[Rev. 3/19/2013 1:15:59 PM]

Link to Page 1600

 

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ê1993 Statutes of Nevada, Page 1601 (Chapter 466, AB 782)ê

 

      4.  The [department] office shall fix the location of the units and headquarters of the Nevada National Guard, and shall, subject to the approval of the National Guard Bureau, transfer, attach, consolidate or inactivate any organization or unit when in its judgment the efficiency of the present organization will be increased thereby.

      5.  The [department] office may establish and continue awards and decorations and approve the design therefor, which must conform to the requirements of the laws of the United States and the directives of the National Guard Bureau.

      Sec. 380.  NRS 412.066 is hereby amended to read as follows:

      412.066  The enumeration of duties and functions in NRS 412.064 to 412.108, inclusive, shall not be deemed exclusive nor construed as a limitation on the powers and authorities vested in the [department] office by other provisions of law.

      Sec. 381.  NRS 412.068 is hereby amended to read as follows:

      412.068  1.  The [department shall be] office is under the supervision and control of the adjutant general, who shall also serve as director of the [department.] office.

      2.  The adjutant general [shall be] is responsible for the performance of the duties imposed upon the [department,] office, and for such other duties as may be prescribed by this chapter or by the governor.

      Sec. 382.  NRS 412.072 is hereby amended to read as follows:

      412.072  The adjutant general shall organize and reorganize the [department] office as necessary to the accomplishment of its functions and duties. Such organization or reorganization [shall] must be approved by the governor [prior to implementation.] before it is carried out.

      Sec. 383.  NRS 412.076 is hereby amended to read as follows:

      412.076  1.  Members of the militia of the state who are ordered to state active duty under the provisions of this chapter shall be [considered as being] deemed to be temporary employees of the state.

      2.  Regular employees of the [department] office may be ordered to state active duty under this chapter without jeopardizing their status as regular employees. Employees so ordered must be in an authorized leave status from their regular military [department] office employment during the period served on active duty.

      Sec. 384.  NRS 412.082 is hereby amended to read as follows:

      412.082  Unless otherwise specially provided in this chapter, the state controller shall draw warrants on the state treasury for all authenticated bills of the [department] office as approved by the adjutant general or the person designated by him, in favor of the persons to whom the state is indebted for military purposes.

      Sec. 385.  NRS 412.088 is hereby amended to read as follows:

      412.088  1.  The [department] office shall adopt and provide suitable medals, prizes or other awards for the promotion of rifle practice by duly organized rifle clubs of the Nevada State Rifle Association and organizations and [individuals] members of the Nevada National Guard.

      2.  The adjutant general shall encourage and promote rifle and pistol practice by Nevada clubs affiliated with the National Rifle Association of America, and select and appoint representatives from [such] those clubs to attend the annual national rifle and pistol matches.


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ê1993 Statutes of Nevada, Page 1602 (Chapter 466, AB 782)ê

 

attend the annual national rifle and pistol matches. Not more than $1,000 of the amount appropriated for the support of the adjutant general’s office may be used annually in the purchase of ammunition to be used by such rifle clubs, which ammunition must be sold at cost plus transportation charges.

      Sec. 386.  NRS 412.094 is hereby amended to read as follows:

      412.094  1.  The [department shall have] office has control of armories and shall prescribe the regulations governing [the same.] armories. All state and United States property must, [as far as] if possible, be kept in [them,] armories and the commanders of troops using the armories [will be held] are responsible for the safekeeping and proper care of such property and its protection against damage, misappropriation or loss. Armories, while occupied by troops, shall be [considered] deemed to be military posts under the exclusive jurisdiction of the officer commanding the post.

      2.  Any property licensed or leased to the state by the Federal Government for military use [shall be] is under the control of the [department.] office.

      Sec. 387.  NRS 412.096 is hereby amended to read as follows:

      412.096  The adjutant general may, within the limits of [funds] money appropriated or authorized to be expended, for the support of the [department,] office, purchase insurance against loss or mysterious disappearance of equipment or supplies.

      Sec. 388.  NRS 412.102 is hereby amended to read as follows:

      412.102  1.  The [department] office shall provide and maintain armories suitable for conducting drills and the safekeeping of federal military property, with light, water and heat, for the units of the Nevada National Guard organized in the several counties of the state.

      2.  The expenses of procuring and maintaining the armories, and the monthly allowance to cover incidental expenses which may be incurred by each unit, must be paid from the appropriation for the support of the Nevada National Guard.

      Sec. 389.  NRS 412.104 is hereby amended to read as follows:

      412.104  The [department] office may reconvey to any municipal corporation or other political subdivision of this state any lands that have been or may be conveyed by such subdivision to the State of Nevada for the use of the Nevada National Guard when the [department] office determines that such lands are no longer necessary for the use of the Nevada National Guard.

      Sec. 390.  NRS 412.106 is hereby amended to read as follows:

      412.106  An armory may be used by a member or unit of the Nevada National Guard, veterans’ organization, any federal, state or local governmental entity or any other person, if the use:

      1.  Does not interfere with the use of the facility by the Nevada National Guard;

      2.  Does not result in the risk of:

      (a) A breach of the peace;

      (b) Harm to persons; or

      (c) Harm to state or federal property; and

      3.  Is in accordance with [department] office regulations issued pursuant to this chapter.


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ê1993 Statutes of Nevada, Page 1603 (Chapter 466, AB 782)ê

 

      Sec. 391.  NRS 412.108 is hereby amended to read as follows:

      412.108  1.  The person or governmental entity applying for the rental of an armory or space within an armory must execute and deliver a written agreement which must include among its provisions his or its full name and address, the purpose for which its use is desired, the nature and manner of the intended use of the space, a reasonable rental to be paid for that use and the amounts to be paid for heating, lighting, janitorial and other services connected with its use. The terms and provisions of the agreement must be governed by [department] office regulations issued pursuant to this chapter, which regulations must include provisions designed to prevent unfair competition with privately owned property and business.

      2.  No agreement for use made pursuant to this section is effective until the agreement or lease has been approved and executed by the officer in charge of the armory or his authorized representative, and has been approved by his military superiors as prescribed by [department] office regulations issued pursuant to this chapter.

      3.  No agreement or lease made pursuant to this section may be assigned in whole or in part nor may space be sublet to or used by a person or entity not a party to the agreement, unless each assignment, subletting or use is first approved in writing by the officer in charge of the armory or his authorized representative.

      4.  All money paid or given, directly or indirectly, for the rental of an armory or to obtain an agreement or permission to use the armory are use fees within the meaning of this section and must be paid to the officer in charge of the armory or his authorized representative. Any person other than the officer in charge of the armory or his authorized representative who receives that money shall immediately pay over the money to the officer in charge of the armory or his authorized representative, who shall immediately forward one-half of the money to the office of the adjutant general to be placed in an account in the state general fund entitled the adjutant general’s special armory account, to be used by the [department] office for necessary repairs and improvements of state armories and construction of new facilities in the manner prescribed by [department] office regulations. The remainder of the money must be placed in an armory account to be kept by the officer in charge of the armory or his authorized representative, and used for military activities and affairs and to further relations with the community in which the armory is located. These expenditures must be made according to [department] office regulations and must be approved by a board of three persons appointed by the adjutant general.

      5.  When the use of an armory is by a federal, state, county or municipal bureau, agency or department or by any of the Armed Forces of the United States or any of the reserve components thereof, or by any unit of the reserve officers training corps, the adjutant general may require the execution of a contract or agreement for that use, upon such terms and conditions as he prescribes.


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ê1993 Statutes of Nevada, Page 1604 (Chapter 466, AB 782)ê

 

      Sec. 392.  NRS 412.116 is hereby amended to read as follows:

      412.116  1.  The forces of the Nevada National Guard [shall] must be organized, armed, disciplined, governed, administered and trained as prescribed by applicable federal laws and regulations and [department] office regulations.

      2.  It hereby is declared to be the policy of the state that there [shall] must be an equality of treatment and opportunity for all persons in the Nevada National Guard without regard to race, creed, color, sex or national origin.

      Sec. 393.  NRS 412.118 is hereby amended to read as follows:

      412.118  Members and units of the Nevada National Guard shall assemble for training and shall participate in field training periods and active duty for training periods, maneuvers, schools, conferences or other similar duties at such times and places as are prescribed therefor by applicable federal laws and regulations and [department] office regulations. In addition to these periods, the commander of any organization may require the officers, warrant officers and enlisted personnel of his command to meet for ceremonies, parades or training at such times and places as he may appoint.

      Sec. 394.  NRS 412.122 is hereby amended to read as follows:

      412.122  1.  The governor may in case of invasion, disaster, insurrection, riot, breach of the peace, or imminent danger thereof, or other substantial threat to life or property, order into active service of the state for such a period, to such an extent and in such a manner as he deems necessary all or any part of the Nevada National Guard. The authority of the governor includes the power to order the Nevada National Guard or any part thereof to function under the operational control of the United States Army, Navy or Air Force commander in charge of the defense of any area within the state which is invaded or attacked or is or may be threatened with invasion or attack.

      2.  In case of the absence of the governor from the state, or if it is impossible to communicate immediately with him, the civil officer making a requisition for troops may, if he deems the necessity imminent and not admitting of delay, serve a copy of the requisition, together with a statement of the governor’s absence or the impossibility of immediately communicating with him, upon the following officers in this order:

      (a) Lieutenant governor;

      (b) Adjutant general; and

      (c) Other officers designated in a chain of command prescribed by [department] office regulations.

If the call is afterward disapproved by the governor, the troops called into service must be disbanded immediately.

      3.  The governor may order into active service of the state for such a period, to such an extent and in such a manner as he deems necessary units or individual members of the Nevada National Guard when in his judgment the services of the units or members are required for:

      (a) The furtherance of the organization, maintenance, discipline or training of the Nevada National Guard;

      (b) The welfare of the public; or

      (c) Ceremonial functions of the state government.


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ê1993 Statutes of Nevada, Page 1605 (Chapter 466, AB 782)ê

 

      4.  Whenever any portion of the Nevada National Guard is employed pursuant to subsection 1, the governor, if in his judgment the maintenance of law and order will thereby be promoted, may by proclamation declare the county or city in which the troops are serving, or any specified portion thereof, to be under martial law.

      Sec. 395.  NRS 412.128 is hereby amended to read as follows:

      412.128  1.  Whenever the governor deems it necessary in time of peace, he may call all or any part of the Nevada National Guard Reserve or volunteer organizations licensed by the governor into active service to be organized pursuant to [department] office regulations to augment the Nevada National Guard as an internal security force.

      2.  In time of war, the governor may call all or any part of the Nevada National Guard Reserve or volunteer organizations licensed by the governor into active service to be organized pursuant to [department] office regulations to replace the Nevada National Guard as a state force when the Nevada National Guard is ordered into federal service.

      3.  Whenever laws of the United States authorize the organization of such state forces under federal recognition, the governor or adjutant general may promulgate such [department] office regulations as are necessary to comply with such federal laws and obtain federal recognition for the force authorized by this section.

      Sec. 396.  NRS 412.134 is hereby amended to read as follows:

      412.134  1.  Reservists and volunteers called out for duty [shall] must be mustered at once into the service of the state for such period as the governor directs, not exceeding the limits provided by NRS 412.188.

      2.  Except as otherwise expressly provided by [department] office regulations, all the military forces [shall] must be organized as prescribed for organization of the Nevada National Guard at the time, and [shall] must be officered, equipped, trained and commanded according to the laws and regulations governing the Nevada National Guard, as nearly as practicable, and all laws relating to the Nevada National Guard or to the duties, rights, privileges or immunities of the members thereof shall apply to and govern the other military forces and the members thereof, so far as applicable , [;] but the age limits for initial appointment of officers in the federally recognized National Guard [shall] do not apply to officers of the other military forces.

      3.  The pay and allowances of the officers and enlisted personnel of all branches of the military forces on active duty in the service of the state [shall] must be the same as provided for the Nevada National Guard when on such duty.

      4.  The governor may receive from the Federal Government any arms, equipment, munitions, supplies and other grants for the use of the military forces of the state that may be available.

      5.  The military forces [shall] must be uniformed in such manner as the governor may prescribe, subject to federal laws or regulations and [department] office regulations.

      Sec. 397.  NRS 412.1393 is hereby amended to read as follows:

      412.1393  1.  Any member of the Nevada National Guard who believes his employment was terminated in violation of NRS 412.139 may, within 60 days after receiving a notice of termination, request a hearing before the labor commissioner to determine if his employment was so terminated.


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ê1993 Statutes of Nevada, Page 1606 (Chapter 466, AB 782)ê

 

days after receiving a notice of termination, request a hearing before the labor commissioner to determine if his employment was so terminated.

      2.  The [department] office shall supply the member with all forms needed to request such a hearing. The labor commissioner shall conduct the hearing in the manner provided in NRS 607.205 to 607.220, inclusive.

      Sec. 398.  NRS 412.142 is hereby amended to read as follows:

      412.142  1.  In all cases in which any member of the militia of the state is wounded, injured, disabled or killed while in the line of duty in the service of the state, the member or the dependents of the member are entitled to receive compensation from the State of Nevada, in accordance with the provisions of chapter 616 of NRS. There must be paid to the state industrial insurance system quarterly, from the appropriation for the support of the [department,] office, such a sum for a premium as may be fixed and agreed upon by the commander in chief and the manager of the system, based upon the number of members in regular attendance during the month as shown by the reports filed with the adjutant general, who shall certify the numbers to the manager.

      2.  In all cases, the disabled or deceased member shall be deemed to be an employee of the State of Nevada. The compensation to be awarded to the member or to the dependents of the member must be determined upon the basis of his average income from all sources during the year immediately preceding the date of his injury or death or the commencement of his disability, but the compensation must not exceed the maximum prescribed in chapter 616 of NRS.

      Sec. 399.  NRS 412.158 is hereby amended to read as follows:

      412.158  The provisions of this chapter relating to commissioned officers apply to warrant officers, except that warrant officers who have been absent without leave may be discharged as prescribed by applicable federal laws and regulations and [department] office regulations.

      Sec. 400.  NRS 412.162 is hereby amended to read as follows:

      412.162  The Nevada military academy is hereby created, to consist of supervisory personnel as authorized by the National Guard Bureau and such number of cadets as meets the qualifications and requirements of the State of Nevada as set forth in [department] office regulations.

      Sec. 401.  NRS 412.164 is hereby amended to read as follows:

      412.164  1.  No person may be appointed or promoted as a commissioned officer of the Nevada National Guard unless he has passed such examination as to his physical, moral and professional qualifications as may be prescribed by applicable federal laws and regulations and [department] office regulations.

      2.  No person may be recognized as a commissioned officer of the Nevada National Guard and no appointment as such may become effective until he has taken and subscribed to the oath of office prescribed in NRS 412.166. The oath may be administered and certified by any commissioned officer of the Nevada National Guard, or other person authorized to administer oaths under the laws of the State of Nevada, and no charge may be made for that act.

      Sec. 402.  NRS 412.168 is hereby amended to read as follows:

      412.168  1.  Commissioned officers may be assigned, reassigned, transferred or detailed to and from units within the Nevada National Guard as prescribed by applicable federal laws and regulations and [department] office regulations.


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ê1993 Statutes of Nevada, Page 1607 (Chapter 466, AB 782)ê

 

prescribed by applicable federal laws and regulations and [department] office regulations.

      2.  An officer must reside within reasonable commuting distance of the station to which his unit is assigned. The adjutant general shall determine what constitutes a reasonable distance in all cases of doubt.

      Sec. 403.  NRS 412.172 is hereby amended to read as follows:

      412.172  1.  A commissioned officer of the Nevada National Guard may tender his resignation at any time. [Such resignation will] A resignation must be tendered in writing through proper military channels in accordance with applicable federal laws and regulations and [department regulations. Such resignations shall take] office regulations. A resignation takes effect when properly accepted and announced in orders.

      2.  A commissioned officer desiring to accept an appointment or to enlist in the active Army, Navy, Air Force, Marine Corps or Coast Guard of the United States or a reserve component thereof [shall] must first obtain a conditional release from his commander. [Such] A conditional release [shall] must be issued in accordance with this chapter and [department] office regulations, and [shall] must include certification that the officer is properly cleared of his responsibility for all state and United States property and public money, and that he is not indebted to the state or to the organization to which he belongs. An officer so released shall be [considered] deemed to have resigned upon presentation of evidence that he has accepted an appointment or enlisted in the force to which released, and the resignation [shall] must be announced in orders.

      3.  No officer is entitled to resign his commission who is under arrest, suspension or who is under orders to be returned to any military court for delinquency.

      Sec. 404.  NRS 412.178 is hereby amended to read as follows:

      412.178  Efficiency and medical examining boards appointed by the governor hereby are vested with the powers of courts of inquiry and courts-martial. Such boards shall follow the practice and procedure prescribed by applicable federal laws and regulations and [department] office regulations. Any officer ordered to appear before such a board is entitled to appear in person or by counsel, to cross-examine witnesses and to call witnesses on his behalf. He is entitled at all stages of the proceeding to full access to records pertinent to his case and to be furnished copies of such records. Failure to appear before such examining board is sufficient ground for a finding by such board that the officer ordered to appear be discharged from the service of the state. If the findings of such board are unfavorable to an officer and are approved as provided by applicable laws of the United States or this chapter, the governor shall relieve the officer from duty and shall give him a discharge in such form as may be appropriate. If the discharge of an officer is recommended solely because of physical inability to perform active service, such officer may be transferred to the retired reserve if eligible.

      Sec. 405.  NRS 412.184 is hereby amended to read as follows:

      412.184  1.  A person who, on or after July 1, 1973, has completed 2 years of service as a commissioned officer or warrant officer of the Nevada National Guard, shall receive an allowance of $100 at that time for uniforming and equipping himself. Thereafter he shall receive, on completion of each 2 years of service, an additional allowance of $100 to assist him in meeting the uniform requirements necessary to his continued service in the Nevada National Guard.


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ê1993 Statutes of Nevada, Page 1608 (Chapter 466, AB 782)ê

 

2 years of service, an additional allowance of $100 to assist him in meeting the uniform requirements necessary to his continued service in the Nevada National Guard.

      2.  The allowances set forth in subsection 1 [shall] must be paid from [moneys] money available to the [department] office only after the officer has furnished satisfactory evidence to the adjutant general that he is properly entitled thereto.

      Sec. 406.  NRS 412.188 is hereby amended to read as follows:

      412.188  1.  The qualifications for enlistment and reenlistment, the periods of enlistment, reenlistment and voluntary extension of enlistment, the period of service, the form of oath to be taken and the manner and form of transfer and discharge of enlisted personnel of the Nevada National Guard [shall] must be those prescribed by applicable federal laws and regulations and [department] office regulations.

      2.  The governor is authorized to extend the period of any enlistment, reenlistment, voluntary extension of enlistment or the period of service of enlisted personnel of the Nevada National Guard Reserve or volunteer organizations licensed by the governor for a period not to exceed 6 months after the termination of an emergency declared by him, the legislature, the President or Congress.

      3.  Whenever the period of enlistment, reenlistment, voluntary extension of enlistment, and the period of service of enlisted personnel of the reserve components of the Armed Forces of the United States are extended, the governor shall extend the period of any enlistment, reenlistment, voluntary extension of enlistment or the period of service of enlisted personnel in the corresponding force of the Nevada National Guard for the same period.

      Sec. 407.  NRS 412.192 is hereby amended to read as follows:

      412.192  All noncommissioned officers of the Nevada National Guard [shall] must be appointed in the discretion of the appointing officer upon the nomination of the officer under whose immediate command they are to serve. Appointing officers [shall] must be designated in [department] office regulations. The appointment of a noncommissioned officer may be terminated as prescribed by [such] those regulations.

      Sec. 408.  NRS 412.194 is hereby amended to read as follows:

      412.194  When an enlisted person of the Nevada National Guard absents himself without leave and there is reason to believe that he does not intend to return, he may be discharged in accordance with [department] office regulations.

      Sec. 409.  NRS 412.266 is hereby amended to read as follows:

      412.266  1.  Any person authorized by this code, or by [department] office regulations issued pursuant thereto, to apprehend persons subject to this code, any marshal of a court-martial appointed pursuant to the provisions of this code and any peace officer authorized to do so by law may do so upon reasonable belief that an offense has been committed and that the person apprehended committed it.

      2.  Commissioned officers, warrant officers and noncommissioned officers have authority to quell quarrels, frays and disorders among persons subject to this code and to apprehend persons subject to this code who take part therein.


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ê1993 Statutes of Nevada, Page 1609 (Chapter 466, AB 782)ê

 

      Sec. 410.  NRS 412.2675 is hereby amended to read as follows:

      412.2675  1.  Warrants of arrest issued pursuant to NRS 412.267 [shall] must be in substantially the following form:

State of Nevada                                    }

                                                                }ss.

County of............................................. }

      To the (Sheriff) (Constable) (Chief of Police) of ................ (County) (Township and County) (City and County):

........................................................................................................................................ ,

(Name of [individual] person to be arrested, rank, serial number)

a member of .................................. (Unit designation) Nevada National Guard, having failed or refused to report to his appointed place of duty at ........................................, you are therefore commanded forthwith to arrest the above-named .................................... and bring him before me at ................ The arrest may be made either during the day or at night.

      Dated at ...................……………........ this ….…............. day of .............., 19.....

 

                                                        /s/.............................................................................

(Name, rank, branch, organization and designation as commanding officer)

      2.  Fees and mileage allowed for the service of warrants [shall] must be the same as are provided by law for the service of criminal process and [shall] must be paid out of [funds] money appropriated to the [department] office of the military, upon proper application therefor.

      Sec. 411.  NRS 412.284 is hereby amended to read as follows:

      412.284  1.  Under such [department] office regulations as may be prescribed under this chapter, a person on active state duty subject to this code who is accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial.

      2.  When delivery under this section is made to any civil authority of a person undergoing sentence of a court-martial, the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial, and the offender after having answered to the civil authorities for his offense [shall,] must, upon the request of competent military authority, be returned to military custody for the completion of his sentence.

      Sec. 412.  NRS 412.286 is hereby amended to read as follows:

      412.286  Under [department] office regulations, limitations may be placed on the powers granted by NRS 412.286 to 412.302, inclusive, with respect to the kind and amount of punishment authorized, the categories of commanding officers and warrant officers exercising command authorized to exercise those powers, the applicability of NRS 412.286 to 412.302, inclusive, to an accused who demands trial by court-martial, and the kinds of courts-martial to which the case may be referred upon such a demand. However, punishment may not be imposed upon any member of the Nevada National Guard under NRS 412.286 to 412.302, inclusive, if the member has, before the imposition of such punishment, demanded trial by court-martial in lieu of such punishment.


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ê1993 Statutes of Nevada, Page 1610 (Chapter 466, AB 782)ê

 

such punishment. Under [department] office regulations, rules may be prescribed with respect to the suspension of punishments authorized hereunder. If authorized by [department] office regulations, a commanding officer exercising general court-martial jurisdiction or an officer of general rank in command may delegate his powers under NRS 412.286 to 412.302, inclusive, to a principal assistant.

      Sec. 413.  NRS 412.292 is hereby amended to read as follows:

      412.292  An officer in charge may impose upon enlisted members assigned to the unit of which he is in charge such of the punishments authorized under paragraphs (a) to (f), inclusive, of subsection 2 of NRS 412.288 as the adjutant general may specifically prescribe by [department] office regulation.

      Sec. 414.  NRS 412.302 is hereby amended to read as follows:

      412.302  The adjutant general may, by [department] office regulation, prescribe the form of records to be kept of proceedings under NRS 412.286 to 412.302, inclusive, and may also prescribe that certain categories of those proceedings [shall] must be in writing.

      Sec. 415.  NRS 412.306 is hereby amended to read as follows:

      412.306  The ground force and the air force of the Nevada National Guard has court-martial jurisdiction over all persons subject to this code. The exercise of jurisdiction by one force over personnel of another force [shall] must be in accordance with [department] office regulations.

      Sec. 416.  NRS 412.338 is hereby amended to read as follows:

      412.338  Under [department] office regulations, the convening authority of a general or special court-martial or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court. Under like regulations the convening authority of a military court may detail or employ interpreters who shall interpret for the court.

      Sec. 417.  NRS 412.358 is hereby amended to read as follows:

      412.358  The procedure, including modes of proof, in cases before military courts and other military tribunals may be prescribed by [department] office regulations, which [shall,] must, so far as practicable, apply the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the courts of the state, but which may not be contrary to or inconsistent with this code.

      Sec. 418.  NRS 412.384 is hereby amended to read as follows:

      412.384  1.  The trial counsel, the defense counsel and the court-martial [shall] must have equal opportunity to obtain witnesses, both civilian and military and other evidence in accordance with [department] office regulations.

      2.  The military judge or a summary court officer may:

      (a) Issue a warrant for the arrest of any accused person who, having been served with a warrant and a copy of the charges, disobeys a written order by the convening authority to appear before the court;

      (b) Issue subpenas duces tecum and other subpenas;

      (c) Enforce by attachment the attendance of witnesses and the production of books and papers; and

      (d) Sentence for refusal to be sworn or to answer, as provided in actions before civil courts of the state.


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ê1993 Statutes of Nevada, Page 1611 (Chapter 466, AB 782)ê

 

      3.  Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence may run to any part of the state and may be executed by military personnel designated by the court-martial, or by civil officers as prescribed by the laws of the State of Nevada.

      Sec. 419.  NRS 412.404 is hereby amended to read as follows:

      412.404  1.  Each court-martial shall keep a separate record of the proceedings of the trial of each case brought before it and the record [shall] must be authenticated by the signatures of the president and the military judge. If the record cannot be authenticated by either the president or the military judge, by reason of his absence, it [shall] must be signed by a member in lieu of him. If both the president and the military judge are unavailable, the record [shall] must be authenticated by two members. A record of the proceedings of a trial in which the sentence adjudged includes a bad-conduct discharge or is more than that which could be adjudged by a special court-martial [shall] must contain a complete verbatim account of the proceedings and testimony before the court. All other records of trial [shall] must contain such matter and be authenticated in such manner as the governor may, by [department] office regulation, prescribe.

      2.  A copy of the record of the proceedings of each general and special court-martial [shall] must be given to the accused as soon as it is authenticated. If a verbatim record of trial by general court-martial is not required by subsection 1, the accused may buy such a record in accordance with [department] office regulations.

      Sec. 420.  NRS 412.412 is hereby amended to read as follows:

      412.412  1.  Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended, the forfeiture may apply to pay or allowances becoming due on or after the date the sentence is approved by the convening authority. No forfeiture may extend to any pay or allowances accrued before that date.

      2.  Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial but periods during which the sentence to confinement is suspended [shall] must be excluded in computing the service of the term of confinement. [Department] Office regulations may provide that sentences of confinement may not be executed until approved by designated officers.

      3.  All other sentences of courts-martial are effective on the date ordered executed.

      Sec. 421.  NRS 412.416 is hereby amended to read as follows:

      412.416  1.  Unless otherwise provided in [department] office regulations, a court-martial sentence of an enlisted member in a pay grade above E-1, as approved by the convening authority, that includes:

      (a) A dishonorable or bad-conduct discharge;

      (b) Confinement; or

      (c) Hard labor without confinement,

reduces that member to pay grade E-1, effective on the date of that approval.

      2.  If the sentence of a member who is reduced in pay grade under subsection 1 is set aside or disapproved, or, as finally approved, does not include punishment named in subsection 1, the rights and privileges of which he was deprived because of that reduction [shall] must be restored to him and he is entitled to the pay and allowances to which he would have been entitled, for the period the reduction was in effect, had he not been so reduced.


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ê1993 Statutes of Nevada, Page 1612 (Chapter 466, AB 782)ê

 

deprived because of that reduction [shall] must be restored to him and he is entitled to the pay and allowances to which he would have been entitled, for the period the reduction was in effect, had he not been so reduced.

      Sec. 422.  NRS 412.432 is hereby amended to read as follows:

      412.432  1.  If the convening authority is the governor, his action on the review of any record of trial is final.

      2.  In all other cases not covered by subsection 1, if the sentence of a special court-martial as approved by the convening authority includes a bad-conduct discharge, whether or not suspended, the entire record [shall] must be sent to the appropriate staff judge advocate or legal officer of the state force concerned to be reviewed in the same manner as a record of trial by general court-martial. The record and the opinion of the staff judge advocate or legal officer [shall] must then be sent to the state judge advocate for review.

      3.  All other special and summary court-martial records [shall] must be sent to the law specialist or legal officer of the appropriate force of the Nevada National Guard and [shall] must be acted upon, transmitted and disposed of as may be prescribed by [department] office regulations.

      4.  The state judge advocate shall review the record of trial in each case sent to him for review as provided under subsection 3. If the final action of the court-martial has resulted in an acquittal of all charges and specifications, the opinion of the state judge advocate [shall] must be limited to questions of jurisdiction.

      5.  The state judge advocate shall take final action in any case reviewable by him.

      6.  In a case reviewable by the state judge advocate under this section, the state judge advocate may act only with respect to the findings and sentence as approved by the convening authority. He may affirm only such findings of guilty, and the sentence or such part or amount of the sentence, as he finds correct in law and fact and determines, on the basis of the entire record, should be approved. In considering the record he may weigh the evidence, judge the credibility of witnesses and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses. If the state judge advocate sets aside the findings and sentence, he may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If he sets aside the findings and sentence and does not order a rehearing, he shall order that the charges be dismissed.

      7.  In a case reviewable by the state judge advocate under this section, he shall instruct the convening authority to act in accordance with his decision on the review. If he has ordered a rehearing but the convening authority finds a rehearing impracticable, he may dismiss the charges.

      8.  The state judge advocate may order one or more boards of review each composed of not less than three commissioned officers of the Nevada National Guard, each of whom must be a member of the State Bar of Nevada. Each board of review shall review the record of any trial by special court-martial, including a sentence to a bad-conduct discharge, referred to it by the state judge advocate. Boards of review have the same authority on review as the state judge advocate has under this section.


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ê1993 Statutes of Nevada, Page 1613 (Chapter 466, AB 782)ê

 

      Sec. 423.  NRS 412.446 is hereby amended to read as follows:

      412.446  1.  Under [department] office regulations, all rights, privileges and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, [shall] must be restored unless a new trial or rehearing is ordered and such executed part is included in a sentence imposed upon the new trial or rehearing.

      2.  If a previously executed sentence of dishonorable or bad-conduct discharge is not imposed on a new trial, the governor shall substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of his enlistment.

      3.  If a previously executed sentence of dismissal is not imposed on a new trial, the governor shall substitute therefor a form of discharge authorized for administrative issue, and the commissioned officer dismissed by that sentence may be reappointed by the governor alone to such commissioned grade and with such rank as in the opinion of the governor that former officer would have attained had he not been dismissed. The reappointment of such former officer may be made if a position vacancy is available under applicable tables of organization. All time between the dismissal and the reappointment [shall] must be considered as service for all purposes.

      Sec. 424.  NRS 412.564 is hereby amended to read as follows:

      412.564  1.  Courts of inquiry to investigate any matter may be convened by the governor or by any other person designated by the governor for that purpose, whether or not the persons involved have requested such an inquiry.

      2.  A court of inquiry consists of three or more commissioned officers. For each court of inquiry the convening authority shall also appoint counsel for the court.

      3.  Any person subject to this code whose conduct is subject to inquiry [shall] must be designated as a party. Any person subject to this code or employed in the [department] office who has a direct interest in the subject of inquiry has the right to be designated as a party upon request of the court. Any person designated as a party [shall] must be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses and to introduce evidence.

      4.  Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.

      5.  The members, counsel, the reporter and interpreters of courts of inquiry shall take an oath of affirmation to faithfully perform their duties.

      6.  Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.

      7.  Court of inquiry shall make findings of fact but may not express opinions or make recommendations unless required to do so by the convening authority.

      8.  Each court of inquiry shall keep a record of its proceedings, which [shall] must be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the president, it [shall] must be signed by a member in lieu of the president. If the record cannot be authenticated by the counsel for the court, it [shall] must be signed by a member in lieu of the counsel.


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ê1993 Statutes of Nevada, Page 1614 (Chapter 466, AB 782)ê

 

      Sec. 425.  NRS 412.566 is hereby amended to read as follows:

      412.566  NRS 412.254, 412.256, 412.266 to 412.302, inclusive, 412.332, 412.336, 412.362, 412.406, 412.452 to 412.556, inclusive, and 412.566 to 412.572, inclusive, [shall] must be carefully explained to every enlisted member at the time of his enlistment or transfer or induction into, or at the time of his being ordered to duty in or with, any of the state military forces or within 30 days thereafter. [They shall] Those sections also be explained annually to each unit of the state military forces. A complete text of this code and [department] office regulations thereunder [shall] must be made available to any member of the militia, upon his request, for his personal examination.

      Sec. 426.  NRS 412.572 is hereby amended to read as follows:

      412.572  1.  Whenever complaint is made to any commanding officer that willful damage has been done to the property of any person or that his property has been wrongfully taken by members of the Nevada National Guard, he may, subject to [department] office regulations, convene a board to investigate the complaint. The board [shall] must consist of from one to three officers and, for the purpose of that investigation, it has power to summon witnesses and examine them upon oath or affirmation, to receive depositions or other documentary evidence, and to assess the damages sustained against the responsible parties. The assessment of damages made by the board is subject to the approval of the commanding officer, and in the amount approved by him [shall] must be charged against the pay of the offenders. The order of the commanding officer directing charges herein authorized is conclusive, except as provided in subsection 3, on any disbursing officer for the payment by him to the injured parties of the damages so assessed and approved.

      2.  If the offenders cannot be ascertained, but the organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be paid to the injured parties from the military fund of the unit or units of the Nevada National Guard to which such offenders belong.

      3.  Any person subject to this code who is accused of causing willful damage to property has the right to be represented by counsel, to summon witnesses in his behalf and to cross-examine those appearing against him. He has the right to appeal to the next higher commander.

      Sec. 427.  Chapter 414 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Chief” means the chief of the division of emergency management of the department of motor vehicles and public safety.

      Sec. 428.  NRS 414.030 is hereby amended to read as follows:

      414.030  As used in this chapter, the words and terms defined in NRS 414.031 to 414.038, inclusive, and section 427 of this act, have the meanings ascribed to them in those sections.

      Sec. 429.  NRS 414.040 is hereby amended to read as follows:

      414.040  1.  A division of emergency management is hereby created within the department of [the military. The director] motor vehicles and public safety. The chief of the division is appointed by and holds office at the pleasure of the [governor.] director of the department of motor vehicles and public safety.


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ê1993 Statutes of Nevada, Page 1615 (Chapter 466, AB 782)ê

 

public safety. The division is the state agency for civil defense and the [director] chief is the state’s director of civil defense.

      2.  The [director] chief may employ technical, clerical, stenographic and other personnel as may be required, and may make such expenditures therefor and for other expenses of his office within the appropriation therefor, or from other money made available to him for purposes of emergency management, as may be necessary to carry out the purposes of this chapter.

      3.  The [director,] chief, subject to the direction and control of the [adjutant general,] director, shall carry out the program for emergency management in this state. He shall coordinate the activities of all organizations for emergency management within the state, maintain liaison with and cooperate with agencies and organizations of other states and of the Federal Government for emergency management and carry out such additional duties as may be prescribed by the [adjutant general.] director.

      Sec. 430.  NRS 414.170 is hereby amended to read as follows:

      414.170  1.  The board of search and rescue, consisting of eight members appointed by the [director,] chief, is hereby created. The [director,] chief shall appoint:

      (a) One member who is a representative of the Nevada highway patrol;

      (b) One member who is a representative of the Nevada Wing of the Civil Air Patrol;

      (c) One member who is a representative of the Nevada National Guard;

      (d) One member who is a representative of the sheriffs of Nevada;

      (e) One member who is a representative of the medical profession;

      (f) One member who is a representative of the division of forestry of the state department of conservation and natural resources;

      (g) One member who is a representative of organizations which specialize in search and rescue; and

      (h) One member who is a representative of the Nevada Fire Chiefs’ Association or its legal successor. If the association ceases to exist and no legal successor is formed, the [director] chief shall appoint one member who is a fire chief.

      2.  The term of office of each member of the board is 2 years.

      Sec. 431.  NRS 414.180 is hereby amended to read as follows:

      414.180  The board shall:

      1.  Meet at the call of the [director] chief and at least once every 6 months;

      2.  Provide direction and guidance for the coordinator;

      3.  Formulate policy regarding search and rescue; and

      4.  Carry out the other duties assigned to it in this chapter.

      Sec. 432.  NRS 414.200 is hereby amended to read as follows:

      414.200  The [director,] chief, with the advice of the board, shall appoint a coordinator of search and rescue.

      Sec. 433.  NRS 417.020 is hereby amended to read as follows:

      417.020  The offices of Nevada commissioner for veteran affairs and Nevada deputy commissioner for veteran affairs are hereby created [.] within the department of motor vehicles and public safety.


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ê1993 Statutes of Nevada, Page 1616 (Chapter 466, AB 782)ê

 

      Sec. 434.  Chapter 423 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The department may enter into a contract with a person for the provision of shelter and care of children who otherwise would be placed in a Nevada children’s home.

      2.  The department may not enter into a contract pursuant to this section unless it is satisfied that the person is qualified and has the necessary facilities and money to provide adequate shelter and care to the children.

      3.  The department shall adopt such regulations as are necessary to ensure that the person provides adequate shelter and care for the children placed in his care.

      4.  The person shall comply with all regulations adopted pursuant to this section.

      Sec. 435.  NRS 423.085 is hereby amended to read as follows:

      423.085  Each superintendent may establish a savings account with a bank or a savings and loan association authorized to do business in this state. The superintendent may place in [such account moneys which were] the account money that was not appropriated by the State of Nevada but which [are] is held for the benefit of the children in [the] :

      1.  The children’s home [.] ; or

      2.  Any other home or structure in which shelter and care is provided to the children under a contract entered into pursuant to section 434 of this act.

      Sec. 436.  NRS 423.130 is hereby amended to read as follows:

      423.130  1.  All gifts of money which the northern Nevada children’s home is authorized to accept must be deposited in the state treasury to the credit of the northern Nevada children’s home’s gift account in the department of human resources’ gift fund.

      2.  All gifts of money which the southern Nevada children’s home is authorized to accept must be deposited in the state treasury to the credit of the southern Nevada children’s home’s gift account in the department of human resources’ gift fund.

      3.  Money in the gift accounts [must] may be used [for] :

      (a) For children’s home purposes [only, and each] ; and

      (b) To benefit the children to whom shelter and care is provided under a contract entered into pursuant to section 434 of this act.

Each gift must be expended in accordance with the terms of the gift.

      4.  Each claim against the northern Nevada children’s home or the southern Nevada children’s home must be approved by the superintendent of the home to which it pertains before it is paid.

      Sec. 437.  NRS 426.031 is hereby amended to read as follows:

      426.031  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS [426.035] 426.041 to 426.095, inclusive, have the meanings ascribed to them in those sections.

      Sec. 438.  NRS 426.061 is hereby amended to read as follows:

      426.061  “Department” means the department of [human resources.] employment, training and rehabilitation.


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ê1993 Statutes of Nevada, Page 1617 (Chapter 466, AB 782)ê

 

      Sec. 439.  NRS 426.565 is hereby amended to read as follows:

      426.565  1.  There is hereby created the services to the blind revolving account, in the amount of $25,000, which must be used by the chief for the purposes of:

      (a) Providing inventories of tools, aids, appliances, supplies and other accessories used by the blind; and

      (b) Payment of the claims of applicants for or recipients of services of the bureau and vendors providing services to those applicants or recipients, including maintenance and transportation.

The chief shall sell tools, aids, appliances, supplies and other accessories used by the blind at cost or at cost plus the costs of administration and receipts must be deposited forthwith in the services to the blind revolving account.

      2.  The chief shall deposit the money in the services to the blind revolving account in a bank qualified to receive deposits of public money. The deposit must be secured by a depository bond satisfactory to the state board of examiners, unless otherwise secured by the Federal Deposit Insurance Corporation.

      3.  Purchases made for the purpose of providing and maintaining the inventories authorized by subsection 1 are exempt from the provisions of the State Purchasing Act at the discretion of the chief of the purchasing division of the department of [general services] administration or his designated representative.

      4.  The bureau shall:

      (a) Maintain current inventory records of all merchandise charged to the services to the blind revolving account;

      (b) Conduct a periodic physical count of all the merchandise; and

      (c) Reconcile the results of the periodic physical count with all assets and liabilities of the account.

The balance in the revolving account must equal $25,000 after subtracting the accounts payable from the total of the cash, inventories and receivables.

      5.  After expenditure of money for payment of the claims of applicants for or recipients of services from the bureau and vendors providing services to those applicants or recipients, including maintenance and transportation, from the services to the blind revolving account, the chief shall present a claim to the state board of examiners. When approved by the state board of examiners, the state controller shall draw his warrant in the amount of the claim in favor of the services to the blind revolving account and the state treasurer shall pay it. The receipt must be deposited forthwith in the services to the blind revolving account.

      Sec. 440.  NRS 426.567 is hereby amended to read as follows:

      426.567  1.  All gifts of money which the bureau is authorized to accept must be deposited in the state treasury for credit to the state grant and gift account for the blind in the department of [human resources’] employment, training and rehabilitation’s gift fund.

      2.  The state grant and gift account must be used for the purposes specified by the donor or for the purpose of carrying out the provisions of this chapter and other programs or laws administered by the bureau.

      3.  All claims must be approved by the chief before they are paid.


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ê1993 Statutes of Nevada, Page 1618 (Chapter 466, AB 782)ê

 

      Sec. 441.  NRS 426.675 is hereby amended to read as follows:

      426.675  1.  The business enterprise account for the blind is hereby created within the state general fund and must be managed by the chief.

      2.  Money received by the bureau under the provisions of NRS 426.670, except commissions assigned to licensed vending stand operators, must:

      (a) Be deposited in the business enterprise account for the blind.

