requires two-thirds majority vote (§§ 5, 6)                                              

                                                                                                  

 

Assembly Bill No. 199–Committee on Natural Resources, Agriculture, and Mining

 

(On Behalf of Department of Conservation and
Natural Resources—Wildlife Division)

 

February 20, 2001

____________

 

Referred to Committee on Natural Resources, Agriculture, and Mining

 

SUMMARY—Revises provisions governing certain accounts, licenses and stamps administered by division of wildlife of state department of conservation and natural resources. (BDR 45‑529)

 

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.

 

AN ACT relating to wildlife; increasing the amount of certain accounts maintained by the division of wildlife of the state department of conservation and natural resources; authorizing the board of wildlife commissioners to adopt regulations governing the issuance of duplicates of certain licenses; authorizing the board of wildlife commissioners to establish the fee for a state trout stamp and creating a separate account for deposit of the proceeds of the fee; 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 501.354 is hereby amended to read as follows:

1-2    501.354  [The] Except as otherwise provided by specific statute, the

1-3  division shall receive, deposit and expend all money provided by law for

1-4  the administration of this title and of chapter 488 of NRS, pursuant to the

1-5  authority contained in NRS 501.356 and in accordance with the

1-6  commission’s policy.

1-7    Sec. 2.  NRS 501.356 is hereby amended to read as follows:

1-8    501.356  1.  Money received by the division from:

1-9    (a) The sale of licenses;

1-10    (b) Fees pursuant to the provisions of NRS 488.075 and 488.1795;

1-11    (c) Remittances from the state treasurer pursuant to the provisions of

1-12  NRS 365.535;

1-13    (d) Appropriations made by the legislature; and

2-1    (e) All other sources, except money derived from the forfeiture of any

2-2  property described in NRS 501.3857 or money deposited in the wildlife

2-3  heritage trust account pursuant to NRS 501.3575[,] or in the trout

2-4  management account pursuant to NRS 502.327,

2-5  must be deposited with the state treasurer for credit to the wildlife account

2-6  in the state general fund.

2-7    2.  The interest and income earned on the money in the wildlife

2-8  account, after deducting any applicable charges, must be credited to the

2-9  account.

2-10    3.  Except as otherwise provided in subsection 4, the division may use

2-11  money in the wildlife account only to carry out the provisions of this Title

2-12  and chapter 488 of NRS and as provided in NRS 365.535, and the money

2-13  must not be diverted to any other use.

2-14    4.  Except as otherwise provided in NRS 502.250, 502.310 and

2-15  504.155, all fees for the sale or issuance of stamps, tags, permits and

2-16  licenses that are required to be deposited in the wildlife account pursuant to

2-17  the provisions of this Title must be accounted for separately and may be

2-18  used only for the management of wildlife.

2-19    Sec. 3.  NRS 501.361 is hereby amended to read as follows:

2-20    501.361  A petty cash account in the amount of [$300] $1,000 for the

2-21  payment of minor expenses of the division is hereby created. The account

2-22  must be kept in the custody of an employee designated by the administrator

2-23  and must be replenished periodically from the wildlife account in the state

2-24  general fund upon approval of expenditures as required by law and

2-25  submission of vouchers or other documents to indicate payment as may be

2-26  prescribed.

2-27    Sec. 4.  NRS 501.363 is hereby amended to read as follows:

2-28    501.363  A change account in the amount of [$500] $3,000 is hereby

2-29  created. The account must be kept in the custody of one or more employees

2-30  designated by the administrator and used for the making of change

2-31  incidental to the business of the division.

2-32    Sec. 5.  NRS 502.110 is hereby amended to read as follows:

2-33    502.110  1.  Except as otherwise provided in subsection 2, [not] no

2-34  more than one license of each class may be issued to any one person during

2-35  each licensing period.

2-36    2.  [If an unexpired license is lost or stolen, the person to whom the

2-37  license was issued may receive another license of the same class by making

2-38  application and certifying under oath that the license was lost or stolen and

2-39  by paying:

2-40    (a) If the application is made to an authorized agent, the annual fee for

2-41  the license; or

2-42    (b) If the application is made to the division, a fee of $5.] The

2-43  commission shall adopt regulations providing for the issuance of a

2-44  duplicate license to replace an unexpired license that has been lost,

2-45  stolen or destroyed. The regulations must specify a fee, which must not

2-46  exceed $10, for the issuance of a duplicate license. A duplicate license

2-47  has the same effect, and is subject to the same conditions and

2-48  restrictions, as the license it replaces.

 

3-1    Sec. 6.  NRS 502.326 is hereby amended to read as follows:

3-2    502.326  1.  Except as otherwise provided in subsection 2, it is

3-3  unlawful for any person to take or possess trout unless at the time he is

3-4  fishing he carries on his person a state trout stamp affixed to his fishing

3-5  license and validated by his signature in ink across the face of the stamp.

3-6    2.  The provisions of subsection 1 do not apply to a person who:

3-7    (a) Is under the age of 12; or

3-8    (b) Is fishing:

3-9       (1) Under the authority of a valid 1-day permit to fish or during a

3-10  consecutive day validly added to that permit; or

3-11      (2) In accordance with regulations adopted by the commission

3-12  pursuant to subparagraph (2) of paragraph (e) of subsection 1 of NRS

3-13  502.010.

3-14    3.  State trout stamps must be sold [for a fee of $5 each] by the division

3-15  and by persons authorized by the division to sell hunting, fishing and

3-16  trapping licenses[.] , for a fee established by the commission.

3-17    4.  The division shall determine the form of the stamps.

3-18    Sec. 7.  NRS 502.327 is hereby amended to read as follows:

3-19    502.327  1.  All money from the sale of state trout stamps must be

3-20  deposited with the state treasurer for credit to the [wildlife] trout

3-21  management account , which is hereby established in the state general

3-22  fund.

3-23    2.  The interest and income earned on the money in the trout

3-24  management account, after deducting any applicable charges, must be

3-25  credited to the account.

3-26    3.  The division shall [maintain] :

3-27    (a) Maintain separate accounting records for the receipt and

3-28  expenditure of money from the sale of state trout stamps.

3-29    (b) Administer the trout management account. The division may use

3-30  money in the account only for the protection, propagation and

3-31  management of trout in this state and for any bonded indebtedness

3-32  incurred therefor.

3-33    Sec. 8.  NRS 502.328 is hereby repealed.

3-34    Sec. 9.  1.  As soon as practicable after the effective date of this

3-35  section, the board of wildlife commissioners shall adopt a regulation

3-36  establishing a fee for the sale of a state trout stamp pursuant to NRS

3-37  502.326.

3-38    2.  Notwithstanding the amendatory provisions of section 6 of this act,

3-39  state trout stamps must be sold pursuant to NRS 502.326 for a fee of
$5 each until the effective date of a regulation adopted to carry out

3-40  subsection 1.

3-41    Sec. 10.  1.  This section and sections 1 to 4, inclusive, and 6 to 9,

3-42  inclusive, of this act become effective upon passage and approval.

3-43    2.  Section 5 of this act becomes effective upon passage and approval

3-44  for the purpose of adopting regulations and on October 1, 2001, for all

3-45  other purposes.

 

4-1  TEXT OF REPEALED SECTION

 

4-2    502.328  Trout stamps: Use of money from sale. All money from

4-3   the sale of state trout stamps must be used for the protection, propagation

4-4   and management of trout in this state and for any bonded indebtedness

4-5   incurred therefor.

 

4-6  H