Assembly Bill No. 115–Committee on Ways and Means

(On Behalf of Department of Agriculture)

February 12, 2001

____________

Referred to Committee on Ways and Means

SUMMARY—Revises provisions relating to certain accounts of state department of agriculture. (BDR 50‑620)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State: No.

~

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 the state department of agriculture; abolishing the apiary inspection account; creating the plant industry account; 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. NRS 561.355 is hereby amended to read as follows:

1-2 561.355 1. The plant industry [program] account is hereby

1-3 [established.] created in the state general fund. The department shall

1-4 administer the account.

1-5 2. The following fees and money [shall be used] must be deposited in

1-6 the state general fund for credit to the plant industry [program:] account:

1-7 (a) Fees and money collected pursuant to the provisions of chapters 552,

1-8 555, 581, 582 and 587 of NRS.

1-9 (b) Laboratory fees collected for the diagnosis of infectious,

1-10 contagious and parasitic diseases of bees, as authorized by NRS 561.305,

1-11 and as are necessary pursuant to the provisions of chapter 552 of NRS.

1-12 (c) Laboratory fees collected for the diagnosis of infectious, contagious

1-13 and destructive diseases of agricultural commodities, and infestations

1-14 thereof by pests, as authorized by NRS 561.305, and as may be necessary

1-15 under the provisions of NRS 554.010 to 554.240, inclusive.

1-16 [(c)] (d) Laboratory fees collected for the survey and identification of

1-17 insect pests, plant diseases and noxious weeds, as authorized by NRS

1-18 561.305, and as may be necessary under the provisions of NRS 555.010 to

1-19 555.249, inclusive.

2-1 [(d)] (e) Laboratory fees collected for the testing of the purity and

2-2 germinating power of agricultural seeds, as authorized by NRS 561.305,

2-3 and as may be necessary under the provisions of NRS 587.015 to 587.123,

2-4 inclusive.

2-5 3. Expenditures [for] from the plant industry [program shall be made

2-6 only for the purposes of carrying] account must be made only to carry out

2-7 the provisions of chapters 552, 554, 555, 581, 582 and 587 of NRS, and the

2-8 provisions of this chapter.

2-9 4. Claims against the plant industry account must be paid as other

2-10 claims against the state are paid.

2-11 Sec. 2. NRS 552.300 is hereby amended to read as follows:

2-12 552.300 1. Upon presentation of satisfactory evidence by the state

2-13 quarantine officer, the chief inspector or any deputy inspector of the

2-14 violation of any of the provisions of this chapter, any district attorney shall,

2-15 without delay, prosecute the person who has violated any of the provisions

2-16 of this chapter.

2-17 2. The department may employ counsel to assist in the prosecution of

2-18 any person charged with the violation of any of the provisions of this

2-19 chapter and compensate the counsel so employed from the [apiary

2-20 inspection account.] plant industry account created pursuant to NRS

2-21 561.355.

2-22 Sec. 3. NRS 561.365 is hereby repealed.

2-23 Sec. 4. On or after July 1, 2001, or as soon thereafter as practicable,

2-24 the state controller shall transfer any remaining balance in the apiary

2-25 inspection account to the plant industry account created pursuant to NRS

2-26 561.355.

2-27 Sec. 5. This act becomes effective on July 1, 2001.

2-28 TEXT OF REPEALED SECTION

2-29 561.365 Apiary inspection account.

2-30 1. The apiary inspection account is hereby created in the state general

2-31 fund for the use of the department.

2-32 2. The following fees must be deposited in the apiary inspection

2-33 account:

2-34 (a) Fees collected pursuant to the provisions of NRS 552.085 to

2-35 552.310, inclusive.

2-36 (b) Laboratory fees collected for the diagnosis of infectious, contagious

2-37 and parasitic diseases of bees, as authorized by NRS 561.305, and as are

2-38 necessary pursuant to the provisions of NRS 552.085 to 552.310,

2-39 inclusive.

2-40 3. Expenditures from the apiary inspection account must be made only

2-41 to carry out the provisions of this chapter and chapter 552 of NRS.

2-42 H