      (b) Except as otherwise provided in subsection 4, remain in the account and not revert to the state general fund.

      (c) Be used for:

             (1) Purchasing, maintaining or replacing vending stands or the equipment therein;

             (2) Maintaining a stock of equipment, parts, accessories and merchandise used or planned for use in the vending stand program; and

             (3) Other purposes, consistent with NRS 426.640, as may be provided by regulation.

      3.  Purchases made pursuant to paragraph (c) of subsection 2 are exempt from the provisions of the State Purchasing Act at the discretion of the chief of the purchasing division of the department of [general services] administration or his designated representative, but the bureau shall:

      (a) Maintain current inventory records of all equipment, parts, accessories and merchandise charged to the business enterprise account for the blind;

      (b) Conduct a periodic physical count of all such equipment, parts, accessories and merchandise; and

      (c) Reconcile the results of the periodic physical count with the inventory records and cash balance in the account.

      4.  If the business enterprise account for the blind is dissolved, any money remaining therein reverts to the state general fund.

      5.  Money from any source which may lawfully be used for the vending stand program may be transferred or deposited by the bureau to the business enterprise account for the blind.

      6.  The interest and income earned on the money in the business enterprise account for the blind, after deducting any applicable charges, must be credited to the account.

      Sec. 442.  NRS 426.680 is hereby amended to read as follows:

      426.680  1.  If, after a vending stand survey as authorized by NRS 426.670, the head of a department or agency in charge of the maintenance of any public building or property rejects or does not act upon a written recommendation of the bureau that a vending stand be established or operated for the employment of blind persons, the matter [shall] must be referred to the director of the department of [human resources] employment, training and rehabilitation for review.

      2.  After reviewing the recommendation of the bureau, the director may refer the matter to the head of the department or agency concerned for further review and disposition.

      3.  If the director is not satisfied with the decision of the head of the department or agency concerned, the director may refer the matter for final decision and disposition to:

      (a) The governor, in the case of state buildings or properties.


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ê1993 Statutes of Nevada, Page 1619 (Chapter 466, AB 782)ê

 

      (b) The board of county commissioners, in the case of county buildings or properties.

      (c) The city council or other governing board of the municipality in the case of municipal buildings or properties.

      (d) The governing board of the political subdivision in the case of buildings or properties of other political subdivisions of this state.

      Sec. 443.  NRS 426.710 is hereby amended to read as follows:

      426.710  The bureau may, in its discretion, utilize appropriate nonprofit corporations organized under the laws of this state, or other agencies, as trustees to provide day-to-day management and operation services for the vending stand program for the blind. Such corporations or agencies [shall] must be reimbursed for their actual and necessary expenses by the operators of the vending stand units which compose the vending stand program for the blind in accordance with such rules and regulations as may be adopted by the bureau and approved by the department . [of human resources.]

      Sec. 444.  NRS 426.800 is hereby amended to read as follows:

      426.800  1.  Whoever knowingly obtains or attempts to obtain, or aids or abets any person to obtain by means of a willfully false statement or representation or by impersonation, or other fraudulent device, services to which he is not entitled, or services greater than those to which he is entitled, with the intent to defeat the purposes of this chapter, is guilty of a gross misdemeanor.

      2.  For the purposes of subsection 1, whenever a recipient of services under the provisions of this chapter receives an overpayment for the third time and [such] the overpayments have resulted from a false statement or representation by [such] the recipient or from the failure of the recipient to notify the bureau [of services to the blind in the rehabilitation division of the department of human resources] of a change in his circumstances which would affect the amount of services [such recipient] he receives, a rebuttable presumption arises that [such] the payment was fraudulently received.

      Sec. 445.  NRS 426A.010 is hereby amended to read as follows:

      426A.010  As used in this chapter:

      1.  “Department” means the department of [human resources.] employment, training and rehabilitation.

      2.  “Traumatic brain injury” means a sudden shock or damage to the brain or its coverings which is not of a degenerative nature and produces an altered state of consciousness or temporarily or permanently impairs the mental, cognitive, behavioral or physical functioning of the brain. The term does not include:

      (a) A cerebral vascular accident;

      (b) An aneurism; or

      (c) A congenital defect.

      Sec. 446.  NRS 426A.060 is hereby amended to read as follows:

      426A.060  1.  The advisory committee on traumatic brain injuries, consisting of 11 members, is hereby created.

      2.  The [administrator] director shall appoint to the committee:

      (a) One member who is an employee of the rehabilitation division of the department . [of human resources.]


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ê1993 Statutes of Nevada, Page 1620 (Chapter 466, AB 782)ê

 

      (b) One member who is an employee of the welfare division of the department of human resources and participates in the administration of the state program providing assistance to the medically indigent.

      (c) One member who is a licensed insurer in this state.

      (d) One member who represents the interests of educators in this state.

      (e) One member who is a person professionally qualified in the field of psychiatric mental health.

      (f) Two members who are employees of private providers of rehabilitative health care located in this state.

      (g) One member who represents persons who operate community-based programs for head injuries in this state.

      (h) One member who represents hospitals in this state.

      (i) Two members who represent the recipients of health care in this state.

      3.  After the initial appointments, each member of the committee serves a term of 3 years.

      4.  The committee shall elect one of its members to serve as chairman.

      5.  Members of the committee serve without compensation and are not entitled to receive the per diem allowance or travel expenses provided for state officers and employees generally.

      6.  The committee may:

      (a) Make recommendations to the [administrator] director relating to the establishment and operation of any program for persons with traumatic brain injuries.

      (b) Make recommendations to the [administrator] director concerning proposed legislation relating to traumatic brain injuries.

      (c) Collect information relating to traumatic brain injuries.

      7.  The committee shall prepare a report of its activities and recommendations each year and submit a copy to the:

      (a) [Administrator;] Director;

      (b) Legislative committee on health care; and

      (c) Legislative commission.

      8.  As used in this section:

      (a) [“Administrator”] “Director” means the [administrator of the rehabilitation division] director of the department . [of human resources.]

      (b) “Person professionally qualified in the field of psychiatric mental health” has the meaning ascribed to it in NRS 433.209.

      (c) “Provider of health care” has the meaning ascribed to it in NRS 629.031.

      Sec. 447.  NRS 426A.070 is hereby amended to read as follows:

      426A.070  1.  The rehabilitation division of the department [of human resources] shall establish a program for persons with traumatic brain injuries.

      2.  The program may, subject to legislative appropriation, provide:

      (a) The following services to persons with traumatic brain injuries:

             (1) Treatment during the day on an outpatient basis;

             (2) Care provided in a facility operated and maintained to furnish food, shelter, assistance and limited supervision;

             (3) Care provided in the home;

             (4) Instruction in the skills required for independent living;

             (5) Placement for jobs; and


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ê1993 Statutes of Nevada, Page 1621 (Chapter 466, AB 782)ê

 

             (6) Counseling and treatment for the abuse of drugs or alcohol.

      (b) Support services for families of persons with traumatic brain injuries.

      (c) For the dissemination of information for the prevention of traumatic brain injuries.

      3.  The rehabilitation division shall evaluate the program and submit a report containing the evaluation and any recommended legislation to each regular session of the legislature.

      Sec. 448.  NRS 426A.080 is hereby amended to read as follows:

      426A.080  The rehabilitation division of the department [of human resources] shall adopt regulations concerning the care of persons with traumatic brain injuries. The division shall, in adopting the regulations, consider the criteria established by the Commission on Accreditation of Rehabilitation Facilities for the care of such persons.

      Sec. 449.  NRS 428.355 is hereby amended to read as follows:

      428.355  As used in NRS 428.355 to 428.395, inclusive:

      1.  “Authorized agency” means a nonprofit organization or political subdivision known as a delegate agency having a formal agreement with an eligible entity to perform services under a grant pursuant to 42 U.S.C. §§ 9901 et seq.

      2.  “Director” means the director of the [office of community services.] department of human resources.

      3.  “Eligible entity” means an agency, organization or governmental entity which is eligible under 42 U.S.C. §§ 9901 et seq. to receive grants.

      Sec. 450.  NRS 428.365 is hereby amended to read as follows:

      428.365  1.  The director shall administer any federal allotment received by this state pursuant to the Community Services Block Grant Act (42 U.S.C. §§ 9901 et seq.) for the amelioration of the causes of poverty within this state.

      2.  The director shall, on or before June 1 of each year, file with the interim finance committee a report of the allocation of that money by [his office] the department of human resources during the previous federal fiscal year and a report on the progress of the program for the current federal fiscal year.

      3.  The director shall not spend more than 5 percent of the federal allotment, or $55,000, whichever is greater, for the administrative expenses of the [office of community services] department of human resources relating to the allotment. He shall allocate not less than 90 percent of the allotment to eligible entities for the purposes specified in 42 U.S.C. § 9904 (c)(1). He may spend the remainder of the allotment in any manner not inconsistent with the terms of the federal grant.

      4.  Money distributed to an authorized agency by an eligible entity and not expended before the end of the year of the grant may be redistributed by the eligible entity with the approval of the director. Money granted to an eligible entity and not expended before the end of the year of the grant must be returned to the director, who may:

      (a) Grant the money to an eligible entity;

      (b) Distribute the money to an authorized agency through an eligible entity; or

      (c) Retain the money for distribution during the next federal fiscal year.


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ê1993 Statutes of Nevada, Page 1622 (Chapter 466, AB 782)ê

 

      Sec. 451.  NRS 445.281 is hereby amended to read as follows:

      445.281  1.  The [department may issue a permit to the department of wildlife] director may authorize the division of wildlife of the department to kill fish through the use of toxicants.

      2.  The [permit must] director shall indicate the terms and conditions under which the use of toxicants may take place.

      Sec. 452.  NRS 453.3363 is hereby amended to read as follows:

      453.3363  1.  If a person who has not previously been convicted within the past 10 years of any offense under NRS 453.011 to 453.552, inclusive, or under any statute of the United States or of any state relating to narcotic drugs, marihuana, or stimulant, depressant or hallucinogenic substances tenders a plea of guilty, nolo contendere or similar plea to a charge of possession of a controlled substance under NRS 453.336, or is found guilty of that charge, the court, without entering a judgment of conviction and with the consent of the accused, may suspend further proceedings and place him on probation upon terms and conditions that must include attendance and successful completion of an educational program or, in the case of a person dependent upon drugs, of a program of treatment and rehabilitation. Such a program must include frequent urinalysis to determine that the accused is not using a controlled substance. The court shall specify how frequent such examinations must be and how many must be successfully completed, independently of other requisites for successful completion of the program.

      2.  Upon violation of a term or condition, the court may enter a judgment of conviction and proceed as provided in paragraph (a) or (d) of subsection 2 of NRS 453.336. Upon fulfillment of the terms and conditions, the court shall discharge the accused and dismiss the proceedings against him. A nonpublic record of the dismissal must be transmitted to and retained by the [department] division of parole and probation of the department of motor vehicles and public safety solely for the use of the courts in determining whether, in later proceedings, the person qualifies under this section.

      3.  Except as otherwise provided in subsection 4, discharge and dismissal under this section is without adjudication of guilty and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail. Discharge and dismissal restores the person discharged, in the contemplation of the law, to the status occupied before the arrest, indictment or information. He may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge that arrest, indictment, information or trial in response to an inquiry made of him for any purpose. Discharge and dismissal under this section may occur only once with respect to any person.

      4.  A professional licensing board may consider a proceeding under this section in determining suitability for a license or liability to discipline for misconduct. Such a board is entitled for those purposes to a truthful answer from the applicant or licensee concerning any such proceeding with respect to him.


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ê1993 Statutes of Nevada, Page 1623 (Chapter 466, AB 782)ê

 

      Sec. 453.  NRS 445.451 is hereby amended to read as follows:

      445.451  1.  The state environmental commission is hereby created in the state department of conservation and natural resources. The commission consists of:

      (a) The [director of the department of wildlife;] administrator of the division of wildlife of the department;

      (b) The state forester firewarden;

      (c) The state engineer;

      (d) The [executive director of the state department of agriculture;] administrator of the division of agriculture of the department of business and industry;

      (e) The [executive director of the department of minerals;] administrator of the division of minerals of the department of business and industry;

      (f) A member of the state board of health to be designated by that board; and

      (g) Five members appointed by the governor, one of whom is a person who is a general engineering contractor or a general building contractor licensed pursuant to chapter 624 of NRS and one of whom possesses expertise in performing mining reclamation.

      2.  The governor shall appoint the chairman of the commission from among the members.

      3.  A majority of the members constitutes a quorum and a majority of those present must concur in any decision.

      4.  Each member who is appointed by the governor is entitled to receive a salary of not more than $80, as fixed by the commission, for each day’s attendance at a meeting of the commission.

      5.  While engaged in the business of the commission, each member and employee of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      6.  Any person who receives or has during the previous 2 years received a significant portion of his income, as defined by any applicable state or federal law, directly or indirectly from one or more holders of or applicants for a permit required by NRS 445.131 to 445.354, inclusive, is disqualified from serving as a member of the commission. This subsection does not apply to any person who receives or has received during the previous 2 years, a significant portion of his income from any department or agency of state government which is a holder of or an applicant for a permit required by NRS 445.131 to 445.354, inclusive.

      7.  The state department of conservation and natural resources shall provide technical advice, support and assistance to the commission. All state officers, departments, commissions and agencies, including the department of transportation, [the department of wildlife,] the department of human resources, the University of Nevada System, the state public works board, the department of motor vehicles and public safety, the public service commission of Nevada and the [state department] division of agriculture of the department of business and industry may also provide technical advice, support and assistance to the commission.


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 1624 (Chapter 466, AB 782)ê

 

      Sec. 454.  NRS 446.020 is hereby amended to read as follows:

      446.020  1.  Except as limited by subsection 2, “food establishment” means any place, structure, premises, vehicle or vessel, or any part thereof, in which any food intended for ultimate human consumption is manufactured or prepared by any manner or means whatever, or in which any food is sold, offered or displayed for sale or served.

      2.  The term does not include:

      (a) Private homes;

      (b) Fraternal or social clubhouses at which attendance is limited to members of the club;

      (c) Vehicles operated by common carriers engaged in interstate commerce;

      (d) Any establishment in which religious, charitable and other nonprofit organizations sell food occasionally to raise money or in which charitable organizations receive salvaged food in bulk quantities for free distribution, unless the establishment is open on a regular basis to sell food to members of the general public;

      (e) Any establishment where animals are slaughtered which is regulated and inspected by the [state department of agriculture;] division of agriculture of the department of business and industry;

      (f) Dairy farms and plants which process milk and products of milk or frozen desserts which are regulated under chapter 584 of NRS; or

      (g) The premises of a wholesale dealer of alcoholic beverages licensed under chapter 369 of NRS who handles only those beverages which are in sealed containers.

      Sec. 455.  NRS 449.00455 is hereby amended to read as follows:

      449.00455  “Facility for the treatment of abuse of alcohol or drugs” means any public or private establishment which provides residential treatment, including mental and physical restoration, of abusers of alcohol or drugs which is certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of [human resources,] employment, training and rehabilitation, pursuant to subsection 3 of NRS 458.025. It does not include a medical facility or services offered by volunteers or voluntary organizations.

      Sec. 456.  NRS 453.3365 is hereby amended to read as follows:

      453.3365  1.  Three years after a person is convicted and sentenced pursuant to subsection 3 of NRS 453.336, the court may order sealed all documents, papers and exhibits in that person’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order, if the:

      (a) Person fulfills the terms and conditions imposed by the court and the parole and probation officer; and

      (b) Court, after a hearing, is satisfied that the person is rehabilitated.

      2.  Except as limited by subsection 4, 3 years after an accused is discharged from probation pursuant to NRS 453.3363, the court shall order sealed all documents, papers and exhibits in that person’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order if the person fulfills the terms and conditions imposed by the court and the [department] division of parole and probation [.] of the department of motor vehicles and public safety.


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ê1993 Statutes of Nevada, Page 1625 (Chapter 466, AB 782)ê

 

motor vehicles and public safety. The court shall order those records sealed without a hearing unless the [department] division of parole and probation petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.

      3.  If the court orders sealed the record of a person discharged pursuant to NRS 453.3363, it shall send a copy of the order to each agency or officer named in the order. Each such agency or officer shall notify the court in writing of its compliance with the order.

      4.  A professional licensing board is entitled, for the purpose of determining suitability for a license or liability to discipline for misconduct, to inspect and to copy from a record sealed pursuant to this section.

      Sec. 457.  NRS 455.030 is hereby amended to read as follows:

      455.030  1.  Whenever a board of county commissioners receives information from the [department] division of minerals of the department of business and industry that there is in the county a dangerous condition that results from mining practices which took place at a mine that is no longer operating, if the information identifies a person responsible for the condition, the board shall transmit this information to the sheriff or the constable of the township where the condition exists.

      2.  Upon receipt of information pursuant to subsection 1 or upon the filing of the notice, as provided for in NRS 455.020, the sheriff or constable shall serve a notice, in the same manner and form as a summons, upon each person identified as owner or otherwise responsible.

      Sec. 458.  NRS 455.060 is hereby amended to read as follows:

      455.060  1.  If the notice states that the excavation, shaft or hole has been abandoned, and no person claims the ownership thereof, the sheriff or constable shall notify the board of county commissioners of the county, or any member of the board of county commissioners, of its location. Upon receipt of this notice, or of information from the [department] division of minerals of the department of business and industry that there is a dangerous condition resulting from mining practices which took place at a mine that is no longer operating, in the county if the information does not identify any person responsible for the dangerous condition, the board shall, as soon as possible thereafter, decide whether it should be so fenced or otherwise guarded as to prevent accidents to persons or animals.

      2.  All expenses thus incurred must be paid first out of the judgments collected in accordance with the provisions of this chapter in the same manner as other county expenses.

      Sec. 459.  Chapter 458 of NRS is hereby amended by adding thereto the provisions set forth as sections 460 to 467, inclusive, of this act.

      Sec. 460.  As used in sections 460 to 467, inclusive, of this act, unless the context otherwise requires:

      1.  “Commission” means the commission on substance abuse education, prevention, enforcement and treatment.

      2.  “Coordinator” means the coordinator of the program for substance abuse, education, prevention and treatment.

      Sec. 461.  1.  The commission on substance abuse education, prevention, enforcement and treatment is hereby created.

      2.  The governor shall appoint:


…………………………………………………………………………………………………………………

ê1993 Statutes of Nevada, Page 1626 (Chapter 466, AB 782)ê

 

      (a) Three members who represent law enforcement and are knowledgeable in the areas of the penal system, parole and probation and the judicial system;

      (b) Three members who represent the state board of education, local school districts, teachers and programs for the prevention of abuse of drugs and alcohol;

      (c) Three members who are managers of programs which are accredited by the state to treat persons who abuse drugs and alcohol; and

      (d) Four members who represent the general public.

      3.  At least three of the members of the commission must be representatives of northern Nevada, three must be representatives of southern Nevada and three must be representatives of rural Nevada.

      4.  The director of the department of human resources, the superintendent of public instruction, the attorney general and the director of the department of motor vehicles and public safety are ex officio nonvoting members of the commission. An ex officio member may designate a representative to serve in his place on the commission or to attend a meeting of the commission in his place. Each ex officio member or his representative shall attend each meeting of the commission and provide any information which the commission requests.

      5.  The term of office of each appointed member of the commission is 2 years.

      6.  The governor shall appoint one member who is not an elected official to serve as chairman of the commission.

      7.  Each member of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 462.  1.  The commission shall meet at least quarterly or by a call of the chairman or majority of the members of the commission.

      2.  Seven members of the commission, including at least one member who is a representative of southern Nevada, one member who is a representative of northern Nevada and one member who is a representative of rural Nevada, constitute a quorum.

      3.  A quorum may exercise all of the powers conferred on the commission.

      4.  The chairman of the commission may divide the commission into subcommittees. The commission may delegate one or more of the powers conferred on the commission to a subcommittee of the commission.

      5.  The commission shall prescribe rules for its own management and government.

      Sec. 463.  1.  The commission may accept gifts, grants, appropriations and donations if its acceptance does not reduce, limit or cause it to be in competition for money normally available to local agencies and community programs, unless otherwise provided by a specific statute.

      2.  All money received by the commission must be deposited in the fund for substance abuse education, prevention, enforcement and treatment which is hereby created as a special revenue fund.

      3.  The money in the fund may be used only to:

      (a) Make grants to programs for substance abuse education, prevention, enforcement and treatment; and


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ê1993 Statutes of Nevada, Page 1627 (Chapter 466, AB 782)ê

 

      (b) Carry out the provisions of sections 460 to 467, inclusive, of this act.

      4.  All claims against the fund must be paid as other claims against the state are paid.

      5.  Any money received by the commission on the condition that it be expended for a specific purpose must be accounted for separately in the fund.

      Sec. 464.  The commission shall:

      1.  Recommend policies and priorities for the use of the money which the state receives from the United States Department of Justice, United States Department of Education or United States Department of Health and Human Services for programs for substance abuse education, prevention, enforcement and treatment.

      2.  Make grants of available money to programs for substance abuse education, prevention, enforcement and treatment.

      Sec. 465.  The commission shall:

      1.  Develop and coordinate a state master plan which must include:

      (a) All existing and future plans and reports developed by state and local agencies, task forces, councils, committees and community programs for substance abuse education, prevention, enforcement and treatment;

      (b) A summary of the current activities of the commission;

      (c) The goals and objectives of the commission;

      (d) The order of priority concerning the efforts required to achieve the goals and objectives of the commission; and

      (e) A statement of the roles of state and local governmental agencies and the private sector in the achievement of the goals and objectives of the commission.

      2.  Prepare and deliver to the governor on or before September 1 of each year a report which summarizes the status of the state master plan and of the commission’s efforts to achieve its goals and objectives.

      3.  Hold and coordinate public hearings throughout the state as necessary to receive information from the public relating to education concerning the abuse of drugs and alcohol, prevention and treatment of the abuse of drugs and alcohol and the enforcement of laws relating to drugs and alcohol.

      4.  Encourage the creation of state and local task forces, councils and committees relating to education concerning the abuse of drugs and alcohol, prevention and treatment of the abuse of drugs and alcohol and enforcement of laws relating to drugs and alcohol and develop procedures to receive information and recommendations from the task forces, councils and committees on a regular basis.

      5.  Recommend to the governor in its annual report any proposed legislation relating to education concerning the abuse of drugs and alcohol, prevention and treatment of the abuse of drugs and alcohol and enforcement of laws relating to drugs and alcohol.

      6.  Collect, evaluate and disseminate information concerning the performance of the programs for substance abuse education, prevention, enforcement and treatment.

      7.  Disseminate information concerning any new developments in research or programs for substance abuse education, prevention, enforcement and treatment.


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ê1993 Statutes of Nevada, Page 1628 (Chapter 466, AB 782)ê

 

      8.  Establish a program to recognize publicly persons and programs that have helped to prevent and treat the abuse of drugs and alcohol and enforce laws relating to drugs and alcohol in this state.

      Sec. 466.  1.  The office of the coordinator of the program for substance abuse education, prevention, enforcement and treatment is hereby created.

      2.  The director shall appoint as coordinator a person who has 5 years of experience working in the area of substance abuse education, prevention, enforcement or treatment or administration.

      3.  The coordinator shall devote all of his time to the business of his office and shall not pursue any other business or vocation or hold any other office of profit.

      4.  The coordinator may employ, within limits of legislative appropriations, such staff as is necessary to the performance of his duties.

      5.  The coordinator shall:

      (a) Provide administrative services for the commission;

      (b) Analyze, evaluate and make recommendations for the programs of state agencies, local governments and private organizations relating to education concerning the abuse of drugs and alcohol, prevention and treatment of the abuse of drugs and alcohol and enforcement of laws relating to drugs and alcohol according to the goals and objectives of the commission;

      (c) Assist local governments and private organizations in coordinating with state agencies and in developing and carrying out programs for substance abuse education, prevention, enforcement and treatment according to the goals and objectives of the commission;

      (d) Assist in updating the master plan once each year;

      (e) Prepare for and attend all meetings of the commission;

      (f) Prepare any reports which the commission requests; and

      (g) Locate sources for grants.

      6.  The director shall provide administrative services and office space for the coordinator.

      Sec. 467.  1.  The coordinator, in consultation with the commission, shall develop guidelines for applications for grants and other funding to ensure consistency with the state master plan.

      2.  The coordinator, in consultation with the commission, shall review all grants received by the state and its political subdivisions from the Federal Government for programs for substance abuse education, prevention, enforcement and treatment to determine consistency with the state master plan. This review may occur at any time.

      Sec. 468.  NRS 458.010 is hereby amended to read as follows:

      458.010  As used in this chapter, unless the context requires otherwise:

      1.  “Alcohol and drug abuse program” means a project concerned with education, prevention and treatment directed toward achieving the mental and physical restoration of alcohol and drug abusers.

      2.  “Alcohol and drug abuser” means a person whose consumption of alcohol or other drugs, or any combination thereof, interferes with or adversely affects his ability to function socially or economically.

      3.  “Alcoholic” means any person who habitually uses alcoholic beverages to the extent that he endangers the health, safety or welfare of himself or any other person or group of persons.


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ê1993 Statutes of Nevada, Page 1629 (Chapter 466, AB 782)ê

 

      4.  “Bureau” means the bureau of alcohol and drug abuse in the rehabilitation division of the department.

      5.  “Chief” means the chief of the bureau.

      6.  “Civil protective custody” means a custodial placement of a person for the purpose of protecting his health or safety. Civil protective custody does not have any criminal implication.

      7.  “Department’ means the department of [human resources.] employment, training and rehabilitation.

      8.  “Director” means the director of the department.

      9.  “Facility” means a physical structure used for the education, prevention and treatment, including mental and physical restoration, of alcohol and drug abusers.

      Sec. 469.  NRS 458.043 is hereby amended to read as follows:

      458.043  As executive head of the bureau, the chief shall:

      1.  Direct and supervise all administrative and technical activities as provided by this chapter, subject to administrative supervision by the [administrator of the rehabilitation division of the department.] director.

      2.  Subject to the approval of the [administrator of the rehabilitation division of the department,] director, appoint such technical, clerical and operational staff as the execution of his duties and the operation of the bureau may require.

      Sec. 470.  NRS 458.100 is hereby amended to read as follows:

      458.100  1.  All gifts or grants of money which the bureau is authorized to accept must be deposited in the state treasury for credit to a fund to be known as the state grant and gift account for alcohol and drug abuse in the department of [human resources’] employment, training and rehabilitation’s gift fund.

      2.  Money in the account which has been received:

      (a) Pursuant to NRS 369.174 must be used for the purposes specified in NRS 458.097.

      (b) From any other source must be used for the purpose of carrying out the provisions of this chapter and other programs or laws administered by the bureau.

      3.  All claims must be approved by the chief before they are paid.

      Sec. 471.  NRS 458.104 is hereby amended to read as follows:

      458.104  1.  If the [administrator of the rehabilitation division of the department] director determines that current claims exceed the amount of money available to the bureau because of a delay in the receipt of money from federal grants, he may request from the director of the department of administration a temporary advance from the state general fund for the payment of authorized expenses.

      2.  The director of the department of administration shall notify the state controller and the fiscal analysis division of the legislative counsel bureau of his approval of a request made pursuant to subsection 1. The state controller shall draw his warrant upon receipt of the approval by the director of the department of administration.

      3.  An advance from the state general fund:

      (a) Must be approved by the director of the department of administration for use pursuant to NRS 458.080; and


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ê1993 Statutes of Nevada, Page 1630 (Chapter 466, AB 782)ê

 

      (b) Is limited to 25 percent of the revenues expected to be received in the current fiscal year from any source other than legislative appropriation.

      4.  Any money which is temporarily advanced from the state general fund to the bureau pursuant to this section must be repaid by August 31 following the end of the fiscal year during which the money was advanced.

      Sec. 472.  NRS 458.216 is hereby amended to read as follows:

      458.216  1.  An advisory committee on insurance covering the treatment of alcoholism and drug abuse, consisting of [thirteen] 13 members, is hereby created.

      2.  The governor shall appoint:

      (a) One member who is a representative of the [department of insurance.] division of insurance of the department of business and industry.

      (b) One member who is a representative of the bureau.

      (c) Two members who are legislators.

      (d) One member who is a representative of a medical service corporation.

      (e) One member who is a representative of a commercial insurance company.

      (f) One member who is a representative of business and industry and one who is a representative of labor. One of these members must represent persons who hold contracts for group health insurance issued by a medical service corporation and the other must represent persons who hold contracts for group health insurance issued by a commercial carrier.

      (g) Two members who are representatives of persons who provide treatment for abusers of alcohol or drugs.

      (h) Three members who are representatives of the general public.

      Sec. 473.  NRS 459.0093 is hereby amended to read as follows:

      459.0093  1.  The agency for nuclear projects is hereby created [. It] within the state department of conservation and natural resources. The agency consists of the commission and:

      (a) The division of technical programs.

      (b) The division of planning.

      2.  The governor shall appoint an executive director, who serves at the pleasure of the commission, and who must:

      (a) Be appointed from a list of three persons submitted to the governor by the commission.

      (b) Possess broad management skills related to the functions of the agency and have the ability to coordinate planning and communication among the Federal Government, the state and the local governments of this state on issues related to radioactive waste.

      Sec. 474.  NRS 459.3816 is hereby amended to read as follows:

      459.3816  1.  The following substances are designated as highly hazardous, if present in the quantity designated after each substance or a greater quantity:

 

                                                                                    Number Assigned

                                                                                         By Chemical             Quantity

Chemical Name of Substance                                  Abstract Service    (In pounds)

 

Acetaldehyde .....................................................................            75-07-0......................................................................................... 2500

Acrolein (2-Propenal) ...................................    107-02-8.................................................................. 150

 


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ê1993 Statutes of Nevada, Page 1631 (Chapter 466, AB 782)ê

 

Acrolein (2-Propenal) ........................................................          107-02-8 150

Acrytyl Chloride ................................................................          814-68-6 250

Allyl Chloride .....................................................................          107-05-1......................................................................................... 1000

Allylamine ...........................................................................          107-11-9......................................................................................... 1500

Alkylaluminums .................................................................               None......................................................................................... 5000

Ammonia, Anhydrous ......................................................        7664-41-7......................................................................................... 5000

Ammonia solutions (44% ammonia by weight) .............        7664-41-7......................................................................................... 10000

Ammonium Perchlorate .....................................................        7790-98-9......................................................................................... 7500

Ammonium Permanganate ................................................        7787-36-2......................................................................................... 7500

Arsine (also called Arsenic Hydride) .............................        7784-42-1 100

Bis(Chloromethyl) Ether ...................................................          542-88-1 100

Boron Tricholoride ............................................................      10294-34-5......................................................................................... 2500

Boron Trifluoride ...............................................................        7637-07-2 250

Bromine ...............................................................................        7726-95-6......................................................................................... 1500

Bromine Chloride ...............................................................      13863-41-7......................................................................................... 1500

Bromine Pentafluoride .......................................................        7789-30-2......................................................................................... 2500

Bromine Trifluoride ............................................................        7787-71-5......................................................................................... 15000

3-Bromopropyne (also called Propargyl Bromide) ........          106-96-7......................................................................................... 7500

Butyl Hydroperoxide (Tertiary) .......................................            75-91-2......................................................................................... 5000

Butyl Perbenzoate (Tertiary) ............................................          614-45-9......................................................................................... 7500

Carbonyl Chloride (see Phosgene) .................................            75-44-5 100

Carbonyl Fluoride ..............................................................          353-50-4......................................................................................... 2500

Cellulose Nitrate (concentration 12.6% of Nitrogen) ...        9004-70-0......................................................................................... 2500

Chlorine ...............................................................................        7782-50-5......................................................................................... 1500

Chlorine Dioxide .................................................................      10049-04-4......................................................................................... 1000

Chlorine pentafluoride ......................................................      13637-63-3......................................................................................... 1000

Chlorine Trifluoride............................................................        7790-91-2......................................................................................... 1000

Chlorodiethylaluminum (also called Diethylaluminum Chloride           96-10-6................................................................................. 5000

1-Chloro-2,4-Dinitrobenzene ............................................            97-00-7......................................................................................... 5000

Chloromethyl Methyl Ether ..............................................          107-30-2 500

Chloropicrin ........................................................................            76-06-2 500

Chloropicrin and Methyl Bromide mixture .....................               None......................................................................................... 1500

Chloropicrin and Methyl Chloride mixture .....................               None......................................................................................... 1500

Cumene Hydroperoxide ....................................................            80-15-9......................................................................................... 5000

Cyanogen ............................................................................          460-19-5......................................................................................... 2500

Cyanogen Chloride ............................................................          506-77-4 500

Cyanuric Fluoride ..............................................................          675-14-9 100

Diacetyl Peroxide (concentration 70%) ..........................          110-22-5......................................................................................... 5000

Diazomethane .....................................................................          334-88-3 500

Dibenzoyl Peroxide ............................................................            94-36-0......................................................................................... 7500

Diborane ..............................................................................      19287-45-7 100

Dibutyl Peroxide (Tertiary) ...............................................          110-05-4......................................................................................... 5000

Dichloro Acetylene ...........................................................        7572-29-4 250

Dichlorosilane ....................................................................        4109-96-0......................................................................................... 2500

Diethylzinc ..........................................................................          557-20-0......................................................................................... 10000

Diisopropyl peroxydicarbonate .......................................          105-64-8......................................................................................... 7500

Dilauroyl Peroxide ..............................................................          105-74-8......................................................................................... 7500

Dimethyl Sulfide .................................................................            75-18-3 100

Dimethyldichlorosilane ..................................      75-78-5.................................................................. 1000

 


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ê1993 Statutes of Nevada, Page 1632 (Chapter 466, AB 782)ê

 

Dimethyldichlorosilane .....................................................            75-78-5......................................................................................... 1000

Dimethylhydrazine, 1.1- ....................................................            57-14-7......................................................................................... 1000

Dimethylamine, Anhydrous .............................................          124-40-3......................................................................................... 2500

Ethyl Methyl Ketone Peroxide (also Methyl Ethyl Ketone peroxide; concentration 60%)......................................................        1338-23-4......................................................................................... 5000

Ethyl Nitrite .........................................................................          109-95-5......................................................................................... 5000

Ethylamine ..........................................................................            75-04-7......................................................................................... 7500

Ethylene Fluorohydrin ......................................................          371-62-0 100

Ethylene Oxide ...................................................................            75-21-8......................................................................................... 5000

Ethyleneimine .....................................................................          151-56-4......................................................................................... 1000

Fluorine ...............................................................................        7782-41-4......................................................................................... 1000

Formaldehyde (concentration 90%) ................................            50-00-0......................................................................................... 1000

Furan ....................................................................................          110-00-9 500

Hexafluoroacetone .............................................................          684-16-2......................................................................................... 5000

Hydrochloric Acid, Anhydrous ......................................        7647-01-0......................................................................................... 5000

Hydrofluoric Acid, Anhydrous .......................................        7664-39-3......................................................................................... 1000

Hydrogen Bromide ............................................................      10035-10-6......................................................................................... 5000

Hydrogen Chloride ............................................................        7647-01-0......................................................................................... 5000

Hydrogen Cyanide, Anhydrous ......................................            74-90-8......................................................................................... 1000

Hydrogen Fluoride ............................................................        7664-39-3......................................................................................... 1000

Hydrogen Peroxide (52% by weight or more) ................        7722-84-1......................................................................................... 7500

Hydrogen Selenide ............................................................        7783-07-5 150

Hydrogen Sulfide ...............................................................        7783-06-4......................................................................................... 1500

Hydroxylamine ...................................................................        7803-49-8......................................................................................... 2500

Iron, pentacarbonyl- ..........................................................      13463-40-6 250

Isopropyl Formate .............................................................          625-55-8 500

Isopropylamine ..................................................................            75-31-0......................................................................................... 5000

Ketene .................................................................................          463-51-4 100

Methacrylaldehyde ...........................................................            78-85-3......................................................................................... 1000

Methacryloyl Chloride ......................................................          920-46-7 150

Methacryloyloxyethyl Isocyanate ..................................      30674-80-7 100

Methyl Acrylonitrile ..........................................................          126-98-7 250

Methylamine, Anhydrous ................................................            74-89-5......................................................................................... 1000

Methyl Bromide .................................................................            74-83-9......................................................................................... 2500

Methyl Chloride .................................................................            74-87-3......................................................................................... 15000

Methyl Chloroformate .......................................................            79-22-1 500

Methyl Disulfide ................................................................          624-92-0 100

Methyl Ethyl Ketone Peroxide (concentration 60%).....        1336-23-4......................................................................................... 5000

Methyl Fluoroacetate ........................................................          453-18-9 100

Methyl Fluorosulfate ........................................................          421-20-5 100

Methyl Hydrazine ..............................................................            80-34-4 100

Methyl Iodide .....................................................................            74-88-4......................................................................................... 7500

Methyl Isocyanate ............................................................          624-83-9 250

Methyl Mercaptan .............................................................            74-93-1......................................................................................... 5000

Methyl Vinyl Ketone .........................................................            78-84-4 100

Methyltrichlorosilane ........................................................            75-79-6 500

Nickel Carbonyl (Nickel Tetracarbonyl) .........................      13463-39-3 150

Nitric Acid (94.5% by weight or greater) ........................        7697-37-2 500

Nitric Oxide .........................................................................      10102-43-9 250

Nitroaniline (para Nitroaniline) ......................    100-01-6.................................................................. 5000

 


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ê1993 Statutes of Nevada, Page 1633 (Chapter 466, AB 782)ê

 

Nitroaniline (para Nitroaniline) ........................................          100-01-6......................................................................................... 5000

Nitromethane ......................................................................            75-52-5......................................................................................... 2500

Nitrogen Dioxide ................................................................      10102-44-0 250

Nitrogen Oxides (NO; NO2; N2O4; N2O3).........................      10102-44-0 250

Nitrogen Tetroxide (also called Nitrogen Peroxide).......      10544-72-6 250

Nitrogen Trifluoride ...........................................................        7783-54-2......................................................................................... 5000

Nitrogen Trioxide ...............................................................      10544-73-7 250

Oleum (65% to 80% by weight; also called Fuming Sulfuric Acid)      ......................................................................................... 8014-94-7 1000

Osmium Tetroxide ..............................................................      20816-12-0 100

Oxygen Difluoride (Fluorine Monoxide) ........................        7783-41-7 100

Ozone ...................................................................................      10028-15-6 100

Pentaborane ........................................................................      19624-22-7 100

Peracetic Acid (also called Peroxyacetic Acid) .............            79-21-0......................................................................................... 5000

Perchloric Acid (concentration 60%) ..............................        7601-90-3......................................................................................... 5000

Perchloromethyl Mercaptan .............................................          594-42-3 150

Perchloryl Fluoride ............................................................        7616-94-6......................................................................................... 5000

Peroxyacetic Acid (Concentration 60%; also called Peracetic Acid)   79-21-0................................................................................. 5000

Phosgene (also called Carbonyl Chloride) .....................            75-44-5 100

Phosphine (hydrogen Phosphide)...................................        7803-51-2 100

Phosphorus Oxychloride (also called Phosphoryl Chloride)                ......................................................................................... 10025-87-3 1000

Phosphorus Trichloride ....................................................        7719-12-2......................................................................................... 1000

Phosphoryl Chloride (also called Phosphorus Oxychloride)                ......................................................................................... 10025-87-3 1000

Propargyl Bromide .............................................................          106-96-7......................................................................................... 7500

Propyl Nitrate .....................................................................            627-3-4......................................................................................... 2500

Sarin .....................................................................................          107-44-8 100

Selenium Hexafluoride .......................................................        7783-79-1......................................................................................... 1000

Stibine (Antimony Hydride) .............................................        7803-52-3 500

Sulfur Dioxide (liquid) .......................................................        7446-09-5......................................................................................... 1000

Sulfur Pentafluoride ...........................................................        5714-22-7 250

Sulfur Tetrafluoride ...........................................................        7783-60-0 250

Sulfur Trioxide (also called Sulfuric Anhydride) ...........        7446-11-9......................................................................................... 1000

Sulfuric Anhydride (also called Sulfur Trioxide) ...........        7446-11-9......................................................................................... 1000

Tellurium Hexafluoride ......................................................        7783-80-4 250

Tetrafluoroethylene ...........................................................          116-14-3......................................................................................... 5000

Tetrafluorohydrazine .........................................................      10036-47-2......................................................................................... 5000

Tetramethyl Lead ...............................................................            75-74-1......................................................................................... 7500

Thionyl Chloride ................................................................        7719-09-7 250

Trichloro(chloromethyl) Silane ........................................        1558-25-4 100

Trichloro(dichlorophenyl) Silane ....................................      21737-85-5......................................................................................... 2500

Trichlorosilane ...................................................................      10025-78-2......................................................................................... 5000

Trifluorochloroethylene ....................................................            79-38-9......................................................................................... 10000

Trimethyoxysilane .............................................................        2487-90-3......................................................................................... 1500

 

      2.  The division, in consultation with the health division of the department of human resources and the division of [enforcement for industrial safety and health of the department of] industrial relations of the department of business and industry shall regularly examine the sources of information available to it with regard to potentially highly hazardous substances.


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ê1993 Statutes of Nevada, Page 1634 (Chapter 466, AB 782)ê

 

health of the department of] industrial relations of the department of business and industry shall regularly examine the sources of information available to it with regard to potentially highly hazardous substances. The division shall, by regulation, add to the list of highly hazardous substances any chemical that is identified as being used, manufactured, stored, or capable of being produced, at a facility, in sufficient quantities at a single site, that its release into the environment would produce a significant likelihood that persons exposed would suffer death or substantial bodily harm as a consequence of the exposure.

      Sec. 475.  NRS 459.3820 is hereby amended to read as follows:

      459.3820  1.  The health division of the department of human resources, the division of [enforcement for industrial safety and health of the department of] industrial relations of the department of business and industry and any other governmental entity or agency of the state responsible for minimizing risks to persons and property posed by regulated facilities and hazardous substances shall submit to the division such reports as the division deems necessary to carry out the provisions of NRS 459.380 to 459.3874, inclusive. The reports must be submitted at such times and contain such information as required by the division.

