

4-2 States Forest Service or the Bureau of Land Management to use during

4-3 the immediately preceding year.

4-4 2. A person who pays the fee required by this section may, not earlier

4-5 than January 15 of each year and not later than February 15 of that

4-6 year, apply to the commission for a refund of the fee paid for the

4-7 immediately preceding year. The application must be submitted on a

4-8 form prescribed by the commission. Upon receipt of the request and after

4-9 determining that the fee has been paid by the person requesting the

4-10 refund, the commission shall, within 60 days after making that

4-11 determination, refund to that person an amount equal to the fee paid by

4-12 the person.

4-13 3. As used in this section, "animal unit month" means the amount of

4-14 forage required to sustain one cow or its equivalent for 1 month.

4-15 Sec. 12. 1. Any money the commission receives pursuant to

4-16 sections 10 and 11 of this act:

4-17 (a) Must be deposited in the state treasury and accounted for

4-18 separately in the state general fund;

4-19 (b) May be used by the commission only for the costs of carrying out

4-20 the provisions of sections 2 to 14, inclusive, of this act; and

4-21 (c) Does not revert to the state general fund at the end of any fiscal

4-22 year.

4-23 2. Any interest or income earned on the money in the account must

4-24 be credited to the account. Any claims against the account must be paid

4-25 in the manner that other claims against the state are paid.

4-26 Sec. 13. 1. If a person fails to pay the fee required by section 11 of

4-27 this act, the commission may provide a written notice of that fact to the

4-28 attorney general or the district attorney of the county in which the person

4-29 resides.

4-30 2. A person who fails to pay the fee required by section 11 of this act

4-31 shall:

4-32 (a) For the first violation, pay a civil penalty of not more than $250.

4-33 (b) For the second violation, pay a civil penalty of not more than

4-34 $500.

4-35 (c) For the third or subsequent violation, pay a civil penalty of not

4-36 more than $750.

4-37 Sec. 13.5. 1. On or before June 1 of each year, the commission

4-38 shall submit to the director of the department of administration a

4-39 financial statement setting forth:

4-40 (a) The assets and obligations of the commission; and

4-41 (b) The amount of the fees, if any:

4-42 (1) Collected by the commission pursuant to the provisions of

4-43 section 11 of this act for the immediately preceding calendar year; and

5-1 (2) Refunded by the commission pursuant to that section for that

5-2 year.

5-3 2. On or before July 1 of each year, the governor shall proclaim the

5-4 percentage of the fees collected pursuant to subsection 1 of section 11 of

5-5 this act for the immediately preceding calendar year that were refunded

5-6 by the commission pursuant to the provisions of subsection 2 of section

5-7 11 of this act. The director of the department of administration shall

5-8 transmit a copy of the proclamation to the director of the legislative

5-9 counsel bureau.

5-10 Sec. 14. The division of agriculture of the department of business

5-11 and industry shall, within the resources available to it, provide

5-12 administrative services to the commission to assist the commission in

5-13 carrying out the provisions of sections 2 to 14, inclusive, of this act.

5-14 Sec. 15. 1. Not later than September 1, 1999, each state grazing

5-15 board shall submit to the governor a written list of two persons for

5-16 appointment to the rangeland resources commission created by section 6 of

5-17 this act. Each person included in the list must be a member of the state

5-18 grazing board that submits the list.

5-19 2. As soon as practicable after October 1, 1999, the appointed

5-20 members of the rangeland resources commission must be appointed by the

5-21 governor from the lists submitted pursuant to subsection 1 to initial terms

5-22 as follows:

5-23 (a) Two members to terms that expire on October 1, 2000;

5-24 (b) Two members to terms that expire on October 1, 2001; and

5-25 (c) Three members to terms that expire on October 1, 2002.

5-26 The governor shall not appoint more than one person from each list

5-27 submitted pursuant to subsection 1.

5-28 Sec. 16. The provisions of this act:

5-29 1. Become effective on July 1, 1999, for the purpose of appointing the

5-30 members of the rangeland resources commission created by section 6 of

5-31 this act, and on October 1, 1999, for all other purposes.

5-32 2. Expire by limitation on December 31 of the first year during which

5-33 the governor proclaims that the amount of the fees refunded by the

5-34 rangeland resources commission pursuant to the provisions of section 11 of

5-35 this act for the immediately preceding calendar year is more than 50

5-36 percent of the fees collected by the commission pursuant to that section for

5-37 that calendar year. The commission may continue to operate after

5-38 December 31 of the year the proclamation is issued to dispose of any

5-39 property owned by the commission and to take any other action necessary

5-40 to dissolve the commission, but in no case may the commission charge or

5-41 collect any fees pursuant to the provisions of sections 2 to 14, inclusive, of

5-42 this act after the provisions of this act expire by limitation, other than to

5-43 collect any fees owed for a previous year. If the provisions of this act

6-1 expire by limitation pursuant to this subsection, the commission shall, as

6-2 soon as practicable after taking all actions necessary to dissolve the

6-3 commission, refund any money remaining in the account created by section

6-4 12 of this act to each person who paid the fee required by section 11 of this

6-5 act for the calendar year immediately preceding the year in which the

6-6 provisions expire by limitation and who did not receive a refund of that fee

6-7 pursuant to that section. Each of those persons must be paid a pro rata share

6-8 of the remaining amount based on the ratio of the number of animal unit

6-9 months for which he paid the fee to the total fees paid for animal unit

6-10 months and not refunded.