Assembly Bill No. 130–Committee on Natural Resources, Agriculture, and Mining

 

(On Behalf of the Department of Agriculture)

 

February 14, 2003

____________

 

Referred to Committee on Natural Resources,
Agriculture, and Mining

 

SUMMARY—Makes various changes relating to State Department of Agriculture. (BDR 50‑569)

 

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 the State Department of Agriculture; authorizing the Director of the State Department of Agriculture and the Department to impose certain fees; requiring that certain fees collected by the Director be credited to the Agriculture Registration and Enforcement Account; requiring that certain fines collected by the Director be credited to the county school district fund of a county in which the board of trustees of the county school district enters into an agreement with the Director to use the fines for certain purposes; requiring that certain fines collected by the State Board of Agriculture be credited to the State General Fund; 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 561.153 is hereby amended to read as follows:

1-2  561.153  The Director may by regulation [adopt] :

1-3  1.  Prescribe, in addition to any other fees prescribed by the

1-4  Director pursuant to titles 49, 50 and 51 of NRS, a fee to cover the

1-5  costs incurred by the Department for any service, product or

2-1  publication provided by the Department pursuant to titles 49, 50

2-2  and 51 of NRS or the regulations adopted pursuant thereto; and

2-3  2.  Adopt such procedures as he may deem appropriate for the

2-4  billing or collection of such fees . [for any service or any

2-5  publication or other product provided by the Department under

2-6  Titles 49, 50 and 51 of NRS for which fees are collectible.]

2-7  Sec. 2.  NRS 561.355 is hereby amended to read as follows:

2-8  561.355  1.  The Plant Industry Program is hereby established.

2-9  2.  [The] Except as otherwise provided in NRS 561.385, the

2-10  following fees and money must be used in the Plant Industry

2-11  Program:

2-12      (a) Fees and money collected pursuant to the provisions of

2-13  chapters 552, 555, 581, 582 and 587 of NRS.

2-14      (b) Laboratory fees collected for the diagnosis of infectious,

2-15  contagious and parasitic diseases of bees, as authorized by NRS

2-16  561.305, and as are necessary pursuant to the provisions of chapter

2-17  552 of NRS.

2-18      (c) Laboratory fees collected for the diagnosis of infectious,

2-19  contagious and destructive diseases of agricultural commodities, and

2-20  infestations thereof by pests, as authorized by NRS 561.305, and as

2-21  may be necessary pursuant to the provisions of NRS 554.010 to

2-22  554.240, inclusive.

2-23      (d) Laboratory fees collected for the survey and identification of

2-24  insect pests, plant diseases and noxious weeds, as authorized by

2-25  NRS 561.305, and as may be necessary pursuant to the provisions of

2-26  NRS 555.005 to 555.249, inclusive.

2-27      (e) Laboratory fees collected for the testing of the purity and

2-28  germinating power of agricultural seeds, as authorized by NRS

2-29  561.305, and as may be necessary pursuant to the provisions of NRS

2-30  587.015 to 587.123, inclusive.

2-31      3.  Expenditures for the plant industry program must be made

2-32  only for the purposes of carrying out the provisions of this chapter

2-33  and chapters 552, 554, 555, 581, 582 and 587 of NRS.

2-34      Sec. 3.  NRS 561.385 is hereby amended to read as follows:

2-35      561.385  1.  The Agriculture Registration and Enforcement

2-36  Account is hereby created in the State General Fund for the use of

2-37  the Department.

2-38      2.  The following fees must be deposited in the Agriculture

2-39  Registration and Enforcement Account:

2-40      (a) Fees collected pursuant to the provisions of NRS 555.310

2-41  and 555.320.

2-42      (b) Fees collected pursuant to the provisions of NRS 586.010 to

2-43  586.450, inclusive.

2-44      [(b)] (c) Fees collected pursuant to the provisions of NRS

2-45  588.010 to 588.350, inclusive.

3-1  [(c)] (d) Fees collected pursuant to the provisions of NRS

3-2  590.340 to 590.450, inclusive.

3-3  [(d)] (e) Laboratory fees collected for the testing of pesticides as

3-4  authorized by NRS 561.305, and as are necessary pursuant to the

3-5  provisions of NRS 555.2605 to 555.460, inclusive, and 586.010 to

3-6  586.450, inclusive.

3-7  [(e)] (f) Laboratory fees collected for the analysis and testing of

3-8  commercial fertilizers and agricultural minerals, as authorized by

3-9  NRS 561.305, and as are necessary pursuant to the provisions of

3-10  NRS 588.010 to 588.350, inclusive.