      2.  The division shall adopt by regulation common reporting forms to be used by such governmental entities and agencies when reporting information related to hazardous substances and regulated facilities.

      3.  The division shall review the rules, regulations, standards, codes and safety orders of other governmental entities and agencies of the state responsible for minimizing risks to persons and property posed by regulated facilities and hazardous substances to ensure that they are sufficient to carry out the provisions of NRS 459.380 to 459.3874, inclusive.

      4.  If the division and any other governmental entity or agency of the state have coexisting jurisdiction over the regulation of regulated facilities or hazardous substances located at such facilities, the division has the final authority to take such actions as are necessary to carry out the provisions of NRS 459.380 to 459.3874, inclusive.

      Sec. 476.  NRS 459.3868 is hereby amended to read as follows:

      459.3868  1.  A committee shall conduct a comprehensive review and evaluation of the following with respect to each facility within its jurisdiction:

      (a) The degree of compliance with NRS 459.380 to 459.3874, inclusive, the applicable fire codes, the regulations, standards and safety orders of the division of [enforcement for industrial safety and health of the department of] industrial relations [,] of the department of business and industry, the rules, regulations and standards of the state environmental commission and any other standards adopted by the Federal Government, State of Nevada or local governments and their respective agencies for the health and safety of persons and property which may be at risk if those rules, regulations, standards, codes and safety orders are not complied with;

      (b) The effectiveness of the respective governmental entities and their agencies’ enforcement of their respective rules, regulations, standards, codes and safety orders; and


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ê1993 Statutes of Nevada, Page 1635 (Chapter 466, AB 782)ê

 

      (c) The adequacy and effectiveness of the plans for response to emergencies adopted for the area in which the facility is located in responding to risks posed to the persons and property located within the zone of risk.

      2.  A committee shall exercise its best efforts to facilitate cooperation among the various governmental entities and agencies responsible for minimizing risks to persons and property posed by the facility within its jurisdiction and the effective enforcement of the various governmental entities’ and agencies’ rules, regulations, standards, codes and safety orders. A committee shall cooperate to the extent necessary with other committees and governmental agencies to minimize the duplication of records, reports or other information.

      3.  A committee shall issue a final report of its comprehensive review and evaluation together with any recommendations. A committee shall make such interim reports as it or the governor may deem in the public interest. The division shall distribute the reports to the governor, members of the committee, local governments within the zone of risk, the various governmental agencies whose rules, regulations, standards, codes or safety orders were the subject of the committee’s review and evaluation, and the local media. Copies of the final written report must be made available to the public for purchase at cost of reproduction. All interim reports must be distributed forthwith in the same manner as annual written reports.

      Sec. 477.  NRS 459.742 is hereby amended to read as follows:

      459.742  The commission, in carrying out its duties and within the limits of legislative appropriations and other available money, may:

      1.  Enter into contracts, leases or other agreements or transactions;

      2.  Provide grants of money to local emergency planning committees to improve their ability to respond to emergencies involving hazardous materials;

      3.  Assist with the development of comprehensive plans for responding to such emergencies in this state;

      4.  Provide technical assistance and administrative support to the telecommunications division of the department of [general] information services for the development of systems for communication during such emergencies;

      5.  Provide technical and administrative support and assistance for training programs;

      6.  Develop a system to provide public access to data relating to hazardous materials; and

      7.  Support any activity or program eligible to receive money from the contingency fund for hazardous materials.

      Sec. 478.  NRS 461.065 is hereby amended to read as follows:

      461.065  “Division” means the manufactured housing division of the department of [commerce.] business and industry.

      Sec. 479.  NRS 461A.040 is hereby amended to read as follows:

      461A.040  “Division” means the manufactured housing division of the department of [commerce.] business and industry.

      Sec. 480.  NRS 461A.080 is hereby amended to read as follows:

      461A.080  Except as otherwise provided in NRS 461A.110, the provisions of this chapter shall be administered by the division, subject to administrative supervision by the director of the department of [commerce.]


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ê1993 Statutes of Nevada, Page 1636 (Chapter 466, AB 782)ê

 

supervision by the director of the department of [commerce.] business and industry.

      Sec. 481.  NRS 463.028 is hereby amended to read as follows:

      463.028  1.  The commission shall keep its main office at Carson City, Nevada, in conjunction with the board in rooms provided by the buildings and grounds division of the department of [general services.] administration.

      2.  The commission may, in its discretion, maintain a branch office in Las Vegas, Nevada, or at any other place in this state, in space to be provided by the buildings and grounds division.

      Sec. 482.  NRS 463.100 is hereby amended to read as follows:

      463.100  1.  The board shall keep its main office at Carson City, Nevada, in conjunction with the commission in rooms provided by the buildings and grounds division of the department of [general services.] administration.

      2.  The board may, in its discretion, maintain a branch office in Las Vegas, Nevada, or at any other place in this state, in space to be provided by the buildings and grounds division.

      Sec. 483.  NRS 467.020 is hereby amended to read as follows:

      467.020  1.  The Nevada athletic commission, consisting of five members appointed by the governor, is hereby created [.] within the department of business and industry.

      2.  Three members of the commission constitute a quorum for the exercise of the authority conferred upon the commission, and a concurrence of at least three of the members is necessary to render a choice or a decision by the commission.

      3.  A member shall not at any time during his service as a member of the commission promote or sponsor any contest or exhibition of unarmed combat, or combination of those events, or have any financial interest in the promotion or sponsorship of those contests or exhibitions.

      Sec. 484.  NRS 477.010 is hereby amended to read as follows:

      477.010  1.  The state fire marshal division is hereby established in the department of [commerce.] motor vehicles and public safety.

      2.  The division consists of the fire protection and control section, the fire investigation section, the public education section, the fire service training section and the fire data section.

      Sec. 485.  NRS 477.013 is hereby amended to read as follows:

      477.013  1.  The director of the department of motor vehicles and public safety shall consult the state board of fire services and appoint the state fire marshal from the list of candidates presented by the board. The chief of the state fire marshal division is the state fire marshal.

      2.  The state fire marshal may appoint, within the limits of legislative appropriations, an assistant, deputies and such staff as is necessary to the performance of his duties.

      [2.]3.  The assistant, deputies and additional personnel appointed by the state fire marshal are in the classified service of the state.

      Sec. 486.  NRS 477.020 is hereby amended to read as follows:

      477.020  1.  The state board of fire services, consisting of eight members appointed by the governor, is hereby created.

      2.  The governor shall appoint:

      (a) A licensed architect;


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ê1993 Statutes of Nevada, Page 1637 (Chapter 466, AB 782)ê

 

      (b) A chief of a volunteer fire department;

      (c) A chief of a full-time, paid fire department;

      (d) A professional engineer;

      (e) The state forester firewarden;

      (f) A training officer of a volunteer fire department;

      (g) A training officer of a partially or fully paid fire department; and

      (h) A specialist in hazardous materials,

to the board. No member other than the state forester firewarden may serve for more than two consecutive terms.

      3.  The board shall select a chairman from among its members to serve for 1 year. The state fire marshal shall serve as the secretary of the board.

      4.  The board may meet regularly at least twice each year or on the call of the chairman, the secretary or any three members.

      5.  The members of the board, except the state forester firewarden, are entitled to receive a salary of $60 for each day’s attendance at a meeting of the board.

      6.  The board shall make recommendations to the state fire marshal and to the legislature concerning necessary legislation in the field of fire fighting and fire protection. When requested to do so by the director of the department of [commerce,] motor vehicles and public safety, the board shall recommend to him not fewer than three persons for appointment as state fire marshal.

      7.  The board shall advise the state fire marshal on matters relating to the training of firemen.

      Sec. 487.  Chapter 481 of NRS is hereby amended by adding thereto a new section to read as follows:

      Money collected or received by:

      1.  The division of emergency management pursuant to chapter 414 of NRS;

      2.  The state fire marshal division pursuant to chapter 477 of NRS; and

      3.  The division of parole and probation pursuant to chapter 176 or 213 of NRS,

must be deposited with the state treasurer for credit to the appropriate accounts of the respective divisions.

      Sec. 488.  NRS 481.023 is hereby amended to read as follows:

      481.023  Except as otherwise provided therein, the department shall execute, administer and enforce, and perform the functions and duties provided in:

      1.  Title 43 of NRS relating to vehicles.

      2.  Chapter 706 of NRS relating to licensing of motor vehicle carriers and the use of public highways by those carriers.

      3.  Chapter 366 of NRS relating to imposition and collection of taxes on special fuels used for motor vehicles.

      4.  [NRS 233F.010 to 233F.170, inclusive, relating to the state communications system.

      5.]  Chapter 453 of NRS relating to controlled substances and chapter 454 of NRS relating to dangerous drugs.

      [6.]5.  Chapter 459 of NRS relating to the transportation of hazardous materials.

      6.  Chapter 414 of NRS relating to emergency management.


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ê1993 Statutes of Nevada, Page 1638 (Chapter 466, AB 782)ê

 

      7.  Chapter 477 of NRS relating to the state fire marshal.

      8.  Chapters 176 and 213 of NRS relating to parole and probation.

      Sec. 489.  NRS 481.054 is hereby amended to read as follows:

      481.054  The following officers and employees of state and local government must be certified by the committee:

      1.  The bailiff of the supreme court;

      2.  The bailiffs of the district courts, justices’ courts and municipal courts whose duties require them to carry weapons and make arrests;

      3.  Sheriffs of counties and of metropolitan police departments, their deputies and correctional officers;

      4.  Constables and their deputies whose official duties require them to carry weapons and make arrests;

      5.  Personnel of the Nevada highway patrol appointed to exercise the police powers specified in NRS 481.150 and 481.180;

      6.  Inspectors employed by the public service commission of Nevada who exercise those powers of enforcement conferred by chapters 704, 705 and 706 of NRS;

      7.  Marshals, policemen and correctional officers of cities and towns;

      8.  Parole and probation officers;

      9.  Special investigators who are employed full time by the office of any district attorney or the attorney general;

      10.  Investigators of arson for fire departments who are specially designated by the appointing authority;

      11.  Members of the police department of the University of Nevada System;

      12.  The assistant and deputies of the state fire marshal;

      13.  The brand inspectors of the [state department] division of agriculture of the department of business and industry who exercise the powers of enforcement conferred in chapter 565 of NRS;

      14.  Investigators for the state forester firewarden who are specially designated by him and whose primary duties are the investigation of arson;

      15.  The superintendents and correctional officers of the department of prisons;

      16.  Employees of the division of state parks of the state department of conservation and natural resources designated by the administrator of the division who exercise police powers specified in NRS 407.065;

      17.  School police officers employed by the board of trustees of the county school district;

      18.  Agents of the state gaming control board who:

      (a) Exercise the powers of enforcement specified in NRS 463.140 or 463.1405; or

      (b) Investigate a violation of a provision of chapter 205 of NRS in the form of a crime against property of a gaming licensee,

except those agents whose duties relate primarily to auditing, accounting, the collection of taxes or license fees, or the investigation of applicants for licenses;

      19.  The chief, investigators and agents of the investigation division of the department of motor vehicles and public safety;


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ê1993 Statutes of Nevada, Page 1639 (Chapter 466, AB 782)ê

 

      20.  Investigators and administrators of the bureau of enforcement of the registration division of the department of motor vehicles and public safety who exercise the police powers specified in NRS 481.048;

      21.  Officers and investigators of the section for the control of emissions from vehicles of the registration division of the department of motor vehicles and public safety who exercise the police powers specified in NRS 481.0481;

      22.  The personnel of the [department of wildlife] division of wildlife of the state department of conservation and natural resources who exercise those powers of enforcement conferred by Title 45 and chapter 488 of NRS;

      23.  Legislative police officers of the State of Nevada;

      24.  Police officers of the buildings and grounds division of the department of general services;

      25.  Parole counselors of the division of child and family services of the department of human resources;

      26.  Juvenile probation officers and deputy juvenile probation officers employed by the various judicial districts in Nevada whose official duties require them to enforce court orders on juvenile offenders and make arrests;

      27.  Field investigators of the taxicab authority; and

      28.  Security officers employed full time by a city or county whose official duties require them to carry weapons and make arrests.

      Sec. 490.  NRS 481.055 is hereby amended to read as follows:

      481.055  1.  The department shall keep its main office at Carson City, Nevada, in rooms provided by the buildings and grounds division of the department of [general services.] administration.

      2.  The department may maintain such branch offices throughout the state as the director may deem necessary to the efficient operation of the department and the various divisions thereof. The director is authorized, on behalf of the department, to enter into such leases or other agreements as may be necessary to the establishment of such branch offices.

      Sec. 491.  NRS 481.067 is hereby amended to read as follows:

      481.067  1.  The department may include:

      (a) A registration division.

      (b) A drivers’ license division.

      (c) A Nevada highway patrol division and communications subdivision.

      (d) An administrative services division.

      (e) An investigation division.

      (f) A division of emergency management.

      (g) A state fire marshal division.

      (h) A division of parole and probation.

      (i) Such other divisions as the director may from time to time establish.

      2.  Before he reorganizes the department, the director shall obtain the approval of:

      (a) The legislature, if it is in regular session; or

      (b) The interim finance committee, if the legislature is not in regular session.

      Sec. 492.  NRS 481.071 is hereby amended to read as follows:

      481.071  1.  Any change in the organization of the department may include the divisions, functions and responsibilities described in subsection 2 but must not include those described in paragraph (e) or (h) of that subsection.


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ê1993 Statutes of Nevada, Page 1640 (Chapter 466, AB 782)ê

 

but must not include those described in paragraph (e) or (h) of that subsection.

      2.  Unless the organization of the department is changed by the director, the primary functions and responsibilities of the specified divisions of the department are as follows:

      (a) The registration division shall:

             (1) Execute, administer and enforce the provisions of chapter 482 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 482 of NRS and the provisions of any other laws;

             (2) Execute and administer the laws relative to the licensing of motor vehicle carriers and the use of public highways by those carriers as contained in chapter 706 of NRS;

             (3) Perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 706 of NRS and the provisions of any other laws;

             (4) Execute and administer the provisions of chapter 366 of NRS, relating to imposition and collection of taxes on special fuels used for motor vehicles; and

             (5) Perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 366 of NRS and the provisions of any other laws.

      (b) The drivers’ license division shall execute, administer and enforce the provisions of chapter 483 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 483 of NRS and the provisions of any other laws.

      (c) The administrative services division shall furnish fiscal and accounting services to the director and the various divisions and advise and assist the director and the various divisions in carrying out their functions and responsibilities.

      (d) The investigation division shall execute, administer and enforce the provisions of chapter 453 of NRS relating to controlled substances and chapter 454 of NRS relating to dangerous drugs, and perform such duties and exercise such powers as may be conferred upon it pursuant to this chapter and any other laws.

      (e) The Nevada highway patrol division shall execute, administer and enforce the provisions of chapter 484 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to NRS 481.180 and the provisions of any other laws.

      (f) The division of emergency management shall execute, administer and enforce the provisions of chapter 414 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 414 of NRS and the provisions of any other laws.

      (g) The state fire marshal division shall execute, administer and enforce the provisions of chapter 477 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 477 of NRS and the provisions of any other laws.

      (h) The division of parole and probation shall execute, administer and enforce the provisions of chapters 176 and 213 of NRS relating to parole and probation and perform such duties and exercise such powers as may be conferred upon it pursuant to those chapters and the provisions of any other law.


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ê1993 Statutes of Nevada, Page 1641 (Chapter 466, AB 782)ê

 

      Sec. 493.  NRS 481.083 is hereby amended to read as follows:

      481.083  1.  Except for the operation of the peace officers’ standards and training committee , [and] the investigation division, the division of emergency management, the state fire marshal division and the division of parole and probation, money for the administration of the provisions of this chapter must be provided by direct legislative appropriation from the state highway fund upon the presentation of budgets in the manner required by law.

      2.  All money provided for the support of the department and its various divisions must be paid out on claims approved by the director in the same manner as other claims against the state are paid.

      Sec. 494.  NRS 481.087 is hereby amended to read as follows:

      481.087  1.  The expenses incurred in the administration of this chapter and in the administration of the powers and duties provided in this chapter shall be deemed to be a cost of administration with respect to the operation of motor vehicles upon the public highways of this state.

      2.  The provisions of subsection 1 do not apply to the expenses incurred in the administration of:

      (a) The investigation division;

      (b) The division of emergency management;

      (c) The state fire marshal division; and

      (d) The division of parole and probation.

      Sec. 495.  NRS 481.147 is hereby amended to read as follows:

      481.147  No pay for holding himself ready for duty may be authorized for a cadet attending an authorized training academy [of the Nevada highway patrol] for which room and board is provided at no cost to the cadet.

      Sec. 496.  NRS 482.368 is hereby amended to read as follows:

      482.368  1.  Except as otherwise provided in subsection 2, the department shall provide suitable distinguishing license plates for exempt vehicles. These plates must be displayed on the vehicles in the same manner as provided for privately owned vehicles. The fee for the issuance of the plates is $5. Any license plates authorized by this section must be immediately returned to the department when the vehicle for which they were issued ceases to be used exclusively for the purpose for which it was exempted from the privilege and use tax.

      2.  License plates furnished for:

      (a) Those automobiles which are maintained for and used by the governor or under the authority and direction of the chief parole and probation officer, the state contractors’ board and auditors, the state fire marshal, the investigation division of the department and any authorized federal or out-of-state law enforcement agency;

      (b) One automobile used by the department of prisons, three automobiles used by the [department of wildlife,] division of wildlife of the state department of conservation and natural resources, two automobiles used by the Caliente youth center and four automobiles used by the Nevada youth training center;

      (c) Vehicles of a city, county or the state, except any assigned to the state industrial insurance system, if authorized by the department for purposes of law enforcement or work related thereto or such other purposes as are approved upon proper application and justification; and


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ê1993 Statutes of Nevada, Page 1642 (Chapter 466, AB 782)ê

 

      (d) Automobiles maintained for and used by investigators of the following:

             (1) The state gaming control board;

             (2) The division of [brand inspection of the state department of agriculture;] agriculture of the department of business and industry;

             (3) The attorney general;

             (4) City or county juvenile officers;

             (5) District attorneys’ offices;

             (6) Public administrators’ offices;

             (7) Public guardians’ offices;

             (8) Sheriffs’ offices; and

             (9) Police departments in the state,

must not bear any distinguishing mark which would serve to identify the automobiles as owned by the state, county or city. These license plates must be issued annually for $12 per plate or, if issued in sets, per set.

      3.  The director may enter into agreements with departments of motor vehicles of other states providing for exchanges of license plates of regular series for automobiles maintained for and used by investigators of the law enforcement agencies enumerated in paragraph (d) of subsection 2, subject to all of the requirements imposed by that paragraph, except that the fee required by that paragraph must not be charged.

      4.  Applications for the licenses must be made through the head of the department, board, bureau, commission, school district or irrigation district, or through the chairman of the board of county commissioners of the county or town or through the mayor of the city, owning or controlling the vehicles, and no plate or plates may be issued until a certificate has been filed with the department showing that the name of the department, board, bureau, commission, county, city, town, school district or irrigation district, as the case may be, and the words “For Official Use Only” has been permanently and legibly affixed to each side of the vehicle, except those automobiles enumerated in subsection 2.

      5.  As used in this section, “exempt vehicle” means a vehicle exempt from the privilege tax, except one owned by the United States.

      6.  The department shall adopt regulations governing the use of all license plates provided for in this section. Upon a finding by the department of any violation of its regulations, it may revoke the violator’s privilege of registering vehicles pursuant to this section.

      Sec. 497.  NRS 484.3794 is hereby amended to read as follows:

      484.3794  1.  A person who is found guilty of a first or second violation of NRS 484.379 within 7 years may, at that time or any time until he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse for at least 1 year if:

      (a) He is classified as an alcoholic or abuser of drugs by a:

             (1) Counselor certified to make that classification by the bureau of alcohol and drug abuse of the rehabilitation division of the department of [human resources;] employment, training and rehabilitation; or

             (2) Physician certified to make that classification by the board of medical examiners;

      (b) He agrees to pay the costs of the treatment; and

      (c) He has served or will serve a term of imprisonment in jail of:


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ê1993 Statutes of Nevada, Page 1643 (Chapter 466, AB 782)ê

 

             (1) One day, or has performed or will perform 24 hours of work for the community, if it is his first offense within 7 years; or

             (2) Five days if it is his second offense within 7 years.

      2.  A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the matter. The court shall order a hearing on the application if the prosecuting attorney requests it or may order a hearing on its own motion.

      3.  At the hearing on the application for treatment the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before it.

      4.  In granting an application for treatment the court shall:

      (a) Immediately sentence the offender and enter judgment accordingly.

      (b) Suspend the sentence for not more than 3 years upon the condition that the offender be accepted for treatment by a facility approved by the state, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.

      (c) Advise the offender that:

             (1) If he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.

             (2) If he is not accepted for treatment by such a facility or fails to complete the treatment satisfactorily, he shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.

             (3) If he completes the treatment satisfactorily, his sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum provided for the offense in NRS 484.3792, but the conviction remains on his record of criminal history.

      5.  The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:

      (a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment not provided in this section.

      (b) May immediately revoke the suspension of sentence for a violation of any condition of the suspension.

      6.  The court shall notify the department, on a form approved by the department, upon granting the offender’s application for treatment and his failure to be accepted for or complete treatment.

      Sec. 498.  NRS 484.3796 is hereby amended to read as follows:

      484.3796  1.  Before sentencing an offender pursuant to NRS 484.3795 or paragraph (c) of subsection 1 of NRS 484.3792, the court shall require that the offender be evaluated to determine whether he is an abuser of alcohol or drugs and whether he can be treated successfully for his condition.

      2.  The evaluation must be conducted by:

      (a) A counselor certified to make such an evaluation by the bureau of alcohol and drug abuse of the rehabilitation division of the department of [human resources;] employment, training and rehabilitation; or


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ê1993 Statutes of Nevada, Page 1644 (Chapter 466, AB 782)ê

 

      (b) A physician certified to make such an evaluation by the board of medical examiners.

      3.  The counselor or physician who conducts the evaluation shall immediately forward the results of the evaluation to the director of the department of prisons.

      Sec. 499.  NRS 487.002 is hereby amended to read as follows:

      487.002  1.  As used in this section:

      (a) “Commissioner” means the commissioner of insurance.

      (b) “Department” means the department of motor vehicles and public safety.

      2.  The advisory board on automotive affairs, consisting of seven members appointed by the governor, is hereby created within the [department of insurance.] division of insurance of the department of business and industry.

      3.  The governor shall appoint to the board one representative of:

      (a) The commissioner;

      (b) The department;

      (c) Licensed operators of body shops;

      (d) Licensed automobile wreckers;

      (e) Insurers of motor vehicles;

      (f) Automobile manufacturers; and

      (g) The general public.

      4.  After the initial terms, each member of the board serves a term of 4 years. The members of the board shall annually elect from among their number a chairman and a vice chairman. The commissioner shall provide secretarial services for the board.

      5.  The board shall meet regularly at least twice each year and may meet at other times upon the call of the chairman. Each member of the board is entitled to the per diem allowance and travel expenses provided for state officers and employees generally.

      6.  Not less than 30 days before the adoption by the commissioner or the department of any regulation pursuant to subsection 7 or otherwise relating to the operation of body shops or automobile wreckers, the commissioner or the director, as appropriate, shall submit the proposed regulation to the board for its review and comment.

      7.  The commissioner and the department, jointly, shall adopt and the board may propose, pursuant to NRS 233B.100, regulations to the appropriate agency concerning:

      (a) The use of new or used parts for the repair of motor vehicles and parts that are not manufactured by the manufacturers of the motor vehicles for which they are used.

      (b) The survey methodology that may be used by an insurer to ascertain prevailing charges for the repair of a motor vehicle.

      (c) The preferred use of a business which repairs motor vehicles by an insurer of motor vehicles.

      Sec. 500.  NRS 487.007 is hereby amended to read as follows:

      487.007  As used in this chapter the term “state agency” means:

      1.  The manufactured housing division of the department of [commerce] business and industry with regard to mobile homes and commercial coaches.


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ê1993 Statutes of Nevada, Page 1645 (Chapter 466, AB 782)ê

 

      2.  The department of motor vehicles and public safety with regard to all other vehicles subject to registration under the laws of this state.

      Sec. 501.  NRS 487.230 is hereby amended to read as follows:

      487.230  1.  Any sheriff, constable, member of the Nevada highway patrol, investigator of the bureau of enforcement of the registration division of the department, designated employees of the manufactured housing division of the department of [commerce,] business and industry, special investigator employed by the office of any district attorney or marshal or policeman of any city or town who has reason to believe that a vehicle has been abandoned on public property in his jurisdiction may remove the vehicle from that property. At the request of the owner or person in possession or control of any private property who has reason to believe that a vehicle has been abandoned on his property, the vehicle may be removed by the operator of a tow car or an automobile wrecker from that private property.

      2.  Any person who authorizes the removal of an abandoned vehicle pursuant to subsection 1 shall:

      (a) Have the vehicle taken to the nearest garage or other place designated for storage by:

             (1) The state agency or political subdivision making the request, if the vehicle is removed from public property.

             (2) The owner or person in possession of the property, if the vehicle is removed from private property.

      (b) Make all practical inquires to ascertain if the vehicle is stolen by checking the license plate number, vehicle identification number and any other available information which will aid in identifying the registered and legal owner of the vehicle and supply the information to the person who is storing the vehicle.

      Sec. 502.  NRS 488.065 is hereby amended to read as follows:

      488.065  1.  Every motorboat on the waters of this state must be numbered and titled, except as otherwise provided in subsection 4 and NRS 488.175.

      2.  Upon receipt of an original application for a certificate of ownership or for transfer of a certificate of ownership on an undocumented motorboat, the [department of wildlife] division of wildlife of the state department of conservation and natural resources may assign an appropriate builder’s hull number to the motorboat whenever there is no builder’s number thereon, or when the builder’s number has been destroyed or obliterated. The builder’s number must be permanently marked on an integral part of the hull which is accessible for inspection.

      3.  A person shall not operate or give permission for the operation of any motorboat on the waters of this state unless:

      (a) The motorboat is numbered in accordance with the provisions of this chapter, with applicable federal law or with the federally approved numbering system of another state;

      (b) The certificate of number awarded to the motorboat is in effect;

      (c) The identifying number set forth in the certificate of number is displayed on each side of the bow of the motorboat; and

      (d) A valid certificate of ownership has been issued to the owner of any motorboat required to be numbered under this chapter.


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ê1993 Statutes of Nevada, Page 1646 (Chapter 466, AB 782)ê

 

      4.  Any person who purchases or otherwise owns a motorboat before January 1, 1972, is not required to obtain title for the motorboat until he transfers any portion of his ownership in the motorboat to another person.

      Sec. 503.  NRS 488.075 is hereby amended to read as follows:

      488.075  1.  The owner of each motorboat requiring numbering by this state shall file an application for a number and for a certificate of ownership with the [department of wildlife] division of wildlife of the state department of conservation and natural resources on forms approved by it accompanied by:

      (a) Proof of payment of Nevada sales or use tax as evidenced by proof of sale by a Nevada dealer or by a certificate of use tax paid issued by the department of taxation, or by proof of exemption from those taxes as provided in NRS 372.320.

      (b) Such evidence of ownership as the [department] division of wildlife may require.

The [department] division of wildlife shall not issue a number, a certificate of number or a certificate of ownership until this evidence is presented to it.

      2.  The application must be signed by the owner of the motorboat and must be accompanied by a fee of $5 for the certificate of ownership and a fee according to the following schedule as determined by the straight line length which is measured from the tip of the bow to the back of the transom of the motorboat:

 

Less than 13 feet.................................................................................. $10

13 feet or more but less than 18 feet.................................................... 15

18 feet or more but less than 22 feet.................................................... 30

22 feet or more but less than 26 feet.................................................... 45

26 feet or more but less than 31 feet.................................................... 60

31 feet or more ....................................................................................... 75

 

Except as otherwise provided in this subsection, all fees received by the [department] division of wildlife under the provisions of this chapter must be deposited in the wildlife account in the state general fund and may be expended only for the administration and enforcement of the provisions of this chapter. On or before December 31 of each year, the [department] division of wildlife shall deposit with the respective county school districts 50 percent of each fee collected according to the motorboat’s length for every motorboat registered from their respective counties. Upon receipt of the application in approved form, the [department] division of wildlife shall enter the application upon the records of its office and issue to the applicant a certificate of number stating the number awarded to the motorboat, a certificate of ownership stating the same information and the name and address of the registered owner and the legal owner.

      3.  The owner shall paint on or attach to each side of the bow of the motorboat the identification number in such manner as may be prescribed by regulations of the commission in order that the number may be clearly visible. The number must be maintained in legible condition.

      4.  The certificate of number must be pocket size and must be available at all times for inspection on the motorboat for which issued, whenever the motorboat is in operation.


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ê1993 Statutes of Nevada, Page 1647 (Chapter 466, AB 782)ê

 

      5.  The commission shall provide by regulation for the issuance of numbers to manufacturers and dealers which may be used interchangeably upon motorboats operated by the manufacturers and dealers in connection with the demonstration, sale or exchange of those motorboats. The fee for each such number is $7.50.

      Sec. 504.  NRS 488.105 is hereby amended to read as follows:

      488.105  If an agency of the United States Government has in force an overall system of identification numbering for motorboats within the United States, the numbering system employed pursuant to the provisions of this chapter by the [department of wildlife] division of wildlife of the state department of conservation and natural resources must be in conformity therewith.

      Sec. 505.  NRS 488.115 is hereby amended to read as follows:

      488.115  1.  The [department of wildlife] division of wildlife of the state department of conservation and natural resources may award any certificate of number directly or may authorize any person to act as agent for the awarding thereof. If a person accepts the authorization, he may be assigned a block of numbers and certificates therefor which upon award, in conformity with the provisions of this chapter and with any regulations of the commission, is valid as if awarded directly by the [department] division of wildlife. At the time an agent forwards the money collected to the [department] division of wildlife he may retain the amount set by the [department] division of wildlife for awarding certificates of number, which must not exceed 10 percent of the money collected nor more than 25 cents per certificate of number in any instance.

      2.  All records of the [department] division of wildlife made or kept pursuant to this section are public records.

      Sec. 506.  NRS 488.135 is hereby amended to read as follows:

      488.135  The [department of wildlife] division of wildlife of the state department of conservation and natural resources shall fix a day and month of the year on which certificates of number due to expire during the calendar year lapse unless renewed pursuant to the provisions of this chapter.

      Sec. 507.  NRS 488.145 is hereby amended to read as follows:

      488.145  1.  The owner shall furnish the [department of wildlife] division of wildlife of the state department of conservation and natural resources notice of the destruction or abandonment of any motorboat numbered under this chapter, within 10 days thereof.

      2.  Such destruction or abandonment terminates the certificate of number for the motorboat.

      Sec. 508.  NRS 488.155 is hereby amended to read as follows:

      488.155  1.  Any holder of a certificate of number and a certificate of ownership shall notify the [department of wildlife] division of wildlife of the state department of conservation and natural resources within 10 days, if his address no longer conforms to the address appearing on the certificates and shall, as a part of the notification, furnish the [department] division of wildlife with his new address.

      2.  The commission may provide in its regulations for the surrender of the certificates bearing the former address and its replacement with new certificates bearing the new address or for the alteration of outstanding certificates to show the new address of the holder.


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ê1993 Statutes of Nevada, Page 1648 (Chapter 466, AB 782)ê

 

      Sec. 509.  NRS 488.171 is hereby amended to read as follows:

      488.171  1.  A person shall not:

      (a) Intentionally deface, destroy, remove or alter any hull number required for a vessel without written authorization from the [department of wildlife;] division of wildlife of the state department of conservation and natural resources; or

      (b) Place or stamp any serial number upon a vessel except a number assigned to the vessel by the [department.] division of wildlife.

      2.  This section does not prohibit:

      (a) The restoration of the original hull number by an owner of a vessel when the restoration is authorized by the [department;] division of wildlife; or

      (b) Any manufacturer from placing numbers or marks in the ordinary course of business upon new vessels or parts of vessels.

      3.  The [department] division of wildlife shall, upon request, assign a hull number to any handmade vessel.

      4.  Any person who violates subsection 1 is guilty of a gross misdemeanor.

      Sec. 510.  NRS 488.175 is hereby amended to read as follows:

      488.175  1.  Except as otherwise provided in subsection 2, a motorboat need not be numbered pursuant to the provisions of this chapter if it is:

      (a) Already covered by a number in effect which has been awarded or issued to it pursuant to federal law or a federally approved numbering system of another state if the boat has not been on the waters of this state for a period in excess of 90 consecutive days.

      (b) A motorboat from a country other than the United States temporarily using the waters of this state.

      (c) A public vessel of the United States, a state or a political subdivision of a state.

      (d) A ship’s lifeboat.

      (e) A motorboat belonging to a class of boats which has been exempted from numbering by the [department of wildlife after it has found that] division of wildlife of the state department of conservation and natural resources after the division has found:

             (1) That the numbering of motorboats of that class will not materially aid in their identification; and [, if]

             (2) If an agency of the Federal Government has a numbering system applicable to the class of motorboats to which the motorboat in question belongs, [after the department of wildlife has further found] that the motorboat would also be exempt from numbering if it were subject to the federal law.

      2.  The [department] division of wildlife may, by regulation, provide for the issuance of exempt numbers for motorboats not required to be registered under the provisions of this chapter.

      3.  A motorboat need not be titled pursuant to the provisions of this chapter, if it is already covered by a certificate of ownership which has been awarded or issued to it pursuant to the title system of another state.

      Sec. 511.  NRS 488.1793 is hereby amended to read as follows:

      488.1793  Except as otherwise provided for the creation or transfer of a security interest, no transfer of title to or any interest in any motorboat required to be numbered under this chapter is effective until one of the following conditions is fulfilled:

 


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ê1993 Statutes of Nevada, Page 1649 (Chapter 466, AB 782)ê

 

required to be numbered under this chapter is effective until one of the following conditions is fulfilled:

      1.  The transferor has properly endorsed and delivered the certificate of ownership and has delivered the certificate of number to the transferee as provided in this chapter, and the transferee has, within the prescribed time, delivered the documents to the [department of wildlife] division of wildlife of the state department of conservation and natural resources or placed them in the United States mail addressed to the [department] division of wildlife with the transfer fee.

      2.  The transferor has delivered to the [department] division of wildlife or placed in the United States mail addressed to the [department] division of wildlife the appropriate documents for the transfer of ownership pursuant to the sale or transfer.

      Sec. 512.  NRS 488.1795 is hereby amended to read as follows:

      488.1795  Upon receipt of a properly endorsed certificate of ownership and the certificate of number of any motorboat, the transferee shall within 10 days file the certificates accompanied by a fee of $5 with the [department of wildlife] division of wildlife of the state department of conservation and natural resources and thereby make application for a new certificate of ownership and a new certificate of number.

      Sec. 513.  NRS 488.1797 is hereby amended to read as follows:

      488.1797  1.  Before the issuance of any certificate of ownership, the [department of wildlife] division of wildlife of the state department of conservation and natural resources shall obtain a statement in writing signed by the transferee or transferor, showing:

      (a) The date of the sale or other transfer of ownership of the motorboat.

      (b) The name and address of the seller or transferor.

      (c) The name and address of the buyer or transferee.

      2.  Upon receipt of the properly endorsed certificate of ownership, the certificate of number and the required fee and statement of information, the [department] division of wildlife shall issue a new certificate of ownership and a new certificate of number to the transferee. The previous number may be reassigned to the transferee.

      Sec. 514.  NRS 488.1801 is hereby amended to read as follows:

      488.1801  Any owner of any motorboat numbered under this chapter who sells or transfers his title or any interest in the motorboat shall within 10 days notify the [department of wildlife] division of wildlife of the state department of conservation and natural resources of the sale or transfer and furnish the following information:

      1.  The name and address of the legal owner and transferee; and

      2.  Such description of the motorboat as may be required by the [department] division of wildlife.

      Sec. 515.  NRS 488.1803 is hereby amended to read as follows:

      488.1803  Any dealer upon transferring by sale, lease or otherwise any motorboat, whether new or used, required to be numbered under this chapter, shall give written notice of the transfer to the [department of wildlife] division of wildlife of the state department of conservation and natural resources upon an appropriate form provided by it. The notice must be given within 3 days after the sale, but a dealer need not give the notice when selling or transferring a new unnumbered motorboat to another dealer.


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ê1993 Statutes of Nevada, Page 1650 (Chapter 466, AB 782)ê

 

days after the sale, but a dealer need not give the notice when selling or transferring a new unnumbered motorboat to another dealer.

      Sec. 516.  NRS 488.1813 is hereby amended to read as follows:

      488.1813  1.  If a certificate of ownership is lost, stolen, damaged or mutilated, an application for transfer may be made upon a form provided by the [department of wildlife] division of wildlife of the state department of conservation and natural resources for a duplicate certificate of ownership. The transferor shall write his signature and address in the appropriate spaces provided upon the application and file it together with the proper fees for duplicate certificate of ownership and transfer.

      2.  The [department] division of wildlife may receive the application and examine into the circumstances of the case and may require the filing of affidavits or other information, and when the [department] division of wildlife is satisfied that the applicant is entitled to a transfer of ownership, it may transfer the ownership of the motorboat, and issue a new certificate of ownership, and certificate of number to the person found to be entitled thereto.

      Sec. 517.  NRS 488.1823 is hereby amended to read as follows:

      488.1823  1.  No security interest in any motorboat required to be numbered under this chapter, whether the number was awarded before or after the creation of the security interest, is perfected until the secured party or his successor or assignee has deposited with the [department of wildlife] division of wildlife of the state department of conservation and natural resources a properly endorsed certificate of ownership to the motorboat subject to the security interest.

      2.  The certificate must show the secured party as legal owner if the motorboat is then numbered under this chapter, or if not so numbered, the registered owner shall file an initial application for a certificate of number and for a certificate of ownership and the certificate of ownership issued thereunder must contain the name and address of the legal owner.

      3.  Upon compliance with subsections 1 and 2, the security interest is perfected and the records of the [department] division of wildlife must show the secured party or his successor or assignee as the legal owner of the motorboat.

      Sec. 518.  NRS 488.1827 is hereby amended to read as follows:

      488.1827  The [department of wildlife] division of wildlife of the state department of conservation and natural resources may suspend or revoke any certificate of ownership, certificate of number or number of any motorboat if it is satisfied that any such certificate or number was fraudulently obtained, or that the appropriate fee was not paid.

      Sec. 519.  NRS 488.195 is hereby amended to read as follows:

      488.195  1.  The exhaust of every internal combustion engine used on any motorboat must be effectively muffled by equipment so constructed and used as to muffle the noise of the exhaust in a reasonable manner.

      2.  The use of cutouts is prohibited.

      3.  Subsections 1 and 2 do not apply to:

      (a) Motorboats competing in a regatta or boat race approved as provided in NRS 488.305;


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ê1993 Statutes of Nevada, Page 1651 (Chapter 466, AB 782)ê

 

      (b) Such motorboats while on trial runs between the hours of 9 a.m. and 5 p.m. and during a period not to exceed 48 hours immediately preceding the regatta or boat race;

      (c) Such motorboats while competing in official trials for speed records during a period not to exceed 48 hours immediately following the regatta or boat race; or

      (d) Any motorboat operating under a separate permit issued by the [department of wildlife] division of wildlife of the state department of conservation and natural resources for tuning engines, making test or trial runs or competing in official trials for speed records other than in connection with regattas or boat races.

      4.  The [department] division of wildlife shall issue permits for the purposes enumerated in paragraph (a) of subsection 3, under such conditions and restrictions as the commission determines necessary to prevent a public nuisance and to assure the public safety. The commission may adopt regulations to carry out the provisions of this subsection.

      Sec. 520.  NRS 488.197 is hereby amended to read as follows:

      488.197  1.  No vessel may be equipped with nor shall any person use or install upon a vessel a siren, except as otherwise provided in this chapter.

      2.  Any authorized emergency vessel, when approved by the [department of wildlife,] division of wildlife of the state department of conservation and natural resources, may be equipped with a siren capable of sound audible under normal conditions from a distance of not less than 500 feet, but the siren must not be used except if the vessel is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which event the operator of the vessel shall sound the siren when necessary to warn persons of the approach thereof.

      Sec. 521.  NRS 488.215 is hereby amended to read as follows:

      488.215  1.  The operator of a vessel involved in a collision, accident or other casualty shall, so far as he can do so without serious danger to his own vessel, crew and passengers, render to other persons affected by the casualty such assistance as may be practicable and as may be necessary to save them from or minimize any danger caused by the casualty, and shall give his name, address and identification of his vessel in writing to any person injured and to the owner of any property damaged in the casualty.

      2.  In the case of collision, accident or other casualty involving a vessel, the operator thereof, if the casualty results in death or injury to a person or damage to property in excess of $200, shall file with the [department of wildlife] division of wildlife of the state department of conservation and natural resources a full description of the casualty, including such information as the commission may, by regulation, require.

      Sec. 522.  NRS 488.225 is hereby amended to read as follows:

      488.225  In accordance with any request made by an authorized official or agency of the United States, any information compiled or otherwise available to the [department of wildlife] division of wildlife of the state department of conservation and natural resources pursuant to NRS 488.215 must be transmitted to the official or agency of the United States.


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ê1993 Statutes of Nevada, Page 1652 (Chapter 466, AB 782)ê

 

      Sec. 523.  NRS 488.285 is hereby amended to read as follows:

      488.285  1.  A person shall not moor any vessel to any buoy or navigational aid placed in any waterway by authority of the United States or any other governmental authority, or in any manner hang on with a vessel to any such buoy or navigational aid.

      2.  A person shall not place, move, remove, destroy or tamper with any lawfully placed buoy or other navigational aid without written authorization from the [department of wildlife.] division of wildlife of the state department of conservation and natural resources.

      3.  Any person who violates this section shall be punished:

      (a) If no injury results from the violation, for a misdemeanor.

      (b) If bodily injury or property damage in excess of $200 results from the violation, for a gross misdemeanor.

      (c) If a human death results from the violation, by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      4.  Nothing in this section requires an agency of the United States Government to obtain written authorization to place, move, remove, destroy or tamper with lawfully placed buoys or navigational aids on navigable waters of this state.

      Sec. 524.  NRS 488.305 is hereby amended to read as follows:

      488.305  1.  The [department of wildlife] division of wildlife of the state department of conservation and natural resources may authorize the holding of regattas, motorboat or other boat races, marine parades, tournaments or exhibitions on any waters of this state. The commission shall adopt regulations concerning the safety of motorboats and other vessels and persons thereon, either observers or participants.

      2.  Whenever a regatta, motorboat or other boat race, marine parade, tournament or exhibition is proposed to be held, the person in charge thereof shall, at least 30 days prior thereto, file an application with the [department] division of wildlife for permission to hold the regatta, motorboat or other boat race, marine parade, tournament or exhibition. It may not be conducted without the written authorization of the [department] division of wildlife.

      3.  The application must set forth the date, time and location where it is proposed to hold the regatta, motorboat or other boat race, marine parade, tournament or exhibition, the type of vessels participating, the number and kind of navigational aids required and the name of a person who will be present at the event to ensure that the conditions of the permit are satisfied.

      4.  The provisions of this section do not exempt any person from compliance with applicable federal law or regulation.

      Sec. 525.  NRS 488.355 is hereby amended to read as follows:

      488.355  1.  Every game warden, sheriff and other peace officer of this state and its political subdivisions shall enforce the provisions of this chapter and may stop and board any vessel subject to the provisions of this chapter.

      2.  Any boat located upon the waters of this state is subject to inspection by the [department of wildlife] division of wildlife of the state department of conservation and natural resources or any lawfully designated agent or inspector thereof at any time to determine whether the boat is equipped in compliance with the provisions of this chapter.


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ê1993 Statutes of Nevada, Page 1653 (Chapter 466, AB 782)ê

 

      3.  Any boat located upon the waters of this state is subject to inspection by the health division of the department of human resources or any lawfully designated agent or inspector thereof at any time to determine whether the boat is equipped in compliance with the provisions of NRS 488.315 to 488.335, inclusive.

      Sec. 526.  NRS 488.357 is hereby amended to read as follows:

      488.357  1.  If a peace officer has probable cause to believe that a vessel or its contents contain evidence tending to show that a criminal offense has been committed or that a particular person has committed an offense, the officer may take whatever steps are reasonable to ensure the preservation of such evidence including safe storage of the vessel or its contents.

      2.  If a criminal conviction is obtained as a result of an action taken pursuant to subsection 1, the person convicted shall pay any storage fees incurred pursuant to that subsection. If a conviction is not obtained, the [department of wildlife] division of wildlife of the state department of conservation and natural resources shall pay those fees.

      Sec. 527.  NRS 489.091 is hereby amended to read as follows:

      489.091  “Division” means the manufactured housing division of the department of [commerce.] business and industry.

      Sec. 528.  NRS 489.201 is hereby amended to read as follows:

      489.201  The provisions of this chapter [shall] must be administered by the division, subject to administrative supervision by the director [.] of the department of business and industry.

      Sec. 529.  Chapter 501 of NRS is hereby amended by adding thereto a new section to read as follows:

      As used in this Title, “administrator” means the administrator of the division.

      Sec. 530.  NRS 501.027 is hereby amended to read as follows:

      501.027  As used in this Title, [“department” means the department of wildlife.] “division” means the division of wildlife of the state department of conservation and natural resources.

      Sec. 531.  NRS 501.047 is hereby amended to read as follows:

      501.047  As used in this Title, “game warden” means any person authorized by the [director] administrator to enforce the provisions of this Title and of chapter 488 of NRS.

      Sec. 532.  NRS 501.119 is hereby amended to read as follows:

      501.119  1.  The [department] division is authorized to determine methods of obtaining necessary data from hunters, trappers and fishermen relative to their activities and success.

      2.  The methods may include return of reports attached to licenses and tags or questionnaires addressed to license holders.

      3.  Failure to return such a report or questionnaire within the period specified by regulation of the commission or the submission of any false statement thereon is cause for the commission to:

      (a) Deny the person the right to acquire any license provided under this Title for a period of 1 year; or

      (b) Levy an administrative fine of $50 against the person.


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ê1993 Statutes of Nevada, Page 1654 (Chapter 466, AB 782)ê

 

      4.  Any statement made on such a report or questionnaire may not be the basis for prosecution for any indicated violations of other sections of this Title.

      Sec. 533.  NRS 501.181 is hereby amended to read as follows:

      501.181  The commission shall:

      1.  Establish broad policies for:

      (a) The protection, propagation, restoration, transplanting, introduction and management of wildlife in this state.

      (b) The promotion of the safety of persons using or property used in the operation of vessels on the waters of the state.

      (c) The promotion of uniformity of laws relating to policy matters.

      2.  Guide the [department] division in its administration and enforcement of provisions of this Title and of chapter 488 of NRS by the establishment of such policies.

      3.  Establish policies for areas of interest including:

      (a) The management of big and small game mammals, upland and migratory game birds, fur-bearing mammals, game fish, and protected and unprotected mammals, birds, fish, reptiles and amphibians.

      (b) The control of wild depredations.

      (c) The acquisition of lands, water rights and easements and other property for the management, propagation, protection and restoration of wildlife.

      (d) The entry, access to, and occupancy and use of such property, including leases of grazing rights, sales of agricultural products and requests by the [director] administrator to the state land registrar for the sale of timber if the sale does not interfere with the use of the property on which the timber is located for wildlife management or for hunting or fishing thereon.

      (e) The control of nonresident hunters.

      (f) The introduction, transplanting or exporting of wildlife.

      (g) Cooperation with federal, state and local agencies on wildlife and boating programs.

      (h) The hunting, fishing or trapping privileges of any person convicted of two violations of the provisions of this Title within a 5-year period.

      4.  Establish regulations necessary to carry out the provisions of this Title and of chapter 488 of NRS, including:

      (a) Regular and special seasons for hunting game mammals and game birds, for hunting or trapping fur-bearing mammals and for fishing, the daily and possession limits, the manner and means of taking wildlife, including, but not limited to, the sex, size or other physical differentiation for each species, and, when necessary for management purposes, the emergency closing or extending of a season, reducing or increasing of the bag or possession limits on a species, or the closing of any area to hunting, fishing or trapping. The regulations must be established after first considering the recommendations of the [department,] division, the county advisory boards to manage wildlife and others who wish to present their view at an open meeting.

      (b) The manner of using, attaching, filling out, punching, inspecting, validating or reporting tags.

      (c) The delineation of game management units embracing contiguous territory located in more than one county, irrespective of county boundary lines.


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ê1993 Statutes of Nevada, Page 1655 (Chapter 466, AB 782)ê

 

      (d) The number of licenses issued to nonresidents for big game and, if necessary, other game species for the regular and special seasons.

      5.  Adopt regulations requiring the [department] division to make public, before official delivery, its proposed responses to any requests by federal agencies for its comment on drafts of statements concerning the environmental effect of proposed actions or regulations affecting public lands.

      6.  Adopt regulations:

      (a) Governing the provisions of the permit required by NRS 502.390 and for the issuance, renewal and revocation of such a permit.

      (b) Establishing the method for determining the amount of an assessment and the time and manner of payment, necessary for the collection of the assessment required by NRS 502.390.

      Sec. 534.  NRS 501.243 is hereby amended to read as follows:

      501.243  1.  The [department] division shall execute, administer and enforce and perform the functions and duties provided in chapter 488 of NRS . [(Nevada Boat Act).]

      2.  The commission has the power and authority to:

      (a) Promulgate rules and regulations governing the use of waters for recreational purposes, which waters are open to the public and are not under the direct control of any other state or federal agency for recreational use.

      (b) Enter into cooperative agreements with federal, state and county agencies having regulatory powers pertaining to the use of public waters for recreational purposes for the purpose of coordinating such rules and regulations.

      Sec. 535.  NRS 501.310 is hereby amended to read as follows:

      501.310  There is hereby created in each of the counties of this state a fund for the advisory board. The fund must be kept in the county treasury, and all money received from the [department] division must be placed in the fund.

      Sec. 536.  NRS 501.320 is hereby amended to read as follows:

      501.320  1.  Annually, not later than May 1, each board shall prepare a budget for the period ending June 30 of the following year, setting forth in detail its proposed expenditures for carrying out its duties as specified in this Title within its county, and submit the budget to the commission accompanied by a statement of the previous year’s expenditures, certified by the county auditor.

      2.  The commission shall examine the budget in conjunction with the [director] administrator or a person designated by him, and may increase, decrease, alter or amend the budget.

      3.  Upon approval of the budget, the [department] division shall transmit a copy of the approved budget to the board, and at the same time withdraw from the wildlife account within the state general fund and transmit to the board the money required under the approved budget for disposition by the board in accordance with the approved budget. All money so received must be placed in the fund for the advisory board.

      Sec. 537.  NRS 501.331 is hereby amended to read as follows:

      501.331  There is hereby created the [department of wildlife,] division of wildlife of the state department of conservation and natural resources, which shall administer the wildlife laws of this state and chapter 488 of NRS.


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ê1993 Statutes of Nevada, Page 1656 (Chapter 466, AB 782)ê

 

      Sec. 538.  NRS 501.333 is hereby amended to read as follows:

      501.333  1.  From among three or more nominees of the commission, the [governor] director of the state department of conservation and natural resources shall appoint [a director of the department,] an administrator of the division, who is its chief administrative officer. The [director] administrator serves at the pleasure of the [governor.] director.

      2.  The [governor] director shall select as [director] administrator a person having an academic degree in the management of wildlife or a closely related field, substantial experience in the management of wildlife and a demonstrated ability to administer a division of a major public agency.

      3.  The [director] administrator is in the unclassified service of the state.

      Sec. 539.  NRS 501.337 is hereby amended to read as follows:

      501.337  The [director] administrator shall:

      1.  Carry out the policies and regulations of the commission.

      2.  Direct and supervise all administrative and operational activities of the [department,] division, and all programs administered by the [department] division as provided by law. He shall devote his entire time to the duties of his office and shall not follow any other gainful employment or occupation.

      3.  Within such limitations as may be provided by law, organize the [department into various divisions] division and, from time to time, alter the organization and reassign responsibilities and duties as he may deem appropriate.

      4.  Appoint or remove such technical, clerical and operational staff as the execution of his duties and the operation of the [department] division may require, and all those employees are responsible to him for the proper carrying out of the duties and responsibilities of their respective positions. The [director] administrator shall designate a number of employees as game wardens and provide for their training.

      5.  Submit technical and other reports to the commission as may be necessary or as may be requested, which will enable the commission to establish policy and regulations.

      6.  [Approve] Prepare the biennial budget of the [department] division consistent with the provisions of this Title and chapter 488 of NRS.

      7.  Administer real property assigned to the [department.] division.

      8.  Maintain full control, by proper methods and inventories, of all personal property of the state acquired and held for the purposes contemplated by this Title and by chapter 488 of NRS.

      9.  Act as nonvoting secretary to the commission.

      Sec. 540.  NRS 501.339 is hereby amended to read as follows:

      501.339  The [director] administrator may:

      1.  In cases of emergency, with the prior approval of the governor, exercise the powers of the commission until such time as the commission meets or the emergency ends.

      2.  Designate an employee or employees of the [department] division to act as his deputy or deputies. In the [director’s] administrator’s absence or inability to discharge the powers and duties of his office, the powers and duties devolve upon his deputy or deputies.

      3.  Designate persons outside the [department] division as game wardens if, in his opinion, the need for such designations exists.


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ê1993 Statutes of Nevada, Page 1657 (Chapter 466, AB 782)ê

 

      Sec. 541.  NRS 501.341 is hereby amended to read as follows:

      501.341  The headquarters of the [department] division must be maintained at Reno. Other offices may be established throughout the state in number and location as will, in the opinion of the [director,] administrator, provide an efficient [department] divisional operation.

      Sec. 542.  NRS 501.343 is hereby amended to read as follows:

      501.343  The [department] division may:

      1.  Collect and disseminate, throughout the state, information calculated to educate and benefit the people of the state regarding wildlife and boating, and information pertaining to any program administered by the [department.] division.

      2.  Publish wildlife journals and other official publications, for which a specific charge may be made, such charge to be determined by the commission, with the proceeds to be deposited in the wildlife account within the state general fund. No charge may be made for any publication required by a regulation of the commission.

      Sec. 543.  NRS 501.349 is hereby amended to read as follows:

      501.349  Regular employees and others designated by the [director] administrator as game wardens shall enforce all provisions of this Title and of chapter 488 of NRS. Game wardens are peace officers for the purposes of:

      1.  The service of such legal process, including warrants and subpenas, as may be required in the enforcement of this Title and of chapter 488 of NRS.

      2.  The enforcement of all laws of the State of Nevada while they are performing their duties pursuant to this Title and chapter 488 of NRS.

      Sec. 544.  NRS 501.351 is hereby amended to read as follows:

      501.351  1.  The [director] administrator may enter into cooperative or reciprocal agreements with the Federal Government or any agency thereof, adjoining states or any agency thereof, any other agency of this state, any county or other political subdivision of this state, to the extent permitted by the provisions of chapter 277 of NRS, any public or private corporation, or any person, in accordance with and for the purpose of carrying out the policy of the commission.

      2.  Such agreements do not relieve any party thereto of any liability, independent of such agreements, existing under any provision of law.

      Sec. 545.  NRS 501.352 is hereby amended to read as follows:

      501.352  The [director] administrator shall require the personnel of the [department] division to report to him as soon as practicable any reasonable suspicion that a communicable disease may be present in wildlife in Nevada. The [director] administrator shall, as soon as possible, inform the [director of the division of animal industry of the state department of agriculture] administrator of the division of agriculture of the department of business and industry of any reasonable suspicion so reported to him. Any sample collected by the personnel of the [department] division in evaluating such a suspicion must be forwarded to the [director] administrator of the division of [animal industry of the state department of] agriculture as soon as practicable.

      Sec. 546.  NRS 501.354 is hereby amended to read as follows:

      501.354  The [department] division shall receive, deposit and expend all money provided by law for the administration of this Title and of chapter 488 of NRS, pursuant to the authority contained in NRS 501.356 and in accordance with the commission’s policy.


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ê1993 Statutes of Nevada, Page 1658 (Chapter 466, AB 782)ê

 

of NRS, pursuant to the authority contained in NRS 501.356 and in accordance with the commission’s policy.

      Sec. 547.  NRS 501.356 is hereby amended to read as follows:

      501.356  1.  Money received by the [department] division from:

      (a) The sale of licenses;

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

      (c) Remittances from the state treasurer pursuant to the provisions of NRS 365.535;

      (d) Appropriations made by the legislature; and

      (e) All other sources, except money derived from the forfeiture of any property described in NRS 501.3857,

must be deposited with the state treasurer for credit to the wildlife account in the state general fund.

      2.  The interest and income earned on the money in the wildlife account, after deducting any applicable charges, must be credited to the account.

      3.  The [department] division may use money in the wildlife account only to carry out the provisions of this Title and chapter 488 of NRS and as provided in NRS 365.535, and the money must not be diverted to any other use.

      Sec. 548.  NRS 501.359 is hereby amended to read as follows:

      501.359  1.  The wildlife imprest account in the amount of $15,000 is hereby created for the use of the [department,] division, subject to the following conditions:

      (a) The money must be deposited in a bank qualified to receive deposits of public money, except that $500 must be kept in the custody of an employee designated by the [director] administrator for immediate use for purposes set forth in this section.

      (b) The account must be replenished periodically from the wildlife account in the state general fund upon approval of expenditures as required by law and submission of vouchers or other documents to indicate payment as may be prescribed.

      2.  The wildlife imprest account may be used to pay for postage, C.O.D. packages, travel or other minor expenses which are proper as claims for payment from the wildlife account in the state general fund.

      3.  The wildlife imprest account may be used to provide money to employees of the [department] division for travel expenses and subsistence allowances arising out of their official duties or employment. All advances constitute a lien in favor of the [department] division upon the accrued wages of the requesting employee in an amount equal to the money advanced, but the [director] administrator may advance more than the amount of the accrued wages of the employee. Upon the return of the employee, he is entitled to receive money for any authorized expenses and subsistence in excess of the amount advanced.

      Sec. 549.  NRS 501.361 is hereby amended to read as follows:

      501.361  A petty cash account in the amount of $300 for the payment of minor expenses of the [department] division is hereby created. The account must be kept in the custody of an employee designated by the [director] administrator and must be replenished periodically from the wildlife account in the state general fund upon approval of expenditures as required by law and submission of vouchers or other documents to indicate payment as may be prescribed.


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ê1993 Statutes of Nevada, Page 1659 (Chapter 466, AB 782)ê

 

and submission of vouchers or other documents to indicate payment as may be prescribed.

      Sec. 550.  NRS 501.363 is hereby amended to read as follows:

      501.363  A change account in the amount of $300 is hereby created. The account must be kept in the custody of an employee designated by the [director] administrator and used for the making of change incidental to the business of the [department.] division.

      Sec. 551.  NRS 501.383 is hereby amended to read as follows:

      501.383  It is unlawful for any person maliciously to tear down, mutilate or destroy any sign, signboard or other notice which has been erected by the [department] division or through an agency of the [department.] division.

      Sec. 552.  NRS 501.385 is hereby amended to read as follows:

      501.385  Except as otherwise provided by specific statute:

      1.  Any person who:

      (a) Performs an act or attempts to perform an act made unlawful or prohibited by a provision of this Title;

      (b) Willfully fails to perform an act required of him by a provision of this Title;

      (c) Obstructs, hinders, delays or otherwise interferes with any officer, employee or agent of the [department] division in the performance of any duty while enforcing or attempting to enforce any provision of this Title;

      (d) Violates any order issued or regulation adopted by the commission under the provisions of this Title; or

      (e) Having been granted a privilege or been licensed or permitted to do any act under the provisions of this Title, exercises the grant, license or permit in a manner other than as specified,

is guilty of a misdemeanor.

      2.  Every person who is guilty of a misdemeanor under this Title shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.

      Sec. 553.  NRS 501.3855 is hereby amended to read as follows:

      501.3855  1.  In addition to the penalties provided for the violation of any of the provisions of this Title, every person who unlawfully kills or possesses a big game mammal, bobcat, swan or eagle is liable for a civil penalty of not less than $250 nor more than $5,000.

      2.  For unlawful killing or possession of fish or wildlife not included in subsection 1, the court may order the defendant to pay a civil penalty of not less than $25 nor more than $1,000.

      3.  For hunting, fishing or trapping without a valid license, tag or permit, the court may order the defendant to pay a civil penalty of not less than $50 nor more than $250.

      4.  Every court, before whom a defendant is convicted of unlawfully killing or possessing any wildlife, shall order the defendant to pay the civil penalty in the amount stated in this section for each mammal, bird or fish unlawfully killed or possessed. The court shall fix the manner and time of payment.


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ê1993 Statutes of Nevada, Page 1660 (Chapter 466, AB 782)ê

 

      5.  The [department] division may attempt to collect all penalties and installments that are in default in any manner provided by law for the enforcement of a judgment.

      6.  Each court that receives money pursuant to the provisions of this section shall forthwith remit the money to the [department] division which shall deposit the money with the state treasurer for credit to the wildlife account in the state general fund.

      Sec. 554.  NRS 501.389 is hereby amended to read as follows:

      501.389  1.  Except for property described in NRS 501.3857, equipment:

      (a) Seized as evidence in accordance with NRS 501.375; and

      (b) Not recovered by the owner within 1 year from the date of seizure,

becomes the property of the [department.] division.

      2.  The [department of wildlife must] division shall either sell such equipment in accordance with the regulations adopted pursuant to subsection 5 of NRS 333.220 or retain such equipment for authorized use by the [department.] division. All money received from such sales must be deposited with the state treasurer for credit to the wildlife account in the state general fund.

      3.  Any person of lawful age and lawfully entitled to reside in the United States may purchase the equipment, whether a prior owner or not.

      Sec. 555.  NRS 501.395 is hereby amended to read as follows:

      501.395  1.  The [department] division may offer a reward for one or more classes of wildlife, not to exceed $1,000, for information leading to the arrest and conviction of any person who unlawfully kills or possesses wildlife of the class specified. The reward must be paid for each person so arrested and convicted upon his conviction. The reward must be distributed equally among the persons who supplied the information which led to the arrest and conviction.

      2.  The commission may adopt such regulations as are necessary to carry out the provisions of this section.

      Sec. 556.  NRS 502.015 is hereby amended to read as follows:

      502.015  1.  For the purpose of issuing and using resident licenses, tags or permits pursuant to this chapter, a person is considered to be a resident of the State of Nevada if:

      (a) He is a citizen of, or is lawfully entitled to remain in, the United States; and

      (b) During the 6 months next preceding his application to the [department] division for a license, tag or permit, he:

             (1) Was domiciled in this state;

             (2) Was physically present in this state, except for temporary absences; and

             (3) Did not purchase or apply for any resident license, tag or permit to hunt, fish or trap in another state, country or province.

      2.  A person who is not domiciled in Nevada but who is attending an institution of higher learning in this state as a full-time student is eligible for a resident license, tag or permit if, during the 6 months next preceding his application to the [department] division for a license, tag or permit, he:

      (a) Was physically present in Nevada, except for temporary trips outside of the state; and


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ê1993 Statutes of Nevada, Page 1661 (Chapter 466, AB 782)ê

 

      (b) Did not purchase or apply for any resident license, tag or permit to hunt, fish or trap in another state, country or province.

      3.  A resident license, tag or permit issued by this state is void if the person to whom it was issued establishes his domicile in and obtains any privilege or entitlement conditional on residency from another state, country or province.

      Sec. 557.  NRS 502.020 is hereby amended to read as follows:

      502.020  The [department] division shall prepare the licenses for hunting, fishing and trapping, and shall deliver such licenses to agents for sale to the public.

      Sec. 558.  NRS 502.030 is hereby amended to read as follows:

      502.030  1.  Licenses granting the privilege to hunt, fish or trap as provided in this Title [shall] must be of such form as is deemed necessary by the [department,] division, but must include the following information:

      (a) The holder’s name, address and description.

      (b) The date issued.

      (c) The expiration date thereof.

      (d) The correct designation as to whether a fishing, hunting or trapping license.

      (e) A statement to be signed by the holder: “I, the signator holder in signing this license, hereby state that I am entitled to this license under the laws of the State of Nevada and that no false statement has been made by me to obtain this license.”

      2.  The commission may provide rules and regulations requiring an applicant to exhibit proof of his identity and residence. Such information [shall] must be included on the license as is deemed necessary by the [department.] division.

      3.  The commission may provide rules and regulations establishing a permanent licensing system. Such system may authorize the use of applications for the issuance of temporary hunting, fishing and trapping licenses for residents and the issuance of annual licenses therefrom. The system may provide for the automatic renewal and validation of the annual license.

      4.  The commission may provide regulations covering the method of applying for, the term and expiration date of any license required by this Title to be issued without the payment of a fee.

      Sec. 559.  NRS 502.035 is hereby amended to read as follows:

      502.035  Licenses, stamps and permits granting the privilege to hunt, fish or trap during the open season as provided in this Title must be issued by the [department,] division, upon payment of the fees required under this Title.

      Sec. 560.  NRS 502.040 is hereby amended to read as follows:

      502.040  1.  The commission shall adopt regulations regarding the number of license agents to be designated in any locality, the standards to be met by license agents, the manner of remitting money to the [department,] division, and the manner of accounting for licenses, tags, stamps and permits received, issued, sold or returned. A license agent’s authority may be revoked or suspended by the [department] division for his failure to abide by the regulations of the commission. The agent may appeal to the commission for reinstatement.

      2.  A license agent designated by the [department] division is responsible for the correct issuance of all licenses, tags, stamps and permits entrusted to him, and, so far as he is able, for ensuring that no licenses are issued upon the false statement of an applicant.


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ê1993 Statutes of Nevada, Page 1662 (Chapter 466, AB 782)ê

 

him, and, so far as he is able, for ensuring that no licenses are issued upon the false statement of an applicant. Before issuing any license, the license agent shall satisfy himself of the identity of the applicant and the place of his residence, and may require any applicant to present proof of his identity and residence.

      3.  Except as otherwise provided in subsection 4, a license agent shall furnish a bond to the [department] division for the proper performance of his duties, executed by the license agent as principal, and by a corporation qualified under the laws of this state as surety, and payable to the State of Nevada in such an amount as is determined by the commission. The premium for the bond must be paid by the license agent, except in remote areas where the agency is established for the convenience of the commission, in which case the premium must be paid from the wildlife account in the state general fund.

      4.  In lieu of a bond, the license agent may purchase inventory in advance of sales or deposit with the [department] division a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is not available for withdrawal except upon order of the [department.] division.

      5.  A license agent is responsible to the [department] division for the collection of the correct and required fee, for the safeguarding of the money collected by him, and for the prompt remission to the [department] division for deposit in accordance with NRS 501.356 of all money collected. The [department] division shall furnish to the license agent receipts for all money which he remits to [the department.] it. A license agent shall furnish a receipt to the [department] division of all licenses, tags, stamps or permits which he receives from [the department.] it.

      6.  For each license, tag, stamp or permit he sells, a license agent is entitled to receive a service fee of:

      (a) Fifty cents for each license, tag or permit, in addition to the fee for the license, tag or permit; and

      (b) Ten cents for each stamp or similar document issued which does not require completion by the agent.

      7.  Any person authorized to enforce this chapter may inspect, during the license agent’s normal business hours, any record or document of the agent relating to the issuance of any such license, tag or permit.

      8.  All money collected by a license agent, except service fees collected pursuant to subsection 6, is public money of the State of Nevada, and the state has a prior claim for the amount of money due it upon all assets of the agent over all creditors, assignees or other claimants. The use of this money for private or business transactions is a misuse of public funds and punishable under the laws provided.

      Sec. 561.  NRS 502.070 is hereby amended to read as follows:

      502.070  1.  The [department] division shall issue to any member of the Armed Forces of the United States who has been assigned to permanent duty, as opposed to temporary or casual duty, within the State of Nevada all necessary hunting or fishing licenses, tags or permits for fishing, hunting or trapping in the State of Nevada.


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ê1993 Statutes of Nevada, Page 1663 (Chapter 466, AB 782)ê

 

trapping in the State of Nevada. A like privilege [shall] must be extended to spouses and dependents, under the age of 21, of such members of the Armed Forces. All such licenses, tags or permits [shall] must be issued on the same terms and conditions and at the same costs as licenses, tags or permits are issued to Nevada residents, except that the 6 months’ residence requirement [shall] must be waived.

      2.  The issuance of all such licenses, tags and permits [shall] must be made by application upon a form provided for that purpose by the [department.] division. The application [shall] must include such proof of assignment to permanent duty within the State of Nevada as may be deemed necessary by the [department] division to determine whether or not an applicant is actually so assigned.

      Sec. 562.  NRS 502.072 is hereby amended to read as follows:

      502.072  The [department] division shall issue without charge any license authorized under the provisions of this chapter, upon satisfactory proof of the requisite facts to any actual bona fide resident of the State of Nevada who has incurred a service-connected disability which is considered to be 50 percent or more by the United States Veterans’ Administration and has received upon severance from service an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States.

      Sec. 563.  NRS 502.075 is hereby amended to read as follows:

      502.075  The [department] division shall issue to a blind person, as defined in subsection 2 of NRS 361.085:

      1.  A hunting license which:

      (a) Authorizes a person selected by the blind person to hunt on his behalf if:

             (1) The person selected is a resident of the State of Nevada and possesses a valid Nevada hunting license; and

             (2) The blind person is in the company of or in the immediate area of the person selected.

      (b) Is issued pursuant and subject to regulations prescribed by the commission.

      (c) Contains the word “Blind” printed on the face of the license.

      2.  A fishing license which authorizes the blind person to fish whether or not accompanied by or in the immediate area of any other person.

      Sec. 564.  NRS 502.077 is hereby amended to read as follows:

      502.077  1.  The [department] division shall issue special fishing permits to the administrative head of:

      (a) The Nevada mental health institute;

      (b) The Las Vegas mental health center;

      (c) The Northern Nevada children’s home;

      (d) The Southern Nevada children’s home;

      (e) The Nevada youth training center;

      (f) The Caliente youth center;

      (g) The Spring Mountain Youth Camp;

      (h) The China Spring Youth Camp;

      (i) Any facility which provides temporary foster care for children who are not delinquent; and


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ê1993 Statutes of Nevada, Page 1664 (Chapter 466, AB 782)ê

 

      (j) Such other public or charitable institutions or organizations as are designated by regulations adopted by the commission,

for use only by the members, patients or children of such institutions or organizations.

      2.  The permits:

      (a) Must be in the possession of the officer or employee who is supervising a member, patient or child while he is fishing.

      (b) Authorize a member, patient or child to fish in a legal manner if in the company of an officer or employee of one of the institutions listed in this section, or of an organization provided for by regulation, if the officer or employee has a valid Nevada fishing license.

      (c) Must be issued pursuant and subject to regulations prescribed by the commission.

      (d) Must contain the words “Nevada Special Fishing Permit” and the number of the permit printed on the face of the permit.

      (e) May authorize no more than 15 members, patients or children, respectively, to fish.

      3.  Each institution or organization shall pay to the [department] division an annual fee of $15 for each permit issued to the institution or organization pursuant to this section. The [department] division shall not issue more than two permits per year to each institution or organization.

      4.  It is unlawful for any person other than a member, patient or child in one of these organizations or institutions to fish with a permit issued by the [department] division pursuant to this section.

      Sec. 565.  NRS 502.110 is hereby amended to read as follows:

      502.110  1.  Except as otherwise provided in subsection 2, not more than one license of each class [shall] may be issued to any one person during each license period.

      2.  If an unexpired license is lost or stolen, the person to whom the license was issued may receive another license of the same class by making application and certifying under oath that the license was lost or stolen and by paying:

      (a) If the application is made to an authorized agent, the annual license fee; or

      (b) If the application is made to the [department,] division, a fee of $1.

      Sec. 566.  NRS 502.145 is hereby amended to read as follows:

      502.145  1.  An owner of land in this state may apply to the [department] division for the issuance to him of one or more deer or antelope tags for resale as provided in this section. The tags must be issued as compensation for damage caused by deer or antelope to the land or to any improvements thereon.

      2.  An application made pursuant to this section must:

      (a) Be made in the form prescribed by the [department;] division;

      (b) Establish to the satisfaction of the [department] division that the applicant has sustained damage of the kind described in subsection 1; and

      (c) Be accompanied by the fee charged for the tags pursuant to NRS 502.250 and any fee charged for administrative costs.

      3.  The [department] division shall review the application, may conduct any investigation it deems appropriate and, if it approves the application, shall issue to the applicant not more than one tag for each 50 animals present on the land owned by the applicant.


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ê1993 Statutes of Nevada, Page 1665 (Chapter 466, AB 782)ê

 

shall issue to the applicant not more than one tag for each 50 animals present on the land owned by the applicant. Both deer and antelope tags may be issued to an applicant. Not more than 200 tags may be issued annually statewide by the [department] division pursuant to this section.

      4.  An owner of land who receives a tag pursuant to this section shall not use the tag himself, but may sell it to any holder of a valid Nevada hunting license at any price mutually agreed upon. The tag may be used by the purchaser only on the land of the owner.

      5.  As a condition of receiving a tag from the [department] division pursuant to this section, an owner of land that blocks access to adjacent public land must provide access to the public land to a person who has a deer or antelope tag for the purpose of hunting on the public land.

      6.  Insofar as they are consistent with this section, the provisions of this Title and of the regulations adopted by the commission apply to the issuance and use of tags pursuant to this section. The commission may adopt any regulations it deems necessary to carry out the provisions of this section.

      Sec. 567.  NRS 502.160 is hereby amended to read as follows:

      502.160  1.  The [department] division shall designate the form of the tag, requiring such numbering or other manner of identification as is necessary to designate the name or hunting license number of the person to whom it is issued. Each tag must show the game for which it may be used, the year, and, whenever necessary, the management area in which it may be used.

      2.  The commission may adopt any regulations necessary relative to the manner of qualifying and applying for, using, completing, attaching, filling out, punching, inspecting, validating or reporting such tags. It is unlawful for any person to fail to abide by any such regulation.

      Sec. 568.  NRS 502.210 is hereby amended to read as follows:

      502.210  A duplicate tag may not be issued except:

      1.  Upon an affidavit by the applicant that a tag previously issued has been lost or destroyed and upon payment of a fee in an amount equal to the fee provided by law for initial issuance of the tag.

      2.  Upon receiving an affidavit of an applicant that he has not received the tag for which he applied and paid the required fee, the [department] division may, not earlier than 7 days after the date on which the tag was mailed, issue a duplicate tag to the applicant upon payment of a fee of $1.

      3.  When any deer hunter kills a deer which he has reason to believe is diseased and unfit for human consumption, he must place his tag on the carcass in the manner provided by law or regulation, but, upon inspection of the carcass by a game warden, the hunter may be authorized by the warden to obtain a duplicate tag without charge if the warden has found by his inspection that the deer killed was diseased and unfit for human consumption. The warden shall seize and properly dispose of any such deer, including its hide and antlers.

      Sec. 569.  NRS 502.230 is hereby amended to read as follows:

      502.230  1.  A nonresident deer tag for regular season may be issued to any nonresident of this state or to the immediate members of such nonresident’s family, as a bona fide owner of land within this state, for the privilege to hunt upon that land to which he has title, if not less than 75 percent of all land belonging to him in the State of Nevada and upon which he proposes to hunt is open to the public for hunting.


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ê1993 Statutes of Nevada, Page 1666 (Chapter 466, AB 782)ê

 

land belonging to him in the State of Nevada and upon which he proposes to hunt is open to the public for hunting.

      2.  Such nonresident may hunt deer during the same periods and subject to the same limitations as may be allowed or imposed upon residents of Nevada in connection with such hunting if such nonresident has first obtained a nonresident hunting license.

      3.  A nonresident deer tag for the regular season [shall] may be issued by the [department] division only upon proof of the applicant’s title to certain lands within this state. The commission shall adopt and promulgate regulations establishing requirements for obtaining tags, including a determination that the land proposed for hunting is deer habitat.

      4.  Such nonresident deer tag for the regular season [shall] may be issued only upon payment of the regular nonresident fee and [shall be] is valid for use only on the land owned and described, and such nonresident deer tag for the regular season [shall] must indicate “nonresident landowner.”

      Sec. 570.  NRS 502.240 is hereby amended to read as follows:

      502.240  The [department] division shall issue annual licenses and limited permits:

      1.  To any person who has attained his 12th birthday but who has not attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon the payment of $5 for an annual fishing or hunting license or $9 for a combination hunting and fishing license.

      2.  To any person who has not attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon payment of $5 for an annual trapping license.

      3.  Except as otherwise provided in NRS 502.245 and 504.390, to any person who has attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon payment of:

 

For a fishing license ......................................................................        $15.00

For a 10-day permit to fish ...........................................................          10.00

For a 3-day permit to fish .............................................................            6.00

For a hunting license ....................................................................          20.00

For a combined hunting and fishing license .............................          33.50

For a trapping license ...................................................................          30.50

For a fur dealer’s license ..............................................................          50.00

For an annual master guide’s license .........................................        250.00

For an annual subguide’s license ...............................................          75.00

 

      4.  To any person who has attained his 12th birthday but who has not attained his 16th birthday, not a bona fide resident of the State of Nevada, upon the payment of $8 for an annual fishing license, except for a fishing license to fish in the reciprocal waters of the Colorado River, Lake Mead and Lake Mohave, which annual license must cost a sum agreed upon by the commission and the Arizona Game and Fish Commission, but not to exceed $30.


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ê1993 Statutes of Nevada, Page 1667 (Chapter 466, AB 782)ê

 

      5.  Except as otherwise provided in subsection 4, to any person, not a bona fide resident of the State of Nevada, upon the payment of:

 

For a fishing license, except for a fishing license to fish in the reciprocal waters of the Colorado River, Lake Mead and Lake Mohave, which license must cost a sum agreed upon by the commission and the Arizona Game and Fish Commission, but not to exceed $30 ...........................................       $45

For a 10-day permit to fish .......................................................................         30

For a 3-day permit to fish .........................................................................         17

For a hunting license ................................................................................       100

For an annual trapper’s license ...............................................................       150

For a fur dealer’s license ..........................................................................       100

For an annual master guide’s license .....................................................       500

For an annual subguide’s license ...........................................................       150

For a 10-day permit to hunt upland game and waterfowl ....................         50

 

      6.  To any person, without regard to residence, upon the payment of:

 

For a noncommercial wildlife culturing facility .....................................         $5

For a commercial or private shooting preserve ....................................       100

For a commercial wildlife culturing facility ............................................       100

For a live bait dealer’s permit ..................................................................         35

For a competitive field trials permit ........................................................         25

For a permit to train dogs or falcons ......................................................           5

For a falconry license ...............................................................................         30

For an importation permit .........................................................................           5

For an import eligibility permit ................................................................         25

For an exportation permit .........................................................................           5

For a permit to maintain a collection of live wild animals ....................         10

For any other special permit issued by the [department,] division, a fee not to exceed $100 set by the commission.

      Sec. 571.  NRS 502.245 is hereby amended to read as follows:

      502.245  1.  The [department] division shall issue any hunting or fishing license or combined hunting and fishing license authorized under the provisions of this chapter, upon proof satisfactory of the requisite facts and payment of the applicable fee, to any person who, as of the date of his application for a license has resided in this state for the 6-month period immediately preceding and:

      (a) Is 65 years of age or older; or

      (b) Has a severe physical handicap.

      2.  The [department] division shall charge and collect for such a:

 

Hunting license .........................................................................................         $3

Fishing license ...........................................................................................           3

Combined hunting and fishing license ..................................................           5


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ê1993 Statutes of Nevada, Page 1668 (Chapter 466, AB 782)ê

 

      3.  For the purposes of this section, “severe physical handicap” means a physical disability which materially limits the person’s ability to engage in gainful employment.

      Sec. 572.  NRS 502.255 is hereby amended to read as follows:

      502.255  The [department] division shall account separately for the money received from fees for processing applications for tags and use that money only for all of the [department’s] division’s direct and indirect costs associated with the system of applications and drawings for, and the issuance of, tags.

      Sec. 573.  NRS 502.300 is hereby amended to read as follows:

      502.300  1.  It is unlawful for any person, except a person under the age of 12 or a person 65 years of age or older, to hunt any migratory game bird, except jacksnipe, coot, gallinule, western mourning dove, white-winged dove and band-tailed pigeon, unless at the time he is hunting he carries on his person an unexpired state duck stamp validated by his signature in ink across the face of the stamp.

      2.  Unexpired duck stamps must be sold for a fee of not more than $5 each by the [department] division and by persons authorized by the [department] division to sell hunting licenses. The commission shall establish the price to be charged by the [department] division or agents of the [department] division for expired duck stamps, and the fee for unexpired duck stamps within the limit provided.

      3.  The [department] division shall determine the form of the stamps.

      Sec. 574.  NRS 502.310 is hereby amended to read as follows:

      502.310  All money from the sale of state duck stamps must be deposited with the state treasurer for credit to the wildlife account in the state general fund. The [department] division shall maintain separate accounting records for the receipt and expenditure of money from the sale of state duck stamps. An amount not to exceed 10 percent of that money may be used to reimburse the [department] division for the cost of administering the state duck stamp programs. This amount is in addition to compensation allowed persons authorized to issue and sell licenses.

      Sec. 575.  NRS 502.322 is hereby amended to read as follows:

      502.322  1.  Before the [department] division may undertake any project using money from the sale of state duck stamps, it shall analyze the project and provide the commission with recommendations as to the need for the project and its feasibility.

      2.  Money from the sale of state duck stamps must be used for projects approved by the commission for protection and propagation of migratory game birds, and for the acquisition, development and preservation of wetlands in Nevada.

      Sec. 576.  NRS 502.324 is hereby amended to read as follows:

      502.324  The [department] division shall, not later than the 5th calendar day of each regular session of the legislature, submit to it a report summarizing any projects undertaken, receipt and expenditure of money and public benefits achieved by the program for the sale of state duck stamps.

      Sec. 577.  NRS 502.326 is hereby amended to read as follows:

      502.326  1.  It is unlawful for any person, except a person under the age of 12, to take or possess trout unless at the time he is fishing, he carries on his person a state trout stamp affixed to his fishing license and validated by his signature in ink across the face of the stamp.


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ê1993 Statutes of Nevada, Page 1669 (Chapter 466, AB 782)ê

 

person a state trout stamp affixed to his fishing license and validated by his signature in ink across the face of the stamp.

      2.  State trout stamps must be sold for a fee of $5 each by the [department] division and by persons authorized by the [department] division to sell hunting, fishing and trapping licenses.

      3.  The [department] division shall determine the form of the stamps.

      Sec. 578.  NRS 502.327 is hereby amended to read as follows:

      502.327  All money from the sale of state trout stamps must be deposited with the state treasurer for credit to the wildlife account in the state general fund. The [department] division shall maintain separate accounting records for the receipt and expenditure of money from the sale of state trout stamps.

      Sec. 579.  NRS 502.330 is hereby amended to read as follows:

      502.330  1.  No hunting license may be obtained by any person born after January 1, 1960, unless he presents to the [department,] division, or one of its authorized licensing agents, either:

      (a) A certificate of successful completion of a course of instruction in the responsibilities of hunters as provided by NRS 502.340; or

      (b) An equivalent certificate of completion of a course in the responsibilities of hunters provided by any state or an agency of the Canadian province for the management of wildlife.