3-11      [(f)] (g) Laboratory fees collected for the analysis and testing of

3-12  petroleum products, as authorized by NRS 561.305, and as are

3-13  necessary pursuant to the provisions of NRS 590.010 to 590.150,

3-14  inclusive.

3-15      [(g)] (h) Laboratory fees collected for the analysis and testing of

3-16  antifreeze, as authorized by NRS 561.305, and as are necessary

3-17  pursuant to the provisions of NRS 590.340 to 590.450, inclusive.

3-18      3.  Expenditures from the Agriculture Registration and

3-19  Enforcement Account may be made only to carry out the provisions

3-20  of this chapter, chapters 586, 588 and 590 of NRS and NRS

3-21  555.2605 to 555.460, inclusive.

3-22      Sec. 4.  NRS 564.080 is hereby amended to read as follows:

3-23      564.080  Except as otherwise provided in NRS 564.010 to

3-24  564.150, inclusive, the Department may establish and collect

3-25  reasonable fees for:

3-26      1.  The recording of brands or brands and marks;

3-27      2.  The rerecording of brands or brands and marks;

3-28      3.  The recording of instruments transferring ownership of

3-29  brands or brands and marks; [or]

3-30      4.  Certificates of recordation or rerecordation of brands or

3-31  brands and marks[.] ; or

3-32      5.  The processing and continuing administration of a security

3-33  agreement, provisional assignment or legal lien relating to a brand

3-34  or brand and mark or marks of record for purposes of

3-35  NRS 564.110.

3-36      Sec. 5.  NRS 555.470 is hereby amended to read as follows:

3-37      555.470  1.  The Director shall adopt regulations specifying a

3-38  schedule of fines which may be imposed, upon notice and a hearing,

3-39  for each violation of the provisions of NRS 555.2605 to 555.460,

3-40  inclusive. The maximum fine that may be imposed by the Director

3-41  for each violation must not exceed $5,000 per day. [All fines]

3-42  Except as otherwise provided by subsection 3, a fine collected by

3-43  the Director pursuant to this subsection must be [remitted to the

3-44  county treasurer of the county in which the violation occurred]

4-1  deposited with the State Treasurer for credit to the [county school

4-2  district] State General Fund.

4-3  2.  The Director may:

4-4  (a) In addition to imposing a fine pursuant to subsection 1, issue

4-5  an order requiring a violator to take appropriate action to correct the

4-6  violation; or

4-7  (b) Request the district attorney of the appropriate county to

4-8  investigate or file a criminal complaint against any person that the

4-9  State Board of Agriculture suspects may have violated any provision

4-10  of NRS 555.2605 to 555.460, inclusive.

4-11      3.  The board of trustees of each county school district may

4-12  enter into an agreement with the Director to use the fines collected

4-13  pursuant to subsection 1 for a violation that occurred in that

4-14  county for the development and administration of pest-

4-15  management programs for the public schools controlled by the

4-16  county school district of that county. Any fines collected pursuant

4-17  to subsection 1 for a violation that occurred in a county in which

4-18  the board of trustees of the county school district has entered into

4-19  such an agreement, must be deposited with the county treasurer of

4-20  the county in which the violation occurred for credit to the county

4-21  school district fund.

4-22      Sec. 6.  NRS 590.071 is hereby amended to read as follows:

4-23      590.071  1.  The State Board of Agriculture shall:

4-24      (a) Enforce the standards relating to petroleum products adopted

4-25  pursuant to NRS 590.070.

4-26      (b) Adopt regulations specifying a schedule of fines that it may

4-27  impose, upon notice and hearing, for each violation of the

4-28  provisions of NRS 590.070. The maximum fine that may be

4-29  imposed by the Board for each violation must not exceed $5,000 per

4-30  day. All fines collected by the Board pursuant to the regulations

4-31  adopted pursuant to this subsection must be [remitted to the county

4-32  treasurer of the county in which the violation occurred] deposited

4-33  with the State Treasurer for credit to the [county school district]

4-34  State General Fund.

4-35      2.  The State Board of Agriculture may:

4-36      (a) In addition to imposing a fine pursuant to subsection 1, issue

4-37  an order requiring a violator to take appropriate action to correct the

4-38  violation.

4-39      (b) Request the district attorney of the appropriate county to

4-40  investigate or file a criminal complaint against any person that the

4-41  board suspects may have violated any provision of NRS 590.070.

4-42      Sec. 7.  This act becomes effective on July 1, 2003.

 

4-43  H