      2.  Any person who has been convicted of violating NRS 503.165 or 503.175 may not obtain a hunting license until he has successfully completed a course in the responsibilities of hunters conducted pursuant to NRS 502.340.

      Sec. 580.  NRS 502.340 is hereby amended to read as follows:

      502.340  The [department] division shall certify instructors who will, with the cooperation of the [department,] division, provide instruction in the responsibilities of hunters established by the [department] division to all eligible persons who, upon the successful completion of the course, must be issued a certificate. Persons who are disqualified from obtaining a hunting license, pursuant to NRS 502.330, are eligible for the course.

      Sec. 581.  NRS 502.370 is hereby amended to read as follows:

      502.370  1.  A license to practice taxidermy is required before any person may perform taxidermal services for others on any wildlife or their parts, nests or eggs.

      2.  Annual licenses for the term of 1 year from July 1 to June 30 must be issued by the [department] division for the following fees:

 

Fee to practice commercial taxidermy..................................................     $35

Fee to practice noncommercial taxidermy...........................................         5

 

      3.  Any person who wishes to obtain a license to practice taxidermy must apply for the license on an application form provided by the [department.] division. The applicant must provide such information on the form as the commission may require by regulation.

      4.  The commission may adopt regulations governing the licensing of taxidermists and the practice of taxidermy, including:


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ê1993 Statutes of Nevada, Page 1670 (Chapter 466, AB 782)ê

 

      (a) The receipt, possession, transportation, identification, purchase and sale of wildlife or parts thereof to be or which have been processed by a taxidermist;

      (b) The maintenance and submission of written records; and

      (c) Any other matter concerning the practice, conduct and operating procedures of taxidermists as the commission may deem necessary.

      5.  A person who is authorized to enforce the provisions of this Title may enter the facilities of a licensee at any reasonable hour and inspect his operations and records.

      6.  If a licensee is convicted of a violation of any provision of this Title or the regulations adopted by the commission, the commission may revoke his license and may refuse to issue another license to him for a period not to exceed 5 years.

      7.  The provisions of this section do not apply to institutions of learning of this state or of the United States, or to research activities conducted exclusively for scientific purposes, or for the advancement of agriculture, biology or any of the sciences.

      Sec. 582.  NRS 502.390 is hereby amended to read as follows:

      502.390  1.  Any person who develops or maintains an artificial or man-made body of water, other than a body of water maintained for agricultural or recreational purposes, containing chemicals or substances in quantities which, with the normal use of the body of water, causes or will cause the death of any wildlife, must first obtain a permit from the [department] division authorizing the development or maintenance of the body of water.

      2.  Within 30 working days after receiving an application for a permit, the [department] division shall issue the permit or deny the application and list the reasons for denial. An applicant may appeal the denial of a permit to the commission. A permit may be valid for up to 5 years. The commission may establish a fee for a permit of not more than $100 per year.

      3.  Upon the transfer of ownership of any artificial man-made body of water as to which a permit issued pursuant to this section is in force at the time of the transfer, the permit remains in effect for 30 days after the transfer of ownership.

      4.  A person holding a permit issued pursuant to this section shall, in addition to the fee for the permit, pay to the [department] division an assessment. The amount of the assessment must be determined pursuant to regulations adopted by the commission. The assessment must be no more than $10,000 per year for each permit.

      5.  Any person who fails to obtain a permit or pay an assessment as required by this section and the regulations adopted pursuant thereto or who fails to comply with the provisions of a permit is guilty of a misdemeanor for the first offense and a gross misdemeanor for any subsequent offense.

      Sec. 583.  NRS 503.005 is hereby amended to read as follows:

      503.005  1.  Except as otherwise provided in subsection 2, a person shall not kill or attempt to kill any birds or animals while flying in an aircraft.

      2.  The commission may promulgate rules and regulations whereby the [department] division may issue permits authorizing the hunting, killing or nonlethal control of coyotes, bobcats or ravens from an aircraft.


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ê1993 Statutes of Nevada, Page 1671 (Chapter 466, AB 782)ê

 

      3.  Every person who willfully violates the provisions of subsection 1 is guilty of a misdemeanor.

      Sec. 584.  NRS 503.035 is hereby amended to read as follows:

      503.035  1.  “Meat or game processor” as used in this section means any person, firm or corporation that receives any game for the purpose of processing or storage or for the purposes of processing and storage.

      2.  Any meat or game processor who receives any game for the purpose of processing or storage may, within 90 days after the receipt thereof, if such game remains in the possession of such meat or game processor, dispose of such game to the [department] division if the owner of such game has not paid such meat or game processor for the processing or storage thereof.

      3.  The [department] division shall distribute such game to public charities on a fair and equitable basis.

      4.  No action may be commenced against such meat or game processor by the owner of such game after such game has been delivered to the [department] division under the provisions of this section.

      5.  Nothing in this section deprives a meat or game processor of any remedy at law available to a creditor against a debtor for the recovery of any [moneys] money or other legal consideration owing from the owner of the game to the meat or game processor for such processing or storage.

      Sec. 585.  NRS 503.040 is hereby amended to read as follows:

      503.040  1.  Except as otherwise provided in this section, it is unlawful for any person at any time to transport or offer for transportation to any place within or outside of this state any game mammal, raw furs, wild mammal taken by trapping, game bird or game fish taken within this state.

      2.  Any person who has legally taken any game mammal, raw furs, wild mammal taken by trapping, game bird or game fish within this state may use his hunting license, trapping license or fishing license or tag or stamp, when required, as a permit to transport one possession limit to points within or outside the state.

      3.  Any person who legally acquires ownership or custody of any game mammal, raw furs, wild mammal taken by trapping, game bird or game fish not taken by him through hunting, trapping or fishing may transport such mammal, furs, bird or fish within the state without a transportation permit if such shipment does not exceed one possession limit and if such shipment is labeled with the name, address, number and class of license of the hunter, trapper or fisherman who legally took such mammal, furs, bird or fish and date taken, if the mammal, furs, bird or fish is not required by law or regulation to be tagged. Unless otherwise permitted by a regulation of the commission, when tagged shipments are involved, a transportation permit is required as provided in this section.

      4.  Any other person who desires to transport any game mammal, raw furs, wild mammal taken by trapping, game fish or game bird to a point within or without the state may do so only under the authority of a transportation permit as provided in this section.

      5.  The [department] division shall designate the form of the transportation permit and such permits may be issued for a fee of $1 by any game warden or other such persons as may be specifically designated by the [department.] division. The person legally in possession of the game mammals, raw furs, wild mammals taken by trapping, game birds or game fish to be transported must appear before the issuing agent to obtain a transportation permit.


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ê1993 Statutes of Nevada, Page 1672 (Chapter 466, AB 782)ê

 

wild mammals taken by trapping, game birds or game fish to be transported must appear before the issuing agent to obtain a transportation permit. The permit must describe the wildlife to be transported and identify by name, address, license number and class the person who legally took the furs or wildlife and by name and address the person transporting it. Whenever raw furs or wildlife is to be transported by the postal service or by common carrier, freight or express agency, such an agency may be designated by name alone.

      6.  Game mammals, raw furs, wild mammals taken by trapping, game birds or game fish transported to another person shall be deemed to be in the legal possession of the person making shipment until actual delivery is made.

      7.  Any package or container in which game birds, raw furs, wild mammals taken by trapping, game mammals or game fish are being transported by common carrier must have the name and address of the shipper and of the consignee and an accurate statement of the number and kinds of game birds, raw furs, wild mammals taken by trapping, game mammals or game fish contained therein attached to the outside thereof.

      8.  The commission may limit the number of shipments by any one person in any one season of any kind of game bird, game mammal or game fish.

      Sec. 586.  NRS 503.185 is hereby amended to read as follows:

      503.185  1.  Every person involved in a hunting accident where damage to property results, or which involves the injury of or death to another person, shall file a report of the accident with the [department of wildlife] division within 30 days after the accident. The report must be on the form prescribed by the [department.] division.

      2.  The [department] division shall revoke any hunting license held by a person convicted of violating NRS 503.165 or 503.175, if the violation results in an injury to or the death of another person. The [department] division shall not issue another such license to the person sooner than 2 years after the revocation.

      Sec. 587.  NRS 503.200 is hereby amended to read as follows:

      503.200  1.  The [department] division is empowered to authorize, under permit and for such fee as may be provided in NRS 502.240, competitive field trials for hunting dogs or competitive field trials for falconry. The commission shall prescribe the rules and regulations to be followed by those in charge of such trials insofar as conduct of the field trials has any effect or bearing upon wildlife and the laws of this state respecting closed and open seasons.

      2.  For the purpose of permitting such field trials the [department] division may authorize shooting of legally acquired upland game birds during any closed season on the species of bird or birds to be hunted.

      3.  All legally acquired upland game birds used in a field trial or for the purpose of training hunting dogs and for falconry training [shall] must be banded with legbands by the person in charge of such field trial or training. Such birds [shall] may only be released in an area first approved by the [department,] division, after which the [department] division shall authorize, under permit and under such rules and regulations as the commission may prescribe, the releasing of such legally acquired upland game birds for the foregoing purposes.


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ê1993 Statutes of Nevada, Page 1673 (Chapter 466, AB 782)ê

 

      4.  All birds killed under the provisions of this section must be accompanied by a receipt, giving the permit number, the date, the name of the person in possession, and signed by the permit holder. Birds killed and accompanied by a receipt under the provisions of this section may be legally possessed.

      Sec. 588.  NRS 503.310 is hereby amended to read as follows:

      503.310  1.  The commission may regulate or prohibit the use of live bait in fishing so that no undesirable species are introduced into the public waters of this state.

      2.  Any person engaged in the sale [,] of live bait [shall] must first obtain a permit from the [department] division for the fee provided in NRS 502.240. The permit may be revoked for any violation of regulations.

      3.  The commission may prescribe the species which may be held or sold by the permittee.

      Sec. 589.  NRS 503.360 is hereby amended to read as follows:

      503.360  1.  It is unlawful for any person at any time to fish from any state hatchery, or from any waters set aside or used for the purpose of rearing or growing fish for transplanting by the state.

      2.  Nothing in this section prohibits employees of the [department] division from handling, at any time, all such fish, as may be required in the propagation, care and distribution of the fish.

      Sec. 590.  NRS 503.380 is hereby amended to read as follows:

      503.380  The [department] division may take or permit the commercial taking of unprotected wildlife in any manner approved by the commission. The commission may fix a price to be paid for wildlife so taken. Unprotected wildlife taken under this authorization may be sold.

      Sec. 591.  NRS 503.400 is hereby amended to read as follows:

      503.400  1.  Every person who has erected, or who may hereafter erect, any dams, water weirs or other obstructions to the free passage of fish in the rivers, streams, lakes or other waters of the State of Nevada shall construct and keep in repair to the satisfaction of the [department] division fishways or fish ladders at all such dams, water weirs or other obstructions so that at all seasons of the year fish may ascend above such dams, water weirs or other obstructions to deposit their spawn.

      2.  Every person so placing, controlling or owning any such obstruction who fails to comply with the provisions of this section after having been notified in writing so to do by the [department,] division, and every person who at any time willfully or knowingly destroys, injures or obstructs any fishway or fish ladder which is required by law is guilty of a misdemeanor.

      Sec. 592.  NRS 503.420 is hereby amended to read as follows:

      503.420  1.  Any person, firm or corporation owning in whole or in part any canal, ditch or any artificial watercourse, taking or receiving its waters from any river, creek or lake in which fish have been placed or may exist, shall place or cause to be placed, and such persons shall maintain at the intake or inlet of such canal, ditch or watercourse, a grating, screen or other device, either stationary or operated mechanically, of such construction, fineness, strength and quality as [shall] may be designated by the [department,] division, to prevent any fish from entering such canal, ditch or watercourse.

      2.  If such person, firm or corporation, after due notice from the [department,] division, fails to install or maintain such grating, screen or device, the commission is authorized to enter upon lands adjacent to the inlet of such canal, ditch or watercourse, and may install therein, and thereafter maintain, such grating, screen or device as in the discretion of the [department] division is proper.


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ê1993 Statutes of Nevada, Page 1674 (Chapter 466, AB 782)ê

 

commission is authorized to enter upon lands adjacent to the inlet of such canal, ditch or watercourse, and may install therein, and thereafter maintain, such grating, screen or device as in the discretion of the [department] division is proper.

      3.  It is unlawful for any person or persons, except a game warden, to remove, tamper with, destroy or in any way molest such screens when the same have been installed.

      Sec. 593.  NRS 503.425 is hereby amended to read as follows:

      503.425  1.  Before a person may use any vacuum or suction dredge equipment in any river, stream or lake of this state, he must submit an application to the [department.] division. The application must be accompanied by a fee of $5 and must specify the type and size of equipment to be used and its location. If the [department] division determines that the operations will not be deleterious to fish it shall issue a permit to the applicant.

      2.  It is unlawful for any person to:

      (a) Conduct dredging operations without securing a permit;

      (b) Operate any equipment other than that specified in the permit; or

      (c) Conduct a dredging operation outside the area designated on the permit.

      Sec. 594.  NRS 503.452 is hereby amended to read as follows:

      503.452  Each trap, snare or similar device used in the taking of wild mammals must bear a number registered with the [department] division or be permanently marked with the name and address of the owner or trapper using it. Registration of a trap is permanent. A registration fee of $5 for each registrant is payable only once, at the time the first trap, snare or similar device is registered.

      Sec. 595.  NRS 503.470 is hereby amended to read as follows:

      503.470  1.  Fur-bearing mammals injuring any property may be taken or killed at any time in any manner, provided a permit is first obtained from the [department.] division.

      2.  When the [department] division has determined from investigations or upon a petition signed by the owners of 25 percent of the land area in any irrigation district or the area served by a ditch company alleging that an excessive population of beaver or otter exists or that beaver or otter are doing damage to lands, streams, ditches, roads or water control structures, the [department] division shall remove such excess or depredating beaver or otter.

      Sec. 596.  NRS 503.540 is hereby amended to read as follows:

      503.540  Whenever the [department] division determines that beaver or otter are doing damage and that it will be necessary to remove beaver or otter from the land of a person to protect the lands of another landowner, the [department shall not be] division is not prevented from taking such beaver or otter by the refusal of the landowner to allow the [department] division’s employees to enter upon his land. The [department] division is authorized to enter upon the lands of such owner and remove beaver or otter for the relief of other landowners and the protection of the public welfare.

      Sec. 597.  NRS 503.570 is hereby amended to read as follows:

      503.570  1.  A person taking or causing to be taken wild mammals by means of traps, snares or any other devices which do not, or are not designed to, cause immediate death to the mammals, shall, when the traps, snares or devices are placed or set for the purpose of taking mammals, visit or cause to be visited at least once each 96 hours each trap, snare or other device during all of the time the trap, snare or device is placed, set or used in the taking of wild mammals, and remove therefrom any mammals caught therein.


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ê1993 Statutes of Nevada, Page 1675 (Chapter 466, AB 782)ê

 

to, cause immediate death to the mammals, shall, when the traps, snares or devices are placed or set for the purpose of taking mammals, visit or cause to be visited at least once each 96 hours each trap, snare or other device during all of the time the trap, snare or device is placed, set or used in the taking of wild mammals, and remove therefrom any mammals caught therein.

      2.  The provisions in subsection 1 do not apply to employees of the [state department] division of agriculture of the department of business and industry or the United States Department of Agriculture when acting in their official capacities.

      Sec. 598.  NRS 503.575 is hereby amended to read as follows:

      503.575  The [department,] division, with the approval of the commission, may sell live beaver.

      Sec. 599.  NRS 503.582 is hereby amended to read as follows:

      503.582  It is unlawful for any person to hunt, trap, possess or sell any species, native or otherwise, of owl, hawk or other birds of prey, including all raptors or the parts thereof, without first obtaining a permit from the [department.] division. The commission may establish regulations covering the hunting, trapping, possession or sale thereof.

      Sec. 600.  NRS 503.583 is hereby amended to read as follows:

      503.583  1.  Any person who practices falconry or trains birds of prey [shall] must obtain a license for [such] that purpose from the [department] division upon payment of a license fee as provided in NRS 502.240.

      2.  The licensee, under permit, may obtain from the wild only two birds per year. All such birds of prey must be banded in accordance with commission regulation.

      3.  Birds of prey may not be taken, captured or disturbed during the months in which they breed.

      4.  This section does not prohibit the capture or killing of a hawk or an owl by holders of scientific collecting permits, except that rare and endangered species must not be killed by holders of scientific collecting permits or holders of licenses issued pursuant to this section.

      Sec. 601.  NRS 503.585 is hereby amended to read as follows:

      503.585  A species or subspecies of native fish, wildlife and other fauna [shall] must be regarded as threatened with extinction when the commission, after consultation with competent authorities, determines that its existence is endangered and its survival requires assistance because of overexploitation, disease or other factors or its habitat is threatened with destruction, drastic modification or severe curtailment. Any animal so declared to be threatened with extinction [shall] must be placed on the list of fully protected species, and no member of its kind may be captured, removed or destroyed at any time by any means except under special permit issued by the [department.] division.

      Sec. 602.  NRS 503.586 is hereby amended to read as follows:

      503.586  Where any bird, mammal or other wildlife which is declared to be in danger of extinction pursuant to NRS 503.585 is found to be destructive of domestic animals or fowl or a menace to health, the [department] division may provide for its destruction or its removal, alive, for translocating.


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ê1993 Statutes of Nevada, Page 1676 (Chapter 466, AB 782)ê

 

      Sec. 603.  NRS 503.589 is hereby amended to read as follows:

      503.589  In carrying out the program authorized by NRS 503.584 to 503.589, inclusive, the [director] administrator shall cooperate, to the maximum extent practicable, with other states and with the counties in the State of Nevada, and he may enter into agreements with such other states and counties and with other legal entities for the administration and management of any area established pursuant to NRS 503.584 to 503.589, inclusive, for the conservation, protection, restoration and propagation of species of native fish, wildlife and other fauna which are threatened with extinction.

      Sec. 604.  NRS 503.595 is hereby amended to read as follows:

      503.595  After the owner or tenant of any land or property has made a report to the [department] division indicating that such land or property is being damaged or destroyed, or is in danger of being damaged or destroyed, by wildlife, the [department] division may, after thorough investigation and pursuant to such regulations as the commission may promulgate, cause such action to be taken as it may deem necessary, desirable and practical to prevent or alleviate such damage or threatened damage to such land or property.

      Sec. 605.  NRS 503.597 is hereby amended to read as follows:

      503.597  1.  It is unlawful, except by the written consent and approval of the [department,] division, for any person at anytime to receive, bring or have brought or shipped into the State of Nevada, or remove from one stream or body of water in this state to any other, or from one portion of the state to any other, or to any other state, any aquatic life, wildlife, spawn, eggs or young of any of them.

      2.  The [department] division shall require an investigation to determine if such introduction or removal will be detrimental. Written consent and approval of the [department shall] division may be given only if the results of [such] the investigation prove that such introduction or importation will not be detrimental to existing aquatic life, wildlife, spawn, eggs or young of any of them.

      3.  The commission may through appropriate regulation provide for the inspection of such introduced or removed creatures and the inspection fees therefor.

      Sec. 606.  NRS 503.610 is hereby amended to read as follows:

      503.610  1.  Except as otherwise provided in subsection 2, it is unlawful for any person, firm, company, corporation or association to kill, destroy, wound, trap, injure, possess dead or alive, or in any other manner to catch or capture, or to pursue with such intent the birds known as the American eagle and the golden eagle, or to take, injure, possess or destroy the nests or eggs of such birds.

      2.  The [department] division may issue permits to take bald eagles or golden eagles whenever it determines that they have become seriously injurious to wildlife or agricultural or other interests in any particular area of the state and the injury complained of is substantial and can only be abated by taking some or all of the offending birds. The issuance of such permits [shall] must be consistent with federal law.

      Sec. 607.  NRS 503.650 is hereby amended to read as follows:

      503.650  Nothing in this Title:


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ê1993 Statutes of Nevada, Page 1677 (Chapter 466, AB 782)ê

 

      1.  Prohibits any person, upon the written permit of the [department,] division, from taking, killing, possessing or banding any species of wildlife, or collecting the nest or eggs thereof, for strictly scientific or educational purposes, the number and species of wildlife to be limited by the [department.] division.

      2.  Prevents shipping into any other county or state, under a written permit issued by the [department,] division, any wildlife for scientific or educational purposes.

The fee for a permit to collect wildlife for scientific or educational purposes is $5.

      Sec. 608.  NRS 504.140 is hereby amended to read as follows:

      504.140  1.  The [department] division is authorized, subject to approval by the commission, to enter into agreements with landowners, individually or in groups, to establish wildlife management areas and to enforce regulations necessary thereto for the purpose of providing greater areas for the public to hunt or fish on private lands and to protect the landowner or lessee from damage due to trespass or excessive hunting or fishing pressure.

      2.  Such an agreement [shall provide] must require that the department [shall] designate certain portions of the area as closed zones for the protection of livestock, buildings, persons and other properties.

      3.  The zones [shall] must be posted conspicuously along all boundaries and it [shall be] is unlawful to hunt, fish or trespass therein or to hunt or fish on any cooperative area contrary to the regulations provided.

      4.  The agreement may designate the number of hunters or fishermen who may be admitted to the area, if such limitation is necessary or desirable.

      Sec. 609.  NRS 504.147 is hereby amended to read as follows:

      504.147  1.  The [department] division may, if such leases or sales do not interfere with the use of such real property for wildlife management or for hunting or fishing thereon:

      (a) Lease, for a term not exceeding 5 years, grazing or pasturage rights in and to real property which is assigned to the [department] division for administration.

      (b) Sell crops or agricultural products of whatever kind produced on such real property.

      2.  Except as otherwise provided in subsection 3, whenever the [department] division intends to lease grazing or pasturage rights or to sell or offer for sale agricultural products as provided in subsection 1, the [department] division may do so only by advertising for bids, reserving in such advertising the right to reject any or all bids.

      3.  The [department] division may enter into such a lease with or make such a sale to a state agency without advertising for bids if the rent agreed to be paid for the lease or the sale price agreed to be paid for any agricultural commodities to be sold is, in the opinion of the [department,] division, equal to the amount that would be obtained by advertising for bids.

      4.  If the [department] division finds that the highest or best bid is less than the amount that should be paid, the [department] division may reject all bids and negotiate with interested persons for such lease or sale, but shall not accept any negotiated price if it is less in amount than the highest bid tendered for the same lease or sale.


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ê1993 Statutes of Nevada, Page 1678 (Chapter 466, AB 782)ê

 

      5.  If the deed to real property assigned to the [department] division for administration contains a covenant or provision giving to the grantor an option to meet the highest bid for any lease by the [department] division of grazing or pasturage rights to the real property or the sale of agricultural products from it, the [department] division shall comply with the terms of the covenant or provision in the deed.

      Sec. 610.  NRS 504.155 is hereby amended to read as follows:

      504.155  All gifts, grants, fees and appropriations of money received by the [department] division for the prevention and mitigation of damage caused by elk or game mammals not native to this state, and the interest and income earned on the money, less any applicable charges, must be accounted for separately within the wildlife account and may only be disbursed as provided in the regulations adopted pursuant to NRS 504.165.

      Sec. 611.  NRS 504.165 is hereby amended to read as follows:

      504.165  1.  The commission shall adopt regulations governing the disbursement of money to:

      (a) Prevent or mitigate damage to private property and privately maintained improvements; and

      (b) Compensate persons for grazing reductions and the loss of stored and standing crops,

caused by elk or game mammals not native to this state.

      2.  The regulations must contain:

      (a) Requirements for the eligibility of those persons claiming damage to private property or privately maintained improvements to receive money or materials from the [department,] division, including a requirements that such a person enter into a cooperative agreement with the [director] administrator for purposes related to this Title.

      (b) Procedures for the formation of local panels to assess damage caused by elk or game mammals not native to this state and to determine the value of a loss claimed if the person claiming the loss and the [department] division do not agree on the value of the loss.

      (c) Procedures for the use on private property of materials purchased by the state to prevent damage caused by elk or game mammals not native to this state.

      (d) Any other regulations necessary to carry out the provisions of this section and NRS 504.155 and 504.175.

      3.  Money may not be disbursed to a claimant pursuant to this section unless the claimant shows by a preponderance of the evidence that the damage for which he is seeking compensation was caused solely by elk or game mammals not native to this state.

      Sec. 612.  NRS 504.175 is hereby amended to read as follows:

      504.175  The [director] administrator shall, on or before the fifth calendar day of each regular session of the legislature, submit to the legislature a report summarizing the actions taken by the [department] division to prevent or mitigate damage caused by elk or game mammals not native to this state. The report must include a list of the expenditures made pursuant to this section and NRS 504.155 and 504.165 during the preceding biennium and a determination of the amount of money remaining for those purposes.


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ê1993 Statutes of Nevada, Page 1679 (Chapter 466, AB 782)ê

 

      Sec. 613.  NRS 504.295 is hereby amended to read as follows:

      504.295  1.  It is unlawful for any person to possess, cultivate or cause the propagation of any live wildlife unless he is licensed by the [department] division to do so.

      2.  The commission shall adopt regulations for the possession, cultivation and propagation of live wildlife. The regulations must set forth the species of wildlife which may be possessed, cultivated and propagated, and provide for the inspection by the [department] division of any related facilities.

      3.  In accordance with the regulations of the commission, the [department] division may issue commercial and noncommercial licenses for the possession, cultivation and propagation of live wildlife upon receipt of the applicable fee.

      Sec. 614.  NRS 504.310 is hereby amended to read as follows:

      504.310  1.  Before being entitled to the benefits of any commercial or private shooting preserve, the owner or proprietor thereof [shall] must make application to the [department.] division. The application [shall] must set forth:

      (a) The name and location of the shooting preserve.

      (b) A legal description of the area included in the preserve.

      (c) A statement whether the preserve is to be a commercial or private preserve.

      (d) If the application is for a commercial shooting preserve, a statement of fees that are to be collected for the privilege of shooting on the preserve.

      2.  If, after investigation, the [department] division is satisfied that the tract is suitable for the purpose, and that the establishment of such a preserve will not conflict with the public interest, the [department] division may issue a commercial or private shooting preserve license upon the payment of a license fee as provided in NRS 502.240.

      Sec. 615.  NRS 504.320 is hereby amended to read as follows:

      504.320  1.  Before any shooting may be done on such commercial or private shooting preserve, the licensee must advise the [department,] division, in writing, of the number of each species of upland game bird reared, purchased or acquired for liberation, and request, and receive in writing, a shooting authorization which [shall state] states the number of each species which may be taken by shooting.

      2.  Birds must be at least 8 weeks of age, full winged, and in a condition to go wild before liberation. [Prior to] Before release, all birds [shall] must be banded with legbands, the specifications of which [shall] must be determined by commission regulation. Legbands [shall] must remain with the birds and not be removed until the birds are utilized by the hunter.

      3.  The licensee, or with his written permit the holder thereof, may take such upland game bird from such licensed preserve by shooting only, from August 1 to April 30, inclusive.

      4.  Permits to hunt on such licensed preserve may be used only on the date of issuance, and the hunter must carry the permit on his person at all times while on the area and while in possession of birds taken on such area.

      Sec. 616.  NRS 504.350 is hereby amended to read as follows:

      504.350  1.  No game bird taken in accordance with the provisions of NRS 504.300 to 504.380, inclusive, [shall] may be removed from the licensed premises until the licensee or his agent has attached thereto an invoice, signed by the licensee or his agent, stating:

 


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ê1993 Statutes of Nevada, Page 1680 (Chapter 466, AB 782)ê

 

licensed premises until the licensee or his agent has attached thereto an invoice, signed by the licensee or his agent, stating:

      (a) The number of his license.

      (b) The name of the shooting preserve.

      (c) The date that the birds were killed.

      (d) The kind and number of such birds.

      (e) The name and address of the hunter killing such birds.

      2.  The invoice [shall] must authorize transportation and use of the birds.

      3.  Within 1 week thereafter, the licensee or his agent shall mail, postpaid, a duplicate of the invoice to the [department.] division.

      Sec. 617.  NRS 504.360 is hereby amended to read as follows:

      504.360  Every licensee of a commercial or private shooting preserve under this chapter shall keep records and make an annual report to the [department] division of the number of birds released and the number of birds killed on the preserve. [Such report shall] The report must be verified by the affidavit of the licensee or his agent. The record [shall] must be continuous and kept on the premises described in the application for license, and the licensee shall allow any person authorized to enforce the provisions of this Title to enter such premises and inspect his operations and records at all reasonable hours.

      Sec. 618.  NRS 504.390 is hereby amended to read as follows:

      504.390  1.  As used in this section, unless the context requires otherwise, “guide” means to assist another person in hunting wild mammals or wild birds and fishing and includes the transporting of another person or his equipment to hunting and fishing locations within a general hunting and fishing area whether or not the guide determines the destination or course of travel.

      2.  Every person who provides guide service for compensation or provides guide service as an incidental service to customers of any commercial enterprise, whether a direct fee is charged for the guide service or not, shall obtain a master guide license from the [department.] division. Such a license must not be issued to any person who has not reached 21 years of age.

      3.  Each person who assists a person who is required to have a master guide license and acts as a guide in the course of that activity shall obtain a subguide license from the [department.] division. Such a license must not be issued to any person who has not reached 18 years of age.

      4.  Fees for master guide and subguide licenses must be as provided in NRS 502.240.

      5.  Any person who desires a master guide license must apply for the license on a form prescribed and furnished by the [department.] division. The application must contain such information as the commission may require by regulation. If that person was not licensed as a master guide during the previous licensing year, his application must be accompanied by a fee of $500, which is not refundable.

      6.  Any person who desires a subguide license must apply for the license on a form prescribed and furnished by the [department.] division.

      7.  If the holder of a master guide license operates with pack or riding animals, he shall also have a grazing or special use permit if he operates in any area where such a permit is required.


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ê1993 Statutes of Nevada, Page 1681 (Chapter 466, AB 782)ê

 

      8.  The holder of a master guide license shall maintain records of the number of hunters and fishermen served, and any other information which the [department] division may require concerning fish and game taken by such persons. Such information must be furnished to the [department] division on request.

      9.  If any licensee under this section, or person served by a licensee, is convicted of a violation of any provision of this Title or chapter 488 of NRS, the commission may revoke the license of the licensee and may refuse issuance of another license to the licensee for a period not to exceed 5 years.

      10.  The commission may adopt regulations covering the conduct and operation of a guide service.

      11.  The [department] division may issue master guide and subguide licenses to be valid only in certain districts in such manner as may be determined by the regulations of the commission.

      Sec. 619.  NRS 506.020 is hereby amended to read as follows:

      506.020  The [director of the department of wildlife] administrator of the division of wildlife of the state department of conservation and natural resources shall appoint a person to serve on the board of compact administrators as the compact administrator for this state as required by section 1 of article VII of the Wildlife Violators Compact.

      Sec. 620.  NRS 512.004 is hereby amended to read as follows:

      512.004  “Administrator” means the administrator of the division of [mine inspection of the department of] industrial relations [.] of the department of business and industry.

      Sec. 621.  NRS 512.020 is hereby amended to read as follows:

      512.020  1.  [The administrator or any] Any person employed by [him] the administrator pursuant to the provisions of this chapter must not : [, at the time of his appointment or employment, or at any time during his term of office or employment:]

      (a) Be an officer, director or employee, or have any personal or private interest in any operating mine, mill, smelter or ore reduction plant or the products thereof;

      (b) Hold, directly or indirectly, any financial interest in any company, partnership, organization or corporation or subsidiary of a corporation, which owns, operates or has a financial interest in any mines which are subject to the provisions of this chapter; or

      (c) Be an officer or employee of any labor organization.

      2.  [The] A person appointed as the assistant administrator responsible for the inspection of mines must have [had] at least 7 years of technical, operational or management experience in at least two of the following areas:

      (a) Mines;

      (b) Mills;

      (c) Beneficiation plants; or

      (d) Smelters,

at least 3 years of which must be in underground mining.

      Sec. 622.  NRS 513.011 is hereby amended to read as follows:

      513.011  As used in this chapter, unless the context requires otherwise:

      1.  “Administrator” means the administrator of the division.

      2.  “Commission” means the commission on mineral resources.


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ê1993 Statutes of Nevada, Page 1682 (Chapter 466, AB 782)ê

 

      [2.  “Department”]

      3.  “Division” means the [department] division of minerals [.

      3.  “Executive director” means the executive director of the department.] of the department of business and industry.

      Sec. 623.  NRS 513.043 is hereby amended to read as follows:

      513.043  1.  The members of the commission shall select a chairman from among their number who shall serve at the pleasure of the commission.

      2.  The [executive director] administrator shall serve as secretary of the commission and shall keep the minutes of its proceedings.

      Sec. 624.  NRS 513.053 is hereby amended to read as follows:

      513.053  1.  The commission shall meet at such times and at such places as is specified by the call of the chairman or a majority of the commission, but a meeting of the commission must be held at least once every 4 months. In case of emergency, special meetings may be called by the chairman or by the [executive director.] administrator.

      2.  Four members of the commission constitute a quorum for transacting the business of the commission.

      3.  The minutes of each meeting of the commission must be filed with the [department.] division.

      Sec. 625.  NRS 513.073 is hereby amended to read as follows:

      513.073  [1.  The department of minerals is hereby created.

      2.  The department consists of:

      (a) The division of administration.

      (b) The division of regulation.

      (c) Such other divisions as the executive director may from time to time establish.

      3.  The division of administration shall:

      (a) Maintain a central recordkeeping system, keep personnel records of the department’s employees and administer personnel rules, conduct the fiscal and auditing functions of the department and perform such other administrative services as are required by the department.

      (b)]The division shall:

      1.  Encourage and assist in the exploration for and the production of oil, gas, geothermal energy and minerals within this state.

      [(c)]2.  Collect and disseminate throughout the state information calculated to educate persons engaged in those enterprises and benefit those enterprises in this state, and any information pertaining to any program administered by the [department.

      4.  The division of regulation shall:

      (a)] division.

      3.  Maintain a register of all mining operations and operations for the production of oil, gas and geothermal energy in this state.

      [(b)]4.  Record annually the production of each registered mining operation and operation for the production of oil, gas and geothermal energy in this state.

      [(c)]5.  Administer the provisions of chapter 522 of NRS.

      [(d)]6.  Administer any regulations adopted by the commission.

      Sec. 626.  NRS 513.075 is hereby amended to read as follows:

      513.075  The [department] division shall:


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ê1993 Statutes of Nevada, Page 1683 (Chapter 466, AB 782)ê

 

      1.  Prescribe a suggested form for each certificate or other document required to be recorded to locate or maintain a mining claim, mill site or tunnel right.

      2.  Adopt regulations to ensure that all maps established and maintained pursuant to subsection 3 of NRS 517.040 and subsection 2 of NRS 517.100 are prepared in a similar manner.

      Sec. 627.  NRS 513.083 is hereby amended to read as follows:

      513.083  1.  The chief administrative officer of the [department] division is the [executive director,] administrator, who must be appointed by the [governor] director of the department of business and industry from a list of three nominees selected by the commission.

      2.  The [executive director must] administrator of the division:

      (a) Must be a graduate of an accredited college or university and [must] have substantial experience as an administrator or at least 5 years’ experience in the exploration for or the production or conservation of minerals.

      [3.  The executive director is]

      (b) Is in the unclassified service of the state . [and serves at the pleasure of the commission.

      4.  The executive director shall]

      (c) Shall devote his entire time and attention to his duties as a public officer and shall not pursue any other business or occupation or hold any other public office of profit.

      Sec. 628.  NRS 513.093 is hereby amended to read as follows:

      513.093  The [executive director:] administrator:

      1.  Shall coordinate the activities of the [various divisions of the department.

      2.  May serve as administrator for any division.

      3.  May appoint an administrator for any division. The administrator must be appointed on the basis of fitness and is in the unclassified service.

      4.  Shall] division.

      2.  Shall report to the commission upon all matters pertaining to the administration of the [department.

      5.] division.

      3.  Shall submit a biennial report to the governor and the legislature through the commission concerning the work of the [department,] division, with recommendations that he may deem necessary. The report [shall] must set forth the facts relating to the condition of mining and of exploration for and production of oil and gas in the state.

      Sec. 629.  NRS 513.094 is hereby amended to read as follows:

      513.094  1.  An additional fee of $0.50 per claim is imposed upon all filings to which NRS 517.185 applies. Each county recorder shall collect and pay over the additional fee, and the additional fee must be deposited, in the same manner as provided in that section.

      2.  The [executive director] administrator shall, within the limits of the money provided by this fee, establish a program to discover dangerous conditions that result from mining practices which took place at a mine that is no longer operating, identify if feasible the owner or other person responsible for the condition, and rank the conditions found in descending order of danger. He shall annually during the month of January, or oftener if the danger discovered warrants, inform each board of county commissioners concerning the dangerous conditions found in the respective counties, including their degree of danger relative to one another and to such conditions found in the state as a whole.


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ê1993 Statutes of Nevada, Page 1684 (Chapter 466, AB 782)ê

 

danger discovered warrants, inform each board of county commi ssioners concerning the dangerous conditions found in the respective counties, including their degree of danger relative to one another and to such conditions found in the state as a whole. He shall further work to educate the public to recognize and avoid those hazards resulting from mining practices which took place at a mine that is no longer operating.

      3.  To carry out this program and these duties, the [executive director] administrator shall employ a qualified assistant, who must be in the unclassified service of the state and whose position is in addition to the unclassified positions otherwise authorized in the [department] division by statute.

      4.  The commission shall provide by regulation:

      (a) Standards for determining which conditions created by the abandonment of a former mine or its associated works constitute a danger to persons or animals and for determining the relative degree of danger. A condition whose existence violates a federal or state statute or regulation intended to protect public health or safety is a danger by virtue of that violation.

      (b) Standards for abating the kinds of dangers usually found, including but not limited to standards for excluding persons and animals from dangerous open excavations.

      Sec. 630.  NRS 513.103 is hereby amended to read as follows:

      513.103  1.  The account for the [department] division of minerals is hereby created in the state general fund.

      2.  The following special fees and money must be deposited in the account:

      (a) All fees collected pursuant to NRS 513.094, 517.185 and chapter 522 of NRS.

      (b) All money collected pursuant to NRS 235.016.

      (c) Any money received by the [department] division from a county pursuant to NRS 513.108.

      (d) Any money appropriated to the [department] division from the state general fund.

      3.  No money except that appropriated from the state general fund lapses to the state general fund.

      4.  The money in the account is appropriated to the [department.] division. The money deposited in the account pursuant to paragraph (a) of subsection 2, and the interest earned thereon, must be expended for the purposes of administering chapter 522 of NRS and the provisions of this chapter, except for NRS 513.108. The money deposited pursuant to paragraphs (b) and (c) of subsection 2, and the interest earned thereon, must be distributed to the counties pursuant to NRS 513.108, except that portion required to pay the cost of administering the provisions of that section. All interest earned on the account must remain in the account.

      Sec. 631.  NRS 513.108 is hereby amended to read as follows:

      513.108  1.  The board of county commissioners in each county may apply to the [department] division for money to abate a dangerous condition resulting from mining practices which took place at a mine that is no longer operating.

      2.  The [department] division shall, within the limits of the money available pursuant to paragraphs (b) and (c) of subsection 2 of NRS 513.103, provide counties with money to abate such dangerous conditions based on the relative degree of danger of those conditions.


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ê1993 Statutes of Nevada, Page 1685 (Chapter 466, AB 782)ê

 

provide counties with money to abate such dangerous conditions based on the relative degree of danger of those conditions.

      3.  If a county which receives money from the [department] division subsequently receives monetary compensation from the mine owner or other person responsible for the existence of the dangerous condition, it shall reimburse the [department] division to the extent of the compensation received. Any money received by the [department] division pursuant to this subsection must be deposited in the account for the [department] division of minerals created pursuant to NRS 513.103.

      Sec. 632.  NRS 513.113 is hereby amended to read as follows:

      513.113  The [department] division may request assistance from the bureau of mines and geology of the State of Nevada and the state engineer and cooperate with them in carrying out the purposes of this chapter.

      Sec. 633.  NRS 517.040 is hereby amended to read as follows:

      517.040  1.  Within 90 days after posting the notice of location the locator of a lode mining claim shall prepare two copies of a map of the claim on a scale of not less than 500 feet to the inch, which sets forth the position of the monuments in relation to each other and establishes numbers of the boundary monuments. Where the land has been surveyed by the United States, the description must be connected by courses and distances to an official corner of the public land survey. Where the land has not been surveyed by the United States or where official corners cannot be found through the exercise of due diligence, the description must be tied by courses and distance to a natural landmark or a readily identifiable artificial landmark which is customarily shown on a map, including, without limitation, a bench mark or the point at which two roads intersect. The description must also state the township and range, and where the lands are surveyed lands, the quarter section and section in which the landmark and the mining claim are situated. The locator need not employ a professional surveyor or engineer, but each locator shall prepare a map which is in accordance with his abilities to map and properly set forth the boundaries and location of his claim. The size of each sheet must be either 8 1/2 by 14 inches or 24 by 36 inches. Any 8 1/2- by 14-inch sheet must be capable of being photocopied. Any 24- by 36-inch sheet must be a mylar print or other material capable of being reproduced by standard means.

      2.  Within 90 days after the posting of the notice of location, the locator shall file both copies of the map with the county recorder in the county in which the claim is located together with a filing fee of $15 for each claim whose boundaries and location are set forth on the map.

      3.  Using the proceeds of these filing fees, the county:

      (a) Shall establish and maintain, in accordance with the regulations of the [department of minerals,] division of minerals of the department of business and industry, a map of the mining claims in the county that must accurately record the location of all mining claims filed after July 1, 1971;

      (b) Shall purchase and maintain the necessary equipment used in establishing, maintaining and duplicating the map; and

      (c) May use any remaining money for any purpose determined by the county recorder.

The map is a public record.


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ê1993 Statutes of Nevada, Page 1686 (Chapter 466, AB 782)ê

 

      4.  The county recorder shall not refuse to accept a map submitted by a locator unless he can affirmatively show that the map submitted does not accurately reflect the location of all the claims.

      5.  The county recorder shall send one copy of the locator’s map and one copy of the certificate of location to the county surveyor as soon as practicable after its receipt.

      Sec. 634.  NRS 517.100 is hereby amended to read as follows:

      517.100  Within 90 days after posting the notice of location of a placer claim, the locator shall perform the following:

      1.  Prepare two copies of a map of the claim which must be of a scale of not less than 500 feet to the inch. Where the United States survey has been extended over the land embraced in the location, the claim may be taken and described on the map by legal subdivisions as provided in NRS 517.090. Where the land has not been surveyed by the United States or where official corners cannot be found through the exercise of due diligence, the map must set forth the position of the monuments in relation to each other, establish numbers of monuments, and the descriptions must be tied to a natural landmark or a readily identifiable artificial landmark as provided in NRS 517.040.

      2.  File the maps with the county recorder in the county in which the claim is located together with a filing fee of $1 per acre. One-half of the filing fee must be utilized by the county to establish and maintain, in accordance with the regulations of the [department of minerals,] division of minerals of the department of business and industry, a map of the mining claims in the county that must accurately record the location of all mining claims filed after July 1, 1971, which is a public record. The remaining part of the fee may be used for the same purposes as any other general revenue of the county.

      Sec. 635.  NRS 517.185 is hereby amended to read as follows:

      517.185  Each filing pursuant to NRS 517.050, 517.080, 517.110, 517.140, 517.170, 517.200 and 517.230 must be submitted with a fee of $0.75 per claim. The county recorder shall collect the fee and quarterly pay the money collected to the [department of minerals. The department] division of minerals of the department of business and industry. The division shall deposit with the state treasurer, for credit to the account for the [department] division of minerals, all money received pursuant to this section.

      Sec. 636.  NRS 519A.140 is hereby amended to read as follows:

      519A.140  The division shall:

      1.  Administer and enforce the provisions of NRS 519A.010 to 519A.280, inclusive, and the regulations adopted by the commission pursuant to NRS 519A.160.

      2.  Employ persons who are experienced and qualified in the area of reclamation.

      3.  Enter into a memorandum of understanding with both the United States Bureau of Land Management and the United States Forest Service concerning the adoption by those agencies of plans of reclamation that:

      (a) Apply to mining operations or exploration projects that are conducted on a site which includes both public land administered by a federal agency and privately owned land; and


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ê1993 Statutes of Nevada, Page 1687 (Chapter 466, AB 782)ê

 

      (b) Substantially provide for the reclamation and security required by this chapter.

      4.  Develop and offer to operators on a regular basis educational workshops that include and emphasize reclamation training and techniques suitable for small exploration projects and mining operations.

      5.  Offer advice and technical assistance to operators.

      6.  Approve, reject or impose conditions upon the approval of any plan for reclamation for an exploration project or mining operation.

      7.  Provide the [department of minerals] division of minerals of the department of business and industry with a copy of any conditions imposed upon an approved plan and the security required, on the same day that information is sent to the operator.

      Sec. 637.  NRS 519A.210 is hereby amended to read as follows:

      519A.210  A person who desires to engage in a mining operation must:

      1.  File with the division, upon a form approved by it, an application for a permit for each location at which he will conduct operations. The application must include:

      (a) The name and address of the applicant and, if a corporation or other business entity, the name and address of its principal officers and its resident agent for service of process;

      (b) A completed checklist developed by the division pursuant to NRS 519A.220; and

      (c) Any other information required by the regulations adopted by the commission pursuant to NRS 519A.160.

      2.  Pay to the division the application fee established in the regulations adopted by the commission pursuant to NRS 519A.160.

      3.  Agree in writing to assume responsibility for the reclamation of any land damaged as a result of the mining operation.

      4.  Not be in default of any other obligation relating to reclamation pursuant to this chapter.

      5.  File with the division a bond or other surety in a form and amount required by regulations adopted by the commission pursuant to NRS 519A.160.

      6.  File with the [department of minerals] division of minerals of the department of business and industry a copy of the plan for reclamation which is filed with the application pursuant to subsection 1, on the same day the application is filed with the division.

      Sec. 638.  NRS 519A.250 is hereby amended to read as follows:

      519A.250  1.  An operator who is required by federal law to file a plan of operation, an amended plan of operation or a notice of intent with the United States Bureau of Land Management or the United States Forest Service for operations relating to mining or exploration on public land administered by a federal agency, shall, not later than 30 days after approval of the plan or amended plan, or within 30 days after filing a notice, provide the [department of minerals] division of minerals of the department of business and industry with a copy of the filing and pay the following fee to the [department] division of minerals:


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ê1993 Statutes of Nevada, Page 1688 (Chapter 466, AB 782)ê

 

      (a) For a plan of operation or an amended plan of operation filed with the United States Bureau of Land Management or the United State s Forest Service, the operator shall pay a fee of $20 for each acre or part of an acre of land to be disturbed by mining included in the plan or incremental acres to be disturbed under an amended plan.

      (b) For a notice of intent filed with the United States Bureau of Land Management or the United States Forest Service, the operator shall pay a fee of $20.

      2.  The [department] division of minerals shall adopt by regulation a method of refunding a portion of the fees required by this section if a plan of operation is amended to reduce the number of acres or part of an acre to be disturbed under the amended plan. The refund must be based on the reduced number of acres or part of an acre to be disturbed.

      3.  All money received by the [department] division of minerals pursuant to subsection 1 must be accounted for separately and used by the [department] division of minerals to create and administer a program for the abatement of hazardous conditions existing at abandoned mine sites which have been identified and ranked pursuant to the degree of hazard established by regulations adopted by the [department] division of minerals. All interest and income earned on the money in the account, after deducting applicable charges, must be deposited in the account for the [department] division of minerals.

      4.  On or after February 1 of each odd-numbered year, the [department] division of minerals shall file a report with the governor and the legislature describing its activities, total revenues and expenditures pursuant to this section.

      Sec. 639.  NRS 519A.290 is hereby amended to read as follows:

      519A.290  1.  The [department of minerals] division of minerals of the department of business and industry shall develop and administer a program providing for the pooling of reclamation performance bonds to assist operators to meet the bonding and surety requirements of this chapter. The program must:

      (a) Be designed to reduce the financial burden of obtaining a reclamation performance bond for small mining operations;

      (b) Require each operator who participates in the program to pay an amount into the pool each year which annually is actuarially determined to enable the program to be self-sustaining;

      (c) Use the money in the pool to cover the bonded liability of the operators who participate in the program;

      (d) Provide a limit on the total bonded liability of any person that may be covered under the program; and

      (e) Provide conditions for the release of bonds and bond forfeiture.

      2.  The [department] division of minerals shall adopt regulations relating to the development and administration of the program.

      3.  In the event that an operator’s reclamation performance bond is forfeited, the attorney general may bring an action in the name of the State of Nevada in any court of competent jurisdiction against the operator to recover the costs incurred by the program in the reclamation of the land.


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ê1993 Statutes of Nevada, Page 1689 (Chapter 466, AB 782)ê

 

      Sec. 640.  NRS 522.023 is hereby amended to read as follows:

      522.023  [“Department”] “Division” means the [department] division of minerals [.] of the department of business and industry.

      Sec. 641.  NRS 522.040 is hereby amended to read as follows:

      522.040  1.  The [department] division has jurisdiction and authority over all persons and property, public and private, necessary to effectuate the purposes and intent of this chapter.

      2.  The [department] division shall make investigation to determine whether waste exists or is imminent, or whether other facts exist which justify or require action by it.

      3.  The [department] division shall adopt regulations, make orders and take other appropriate action to effectuate the purposes of this chapter.

      4.  The [department] division may:

      (a) Require:

             (1) Identification or ownership of wells, producing leases, tanks, plants and drilling structures.

             (2) The making and filing of reports, well logs and directional surveys. Logs of exploratory or “wildcat” wells marked “confidential” must be kept confidential for 6 months after the filing thereof, unless the owner gives written permission to release those logs at an earlier date.

             (3) The drilling, casing and plugging of wells in such a manner as to prevent the escape of oil or gas out of one stratum into another, the intrusion of water into an oil or gas stratum, the pollution of fresh water supplies by oil, gas or salt water, and to prevent blowouts, cavings, seepages and fires.

             (4) The furnishing of a reasonable bond with good and sufficient surety conditioned for the performance of the duty to plug each dry or abandoned well or the repair of wells causing waste.

             (5) The operation of wells with efficient gas-oil and water-oil ratios, and to fix these ratios.

             (6) The gauging or other measuring of oil and gas to determine the quality and quantity thereof.

             (7) That every person who produces oil or gas in this state keep and maintain for a period of 5 years within this state complete and accurate record of the quantities thereof, which must be available for examination by the [department] division or its agents at all reasonable times.

      (b) Regulate, for conservation purposes:

             (1) The drilling, producing and plugging of wells.

             (2) The shooting and chemical treatment of wells.

             (3) The spacing of wells.

             (4) The disposal of salt water, nonpotable water and oil field wastes.

             (5) The contamination or waste of underground water.

      (c) Classify wells as oil or gas wells for purposes material to the interpretation or enforcement of this chapter.

      Sec. 642  NRS 522.050 is hereby amended to read as follows:

      522.050  A person desiring to drill a well in search of oil or gas shall notify the [department] division of that intent on a form prescribed by the [department] division and shall pay a fee of $50 for a permit for each well. Upon receipt of notification and fee, the [department] division shall promptly issue such a person a permit to drill, unless the drilling of the well is contrary to law or a regulation or order of the [department.]


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ê1993 Statutes of Nevada, Page 1690 (Chapter 466, AB 782)ê

 

law or a regulation or order of the [department.] division. The drilling of a well is prohibited until a permit to drill is obtained in accordance with the provisions of this chapter.

      Sec. 643.  NRS 522.060 is hereby amended to read as follows:

      522.060  1.  For the prevention of waste, to protect and enforce the correlative rights of lessees in a pool, and to avoid the augmentation and accumulation of risks arising from the drilling of an excessive number of wells, or the reduced recovery which might result from too small a number of wells, the [department] division shall, after a hearing, establish a drilling unit or units for each pool. The establishment of a unit for gas must be limited to the production of gas.

      2.  Each well permitted on a drilling unit must be drilled under such regulations and in accordance with such a spacing pattern as the [department] division prescribes for the pool in which the well is located. Exceptions to the regulations and spacing pattern may be granted where it is shown, after notice and hearing, that the unit is partly outside the pool, or for some other reason a well so located on the unit would be nonproductive, or topographical conditions are such as to make the drilling at such a location unduly burdensome. If an exception is granted, the [department] division shall offset any advantage which the person securing the exception may have over other producers and shall prevent or minimize drainage from developed units to the tract to which the exception is granted. The producer of the well drilled as an exception must be allowed to produce no more than a just and equitable share of the oil and gas in the pool.

      3.  When two or more separately owned tracts of land are within an established drilling unit, persons owning the drilling rights therein and the right to share in the production therefrom may agree to pool their interests and develop their lands as a drilling unit. If those persons do not agree to pool their interests, the [department] division may, for the prevention of waste, for the protection of correlative rights, or to avoid the drilling of unnecessary wells, enter an order pooling and integrating their interests for the development of their lands as a drilling unit. Orders effectuating such pooling must be made after notice and hearing, and must be upon terms and conditions which will afford to the owner of each tract the opportunity to recover or receive his just and equitable share of the oil and gas in the pool without unnecessary expense. Operations incident to the drilling of a well upon any portion of a unit covered by a pooling order shall be deemed for all purposes to be the conduct of the operation upon each separately owned tract in the unit by the several lessees thereof. The portion of the production allocated to the lessee of each tract included in a drilling unit formed by a pooling order shall, when produced, be considered as if it had been produced from the tract by a well drilled thereon.

      4.  If the pooling is effectuated, the cost of development and operation of the pooled unit chargeable by the operator to the other interested lessees is limited to the actual and reasonable expenditures required for that purpose, including a reasonable charge for supervision. As to lessees who refuse to agree upon pooling, the order must provide for reimbursement for 300 percent of the costs chargeable to each lessee out of, and only out of, production from the unit belonging to the lessee. In the event of a dispute relative to those costs, the [department] division shall, upon notice to all interested parties and hearing thereon, determine the proper costs.


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ê1993 Statutes of Nevada, Page 1691 (Chapter 466, AB 782)ê

 

relative to those costs, the [department] division shall, upon notice to all interested parties and hearing thereon, determine the proper costs. Appeals may be taken from the determination as from any other order of the [department.] division. If one or more of the lessees drill and operate, or pay the expense of drilling and operating, the well for the benefit of others, then in addition to any other right conferred by the pooling order, the lessee or lessees so drilling or operating have a lien on the share of production from the unit accruing to the interest of each of the other lessees for the payment of his proportionate share of the expenses. All the oil and gas subject to the lien, or so much thereof as is necessary, must be marketed and sold by the creditor, and the proceeds applied in payment of the expenses secured by the lien, with the balance, if any, payable to the debtor.

      5.  The [department] division shall, in all instances where a unit has been formed out of lands or areas of more than one ownership, require the operator, upon request of a lessee, but subject to the right of the operator to market production and collect the proceeds with respect to a lessee in default, as provided in subsection 4, to deliver to the lessee or his assigns his proportionate share of the production from the well common to the drilling unit. The lessee receiving his share shall provide at his own expense proper receptacles for the receipt and storage thereof.

      6.  If the persons owning the drilling or other rights in separate tracts embraced within a drilling unit fail to agree upon the pooling of the tracts and the drilling of a well on the unit, and if the [department] division is without authority to require pooling as provided by this section, then subject to all other applicable provisions of this chapter, the lessee of each tract embraced within the drilling unit may drill on his tract, but the allowable production from the tract is such a proportion of the allowable production for the full drilling unit as the area of the separately owned tract bears to the full drilling unit.

      Sec. 644.  NRS 522.080 is hereby amended to read as follows:

      522.080  The use of gas from a well producing gas only, or from a well which is primarily a gas well, for the manufacture of carbon black or similar products predominantly carbon, is declared to constitute waste prima facie, and the gas well must not be used for any such purpose unless it is clearly shown at a public hearing to be held by the [department,] division, on application of the person desiring to use the gas, that waste would not take place by the use of the gas for the purpose applied for, and that gas which would otherwise be lost is now available for that purpose, and that the gas to be used cannot be used for a more beneficial purpose, such as for light or fuel, except at prohibitive cost, and that it would be in the public interest to grant the permit. If the [department] division finds that the applicant has clearly shown a right to use the gas for the purpose applied for, it shall issue a permit upon such terms and conditions as may be found necessary in order to permit the use of the gas and at the same time require compliance with the intent of this section.

      Sec. 645.  NRS 522.082 is hereby amended to read as follows:

      522.082  As used in NRS 522.0824 to 522.0878, inclusive, “unit production” includes all oil and gas produced from a unit area from and after the effective date of the order of the [department] division creating the unit regardless of the well or tract within the unit area from which it is produced.


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ê1993 Statutes of Nevada, Page 1692 (Chapter 466, AB 782)ê

 

effective date of the order of the [department] division creating the unit regardless of the well or tract within the unit area from which it is produced.

      Sec. 646.  NRS 522.0824 is hereby amended to read as follows:

      522.0824  1.  To prevent, or to assist in preventing waste, as prohibited by this chapter, to ensure a greater ultimate recovery of oil and gas, and to protect the correlative rights of persons owning interests in the tracts of land affected, those persons may validly integrate their interests to provide for the unitized management, development and operation of those tracts of land as a unit. Where those persons have not agreed so to integrate their interests, the [department,] division, upon proper petition, after notice and hearing, shall make and enforce such orders and do such things as may be necessary or proper to carry out the purposes of NRS 522.0828 to 522.0878, inclusive.

      2.  The petition must set forth a description of the proposed unit area with a map or plat thereof attached, must allege the existence of the facts required to be found by the [department] division as provided in NRS 522.0828 and must have attached thereto a recommended plan of unitization applicable to the proposed unit area and which the petitioner considers to be fair, reasonable and equitable.

      Sec. 647.  NRS 522.0828 is hereby amended to read as follows:

      522.0828  If upon the filing of a petition and after notice and hearing, the [department] division finds that:

      1.  The unitized management, operation and further development of a pool or portion thereof is reasonably necessary in order effectively to carry on pressure control, pressure-maintenance or repressuring operations, cycling operations, waterflooding operations, or any combination thereof, or any other form of joint effort calculated to substantially increase the ultimate recovery of oil and gas from the pool;

      2.  One or more of the unitized methods of operation as applied to the pool or portion thereof are feasible, will prevent waste and will, with reasonable probability, result in the increased recovery of substantially more oil and gas from the pool than would otherwise be recovered;

      3.  The estimated additional cost, if any, of conducting those operations will not exceed the value of the additional oil and gas so recovered; and

      4.  The unitization and adoption of one or more of the unitized methods of operation is for the common good and will result in the general advantage of the owners of the oil and gas rights within the pool or the portion thereof directly affected,

it shall make a finding to that effect and make an order creating the unit and providing for the unitization and unitized operation of the pool or portion thereof described in the order, all upon such terms and conditions, as may be shown by the evidence to be fair, reasonable, equitable, and which are necessary or proper to protect, safeguard and adjust the respective rights and obligations of the several persons affected, including royalty owner, owners of overriding royalties, oil and gas payments, carried interests, mortgages, lien claimants and others, as well as the lessees.

      Sec. 648.  NRS 522.083 is hereby amended to read as follows:

      522.083  1.  The order of the [department] division must define the area of the pool or portion thereof to be included within the unit area and prescribe with reasonable detail the plan of unitization applicable thereto.


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ê1993 Statutes of Nevada, Page 1693 (Chapter 466, AB 782)ê

 

      2.  Each unit and unit area must be limited to all or a portion of a single pool. Only so much of a pool as has been defined and determined to be productive of oil and gas by actual drilling operations may be so included within the unit area. A unit may be created to embrace less than the whole of a pool only where it is shown by the evidence that the area to be so included within the unit area is of such size and shape as may be reasonably required for the successful and efficient conduct of the unitized method of operation for which the unit is created, and that the conduct thereof will have no material adverse effect upon the remainder of the pool.

      Sec. 649.  NRS 522.0834 is hereby amended to read as follows:

      522.0834  1.  No order of the [department] division creating a unit and prescribing the plan of unitization applicable thereto becomes effective unless:

      (a) The plan of unitization has been signed or in writing ratified, or approved by the lessees of record of not less than 62.5 percent of the unit area affected thereby and by the owners of record or not less than 62.5 percent (exclusive of royalty interests owned by lessees or by subsidiaries of any lessee) of the normal one-eighth landowners’ royalty interest in and to the unit area; and

      (b) The [department] division has made a finding either in the order creating the unit or in a supplemental order that the plan of unitization has been so signed, ratified or approved by lessees and royalty owners owning the required percentage interest in and to the unit area.

      2.  Where the plan of unitization has not been so signed, ratified or approved by the lessees and royalty owners owning the required percentage interest in and to the unit area at the time the order creating the unit is made, the [department] division shall, upon petition and notice, hold such additional and supplemental hearings as may be requested or required to determine if and when the plan of unitization has been so signed, ratified or approved by lessees and royalty owners owning the required percentage interest in and to the unit area and shall, in respect to the hearing, make and enter a finding of its determination in that regard. If lessees and royalty owners, or either, owning the required percentage interest in and to the unit area have not so signed, ratified or approved the plan of unitization within a period of 6 months after the date on which the order creating the unit is made, the order creating the unit ceases to be of further effect and must be revoked by the [department.] division.

      Sec. 650.  NRS 522.0838 is hereby amended to read as follows:

      522.0838  The plan of unitization for each such unit and unit area must be one suited to the needs and requirements of the particular unit dependent upon the facts and conditions found to exist with respect thereto. In addition to such other terms, provisions, conditions and requirements found by the [department] division to be reasonably necessary or proper to effectuate or accomplish the purpose of this chapter, and subject to further requirements of this section, each such plan of unitization must contain fair, reasonable and equitable provisions for:

      1.  The efficient unitized management or control of the further development and operation of the unit area for the recovery of oil and gas from the pool affected. Under such a plan the actual operations within the unit area may be carried on in whole or in part by the unit itself, or by one or more of the lessees within the unit area as the unit operator subject to the supervision and direction of the unit, dependent upon what is most beneficial or expedient.


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ê1993 Statutes of Nevada, Page 1694 (Chapter 466, AB 782)ê

 

may be carried on in whole or in part by the unit itself, or by one or more of the lessees within the unit area as the unit operator subject to the supervision and direction of the unit, dependent upon what is most beneficial or expedient. The designation of the unit operator must be by vote of the lessees in the unit in a manner provided in the plan of unitization and not by the [department.] division.

      2.  The division of interest or formula for the apportionment and allocation of the unit production among and to the several separately owned tracts within the unit area such as will reasonably permit persons otherwise entitled to share in or benefit by the production from such separately owned tracts to produce and receive, in lieu thereof, their fair, equitable and reasonable share of the unit production or other benefits thereof. A separately owned tract’s fair, equitable and reasonable share of the unit production must be measured by the value of each such tract for oil and gas purposes and its contributing value to the unit in relation to like values of other tracts in the unit, taking into account acreage, the quantity of oil and gas recoverable therefrom, location on the structure, its probable productivity of oil and gas in the absence of unit operations, the burden of operation to which the tract will or is likely to be subjected, or so many of such factors, or such other pertinent engineering, geological or operating factors, as may be reasonably susceptible of determination.

      3.  The manner in which the unit and the further development and operation of the unit area will be financed and the basis, terms and conditions on which the cost and expense thereof will be apportioned among and assessed against the tracts and interests made chargeable therewith, including a detailed accounting procedure governing all charges and credits incident to the operations. Upon and subject to such terms and conditions as to time and rate of interest as is fair to all concerned, reasonable provisions must be made in the plan of unitization for carrying or otherwise financing lessees who are unable promptly to meet their financial obligations in connection with the unit.

      4.  The procedure and basis upon which wells, equipment and other properties of the several lessees within the unit area are to be taken over and used for unit operations, including the method of arriving at the compensation therefor, or of otherwise proportionately equalizing or adjusting the investment of the several lessees in the project as of the effective date of unit operation

      5.  The creation of an operating committee to have general overall management and control of the unit and the conduct of its business and affairs and the operations carried on by it, together with the creation or designation of such other subcommittees, boards or officers to function under the authority of the operating committee as may be necessary, proper or convenient in the efficient management of the unit, defining the powers and duties of all those committees, boards and officers, and prescribing their tenure and time and method for their selection.

      6.  The time when the plan of unitization becomes effective.

      7.  The time when and the conditions under which and the method by which the unit may be dissolved and its affairs wound up.


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ê1993 Statutes of Nevada, Page 1695 (Chapter 466, AB 782)ê

 

      Sec. 651.  NRS 522.085 is hereby amended to read as follows:

      522.085  1.  The amount of the unit production allocated to each separately owned tract within the unit, and only that amount, regardless of the well or wells in the unit area from which it may be produced and regardless of whether it be more or less than the amount of the production from the well or wells, if any, on any such separately owned tract, must be considered as production from the separately owned tract, and, except as may be otherwise authorized in this chapter, or in the plan of unitization approved by the [department,] division, must be distributed among or the proceeds thereof paid to the several persons entitled to share in the production from the separately owned tract in the same manner, in the same proportions, and upon the same condition that they would have participated and shared in the production or proceeds thereof from such separately owned tract had not the unit been organized, and with the same legal effect.

      2.  If adequate provisions are made for the receipt thereof, the share of the unit production allocated to each separately owned tract must be delivered in kind to the persons entitled thereto by virtue of ownership of oil and gas rights therein or by purchase from the owners subject to the rights of the unit to withhold and sell it in payment of unit expense pursuant to the plan of unitization, and subject further to the call of the unit on such portions of the gas for operating purposes as may be provided in the plan of unitization.

      Sec. 652.  NRS 522.0864 is hereby amended to read as follows:

      522.0864  Property rights, leases, contracts and all other rights and obligations must be regarded as amended and modified to the extent necessary to conform to the provisions and requirements of this chapter and to any valid and applicable plan of unitization or order of the [department] division made and adopted pursuant to this chapter, but otherwise to remain in effect.

      Sec. 653.  NRS 522.0868 is hereby amended to read as follows:

      522.0868  No agreement or plan for the development and operation of a field or pool of oil or gas as a unit, if approved by the [department] division for the purpose of conserving oil or gas, violates any of the statutes of this state prohibiting monopolies or acts, arrangements, agreements, contracts, combinations or conspiracies in restraint of trade or commerce.

      Sec. 654.  NRS 522.0874 is hereby amended to read as follows:

      522.0874  1.  Except as otherwise expressly provided in NRS 522.082 to 522.0878, inclusive, all proceedings held under this chapter, including the filing of petitions, the giving of notices, the conduct of hearings and other action taken by the [department] division must be in the form and manner and in accordance with the procedure and procedural requirements provided in NRS 522.090.

      2.  Such additional notice must be given as may be required by the [department.] division.

      Sec. 655.  NRS 522.0878 is hereby amended to read as follows:

      522.0878  After the effective date of an order of the [department] division creating a unit and prescribing the plan of unitization applicable thereto, the operation of any well producing from the pool or portion thereof within the unit area defined in the order by persons other than the unit or persons acting under its authority or except in the manner and to the extent provided in the plan of unitization is unlawful.


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ê1993 Statutes of Nevada, Page 1696 (Chapter 466, AB 782)ê

 

      Sec. 656.  NRS 522.090 is hereby amended to read as follows:

      522.090  1.  The [department] division shall make no regulation or order, or amendment thereof, except in an emergency, without a public hearing upon at least 10 days’ notice. The public hearing must be held at such time and place as may be prescribed by the [department,] division, and any interested person is entitled to be heard.

      2.  Any notice required by this chapter must be given by personal service on all interested persons, and if personal service cannot be made, then substituted service may be made in the manner provided for substitute service of process under the Nevada Rules of Civil Procedure.

      3.  The [department] division may act upon its own motion, or upon the petition of any interested person. On the filing of a petition concerning any matter within the jurisdiction of the [department, the department] division, the division shall promptly fix a date for a hearing thereon, and shall cause notice of the hearing to be given. The hearing must be held without undue delay after the filing of the petition. The [department] division shall enter its order within 30 days after the hearing.

      Sec. 657.  NRS 522.100 is hereby amended to read as follows:

      522.100  1.  The [department] division may summon witnesses and require the production of records, books and documents for examination at any hearing or investigation conducted by it. No person may be excused from attending and testifying, or from producing books, papers and records before the [department] division or a court, or from obedience to the subpena of the [department] division or a court, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture. This section does not require any person to produce any books, papers or records, or to testify in response to any inquiry not pertinent to some question lawfully before the [department] division or court for determination. No natural person may be subjected to criminal prosecution or to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which, in spite of his objection, he may be required to testify or produce evidence, documentary or otherwise, before the [department] division or court, or in obedience to its subpena, but no person testifying is exempt from prosecution and punishment for perjury committed in so testifying.

      2.  In case of failure or refusal on the part of any person to comply with the subpena issued by the [department,] division, or in case of the refusal of any witness to testify as to any matter regarding which he may be interrogated, any court of record in the state, upon application of the [department,] division, may issue an attachment for that person and compel him to comply with the subpena, and to attend before the [department] division and produce his records, books and documents for examination, and to give his testimony. The court may punish for contempt as in the case of disobedience to a like subpena issued by the court, or for refusal to testify therein.

      Sec. 658.  NRS 522.110 is hereby amended to read as follows:

      522.110  Within 20 days after written notice of the entry of any order or decision of the [department,] division, or such further time as the [department] division may grant for good cause shown, any person affected thereby may file with the [department] division an application for the rehearing in respect of any matter determined by the order or decision, setting forth the respect in which the order or decision is believed to be erroneous.


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ê1993 Statutes of Nevada, Page 1697 (Chapter 466, AB 782)ê

 

respect of any matter determined by the order or decision, setting forth the respect in which the order or decision is believed to be erroneous. The [department] division shall grant or refuse any such application in whole or in part within 10 days after it is filed, and failure to act thereon within such period is deemed a refusal thereof and a final disposition of the application. If the rehearing is granted, the [department] division may enter such new order or decision after rehearing as may be required under the circumstances.

      Sec. 659.  NRS 522.120 is hereby amended to read as follows:

      522.120  1.  Any person who willfully violates any provision of this chapter, or any regulation or order of the [department] division is subject to a penalty of not more than $1,000 for each act of violation and for each day that the violation continues, unless the penalty for the violation is otherwise provided for and made exclusive in this chapter.

      2.  If any person, for the purpose of evading this chapter, or any regulation or order of the [department,] division, makes or causes to be made any false entry in any record, account or memorandum required by this chapter, or by any such regulation or order, or omits or causes to be omitted, from any such record, account or memorandum, full, true and correct entries as required by this chapter, or by any such regulation or order, or removes from this state or destroys, mutilates, alters or falsifies any such record, account or memorandum, that person is guilty of a gross misdemeanor.

      3.  Any person knowingly aiding or abetting any other person in the violation of any provision of this chapter, or any regulation or order of the [department] division is subject to the same penalty as that prescribed by this chapter for the violation by the other person.

      4.  The penalties provided in this section are recoverable by suit filed by the attorney general in the name and on behalf of the [department] division in the district court of the county in which the defendant resides or in which any defendant resides, if there is more than one defendant, or in the district court of any county in which the violation occurred. The payment of any such penalty does not operate to relieve a person on whom the penalty is imposed from liability to any other person for damages arising out of the violation.

      Sec. 660.  NRS 522.130 is hereby amended to read as follows:

      522.130  1.  Whenever it appears that any person is violating or threatening to violate any provision of this chapter, or any regulation or order of the [department, the department] division, the division shall bring suit against that person in the district court of any county where the violation occurs or is threatened to restrain the person from continuing the violation or from carrying out the threat of violation. Upon the filing of any such suit, summons issued to the person may be directed to the sheriff of any county in this state for service by the sheriff or his deputies. In any such suit, the court may grant to the [department,] division, without bond or other undertaking, such prohibitory and mandatory injunctions as the facts may warrant.

      2.  If the [department] division fails to bring suit to enjoin a violation or threatened violation of any provision of this chapter, or any regulation or order of the [department,] division, within 10 days after receipt of written request to do so by any person who is or will be adversely affected by the violation, the person making the request may bring suit in his own behalf to restrain the violation or threatened violation in any court in which the [department] division might have brought suit.


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ê1993 Statutes of Nevada, Page 1698 (Chapter 466, AB 782)ê

 

restrain the violation or threatened violation in any court in which the [department] division might have brought suit. If, in the suit, the court should hold that injunctive relief should be granted, then the [department] division must be made a party and must be substituted for the person who brought the suit, and the injunction must be issued as if the [department] division had at all times been the plaintiff.

      Sec. 661.  NRS 522.140 is hereby amended to read as follows:

      522.140  1.  As the State of Nevada is a sovereign state and not disposed to jeopardize or surrender any of its sovereign rights, this chapter applies to all lands in the State of Nevada lawfully subject to its police powers. It applies to lands of the United States or to lands subject to the jurisdiction of the United States only to the extent that control and supervision of conservation of oil and gas by the United States on its lands fails to effect the intent and purposes of this chapter and otherwise applies to those lands to such extent as an officer of the United States having jurisdiction, or his authorized representative, approves any of the provisions of this chapter or the order or orders of the [department] division which affects those lands.

      2.  This chapter applies to any lands committed to a unit agreement approved by the Secretary of the Interior of the United States or his authorized representative, except that the [department] division may, under the unit agreements, suspend the application of this chapter or any part of this chapter so long as the conservation of oil and gas and the prevention of waste is accomplished thereby, but the suspension does not relieve any operator from making such reports as are necessary or advised to be fully informed as to operations under the agreement and as the [department] division may require under this chapter.

      Sec. 662.  NRS 522.150 is hereby amended to read as follows:

      522.150  1.  Any expenses in connection with Nevada’s affiliation with the Interstate Oil Compact Commission must be paid from the account for the [department] division of minerals.

      2.  To pay the expenses of the [department,] division, every producer of oil or natural gas in this state shall on or before the last day of each month report to the [department] division and to the state treasurer his production in this state of oil in barrels and of natural gas in thousands of cubic feet during the preceding month, and at the same time shall pay to the [department] division an administrative fee on each barrel of oil and on every 50,000 cubic feet of natural gas produced and marketed by him during the preceding month. The [department] division shall deposit with the state treasurer, for credit to the account for the [department] division of minerals, all money received pursuant to this subsection. Every person purchasing such oil or natural gas is liable for the payment of the administrative fee per barrel of oil or per 50,000 cubic feet of natural gas, unless it has been paid by the producer. The administrative fee is 50 mills per barrel of oil or per 50,000 cubic feet of natural gas.

      Sec. 663.  NRS 523.021 is hereby amended to read as follows:

      523.021  As used in this chapter [:

      1.  “Director” means the director of the office.

      2.  “Office” means the office of community services.] , unless the context otherwise requires:


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ê1993 Statutes of Nevada, Page 1699 (Chapter 466, AB 782)ê

 

      1.  “Department” means the department of business and industry.

      2.  “Director” means the director of the department.

      Sec. 664.  NRS 523.051 is hereby amended to read as follows:

      523.051  The director may:

      1.  Administer any gifts or grants which the [office] department is authorized to accept [.] for the purposes of this chapter.

      2.  Expend money received from those gifts or grants or from legislative appropriations to contract with qualified persons or institutions for research in the production and efficient use of energy resources.

      3.  Enter into any cooperative agreement with any federal or state agency or political subdivision.

      4.  Participate in any program established by the Federal Government relating to sources of energy and adopt regulations appropriate to that program.

      Sec. 665.  NRS 523.167 is hereby amended to read as follows:

      523.167  1.  In a county whose population is 100,000 or more, a building whose construction began on or after October 1, 1983, must not contain a system using electric resistance for heating spaces unless:

      (a) The system is merely supplementary to another means of heating;

      (b) Under the particular circumstances no other primary means of heating the spaces is a feasible or economical alternative to heating by electric resistance; or

      (c) The [office] department determines that the present or future availability of other sources of energy is so limited as to justify the use of such a system.

      2.  This section does not prohibit the use of incandescent or fluorescent lighting.

      Sec. 666.  NRS 523.171 is hereby amended to read as follows:

      523.171  The director, in cooperation with the chief of the buildings and grounds division of the department of [general services,] administration, shall, upon request, provide information and assistance to any agency, bureau, board, commission, department or division which is engaged in the management, planning, utilization and distribution of energy.

      Sec. 667.  NRS 527.220 is hereby amended to read as follows:

      527.220  The state forester, subject to the approval of the director of the state department of conservation and natural resources, may:

      1.  Cooperate with the United States or any agency thereof, agencies of the state, county or municipal governments, agencies of neighboring states or other public or private organizations or persons.

      2.  Utilize when available personnel, control equipment, supplies or services of the [state department of agriculture,] division of agriculture of the department of business and industry, and accept money, equipment, supplies or services, including prison labor, from other cooperators as he may deem appropriate.

      3.  Enter into agreements with the United States or its agencies for the matching of federal money as required under the laws of the United States relating to forest pests.


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ê1993 Statutes of Nevada, Page 1700 (Chapter 466, AB 782)ê

 

      Sec. 668.  NRS 528.053 is hereby amended to read as follows:

      528.053  1.  No felling of trees, skidding, rigging or construction of tractor or truck roads or landings, or the operation of vehicles, may take place within 200 feet, measured on the slope, of the high water mark of any lake, reservoir, stream or other body of water unless a variance is first obtained from a committee composed of the state forester firewarden, the [director of the department of wildlife] administrator of the division of wildlife of the state department of conservation and natural resources and the state engineer.

      2.  The committee may grant a variance authorizing any of the activities prohibited by subsection 1 within a 200-foot buffer area if the committee determines that the goals of conserving forest resources and achieving forest regeneration, preserving watersheds, reaching or maintaining water quality standards adopted by federal and state law, continuing water flows, preserving and providing for the propagation of fish life and stream habitat and preventing significant soil erosion will not be compromised.

      3.  In acting on a request for such variances the committee shall consider the following factors:

      (a) The extent to which such requested activity is consistent with good forestry management for the harvesting of timber;

      (b) The extent to which such requested activity significantly impedes or interrupts the natural volume and flow of water;

      (c) The extent to which such requested activity significantly affects a continuation of the natural quality of the water pursuant to state and federal water quality standards;

      (d) The extent to which such requested activity is consistent with the prevention of significant soil erosion;

      (e) The extent to which such requested activity may significantly obstruct fish passage, cause sedimentation in fish spawning areas, infringe on feeding and nursing areas and cause variations of water temperatures; and

      (f) The filtration of sediment-laden water as a consequence of timber harvesting on adjacent slopes.

      Sec. 669.  NRS 533.140 is hereby amended to read as follows:

      533.140  1.  As soon as practicable after the expiration of the period fixed in which proofs may be filed, the state engineer shall assemble all proofs which have been filed with him, and prepare and certify an abstract of all such proofs, which must be printed in the state printing and micrographics division of the department of [general services.] administration. The state engineer shall also prepare from the proofs and evidence taken or given before him, or obtained by him, a preliminary order of determination establishing the several rights of claimants to the waters of the stream.

      2.  When the abstract of proofs and the preliminary order of determination is completed, the state engineer shall then prepare a notice fixing and setting a time and place when and where the evidence taken by or filed with him and the proofs of claims must be open to the inspection of all interested persons, the period of inspection to be not less than 20 days. The notice shall be deemed an order of the state engineer as to the matters contained therein.

      3.  A copy of the notice, together with a printed copy of the preliminary order of determination and a printed copy of the abstract of proofs, must be delivered by the state engineer, or sent by registered or certified mail, at least 30 days before the first day of such period of inspection, to each person who has appeared and filed proof, as provided in this section.


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ê1993 Statutes of Nevada, Page 1701 (Chapter 466, AB 782)ê

 

30 days before the first day of such period of inspection, to each person who has appeared and filed proof, as provided in this section.

      4.  The state engineer shall be present at the time and place designated in the notice and allow, during that period, any persons interested to inspect such evidence and proof as have been filed with or taken by him in accordance with this chapter.

      Sec. 670.  NRS 533.160 is hereby amended to read as follows:

      533.160  1.  As soon as practicable after the hearing of objections to the preliminary order of determination, the state engineer shall make and cause to be entered of record in his office an order of determination, defining the several rights to the waters of the stream or stream system. The order of determination, when filed with the clerk of the district court as provided in NRS 533.165, shall have the legal effect of a complaint in a civil action.

      2.  The order of determination must be certified by the state engineer and as many copies as required printed in the state printing and micrographics division of the department of [general services.] administration. A copy of the order of determination must be sent by registered or certified mail or delivered in person to each person who has filed proof of claim and to each person who has become interested through intervention or through filing of objections under the provisions of NRS 533.130 or 533.145.

      Sec. 671.  NRS 534A.031 is hereby amended to read as follows:

      534A.031  Exploration and subsurface information obtained as a result of a geothermal project must be filed with the [department of minerals] division of minerals of the department of business and industry within 30 days after it is accumulated. The information is confidential for a period of 5 years after the date of filing and may not be disclosed during that time without the express written consent of the operator of the project, except that it must be made available by the [department] division to the state engineer or any other agency of the state upon request. The state engineer or other agency shall keep the information confidential.

      Sec. 672.  NRS 534A.060 is hereby amended to read as follows:

      534A.060  1.  No person may drill or operate a geothermal well or drill an exploratory well without first obtaining a permit from the [executive director of the department of minerals] administrator of the division of minerals of the department of business and industry and complying with the conditions of the permit.

      2.  An application must contain such information as the [executive director] administrator requires by regulation.

      Sec. 673.  NRS 534A.070 is hereby amended to read as follows:

      534A.070  1.  The executive director of the department of minerals shall approve or reject an application for a permit to drill an exploratory well within 10 days after he receives the application in proper form. Such a permit must not be effective for more than 2 years, but may be extended by the executive director.

      2.  Upon receipt of an application for a permit to drill or operate a geothermal well, the executive director shall transmit copies of the application to the state engineer, the administrator of the division of environmental protection of the state department of conservation and natural resources and the [director of the department of wildlife.] administrator of the division of wildlife of the state department of conservation and natural resources.


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ê1993 Statutes of Nevada, Page 1702 (Chapter 466, AB 782)ê

 

state department of conservation and natural resources. After consultation with the state engineer [, the administrator and the director, respectively,] and each of the administrators, the executive director may issue a permit to drill or operate a geothermal well if it is determined that issuance of a permit is consistent with:

      (a) The policies specified in NRS 445.132 and 445.401;

      (b) The purposes of chapters 533 and 534 of NRS; and

      (c) The purposes specified in chapter 501 of NRS.

      3.  The executive director shall approve or reject the application to drill or operate a geothermal well within 90 days after he receives it in proper form, unless it is determined that a conflict exists pursuant to subsection 2 or a public hearing is necessary pursuant to subsection 4. Notice of the conflict or need for a public hearing must be provided to the applicant within the 90-day period.

      4.  The state engineer and the executive director of the department of minerals may hold public hearings jointly or separately to gather such evidence or information as they deem necessary for a full understanding of all the rights involved and to guard properly the public interest.

      5.  A permit issued pursuant to this section must include any conditions:

      (a) Deemed necessary by the executive director to carry out the purposes of this section; and

      (b) Imposed by the state engineer consistent with chapters 533 and 534 of NRS.

      Sec. 674.  NRS 534A.080 is hereby amended to read as follows:

      534A.080  1.  The commission on mineral resources shall impose and collect a fee for examining and filing an application for a permit to drill or operate a geothermal well or to drill an exploratory well. The fee must be deposited in the fund for regulation of geothermal wells, which is hereby created in the state treasury as a special revenue fund.

      2.  The fee may be based in part on the number of acres of land being used by the person who holds the permit.

      3.  The commission and the [department of minerals] division of minerals of the department of business and industry may use the money in the fund to administer the provisions of this chapter.

      Sec. 675.  NRS 535.060 is hereby amended to read as follows:

      535.060  1.  On any stream system and its tributaries in this state the distribution of the waters of which are vested in the state engineer by law or the final decree of court, where beaver, by the construction of dams or otherwise, are found to be interfering with the lawful and necessary distribution of water to the proper users thereof, the state engineer, upon complaint of any interested water user, shall investigate or cause the investigation of the matter.

      2.  The state engineer and his assistants and water commissioners and the [department of wildlife] division of wildlife of the state department of conservation and natural resources and its agents may enter upon privately owned lands for the purposes of investigating the conditions complained of and the removal and trapping of beaver.


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ê1993 Statutes of Nevada, Page 1703 (Chapter 466, AB 782)ê

 

      3.  If satisfied that such beaver are interfering with the flow of water to the detriment of water users, the state engineer shall serve a written notice on the owner of the land, if it is privately owned, stating:

      (a) That the beaver thereon are interfering with or stopping the flow of water necessary for the proper serving of water rights; and

      (b) That unless, within 10 days from receipt of the notice, written objection to the removal of such beaver is filed with the state engineer by the landowner, the [department of wildlife] division of wildlife of the state department of conservation and natural resources will remove such beaver or as many thereof as will rectify the existing conditions.

      4.  Failure of the landowner to file such written objections shall be deemed a waiver thereof. Upon receipt of written objections the state engineer may make further investigation and may sustain or overrule the objections as the facts warrant. Upon the overruling of the objections, the landowner may have them reviewed by the district court having jurisdiction of the land by filing therein a petition for review within 10 days from the receipt of the order of the state engineer overruling the objections. The proceedings on the petition must be informal and heard by the court at the earliest possible moment.

      5.  Upon the landowner’s waiver of objections to the removal of beaver from his land, or upon final determination by the court that the beaver should be removed, the state engineer shall immediately notify the [department] division of wildlife of the waiver or determination and the [department] division or its agents shall enter upon the land from which the beaver are to be removed and remove them or as many as may be necessary to prevent the improper flow of water as directed by the state engineer.

      6.  The state engineer may remove or cause the removal of any beaver dam found to be obstructing the proper and necessary flow of water to the detriment of water users.

      Sec. 676.  NRS 540.051 is hereby amended to read as follows:

      540.051  The division shall:

      1.  Provide political subdivisions and private enterprises in arid regions with information, alternatives and recommendations bearing upon regional storages of water including feasible selections or courses of planning and action for acquiring additional water or for conserving water now available, or both.

      2.  Include in its planning:

      (a) The investigation of new sources of water such as desalinization, importation and conservation, and means of transporting existing water; and

      (b) Consideration of the factors relating to the quality of water in this state and the importance of considering the issues of quantity and quality simultaneously, but the state environmental commission and division of environmental protection of the state department of conservation and natural resources retain full responsibility for the management of water quality.

      3.  Evaluate previous studies and compile existing information to assist in determining the suitability of potential sites as facilities for the storage of water upstream.

      4.  Develop forecasts of supply and demand for future needs.

      5.  Advise the state department of conservation and natural resources and the legislature concerning economic and social effects of water policy.


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ê1993 Statutes of Nevada, Page 1704 (Chapter 466, AB 782)ê

 

      6.  Suggest changes in water policy which may be necessary to meet new requirements of law or of the people of the state.

      7.  Cooperate with the state engineer in dealings with the Federal Government and other states, but the state engineer is solely responsible for litigation.

      8.  Provide the board for financing water projects and the director of the department of [commerce] business and industry with necessary technical and clerical assistance in financing water projects.

      Sec. 677.  NRS 547.050 is hereby amended to read as follows:

      547.050  When any district board of agriculture is classified and organized as provided in NRS 547.040, the secretary of the board shall report such classification and organization to:

      1.  The [state department of agriculture;] division of agriculture of the department of business and industry; and

      2.  Its appointing authority.

      Sec. 678.  NRS 548.120 is hereby amended to read as follows:

      548.120  1.  The following shall serve, ex officio, as members of the state conservation commission:

      (a) The dean of the Max C. Fleischmann College of Agriculture of the University of Nevada, Reno.

      (b) The [executive director of the state department of agriculture.] administrator of the division of agriculture of the department of business and industry.

      2.  The ex officio members may appoint, in writing, alternates to attend any meeting of the commission. Ex officio members or their alternates shall have full voting powers.

      3.  An ex officio member of the commission shall serve on the commission as long as he retains the office by virtue of which he is serving on the commission.

      Sec. 679.  Chapter 552 of NRS is hereby amended by adding thereto the provisions set forth as sections 680 and 681 of this act.

      Sec. 680.  “Administrator” means the administrator of the division.

      Sec. 681.  “Division” means the division of agriculture of the department of business and industry.

      Sec. 682.  NRS 552.085 is hereby amended to read as follows:

      552.085  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 552.0851 to 552.0863, inclusive, and sections 680 and 681 of this act, have the meanings ascribed to them in those sections.

      Sec. 683.  NRS 552.0861 is hereby amended to read as follows:

      552.0861  “Inspector” means any person authorized by the [department] division to enforce the provisions of this chapter.

      Sec. 684.  NRS 552.090 is hereby amended to read as follows:

      552.090  1.  The [department] division has control of all matters pertaining to the apiary industry.

      2.  The [executive director] administrator may adopt such regulations as are necessary to carry out the provisions of this chapter.


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ê1993 Statutes of Nevada, Page 1705 (Chapter 466, AB 782)ê

 

      3.  The [executive director] administrator may, after notice and an opportunity for a hearing, impose a civil penalty of not more than $500 for each violation of this chapter.

      4.  Any civil penalty collected pursuant to this section must be deposited in the state general fund.

      Sec. 685.  NRS 552.155 is hereby amended to read as follows:

      552.155  1.  Every person who is the owner or in possession of an apiary located within this state shall, on or before May 1 of each year, and within 10 days after obtaining possession of an apiary, apply to the [department] division for registration, stating the number of colonies therein and the location thereof.

      2.  The application must be accompanied by a registration fee of $5.

      3.  If the beekeeper owns or possesses 11 or more colonies, the application must also be accompanied by the annual fee for each colony in excess of 10.

      4.  The fees imposed by this section must be paid within 30 days after May 1 or within 30 days after obtaining possession of the colonies. The penalty for late payment is 50 percent of the amount due.

      5.  Upon receipt of the application and the required fees, the [department] division shall issue a registration number to the beekeeper. The number must be displayed in a conspicuous place in the apiary.

      6.  It is unlawful for any person to maintain or locate an apiary within this state without registering it as provided in this section.

      7.  Unregistered apiaries or colonies of bees shall be deemed abandoned and are subject to abatement.

      Sec. 686.  NRS 552.157 is hereby amended to read as follows:

      552.157  Every person who owns or possesses 11 or more colonies of bees shall pay to the [department] division an annual fee for each colony in excess of 10. The state board of agriculture shall set the amount of the fee, which may not exceed $1 per colony, after consultation with representatives of the state’s beekeepers.

      Sec. 687.  NRS 552.160 is hereby amended to read as follows:

      552.160  1.  The [department] division may order the inspection of any or all apiaries and all buildings used in connection with such apiaries in any district or districts of the state annually, or oftener if deemed necessary, or upon report to it that there is reason to believe that any apiary or apiaries may be infected with any disease, or that any honey, honeycombs or beeswax are exposed to robber bees.

      2.  If such inspection discloses any disease, the [department] division may:

      (a) Order the owner or any person in possession of the apiary to destroy the diseased bees, hives and appliances at the expense of the owner;

      (b) Order the owner or any person in possession of the apiary to treat the hives and appliances at the expense of the owner, if, in the opinion of the inspector, the nuisance can be abated by treatment rather than destruction; or

      (c) Proclaim a quarantine in accordance with chapter 554 of NRS.

      3.  If inspection discloses the existence of American foulbrood, the order for destruction or treatment [shall] must require compliance within not less than 24 hours nor more than 72 hours. Any other order [shall] must specify a reasonable time with reference to the nature of the disease.


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ê1993 Statutes of Nevada, Page 1706 (Chapter 466, AB 782)ê

 

      4.  If such inspection discloses honey, honeycombs or beeswax exposed to robber bees, the [department] division may order the abatement of such nuisance in a manner appropriate to the circumstances.

      5.  The order must be served upon the owner or person in possession of the apiary personally or by registered or certified mail, or, if such person cannot be located, by posting the order in a conspicuous place at the apiary.

      Sec. 688.  NRS 552.170 is hereby amended to read as follows:

      552.170  If the owner or person in possession of an apiary neglects or refuses to comply with an order issued under NRS 552.160, the [department] division may refer the facts to the appropriate district attorney for prosecution under NRS 552.310, and may authorize the inspector or other agent to abate the nuisance by the method prescribed in the order.

      Sec. 689.  NRS 552.200 is hereby amended to read as follows:

      552.200  1.  It is unlawful for any person to transport or move in any manner whatever from any point within the State of Nevada or otherwise any established apiary, bees, hives, combs, or any other used apiary supplies, and set up, establish or deposit them at any point in the State of Nevada without first obtaining a temporary or seasonal written permit from the [department] division to do so.

      2.  The [department] division shall issue a temporary or seasonal permit only after the apiary, bees, hives, combs, or other used apiary supplies to be moved are free from any disease liable to injure any already established apiary.

      3.  It is unlawful for any person having a seasonal permit to transport or move bees anywhere within the State of Nevada unless he files with the [department,] division, within 5 days after the date of moving, a statement of the number of colonies of bees which have been moved and the number of colonies of bees which have been left at the point of origin, stating the definite point both of origin and destination to which such bees have been moved.

      4.  If any emergency requires the immediate removal of bees, the owner shall notify the [department] division of the emergency and secure permission for moving, but if verbal permission is requested and obtained the applicant shall further file a written request within 5 days after the date of moving as provided in subsection 3.

      5.  Whenever the [department] division finds that American foulbrood disease exists in more than 1 percent of the colonies in any apiary of 100 or more colonies, or in one or more colonies in any apiary of less than 100 colonies, it shall quarantine the apiary, giving notice thereof to the owner or bailee and posting a copy of the notice in a conspicuous place in the apiary.

      6.  When any such notice has been given as provided in subsection 5, it is unlawful, except as provided in NRS 552.280, to move the apiary, or any part thereof, or any other bee equipment from the location until the disease has been eradicated.

      7.  When in the opinion of the [department] division the disease has been eradicated, it shall issue a permit releasing the apiary.

      Sec. 690.  NRS 552.205 is hereby amended to read as follows:

      552.205  The [department] division may, if the demand for pollination service is found by the [department] division to warrant such action:

      1.  Establish standards of colony strength based upon:


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ê1993 Statutes of Nevada, Page 1707 (Chapter 466, AB 782)ê

 

      (a) The number of bees per hive;

      (b) The number of cells containing brood per hive;

      (c) The health of the bees and brood; and

      (d) Any other factors which reasonably relate to the ability of the colony to pollinize horticultural and agricultural crops.

      2.  Appoint qualified inspectors to determine colony strength.

      3.  Certify hives of bees used in commercial pollinization on the basis of colony strength.

      4.  Establish reasonable fees to cover the cost of colony strength inspection and certification.

      Sec. 691.  NRS 552.210 is hereby amended to read as follows:

      552.210  1.  A person shall not ship or transport into this state any bees, used beehives, honeycombs or appliances, except queens or bees in screened cages without comb, unless he first obtains a permit for entry issued by the [department.] division.

      2.  The [department] division may issue a permit for the importation of bees on comb and hives containing comb into this state from another state if the applicant:

      (a) Submits an application, on a form supplied by the [department,] division, stating:

             (1) The name, address and telephone number of the owner or shipper and the state and county of origin.

             (2) The address and telephone number of the owner or shipper in this state, if applicable.

             (3) The number of colonies containing bees and a complete listing of all beekeeping equipment and appliances to be brought into this state.

             (4) A legal description and the exact geographical location of the site for each apiary at its destination in this state.

      (b) Except as otherwise provided in subsection 3 and in NRS 552.214, submits with the application, a certificate of inspection from an authorized officer of the state of origin certifying:

             (1) That all bees intended for shipment and owned or controlled by the applicant have been inspected within 60 days before shipment and at a time when the bees are actively rearing their brood.

             (2) That 1 percent or less American foulbrood disease has been found during the preceding 2 years in any apiaries intended for shipment by the applicant, and that all disease found during that period has been destroyed.

             (3) The date on which the last inspection of the apiaries, bees, comb and used hives and equipment was made at their place of origin.

             (4) The total number of colonies in the apiary at the time of the inspection and the number of colonies found to be diseased.

             (5) The total number of colonies of bees, hives, used equipment and appliances to be shipped into this state.

             (6) The shipper’s full name, the name under which he is doing business, if applicable, and his address.

             (7) The identification numbers or letters, or both, used by the shipper to identify his beekeeping equipment.

      (c) Submits with the application a fee set by the state board of agriculture which does not exceed $1 for each colony.


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ê1993 Statutes of Nevada, Page 1708 (Chapter 466, AB 782)ê

 

      3.  An applicant for a permit for entry may submit a certificate of inspection issued after August 15 by the [department.] division. Such a certificate authorizes reentry into the state through May 15 of the following year.

      4.  Each shipment must be accompanied by a copy of the permit of entry issued by the [department] division and a copy of the certificate of inspection required by this section.

      5.  If any bees, used hives, honeycombs or appliances entering this state are found to be diseased at the time of inspection in this state, the shipment must be quarantined in the same manner as provided in NRS 552.200, and must be destroyed or shipped out of the state at the option and expense of the owner or person in possession, unless the [department] division finds that the disease can be eradicated by treatment rather than destruction.

      6.  All honeycombs transported from a point outside this state through this state in interstate commerce must be covered by the person in possession in a manner which will prevent access of bees.

      7.  All bees, used hives, honeycombs and appliances entering this state in violation of the provisions of this chapter must be destroyed or shipped out of this state at the option and expense of the owner or person in possession, or sold by the [department,] division, after notice to the owner or person by the [department.] division. If the owner does not comply with the requirements of the notice or cannot be located, the [department] division may destroy the bees, used hives, honeycombs or appliances at his expense or offer them for sale. The terms of any such sale must include an agreement by the purchaser to comply with all provisions of this chapter, and the proceeds of the sale must be deposited with the state treasurer for credit to the apiary inspection account.

      Sec. 692.  NRS 552.212 is hereby amended to read as follows:

      552.212  1.  A person shall not ship or transport into this state any queens or other bees in screened cages without comb unless the shipment is accompanied by a certificate of an authorized officer of the state of origin certifying that all bees intended for shipment:

      (a) Were inspected within 60 days before the date of shipment; and

      (b) Were found to be free from disease and pests.

      2.  The [department] division shall hold a shipment which is not accompanied by the certificate of inspection and notify the person who owns or controls the bees that they will be destroyed after 48 hours from the time of the notice unless a proper certificate of inspection is supplied. If the certificate is not supplied within that time, the bees may be destroyed.

      Sec. 693.  NRS 552.214 is hereby amended to read as follows:

      552.214  1.  If the [department] division finds that after diligent search sufficient bees for pollination purposes are not reasonably available with a 2-year disease-free history as provided in subsection 2 of NRS 552.210 and the regulations [promulgated thereunder, the department] adopted pursuant thereto, the division may accept a certificate of inspection from the point of origin stating that the applicant has received an inspection from the authorized state authority in the state of origin finding that the bees covered by the certificate meet the colony strength required by Nevada regulation and have been 100 percent inspected within the past 60 days and have been found free of American foulbrood disease.


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ê1993 Statutes of Nevada, Page 1709 (Chapter 466, AB 782)ê

 

      2.  Such bees are subject to inspection upon arrival in this state and if found not to be disease free will be ordered removed to the point of origin within 24 hours.

      Sec. 694.  NRS 552.215 is hereby amended to read as follows:

      552.215  When an inspection is requested by any person for the purpose of obtaining a certificate of inspection for bees or appliances, the applicant for such certificate shall pay a reasonable fee as prescribed by the [department] division to pay the expenses of the inspection.

      Sec. 695.  NRS 552.270 is hereby amended to read as follows:

      552.270  Any person engaged in the rearing and distribution of queen bees shall have his queen-rearing apiary or apiaries inspected at least each 60 days during shipping season and on discovery of any disease which is infectious or contagious in its nature and injurious to bees in their egg, larval, pupal or adult stages, such a person shall at once cease to distribute queen bees from the diseased apiary until the [department] division declares the apiary or apiaries free from all disease by the issuance of a certificate of inspection.

      Sec. 696.  NRS 552.300 is hereby amended to read as follows:

      552.300  1.  Upon presentation of satisfactory evidence by the state quarantine officer, the chief inspector or any deputy inspector of the violation of any of the provisions of this chapter, any district attorney shall, without delay, prosecute the person so violating any of the provisions of this chapter.

      2.  The [department] division may, at its discretion, employ counsel to assist in the prosecution of any person charged with the violation of any of the provisions of this chapter and compensate the counsel so employed out of the apiary inspection account.

      Sec. 697.  NRS 553.090 is hereby amended to read as follows:

      553.090  The agricultural extension department of the public service division of the University of Nevada System annually shall prepare the information resulting from such demonstration in a form serviceable to aid and advance agricultural welfare of the state. Such number of copies thereof as may be deemed necessary, not exceeding 10,000, must be printed by the state printing and micrographics division of the department of [general services] administration for free distribution.

      Sec. 698.  NRS 555.005 is hereby amended to read as follows:

      555.005  As used in this chapter, unless the context requires otherwise:

      1.  [“Department” means the state department of agriculture.

      2.  “Executive director” means the executive director of the department.] “Administrator” means the administrator of the division.

      2.  “Division” means the division of agriculture of the department of business and industry.

      3.  “Vertebrate pest” means any animal of the subphylum Vertebrata, except predatory animals, which is normally considered to be a pest, such as a gopher, ground squirrel, rat, mouse, starling or blackbird, or which the [executive director] administrator may declare to be a pest.

      Sec. 699.  NRS 555.010 is hereby amended to read as follows:

      555.010  Within the limits of any appropriation made by law, the [executive director] administrator is authorized to investigate the prevalence of vertebrate and invertebrate pests of plants and animals, plant diseases and physiological plant disorders which may be injurious to the agricultural industry in the State of Nevada, and institute and carry out such measures for their control as may be required to protect the agricultural industry against loss.


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ê1993 Statutes of Nevada, Page 1710 (Chapter 466, AB 782)ê

 

industry in the State of Nevada, and institute and carry out such measures for their control as may be required to protect the agricultural industry against loss.

      Sec. 700.  NRS 555.021 is hereby amended to read as follows:

      555.021  The [executive director] administrator may cooperate, financially or otherwise, with any federal agency or department, any other state agency or department, any county, city, public district or political subdivision of this state, any public or private corporation, and any [individual] natural person or group of [individuals] such persons in suppressing vertebrate pests injurious to the state agricultural interests and in suppressing vertebrate pest vectors of diseases transmissible and injurious to humans.

      Sec. 701.  NRS 555.100 is hereby amended to read as follows:

      555.100  1.  The [department] division shall, whenever necessary or whenever a complaint is made to the [department,] division, cause an inspection to be made of any premises within the jurisdiction of the [department,] division, and if found infested with infectious diseases, insects, weeds or other pests injurious to agriculture, the [department] division may, in writing, notify the owner or occupant of the premises that the same are infested or infected with such diseases, insects, weeds or other pests. The [department] division may require the owner or occupant to control or eradicate such diseases, insects, weeds or other pests within a certain time to be specified in the notice.

      2.  Notices may be served upon the owner or occupant by an officer or employee of the [department. Such notices shall] division, and must be served in writing, either by certified mail, or personally with receipt given therefor.

      Sec. 702.  NRS 555.110 is hereby amended to read as follows:

      555.110  1.  [Any and all] All such premises so infected or infested are hereby adjudged and declared to be a public nuisance, and whenever any such nuisance [shall exist] exists at any place within the jurisdiction of the [department] division and the owner or occupant thereof, after due notification, [shall refuse or neglect] refuses or neglects to abate the same within the time specified, the [department] division shall cause the nuisance to be abated at once by eradicating or controlling such diseases, insects, weeds or other pests in a manner to be determined by the [department.] division.

      2.  The expense thereof [shall] must be paid from any [moneys] money made available to the [department] division by direct legislative appropriation or otherwise.

      Sec. 703.  NRS 555.120 is hereby amended to read as follows:

      555.120  1.  [Any and all] All sums paid by the [department shall be and become] division constitute a lien on the property and premises from which the nuisance has been removed or abated in pursuance of NRS 555.100 and 555.110, and may be recovered by an action against such property and premises.

      2.  A notice of [such lien shall] lien must be filed and recorded in the office of the county recorder of the county in which the property and premises are situated within 30 days after the right to liens has accrued.

      3.  An action to foreclose a lien may be commenced at any time within 1 year after the filing and recording of the notice of lien, which action [shall] must be brought in the proper court by the district attorney of the county in the name and for the benefit of the [department.]


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ê1993 Statutes of Nevada, Page 1711 (Chapter 466, AB 782)ê

 

must be brought in the proper court by the district attorney of the county in the name and for the benefit of the [department.] division.

      4.  When the property is sold, enough of the proceeds [shall] must be paid to the [department] division to satisfy the lien and costs, and the overplus, if there is any, [shall] must be paid to the owner of the property if he is known, and if not, into the court for his use when ascertained. All sales under the provisions of NRS 555.100 to 555.120, inclusive, [shall] must be made in the same manner and upon the same notice as sales of real property under execution from a justice’s court.

      Sec. 704.  NRS 555.125 is hereby amended to read as follows:

      555.125  1.  When it appears that an area has or is likely to become infested with a pest which cannot be practically eradicated or controlled except by the means provided in this section, the [department] division shall hold a public hearing to determine the necessity of declaring a time limit during which or an area in which plants capable of acting as hosts for such pest may not be planted, grown, cultivated, maintained or allowed to exist.

      2.  Notice of [such hearing shall] the hearing must be given to all growers of such host plants within the area and [shall] must specify:

      (a) The time and place of the hearing.

      (b) The host plant.

      (c) The pest.

      (d) The purpose of the hearing.

      3.  If, after the hearing, the [department] division determines that such pest cannot otherwise be practically eradicated or controlled, the [department] division shall issue an order prescribing a time limit during which or an area in which such host plants may not be planted, grown, cultivated, maintained or allowed to exist, and requiring owners or occupiers of property upon which such host plants exist to eradicate such plants.

      4.  If such an owner or occupant neglects or refuses to eradicate such plants, the [department] division may do so in the manner prescribed by NRS 555.120.

      5.  Any person violating such an order is guilty of a misdemeanor.

      Sec. 705.  NRS 555.160 is hereby amended to read as follows:

      555.160  1.  The state quarantine officer shall make or have made a careful examination and investigation of the spread, development and growth of injurious and noxious weeds in this state. Upon the discovery of such weeds he shall ascertain the name of the owner or occupant of the land and the description of the land where the weeds are found. He may serve notice in writing upon the owner or occupant of the land to cut, eradicate or destroy such weeds within such time and in such manner as designated and described in the notice. One such notice shall be deemed sufficient for the entire season of weed growth during that year.

      2.  Notices may be served upon the owner or occupant by an officer or employee of the [department. Such notices shall] division, and must be served in writing, personally or by certified mail, with receipt given therefor.

      Sec. 706.  NRS 555.235 is hereby amended to read as follows:

      555.235  As used in NRS 555.235 to 555.249, inclusive:

      1.  “Agent” means any person who:


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ê1993 Statutes of Nevada, Page 1712 (Chapter 466, AB 782)ê

 

      (a) Acts upon the authority of another person possessing a valid nursery license in this state; and

      (b) Solicits for the sale of nursery stock.

      2.  “Container” means any receptacle in which nursery stock is packed for shipment, storage or sale.

      3.  “Inspecting officer” means a person authorized by the [department of agriculture] division to inspect nursery stock.

      4.  “Licensee” means any person licensed under the provisions of NRS 555.235 to 555.249, inclusive.

      5.  “Nursery” means any ground or place where nursery stock is grown, stored, packed, treated, fumigated or offered for sale.

      6.  “Nursery stock” means any plant for planting, propagation or ornamentation, and includes parts of plants, trees, shrubs, vines, vegetables, bulbs, stolons, tubers, corms, pips, rhizomes, scions, buds and grafts.

      7.  “Peddler” means any person who sells, solicits or offers for sale nursery stock to the ultimate customer and who does not have an established permanent place of business in the state. The term does not include nurserymen who wholesale stock to retail nurserymen in this state.

      8.  “Pest” means:

      (a) Any form of animal life detrimental to the nursery industry of the state.

      (b) Any form of vegetable life detrimental to the nursery industry of the state.

      9.  “Pest disease” means any infectious, transmissible or contagious disease of plants, or any disorder of plants which manifests symptoms or behavior which the director, after investigation, determines to be characteristic of an infectious, transmissible or contagious disease.

      10.  “Place of business” means any location used to propagate, grow, maintain, hold, sell or distribute nursery stock and includes but is not limited to established permanent places of business, registered places of business, established sales yards, store yards, store or sales locations or similar outlets for which the minimum nursery license fee has been paid.

      11.  “Sell” means exchange, offer for sale, expose for sale, have in possession for sale or solicit for sale.

      Sec. 707.  NRS 555.236 is hereby amended to read as follows:

      555.236  1.  Every person who engages in the commercial production, holding, distribution, collection or selling of nursery stock shall obtain a license from the [executive director,] administrator, except:

      (a) Retail florists or other persons who sell potted, ornamental plants intended for indoor decorative purposes.

      (b) A person not engaged in the nursery business, raising nursery stock as a hobby in this state, from which he makes occasional sales, if [such] the person reports to the [executive director] administrator his intention to make such sales and does not advertise or solicit for the sale of such nursery stock.

      (c) Persons engaged in agriculture and field-growing vegetable plants intended for sale for use in agricultural production.

      (d) That the [executive director] administrator may, to relieve hardships imposed by the licensing requirements of NRS 555.235 to 555.249, inclusive, upon persons residing in sparsely settled areas of the state in which there exist no licensed nurseries, waive nursery licensing requirements for any established business concern to permit occasional sales of nursery stock for customer accommodation.


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ê1993 Statutes of Nevada, Page 1713 (Chapter 466, AB 782)ê

 

established business concern to permit occasional sales of nursery stock for customer accommodation.

      (e) At the discretion of the [executive director,] administrator, persons selling vegetable bulbs or flower bulbs, such as onion sets, tulip bulbs or similar bulbs.

      2.  Persons, state agencies or political subdivisions exempt from the licensing requirements:

      (a) Shall conduct their businesses in accordance with pest regulations and grades and standards for nursery stock as established by the [executive director.] administrator.

      (b) Shall register annually, on or before July 1, with the [department,] division, the location, size and type of nursery stock being produced.

      Sec. 708.  NRS 555.237 is hereby amended to read as follows:

      555.237  1.  Any person applying for a license shall do so on the application form and in the manner prescribed by the [executive director.] administrator.

      2.  The application [shall] must be accompanied by the nursery license fee required by NRS 555.238 and by evidence of the applicant’s good faith and character.

      Sec. 709.  NRS 555.241 is hereby amended to read as follows:

      555.241  The [executive director] administrator may refuse to issue or renew, or may suspend or revoke, a nursery license for violation of any [provisions] provision of NRS 555.235 to 555.249, inclusive, or any [rules or regulations promulgated] rule or regulation adopted under NRS 555.243 , [;] but no license [shall] may be refused, suspended or revoked until the applicant or licensee has been given the opportunity to appear for a hearing. Offenders [shall] must be given 15 days’ notice in writing. [Such notice shall] The notice must indicate the offense and the place of hearing.

      Sec. 710.  NRS 555.242 is hereby amended to read as follows:

      555.242  The [executive director is authorized to] administrator may order any or all nursery stock to be held for terminal inspection.

      Sec. 711.  NRS 555.243 is hereby amended to read as follows:

      555.243  The [executive director] administrator may adopt such regulations as he may deem necessary to:

      1.  Carry into effect the intent of NRS 555.235 to 555.249, inclusive.

      2.  Establish sanitary standards relating to pest conditions of nurseries.

      3.  Establish mandatory and permissive grades for nursery stock. When mandatory grades are established for nursery stock, all nursery stock sold or offered for sale must be graded and labeled in accordance with those standards.

      4.  Establish standards relating to conditions that interfere with the proper development of nursery stock after planting.

      Sec. 712.  NRS 555.244 is hereby amended to read as follows:

      555.244  The [executive director] administrator or any inspecting officer may enter any nursery during reasonable hours to ascertain:

      1.  The pest conditions of nursery stock on growing grounds.

      2.  The condition of nursery stock offered for sale.


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ê1993 Statutes of Nevada, Page 1714 (Chapter 466, AB 782)ê

 

      Sec. 713.  NRS 555.245 is hereby amended to read as follows:

      555.245  1.  Any person may request the [executive director] administrator to certify to pest conditions, quality, viability or grade of nursery stock intended for shipment to meet plant pest requirements established by any state, territory or foreign country or by contract.

      2.  The [executive director] administrator may establish a schedule of reasonable fees for such certification requests.

      Sec. 714.  NRS 555.248 is hereby amended to read as follows:

      555.248  Any nursery stock brought into this state which the [executive director] administrator or inspecting officer finds or has reasonable cause to believe to be infested or infected with any pest [shall] must be destroyed immediately, at the expense of the owner or bailee, under the supervision of the [executive director] administrator or the inspecting officer, unless:

      1.  The nature of the pest is such that no detriment can be caused to the nursery industry or related industries in this state by shipping the nursery stock out of the state. In such case the [executive director] administrator or inspecting officer:

      (a) May affix a warning tag or notice to the nursery stock.

      (b) Shall notify the owner or bailee to ship the nursery stock out of this state within 48 hours.

      (c) Shall keep the nursery stock under his control at the expense of the owner or bailee.

      (d) Shall destroy the nursery stock at the expiration of 48 hours if the owner or bailee has not shipped the nursery stock out of the state.

      2.  The [executive director] administrator determines that the pest can be exterminated by treatment prescribed by the [executive director] administrator with the result that no detriment can be caused to the nursery industry or related industries in this state. In such case, nursery stock will be released if the nursery stock is:

      (a) Treated in the manner prescribed by the [executive director;] administrator;

      (b) Treated within the time specified by the [executive director] administrator or inspecting officer;

      (c) Treated under the supervision of the inspecting officer; and

      (d) Found to be free from pests.

      Sec. 715.  NRS 555.2617 is hereby amended to read as follows:

      555.2617  “Certificate” means a certificate of competency issued by the [executive director] administrator to a commercial applicator or private applicator authorizing [such] that person to make application of or to supervise the application of a restricted-use pesticide.

      Sec. 716.  NRS 555.2618 is hereby amended to read as follows:

      555.2618  “Certified applicator” means any person who is certified by the [executive director] administrator as qualified to use or to supervise the use of any restricted-use pesticide.

      Sec. 717.  NRS 555.2665 is hereby amended to read as follows:

      555.2665  “Pest” means, but is not limited to, any insect, fungus, rodent, nematode, snail, slug, weed and any form of plant or animal life or virus , [(] except virus on or in living man or other animal , [)] which is normally considered to be a pest or which the [executive director may declare] administrator declares to be a pest.


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ê1993 Statutes of Nevada, Page 1715 (Chapter 466, AB 782)ê

 

considered to be a pest or which the [executive director may declare] administrator declares to be a pest.

      Sec. 718.  NRS 555.267 is hereby amended to read as follows:

      555.267  “Pesticide” means:

      1.  Any substance or mixture of substances, including any living organisms or any product derived therefrom or any fungicide, herbicide, insecticide, nematocide or rodenticide, intended to prevent, destroy, control, repel, attract or mitigate any insect, rodent, nematode, snail, slug, fungus, weed and any other form of plant or animal life or virus , [(] except virus on or in living man or other animals , [)] which is normally considered to be a pest or which the [executive director may declare] administrator declares to be a pest.

      2.  Any substance or mixture of substances intended to be used as a plant regulator, defoliant or desiccant, and any other substances intended for such use as [may be named by the executive director] are named by the administrator by regulation after calling a public hearing for that purpose.

      Sec. 719.  NRS 555.2683 is hereby amended to read as follows:

      555.2683  “Restricted-use pesticide” means any pesticide, including any highly toxic pesticide, which:

      1.  The [executive director] administrator has found and determined, subsequent to a hearing, to be:

      (a) Injurious to persons, pollinating insects, bees, animals, crops or land, other than pests or vegetation it is intended to prevent, destroy, control or mitigate; or

      (b) Detrimental to [vegetation (except weeds), wildlife or to the public] :

             (1) Vegetation, except weeds;

             (2) Wildlife; or

             (3) Public health and safety; or

      2.  Has been classified for restricted use by or under the supervision of a certified applicator in accordance with the Federal Environmental Pesticide Control Act (7 U.S.C. § 136 et seq.).

      Sec. 720.  NRS 555.2687 is hereby amended to read as follows:

      555.2687  “Supervision” of the application of a restricted-use pesticide by a certified applicator [shall] must be defined by regulation of the [executive director.] administrator.

      Sec. 721.  NRS 555.280 is hereby amended to read as follows:

      555.280  A person shall not engage in pest control or serve as an agent, operator or pilot for that purpose within this state at any time without a license issued by the [executive director.] administrator.

      Sec. 722.  NRS 555.285 is hereby amended to read as follows:

      555.285  A person shall not for hire engage in, offer to engage in, advertise or solicit to perform any of the following pest control activities concerning wood-destroying pests or organisms without a license issued by the [executive director:] administrator:

      1.  Making an inspection to identify or to attempt to identify infestations or infections of households or other structures by such pests or organisms.

      2.  Making inspection reports concerning the infestations or infections.

      3.  Making estimates or bids, whether written or oral, concerning the infestations or infections.


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ê1993 Statutes of Nevada, Page 1716 (Chapter 466, AB 782)ê

 

      4.  Submitting bids to perform any work involving the application of pesticides for the elimination, extermination, control or prevention of infestations or infections of such pests.

      Sec. 723.  NRS 555.290 is hereby amended to read as follows:

      555.290  1.  Application for a license [shall] must be made to the [executive director and shall] administrator and must contain such information regarding the applicant’s qualifications and proposed operations and other relevant matters as required pursuant to regulations [promulgated] adopted by the [executive director.] administrator.

      2.  If an applicant fails to complete the licensing requirements within 30 days after the date on which he submits his application, he [shall forfeit] forfeits all fees he has tendered. Thereafter he may reinitiate the application process upon payment of the appropriate fees.

      Sec. 724.  NRS 555.300 is hereby amended to read as follows:

      555.300  1.  The [executive director] administrator may require the applicant to show, upon examination, that he possesses adequate knowledge concerning the proper use and application of pesticides and the dangers involved and precautions to be taken in connection with their application.

      2.  If the applicant is other than [an individual,] a natural person, the applicant shall designate an officer, member or technician of the organization to take the examination, such designee to be subject to the approval of the [executive director.] administrator. If the extent of the applicant’s operations warrant it, the [executive director] administrator may require more than one officer, member or technician to take the examination.

      3.  The applicant or the [individual] person designated by the applicant in accordance with subsection 2 of this section [shall] must be the age of majority or over and [shall] have:

      (a) Not less than 2 years’ practical experience in pest control; or

      (b) Possess university credits of not less than 16 credit hours in biological sciences of which not less than 8 credit hours must be in subjects directly related to the categories of pest control in which the applicant wishes to be licensed and [shall] have 6 or more months of practical experience in pesticide application or related pest control.

      4.  The requirements of subsection 3 [shall] do not apply to persons holding a license issued by the [executive director] administrator before July 1, 1973, nor [shall such requirements apply] to the renewal of the license of any such person.

      Sec. 725.  NRS 555.310 is hereby amended to read as follows:

      555.310  1.  The [executive director] administrator shall collect from each person applying for the examination or re-examination a testing fee of $10 for each field of pest control in which the applicant wishes to be examined, subject, however, to a maximum charge of $35 and a minimum charge of $15 for any one application.

      2.  Upon the successful completion of the testing, the [executive director] administrator shall collect from each person applying for a license for pest control the sum of $50 before the license is issued. Any company or person employing operators, pilots or agents shall pay to the [executive director] administrator $15 for each operator, pilot or agent licensed.


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ê1993 Statutes of Nevada, Page 1717 (Chapter 466, AB 782)ê

 

      Sec. 726.  NRS 555.320 is hereby amended to read as follows:

      555.320  1.  If the [executive director] administrator finds the applicant qualified, and upon the applicant’s appointing the [executive director] administrator agent for service of process and finding that the applicant has satisfied the requirements of NRS 555.330, the [executive director] administrator shall issue a license to perform pest control within this state.

      2.  The license period is the calendar year. All licenses expire on December 31 of each year. The license may be renewed annually upon application to the [executive director] administrator and payment of the license fee on or before January 16 of each year.

      3.  A penalty fee of $5 must be charged for failure to pay the renewal fee when due unless the application for renewal is accompanied by a written statement signed by the applicant that he has not made any application of pesticides from the time of expiration of his prior license to the time of application for renewal.

      4.  The license may restrict the licensee to the use of a certain type or types of equipment or materials if the [executive director] administrator finds that the applicant is qualified to use only a certain type or types.

      5.  If a license is not issued as applied for, the [executive director] administrator shall inform the applicant in writing of the reasons therefor.

      Sec. 727.  NRS 555.330 is hereby amended to read as follows:

      555.330  1.  The [executive director] administrator shall require from each applicant for a pest control license proof of public liability and property damage insurance in an amount not less than $10,000, nor more than $200,000. The [executive director] administrator may accept a liability insurance policy or surety bond in the proper amount.

      2.  The [executive director] administrator may require drift insurance for the use of pesticides or other materials declared hazardous or dangerous to man, livestock, wildlife, crops or plantlife.

      3.  Any person injured by the breach of any such obligation is entitled to sue in his own name in any court of competent jurisdiction to recover the damages he sustained by that breach, if each claim is made within 6 months after the alleged injury.

      4.  The [executive director] administrator on his own motion may, or upon receipt of a verified complaint of an interested person shall, investigate, as he deems necessary, any loss or damage resulting from the application of any pesticide by a licensed pest control operator. A verified complaint of loss or damage must be filed within 60 days after the time that the occurrence of the loss or damage becomes known except that, if a growing crop is alleged to have been damaged, the verified complaint must be filed before 50 percent of the crop has been harvested. A report of investigations resulting from a verified complaint must be furnished to the complainant.

      Sec. 728.  NRS 555.350 is hereby amended to read as follows:

      555.350  1.  The [executive director] administrator may suspend, pending inquiry, for not longer than 10 days, and, after opportunity for a hearing, may revoke, suspend or modify any license issued under NRS 555.2605 to 555.460, inclusive, if he finds that:

      (a) The licensee is no longer qualified;


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ê1993 Statutes of Nevada, Page 1718 (Chapter 466, AB 782)ê

 

      (b) The licensee has engaged in fraudulent business practices in pest control;

      (c) The licensee has made false or fraudulent claims through any media, misrepresenting the effect of materials or methods to be utilized;

      (d) The licensee has applied known ineffective or improper materials;

      (e) The licensee operated faulty or unsafe equipment;

      (f) The licensee has made any application in a faulty, careless or negligent manner;

      (g) The licensee has violated any of the provisions of NRS 555.2605 to 555.460, inclusive, or regulations made thereunder;

      (h) The licensee engaged in the business of pest control without having a licensed applicator or operator in direct on-the-job supervision;

      (i) The licensee aided or abetted a licensed or an unlicensed person to evade the provisions of NRS 555.2605 to 555.460, inclusive, combined or conspired with such a licensee or an unlicensed person to evade the provisions, or allowed one’s license to be used by an unlicensed person;

      (j) The licensee was intentionally guilty of fraud or deception in the procurement of his license; or

      (k) The licensee was intentionally guilty of fraud or deception in the issuance of an inspection report on wood-destroying pests or other report required by regulation.

      2.  A license is suspended automatically, without action of the [executive director,] administrator, if the proof of public liability and property damage or drift insurance filed pursuant to NRS 555.330, is canceled, and the license remains suspended until the insurance is reestablished.

      Sec. 729.  NRS 555.351 is hereby amended to read as follows:

      555.351  1.  A person shall not use any restricted-use pesticide within this state at any time without a certificate issued by the [executive director] administrator except a person using any restricted-use pesticide under the supervision of a certified applicator.

      2.  If the [executive director] administrator has adopted regulations requiring:

      (a) A permit pursuant to NRS 586.403; or

      (b) A special use permit pursuant to NRS 586.405,

for a restricted-use pesticide, a person shall not use such pesticide without first obtaining the required permit.

      Sec. 730.  NRS 555.353 is hereby amended to read as follows:

      555.353  Application for a certificate [shall] must be made to the [executive director and shall] administrator and contain such information regarding the applicant’s qualifications and proposed operations and other relevant matters as required pursuant to regulations adopted [and promulgated] by the [executive director.] administrator.

      Sec. 731.  NRS 555.355 is hereby amended to read as follows:

      555.355  1.  The [executive director] administrator may require the applicant to show, upon examination, that he possesses adequate knowledge concerning the proper use and application of restricted-use pesticides and the dangers involved and precautions to be taken in connection with their application, including but not limited to the following subject areas:

      (a) Label and labeling comprehension.


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ê1993 Statutes of Nevada, Page 1719 (Chapter 466, AB 782)ê

 

      (b) Environmental consequences of pesticide use and misuse.

      (c) Pests.

      (d) Pesticides.

      (e) Equipment.

      (f) Application techniques.

      (g) Laws and regulations.

      (h) Safety.

      2.  In addition, the [executive director] administrator may require the applicant to meet special qualifications of competency to meet the special needs of a given locality regarding the use or application of a specific restricted-use pesticide.

      3.  The [executive director] administrator shall collect from each person applying for an examination or re-examination, in connection with the issuance of a certificate, a testing fee not to exceed $10 for any one examination period.

      Sec. 732.  NRS 555.357 is hereby amended to read as follows:

      555.357  1.  If the [executive director] administrator finds that the applicant is qualified, he shall issue a certificate to make application of or to supervise the application of restricted-use pesticides within this state.

      2.  A certificate is valid for 4 calendar years and expires on December 31. The certificate may be renewed upon completion of the requirements established by regulation of the [executive director.] administrator.

      3.  The [executive director] administrator shall adopt regulations concerning the requirements for renewal of a certificate.

      4.  The certificate may limit the applicant to the use of a certain type or types of equipment or material if the [executive director] administrator finds that the applicant is qualified to use only that type or types.

      5.  If a certificate is not issued as applied for, the [executive director] administrator shall inform the applicant in writing of the reasons therefor.

      Sec. 733.  NRS 555.359 is hereby amended to read as follows:

      555.359  The [executive director] administrator may deny or suspend, pending inquiry, for not longer than 10 days, and, after opportunity for a hearing, may deny, revoke, suspend or modify any certificate issued under the provisions of NRS 555.351 to 555.357, inclusive, if he finds that the applicant or the certified applicator:

      1.  Is no longer qualified;

      2.  Has applied known ineffective or improper materials;

      3.  Has applied materials inconsistent with labeling or other restrictions imposed by the [executive director;] administrator;

      4.  Has operated faulty or unsafe equipment;

      5.  Has made any application in a faulty, careless or negligent manner;

      6.  Aided or abetted an uncertified person to evade the provisions of NRS 555.351 to 555.357, inclusive, combined or conspired with an uncertified person to evade such provisions, or allowed one’s certificate to be used by an uncertified person;

      7.  Was guilty of fraud or deception in the procurement of his certificate;

      8.  Has deliberately falsified any record or report;

      9.  Has violated any of the provisions of NRS 555.351 to 555.357, inclusive, NRS 555.390 or regulations made thereunder; or


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ê1993 Statutes of Nevada, Page 1720 (Chapter 466, AB 782)ê

 

      10.  Has failed or neglected to give adequate instruction or direction to an uncertified person working under his supervision.

      Sec. 734.  NRS 555.360 is hereby amended to read as follows:

      555.360  1.  Any person aggrieved by any action of the [executive director] administrator may obtain a review thereof by filing in the district court of the county [wherein such] in which the person resides, within 30 days after notice of the action, a written petition praying that the action of the [executive director] administrator be set aside.

      2.  A copy of the petition [shall] must forthwith be delivered to the [executive director,] administrator, and within 20 days thereafter the [executive director] administrator shall certify and file in the court a transcript of any record pertaining thereto, including a transcript of evidence received.

      3.  Upon compliance with the provisions of subsections 1 and 2, the court shall have jurisdiction to affirm, set aside or modify the action of the [executive director,] administrator, except that the findings of the [executive director] administrator as to the facts, if supported by substantial evidence, [shall be] are conclusive.

      Sec. 735.  NRS 555.370 is hereby amended to read as follows:

      555.370  The [executive director] administrator may provide for inspection of any ground equipment or of any device or apparatus used for application of pesticides by aircraft, and may require proper repairs or other changes before its further use.

      Sec. 736.  NRS 555.380 is hereby amended to read as follows:

      555.380  1.  The [executive director] administrator may, by regulation, prescribe materials or methods to be used and prohibit the use of materials or methods in custom application of pesticides, to the extent necessary to protect health or to prevent injury by reason of the drifting, washing or application of such materials to desired plants or animals, including pollinating insects and aquatic life.

      2.  In issuing such regulations, the [executive director] administrator shall give consideration to pertinent research findings and recommendations of other agencies of this state or of the Federal Government.

      Sec. 737.  NRS 555.390 is hereby amended to read as follows:

      555.390  1.  The [executive director] administrator may, by regulation, require any licensee to maintain such records and furnish reports giving such information with respect to particular applications of pesticides and such other relevant information as the [executive director] administrator may deem necessary.

      2.  The [executive director] administrator may, by regulation, require any certified applicator to maintain such records and furnish reports giving such information with respect to application of restricted-use pesticides and such other relevant information as the [executive director] administrator may deem necessary.

      Sec. 738.  NRS 555.400 is hereby amended to read as follows:

      555.400  1.  The [executive director] administrator may make regulations for carrying out the provisions of NRS 555.2605 to 555.460, inclusive [; but such regulations shall] , but the regulations must not be inconsistent with regulations issued by this state or by the Federal Government respecting safety in air navigation or operation of aircraft.


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ê1993 Statutes of Nevada, Page 1721 (Chapter 466, AB 782)ê

 

      2.  Before issuing regulations directly relating to any matter within the jurisdiction of any other official of this state, the [executive director] administrator shall consult with that official with reference thereto.

      Sec. 739.  NRS 555.410 is hereby amended to read as follows:

      555.410  The [executive director] administrator may, in cooperation with the University of Nevada System, publish information regarding injury which may result from improper application or handling of pesticides and methods and precautions designed to prevent such injury.

      Sec. 740.  NRS 555.420 is hereby amended to read as follows:

      555.420  For the purpose of carrying out the provisions of NRS 555.2605 to 555.460, inclusive, the [executive director] administrator and his duly appointed inspectors may enter upon any public or private premises at reasonable times [in order to have access] for the purpose of inspecting, auditing, sampling or monitoring any aircraft, ground equipment, records, storage, pesticides, pesticide sprays, disposal operations or other operations which are subject to NRS 555.2605 to 555.460, inclusive, or regulations adopted thereunder.

      Sec. 741.  NRS 555.530 is hereby amended to read as follows:

      555.530  The board of directors of a rodent control district may:

      1.  With the approval of the [executive director] administrator, appoint a rodent control officer.

      2.  Receive and expend any [moneys] money provided by assessment, voluntary contribution or otherwise for the control of rodents in the district.

      3.  Exercise any other power necessary or proper to effectuate the purposes for which the district exists.

      4.  Elect a chairman from among its members, and secretary who may or may not be a member.

      Sec. 742.  NRS 561.025 is hereby amended to read as follows:

      561.025  As used in this chapter, unless the context requires otherwise:

      1.  “Administrator” means the administrator of the division.

      2.  “Board” means the state board of agriculture.

      [2.  “Department” means the state department of agriculture of the State of Nevada.

      3.  “Executive director” means the executive director of the state department of agriculture.]

      3.  “Division” means the division of agriculture of the department of business and industry.

      4.  “Livestock” means:

      (a) All cattle or animals of the bovine species.

      (b) All horses, mules, burros and asses or animals of the equine species.

      (c) All swine or animals of the porcine species.

      (d) All goats or animals of the caprine species.

      (e) All poultry or domesticated fowl or birds.

      (f) All dogs, cats or other animals domesticated or under the restraint or control of man.

      Sec. 743.  NRS 561.035 is hereby amended to read as follows:

      561.035  [There is hereby created the state department of agriculture of the State of Nevada in which shall be vested the] The administration of the provisions of this chapter [.] is vested in the division.


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ê1993 Statutes of Nevada, Page 1722 (Chapter 466, AB 782)ê

 

      Sec. 744.  NRS 561.045 is hereby amended to read as follows:

      561.045  There is hereby created in the [state department of agriculture] division a state board of agriculture composed of 10 members appointed by the governor.

      Sec. 745.  NRS 561.075 is hereby amended to read as follows:

      561.075  1.  While engaged in the business of the [department,] division, each member of the board is entitled to receive a salary of not more than $80 per day, as fixed by the board.

      2.  While engaged in the business of the [department,] division, each member and employee of the board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      3.  The salaries, per diem allowances and travel expenses of the members and employees of the board must be paid from any money available to the [department.] division.

      Sec. 746.  NRS 561.085 is hereby amended to read as follows:

      561.085  1.  The board shall elect one of its members as chairman of the board.

      2.  The [executive director] administrator shall act as the nonvoting recording secretary of the board. He shall keep the minutes of the proceedings of the board.

      Sec. 747.  NRS 561.095 is hereby amended to read as follows:

      561.095  1.  The members of the board may meet at such times and at such places as may be specified by the call of the chairman or a majority of the board and a meeting of the board may be held regularly at least once every 3 months. In case of emergency, special meetings may be called by the chairman or by the [executive director.] administrator.

      2.  Six members of the board constitute a quorum. A quorum may exercise all the authority conferred on the board.

      3.  Minutes of each meeting, regular or special, must be filed with the [department] division and are public records.

      Sec. 748.  NRS 561.105 is hereby amended to read as follows:

      561.105  1.  The board shall:

      (a) Be informed on and interested in the entire field of legislation and administration charged to the [department.] division.

      (b) Report to the governor and legislature on all matters which it deems pertinent to the [department,] division, and concerning any specific matters previously requested by the governor.

      (c) Advise and make recommendations to the governor or the legislature relative to the policies of the state concerning livestock and agriculture.

      (d) Formulate the policy of the [department and the various divisions thereof.] division.

      (e) Adopt such regulations as it deems necessary for the operation of the [department] division and for carrying out the provisions of the laws and programs administered by the [department.] division.

      2.  The board shall prescribe rules for its own management and government.


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ê1993 Statutes of Nevada, Page 1723 (Chapter 466, AB 782)ê

 

      Sec. 749.  NRS 561.115 is hereby amended to read as follows:

      561.115  The [position of executive director of the state department of agriculture is hereby created. The executive director shall] administrator must be:

      1.  Appointed by the board with the approval of the [governor.] director of the department of business and industry.

      2.  In the unclassified service.

      Sec. 750.  NRS 561.125 is hereby amended to read as follows:

      561.125  The [executive director shall] administrator must be a graduate from an accredited college or university, and [he shall] have at least 5 years’ experience in official agriculture or livestock regulatory work.

      Sec. 751.  NRS 561.135 is hereby amended to read as follows:

      561.135  The salary of the [executive director] administrator may be apportioned and paid from any [funds] money available to the [department,] division unless otherwise provided by specific statute.

      Sec. 752.  NRS 561.145 is hereby amended to read as follows:

      561.145  1.  [As the executive head of the department, the executive director] The administrator shall direct and supervise all administrative and technical activities of the [department,] division, and all programs administered by the [department] division as provided by law. He shall devote his entire time to the duties of his office, and shall follow no other gainful employment or occupation.

      2.  The [executive director] administrator may, within such limitations as may be provided by law, organize the [department] division into various [divisions] bureaus and, from time to time, alter such organization and reassign responsibilities and duties as he may deem appropriate.

      3.  The [executive director] administrator shall:

      (a) Coordinate the activities of the various [divisions] bureaus of the department.

      (b) Report to the board upon all matters pertaining to the administration of the [department.] division.

      (c) Submit a biennial report to the governor, the legislature and the board of the work of the [department,] division, with recommendations that he may deem necessary. The report [shall] must set forth the facts relating to the condition of the livestock, agriculture and related industries in the State of Nevada.

      Sec. 753.  NRS 561.146 is hereby amended to read as follows:

      561.146  1.  Whenever the [executive director] administrator is authorized or required by law to conduct a hearing, he may issue subpenas requiring the attendance of witnesses before him, together with all books, memoranda, papers and other documents relative to the matters for which the hearing is called, and take depositions within or without the state, as the circumstances of the case may require.

      2.  The district court in and for the county in which any hearing is being conducted by the [executive director] administrator may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpena issued by the [executive director.] administrator.


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ê1993 Statutes of Nevada, Page 1724 (Chapter 466, AB 782)ê

 

      3.  In case of the refusal of any witness to attend or testify or produce any papers required by the subpena the [executive director] administrator may report to the district court in and for the county in which the hearing is pending by petition, setting forth:

      (a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

      (b) That the witness has been subpenaed in the manner prescribed in this section; and

      (c) That the witness has failed and refused to attend or produce the papers required by subpena before the [executive director] administrator in the hearing named in the subpena, or has refused to answer questions propounded to him in the course of such hearing,

and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the [executive director.] administrator.

      4.  The court, upon petition of the [executive director,] administrator, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in the order, the time to be not more than 10 days [from] after the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers before the [executive director.] administrator. A certified copy of the order must be served upon the witness. If it appears to the court that the subpena was regularly issued by the [executive director,] administrator, the court may thereupon enter an order that the witness appear before the [executive director] administrator at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness must be dealt with as for contempt of court.

      Sec. 754.  NRS 561.147 is hereby amended to read as follows:

      561.147  If any feed, grain, hay, machinery or other article is found to be infested with, or the possible carrier of, the propagating parts of any noxious or injurious weed, injurious insect pest or plant disease, and the [executive director] administrator determines that movement of [such] the article into any area of the state will be damaging or will jeopardize the agricultural industry of the area, the [executive director] administrator may prohibit or restrict movement of the infested article or he may prescribe treatment to devitalize or sterilize [such] the infested article.

      Sec. 755.  NRS 561.148 is hereby amended to read as follows:

      561.148  The [executive director shall have the authority to] administrator may participate in the investigation and prosecution of any suspected theft, mutilation or malicious destruction of livestock, and may temporarily stop the movement of livestock and carcasses for purposes of inspection.

      Sec. 756.  NRS 561.149 is hereby amended to read as follows:

      561.149  In all cases where the [executive director] administrator is required or authorized by law to proceed upon a verified complaint, he, or his deputy so authorized by him, may take depositions, within or without the state, as the circumstances of the case may require.

      Sec. 757.  NRS 561.153 is hereby amended to read as follows:

      561.153  The [executive director] administrator may by regulation adopt such procedures as he may deem appropriate for the billing or collection of fees for any service rendered by the department under Titles 49, 50 and 51 of NRS for which fees are collectible.


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ê1993 Statutes of Nevada, Page 1725 (Chapter 466, AB 782)ê

 

fees for any service rendered by the department under Titles 49, 50 and 51 of NRS for which fees are collectible.

      Sec. 758.  NRS 561.155 is hereby amended to read as follows:

      561.155  The [executive director] administrator is hereby designated and appointed ex officio state sealer of weights and measures, and shall carry out all the duties of the state sealer of weights and measures as provided by law.

      Sec. 759.  NRS 561.165 is hereby amended to read as follows:

      561.165  The [executive director] administrator is hereby designated and appointed ex officio state quarantine officer, and shall carry out all the duties of the state quarantine officer as provided by law.

      Sec. 760.  NRS 561.185 is hereby amended to read as follows:

      561.185  The [executive director] administrator may designate an employee or employees of the [department] division to act as his deputy or deputies. In case of the absence of the [executive director,] administrator, or his inability from any cause to discharge the powers and duties of his office, such powers and duties [shall] devolve upon his deputy or deputies.

      Sec. 761.  NRS 561.205 is hereby amended to read as follows:

      561.205  The [director of the division of animal industry] administrator shall appoint a person to manage the activities of the division pertaining to the protection and promotion of the livestock industry of the State of Nevada. The person must be appointed on the basis of merit and is in the unclassified service. He must be a graduate of a veterinary school or college approved by the American Veterinary Medical Association, and have at least 5 years’ experience in official work for regulating and controlling diseases in livestock. The [executive director] administrator may remove the [director of the division of animal industry from his] person from office with the approval of the board.

      Sec. 762.  NRS 561.209 is hereby amended to read as follows:

      561.209  The [director of the division of brand inspection] administrator shall appoint a person to manage the activities of the division pertaining to brands and marks and brand inspection in the State of Nevada. The person must be appointed [by the executive director] on the basis of merit, and is in the unclassified service. The [executive director] administrator may remove the [director of the division of brand inspection from his] person from office with the approval of the board.

      Sec. 763.  NRS 561.214 is hereby amended to read as follows:

      561.214  The [director of the division of plant industry] administrator shall appoint a person to manage the activities of the division pertaining to the protection and promotion of the agricultural industry of the State of Nevada. The person must be appointed on the basis of merit and is in the unclassified service. He must be a graduate of an accredited college or university with a major in one of the agricultural sciences, and have at least 5 years’ experience in official work for regulating agriculture. The [executive director] administrator may remove the [director of the division of plant industry from his] person from office with the approval of the board.

      Sec. 764.  NRS 561.225 is hereby amended to read as follows:

      561.225  1.  The [executive director] administrator shall appoint such technical, clerical and operational staff as the execution of his duties and the operation of the [department] division may require.


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ê1993 Statutes of Nevada, Page 1726 (Chapter 466, AB 782)ê

 

      2.  The [executive director] administrator may designate such [department] division personnel as are required to be field agents and inspectors in the enforcement of the provisions of Titles 49 and 50 of NRS, and while so serving this person or persons have the powers of peace officers to make investigations and arrests and to execute warrants of search and seizure, and may temporarily stop the movement of livestock and carcasses for purposes of inspection. Nothing in this subsection authorizes any [department] division personnel so designated by the [executive director] administrator to retire from the public employees’ retirement system [prior to] before having attained the minimum service retirement age of 60 years.

      Sec. 765.  NRS 561.235 is hereby amended to read as follows:

      561.235  1.  The [department] division shall maintain a principal office and may maintain district or branch offices throughout the state if they are necessary for the efficient operation of the [department and its various divisions.] division.

      2.  The [executive director] administrator shall select the location of those offices and may enter into such leases or other agreements as may be necessary to establish them. The leases or agreements must be executed in cooperation with the buildings and grounds division of the department of [general services] administration and in accordance with the provisions of NRS 331.110.

      Sec. 766.  NRS 561.245 is hereby amended to read as follows:

      561.245  In the administration of various programs by the [department] division as provided by law, the [department] division may cooperate, financially or otherwise, and execute contracts or agreements with the Federal Government or any federal department or agency, any other state department or agency, a county, a city, a public district or any political subdivision of this state, a public or private corporation, [an individual,] a natural person, or a group of [individuals,] natural persons, but such cooperation [shall] does not of itself relieve any person, department, agency, corporation or political subdivision of any responsibility or liability existing under any provision of law.

      Sec. 767.  NRS 561.247 is hereby amended to read as follows:

      561.247  1.  The [department] division shall adopt regulations necessary to establish an agricultural loan mediation program that complies with the requirements of 7 U.S.C. § 5101(c) for certification by the Secretary of Agriculture. The [department] division shall establish fees to be charged by the [department] division for participation in the program. The amount of the fees must be sufficient to cover the costs of administering the program.

      2.  The [department] division shall administer the program established pursuant to subsection 1.

      Sec. 768.  NRS 561.255 is hereby amended to read as follows:

      561.255  1.  The [department] division may accept, for programs administered by the [department,] division, any money or other contribution which is made available by:

      (a) Any Act of the Congress of the United States;

      (b) A county, city, public district or any political subdivision of this state; or

      (c) A public or private corporation or association or by any person.


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ê1993 Statutes of Nevada, Page 1727 (Chapter 466, AB 782)ê

 

      2.  Any money or other contribution accepted by the [department] division under the provisions of this section [shall] must be deposited with the state treasurer for credit to the appropriate fund and used in a program of the [department.] division.

      Sec. 769.  NRS 561.275 is hereby amended to read as follows:

      561.275  1.  The [department] division may exhibit and display property, objects, articles, things, livestock and commodities at exhibits, fairs, expositions and places of public or private exhibition.

      2.  The [department] division may negotiate, consult with and agree with institutions, departments, officers, persons and corporations of and in the State of Nevada and elsewhere concerning quarters for and the preservation, care, transportation, storing, custody, display and exhibition of property, objects, articles, things, livestock and commodities, and concerning the terms and cost thereof, the manner, time, place and extent thereof, and the return thereof.

      Sec. 770.  NRS 561.285 is hereby amended to read as follows:

      561.285  The [department] division may collect and disseminate, throughout the state, information calculated to educate and benefit the livestock and agricultural industries of the State of Nevada, and information pertaining to any program administered by the [department.] division.

      Sec. 771.  NRS 561.295 is hereby amended to read as follows:

      561.295  1.  The [executive director] administrator may issue and enforce a written hold order to the owner or custodian of any agricultural commodity, livestock, livestock product, appliance, material or article which he finds is in violation of any of the provisions of law administered by the [department] division or which he finds to be infested with a pest or infected with a disease. Such order may prohibit further sale or movement or require that the agricultural commodity, livestock, livestock product, appliance, material or article to be held on the premises or at a designated premise until the [executive director] administrator has evidence that the hold order has been complied with, and upon compliance [such order shall] the order must be dissolved.

      2.  It [shall be] is unlawful to move or otherwise dispose of any agricultural commodity, livestock, livestock product, appliance, material or article except with the permission of the [executive director] administrator and for the purposes specified therein. Upon demand, the owner or custodian of such agricultural commodity, livestock, livestock product, appliance, material or article [shall have] has the right to a hearing before the [executive director] administrator relative to the justification of any such order. The provisions of this section [shall not be construed as limiting] do not limit the right of the [department] division to proceed as authorized by law. Any decision of the [executive director] administrator in accordance with this section is subject to review by any court of competent jurisdiction.

      Sec. 772.  NRS 561.301 is hereby amended to read as follows:

      561.301  Aquatic agriculture, which includes the propagation, cultivation and harvesting of plants indigenous to water in a controlled or selected aquatic environment for the commercial production of food, is one of the agricultural enterprises conducted in this state. The [department] division shall promote, protect and regulate aquatic agriculture to the extent that the [department] division is authorized to regulate other forms of agriculture and other agricultural products.


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ê1993 Statutes of Nevada, Page 1728 (Chapter 466, AB 782)ê

 

[department] division is authorized to regulate other forms of agriculture and other agricultural products. The [department] division shall confer with the [department of wildlife] division of wildlife of the state department of conservation and natural resources regarding aquatic agriculture to prevent any adverse effects on existing aquatic animals.

      Sec. 773.  NRS 561.305 is hereby amended to read as follows:

      561.305  The [department] division shall establish and maintain a laboratory or laboratories for the following purposes:

      1.  The diagnosis of infectious, contagious and parasitic diseases of livestock, as may be necessary under the provisions of chapter 571 of NRS.

      2.  The diagnosis of infectious, contagious and parasitic diseases of bees, as may be necessary under the provisions of NRS 552.085 to 552.310, inclusive.

      3.  The diagnosis of infectious, contagious and destructive diseases of agricultural commodities, and infestations thereof by pests, as may be necessary under the provisions of NRS 554.010 to 554.240, inclusive.

      4.  The survey and identification of insect pests, plant diseases and noxious weeds, and the maintenance of a herbarium, as may be necessary under the provisions of NRS 555.010 to 555.249, inclusive.

      5.  The testing of pesticides, as may be necessary under the provisions of NRS 555.2605 to 555.460, inclusive, and 586.010 to 586.450, inclusive.

      6.  The safekeeping and maintenance of official standards of weights and measures as may be necessary under the provisions of chapter 581 of NRS.

      7.  The testing and grading of agricultural products and the testing of the purity and germinating power of agricultural seeds and the testing of the spray residue contained in produce, as may be necessary under the provisions of chapter 587 of NRS.

      8.  The analysis and testing of commercial fertilizers and agricultural minerals as may be necessary under the provisions of NRS 588.010 to 588.350, inclusive.

      9.  The analysis and testing of petroleum products, as may be necessary under the provisions of NRS 590.010 to 590.150, inclusive.

      10.  The analysis and testing of antifreeze, as may be necessary under the provisions of NRS 590.340 to 590.450, inclusive.

      11.  Any laboratory examinations, diagnoses, analyses or testing as may be deemed necessary by the [executive director] administrator and which can be made with equipment available in any such laboratory. Any citizen [shall have the privilege of submitting] may submit samples to the [department] division for examination, diagnosis, analysis or testing, subject to such rules and regulations as may be promulgated by the [executive director.] administrator.

      Sec. 774.  NRS 561.315 is hereby amended to read as follows:

      561.315  The [executive director] administrator may fix the maximum number of samples that may be examined, diagnosed, analyzed or tested in the department’s laboratory or laboratories free of charge for any one [individual,] natural person, group or corporation in any one period, and may fix reasonable fees for samples submitted in excess of those tested free of charge.


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ê1993 Statutes of Nevada, Page 1729 (Chapter 466, AB 782)ê

 

      Sec. 775.  NRS 561.325 is hereby amended to read as follows:

      561.325  1.  The [department] division may offer a standing reward, or a reward for each class of livestock, not to exceed $500, for information leading to the arrest and conviction of each person engaged in stealing livestock, the reward to be paid to the person or persons giving the information leading to the arrest and conviction of such person or persons immediately upon the conviction of the person or persons so arrested.

      2.  The [executive director] administrator may promulgate such further conditions and rules pertaining to the offering of such rewards and the payments thereof as he may deem proper.

      Sec. 776.  NRS 561.335 is hereby amended to read as follows:

      561.335  1.  The revolving account for agriculture working capital in the amount of $10,000 is hereby created for the use of the [department.] division.

      2.  The account must be used specifically for carrying out the provisions of NRS 569.010 to 569.130, inclusive.

      3.  The account may be used for:

      (a) Paying the expenses of all programs and laws administered by the [department,] division, and in such case, the account must be reimbursed promptly from the proper funds in the state treasury by claims paid as other claims against the state are paid.

      (b) Providing advance money to officers and employees of the department for travel expenses and subsistence allowances arising out of their official duties or employment. Such an advance constitutes a lien in favor of the department upon the accrued wages of the requesting officer or employee in an amount equal to the sum advanced, but the [executive director] administrator may advance more than the amount of the accrued wages of the officer or employee. Upon the return of the officer or employee, he is entitled to receive any authorized expenses and subsistence in excess of the amount advanced, and a sum equal to the advance must be paid into the revolving account for agriculture working capital.

      (c) Making grants and loans for any purpose authorized by subsection 2 of NRS 561.445. Any loan or grant made pursuant to this paragraph must be reimbursed promptly, as other claims against the state are paid, from the money deposited in the state treasury pursuant to subsection 1 of NRS 561.445.

      4.  The revolving account for agriculture working capital must be deposited in a bank qualified to receive deposits of public money and the deposit be secured by a depository bond satisfactory to the state board of examiners.

      Sec. 777.  NRS 561.344 is hereby amended to read as follows:

      561.344  1.  The livestock inspection account is hereby created in the state general fund for the use of the [department.] division.

      2.  The following special taxes, fees and other money must be deposited in the livestock inspection account:

      (a) All special taxes on livestock as provided by law, except the assessment collected pursuant to NRS 565.075 and any tax levied pursuant to NRS 575.070.

      (b) Fees and other money collected pursuant to the provisions of chapter 564 of NRS.

      (c) Fees collected pursuant to the provisions of chapter 565 of NRS.


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ê1993 Statutes of Nevada, Page 1730 (Chapter 466, AB 782)ê

 

      (d) Unclaimed proceeds from the sale of estrays pursuant to NRS 569.010 to 569.130, inclusive.

      (e) Fees collected pursuant to chapter 573 of NRS.

      (f) Fees collected pursuant to chapter 576 of NRS.

      (g) Laboratory fees collected for the diagnosis of infectious, contagious and parasitic diseases of livestock, as authorized by NRS 561.305, and as are necessary pursuant to chapter 571 of NRS.

      3.  Expenditures from the livestock inspection account must be made only for the purposes of carrying out the provisions of chapters 564, 569, 571, 573 and 576 of NRS, and the provisions of this chapter.

      4.  The interest and income earned on the money in the livestock inspection account, after deducting any applicable charges, must be credited to the account.

      Sec. 778.  NRS 561.365 is hereby amended to read as follows:

      561.365  1.  The apiary inspection account is hereby created in the state general fund for the use of the [department.] division.

      2.  The following fees must be deposited in the apiary inspection account:

      (a) Fees collected pursuant to the provisions of NRS 552.085 to 552.310, inclusive.

      (b) Laboratory fees collected for the diagnosis of infectious, contagious and parasitic diseases of bees, as authorized by NRS 561.305, and as are necessary pursuant to the provisions of NRS 552.085 to 552.310, inclusive.

      3.  Expenditures from the apiary inspection account must be made only for the purpose of carrying out the provisions of chapter 552 of NRS and the provisions of this chapter.

      Sec. 779.  NRS 561.375 is hereby amended to read as follows:

      561.375  1.  The noxious weed and insect pest control program is hereby established.

      2.  Money accepted by the [department] division under the provisions of NRS 555.010 to 555.460, inclusive, from the Federal Government or any federal department or agency, a county, a city, a public district or any political subdivision of this state, a public or private corporation, or [individual,] a natural person, may be used in the noxious weed and insect pest control program.

      3.  Expenditures for the noxious weed and insect pest control program [shall] may be made only for the purpose of carrying out the provisions of chapter 555 of NRS, and the provisions of this chapter.

      Sec. 780.  NRS 561.385 is hereby amended to read as follows:

      561.385  1.  The agriculture registration and enforcement account is hereby created in the state general fund for the use of the [department.] division.

      2.  The following fees must be deposited in the agriculture registration and enforcement account:

      (a) Fees collected pursuant to the provisions of NRS 586.010 to 586.450, inclusive.

      (b) Fees collected pursuant to the provisions of NRS 588.010 to 588.350, inclusive.

      (c) Fees collected pursuant to the provisions of NRS 590.340 to 590.450, inclusive.


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ê1993 Statutes of Nevada, Page 1731 (Chapter 466, AB 782)ê

 

      (d) Laboratory fees collected for the testing of pesticides as authorized by NRS 561.305, and as are necessary pursuant to the provisions of NRS 555.2605 to 555.460, inclusive, and 586.010 to 586.450, inclusive.

      (e) Laboratory fees collected for the analysis and testing of commercial fertilizers and agricultural minerals, as authorized by NRS 561.305, and as are necessary pursuant to the provisions of NRS 588.010 to 588.350, inclusive.

      (f) Laboratory fees collected for the analysis and testing of petroleum products, as authorized by NRS 561.305, and as are necessary pursuant to the provisions of NRS 590.010 to 590.150, inclusive.

      (g) Laboratory fees collected for the analysis and testing of antifreeze, as authorized by NRS 561.305, and as are necessary pursuant to the provisions of NRS 590.340 to 590.450, inclusive.

      3.  Expenditures from the agriculture registration and enforcement account [must] may be made only for the purposes of carrying out the provisions of chapters 586, 588 and 590 of NRS, NRS 555.2605 to 555.460, inclusive, and the provisions of this chapter.

      Sec. 781.  NRS 561.405 is hereby amended to read as follows:

      561.405  The rural rehabilitation trust fund is hereby created in the state treasury for the use of the [department] division in carrying out the provisions of NRS 561.425 to 561.465, inclusive.

      Sec. 782.  NRS 561.409 is hereby amended to read as follows:

      561.409  1.  The alfalfa seed research and promotion account is hereby created in the state general fund. The proceeds of the special assessment levied pursuant to NRS 587.155 must be credited to the alfalfa seed research and promotion account and all refunds made pursuant to NRS 587.155 must be paid from the alfalfa seed research and promotion account.

      2.  Expenditures from the alfalfa seed research and promotion account may be made only for:

      (a) Alfalfa seed research and marketing promotion programs;

      (b) Administrative, per diem and travel expenses of the alfalfa seed advisory board; and

      (c) Reimbursement to the [department] division for administrative expenses of the [department,] division, not to exceed 5 percent of the assessments collected.

      Sec. 783.  NRS 561.415 is hereby amended to read as follows:

      561.415  1.  Money to carry out the provisions of this chapter and to support the [department, its various divisions,] division and the various programs administered by [the department,] it, may be provided by direct legislative appropriation from the general fund.

      2.  All money in any fund in the state treasury available to the [department] division must be paid out on claims approved by the [executive director] administrator as other claims against the state are paid.

      3.  All money in the revolving account for agriculture working capital must be paid out by checks signed by the [executive director] administrator and by a deputy, or by two deputies designated by him for the purpose.

      Sec. 784.  NRS 561.421 is hereby amended to read as follows:

      561.421  Any field agent, inspector, or other officer or employee of the [department,] division, who collects currency in payment of any taxes, assessments, proceeds of sale, fees or other charges imposed pursuant to this Title in an area of the state so remote that the currency can only be transmitted to the [department] division by mail, may mail a check in lieu of the amount collected in currency.


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assessments, proceeds of sale, fees or other charges imposed pursuant to this Title in an area of the state so remote that the currency can only be transmitted to the [department] division by mail, may mail a check in lieu of the amount collected in currency.

      Sec. 785.  NRS 561.425 is hereby amended to read as follows:

      561.425  The [department] division is designated and empowered to act as the agency of and in behalf of and for the State of Nevada to make application to and to receive from the Secretary of Agriculture of the United States, or any other federal official properly authorized by the Federal Government and pursuant and subject to the provisions of that certain Act of Congress, approved May 3, 1950, entitled “An Act to provide for the liquidation of the trust under the transfer agreements with the state rural rehabilitation corporations, and for other purposes,” being c. 152, 64 Stat. 98, 40 U.S.C. §§ 440 to 444, inclusive, the trust assets, either funds or property, held by the United States as trustee for and in behalf of the defunct Nevada rural rehabilitation corporation.

      Sec. 786.  NRS 561.435 is hereby amended to read as follows:

      561.435  The [department] division may:

      1.  Enter into agreements with the Secretary of Agriculture of the United States pursuant to section 2(f) of c. 152, 64 Stat. 98, 40 U.S.C. § 440(f), upon such terms and conditions and for such periods of time as may be mutually agreeable, authorizing the Secretary of Agriculture of the United States to accept, administer, expend and use in the State of Nevada all or any part of such trust assets or any other [funds] money of the State of Nevada which may be appropriated for such uses for carrying out the purposes of the applicable provisions of the Bankhead-Jones Farm Tenant Act, being 7 U.S.C. §§ 1000 to 1031, inclusive, as the same is now or hereafter may be amended.

      2.  Do any and all things necessary to effectuate and carry out the purposes of such agreements.

      Sec. 787.  NRS 561.445 is hereby amended to read as follows:

      561.445  1.  Notwithstanding any other provisions of law, [funds] money and the proceeds of the trust assets which are not authorized to be administered by the Secretary of Agriculture of the United States under the provisions of NRS 561.435 [shall] must be received by the [department] division and by it forthwith deposited with the state treasurer.

      2.  Such [fund] money is hereby appropriated and may be expended or obligated by the [department] division for the purposes of NRS 561.435 or for use by the [department] division for such of the rural rehabilitation purposes permissible under the charter of the now defunct Nevada rural rehabilitation corporation as may from time to time be agreed upon by the [department] division and the Secretary of Agriculture of the United States, subject to the applicable provisions of c. 152, 64 Stat. 98, 40 U.S.C. §§ 440 to 444, inclusive, and the applicable provisions of the Bankhead-Jones Farm Tenant Act.

      Sec. 788.  NRS 561.455 is hereby amended to read as follows:

      561.455  1.  The [department] division may:

      (a) Collect, compromise, adjust or cancel claims and obligations arising out of or administered under NRS 561.425 to 561.465, inclusive, or under any mortgage, lease, contract or agreement entered into or administered pursuant to NRS 561.425 to 561.465, inclusive, and, if in its judgment necessary and advisable, pursue the same to final collection in any court having jurisdiction.


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any mortgage, lease, contract or agreement entered into or administered pursuant to NRS 561.425 to 561.465, inclusive, and, if in its judgment necessary and advisable, pursue the same to final collection in any court having jurisdiction.

      (b) Bid for and purchase at any execution, foreclosure or other sale, or otherwise acquire property upon which the [department] division has a lien by reason of a judgment or execution, or which is pledged, mortgaged, conveyed or which otherwise secures any loan or other indebtedness owing to or acquired by the [department] division pursuant to NRS 561.425 to 561.465, inclusive.

      (c) Accept title to any property so purchased or acquired for and in behalf of the state and may operate or lease such property for such period as may be deemed necessary to protect the investment therein, and may sell or otherwise dispose of such property in a manner consistent with the provisions of NRS 561.425 to 561.465, inclusive.

      2.  The authority herein contained may be delegated to the Secretary of Agriculture of the United States with respect to [funds] money or assets authorized to be administered and used by him under agreements entered into pursuant to NRS 561.435.

      Sec. 789.  NRS 561.465 is hereby amended to read as follows:

      561.465  The United States, and the Secretary of Agriculture thereof, [shall] must be held free from liability by virtue of the transfer of the assets to the [department] division pursuant to NRS 561.425 to 561.465, inclusive.

      Sec. 790.  NRS 563.181 is hereby amended to read as follows:

      563.181  1.  The council shall meet at least four times per year and at the request of the chairman or a majority of the members.

      2.  The council shall operate on the basis of a fiscal year beginning July 1 and ending June 30.

      3.  The council shall furnish an annual report of its activities, expenditures and other financial information to the governor and to the [executive director] administrator of the [state department of agriculture.] division of agriculture of the department of business and industry.

      Sec. 791.  NRS 563.221 is hereby amended to read as follows:

      563.221  1.  The [executive director] administrator of the [state department of agriculture] division of agriculture of the department of business and industry shall deposit the money of the council with the state treasurer for credit to the account for the promotion of beef.

      2.  The state treasurer shall disburse the money of the council on the order of the council.

      3.  Claims against the account for the promotion of beef must be paid as other claims against the state are paid.

      Sec. 792.  NRS 564.010 is hereby amended to read as follows:

      564.010  As used in this chapter:

      1.  “Administrator” means the administrator of the division.

      2.  “Animals” means:

      (a) All cattle or animals of the bovine species.

      (b) All horses, mules, burros and asses or animals of the equine species.

      (c) All swine or animals of the porcine species.

      (d) All sheep and goats.


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      [2.  “Department” means the state department of agriculture.

      3.  “Executive director” means the executive director of the state department of agriculture.]

      3.  “Division” means the division of agriculture of the department of business and industry.

      Sec. 793.  NRS 564.025 is hereby amended to read as follows:

      564.025  1.  As used in this section, “open range” means all unenclosed lands outside of cities and towns upon which animals by custom, license, lease or permit are grazed or permitted to roam.

      2.  Except as provided in subsection 3, every owner of animals in this state, who permits his animals to graze upon the open range, shall design, adopt and record a brand or brands, or brand and mark, or brands and marks, and shall brand or brand and mark his animals as provided in NRS 564.010 to 564.150, inclusive.

      3.  Every owner of animals who brings such animals from another state into this state, which animals have a recorded or registered brand of such other state, and who permits such animals to graze upon the open range shall make application to the [department] division for temporary use of such brand. The application must state the duration of time such animals will remain in this state. The [department] division may grant a temporary use of such brand for a designated period of time, which may not exceed the duration of time stated in the application, or require a new brand or brand and mark as required by this section.

      4.  This section does not apply to animals less than 6 months of age.

      Sec. 794.  NRS 564.030 is hereby amended to read as follows:

      564.030  The [executive director] administrator is empowered and authorized to carry out the terms and provisions of NRS 564.010 to 564.150, inclusive, and, for that purpose, to make such rules and regulations not inconsistent therewith, and to appoint such agents, under his direction, as he deems necessary therefor. All expense in connection therewith must be paid from the livestock inspection account, except as provided in NRS 564.010 to 564.150, inclusive.

      Sec. 795.  NRS 564.040 is hereby amended to read as follows:

      564.040  1.  Any owner of animals in this state desiring to adopt and use thereupon any brand, or brand and mark, or marks, as provided for in NRS 564.010 to 564.150, inclusive, shall, before doing so, forward to the [department] division an application, on a form approved and provided by the [department] division for that purpose, for the recording of such brand, or brand and mark or marks, and receive a certificate of recordation as provided in NRS 564.010 to 564.150, inclusive.

      2.  The application [shall:] must:

      (a) Include a drawing, exact except as to size, of the brand, together with any earmarks or other marks desired or intended to be used therewith, and the location upon the animal or animals concerned where such brand and earmarks or other marks are desired or intended to be used;

      (b) Include a statement of the kinds of animals upon which the brand or brand and mark or marks is or are to be used;

      (c) Include a statement of the approximate boundaries of that part of the state within which it is intended to use the same; and


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      (d) Include the full name and address of the applicant.

      3.  For the purpose of NRS 564.010 to 564.150, inclusive, the post office address included in the application [shall] must be considered the legal address of the applicant until the [department shall receive from such] division receives from the applicant, in writing, a notice of change of the same, the latest address of record with the [department] division remaining the legal address.

      Sec. 796.  NRS 564.050 is hereby amended to read as follows:

      564.050  1.  Only one brand [shall] may be awarded or recorded for each owner of animals [; but] , except that the owner or owners of separate and distinct livestock units may, under the terms of NRS 564.010 to 564.150, inclusive, and within the discretion of the [department,] division, record one brand for use in connection with and for each such distinct and separate livestock unit.

      2.  No brand [shall] may be recorded or used which is identical with or, in the opinion of the [department,] division, so similar to any brand previously recorded and remaining of legal record, or any abandoned brand which has not been abandoned for 1 year, as provided in NRS 564.120, as to be liable to cause confusion as to the identity or ownership of animals, or which can be readily used to obliterate or alter any legally recorded brand already in use in the same area in this state.

      3.  Nothing in this section [shall apply] applies to the rerecording of any brand or brands legally recorded on July 1, 1961, and remaining of legal record in this state under the provisions of NRS 564.010 to 564.150, inclusive, insofar as the legal owners of such brand or brands on July 1, 1961, are concerned, until July 1, 1976, or to brands legally transferred as provided for in NRS 564.110.

      4.  After July 1, 1959, no earmark [shall] may be recorded which violates the provisions of subsection 3 of NRS 564.020.

      Sec. 797.  NRS 564.060 is hereby amended to read as follows:

      564.060  1.  Upon receipt of an application, as set forth in NRS 564.040, the [department] division shall cause the records of previously recorded brands, remaining of legal record, or not abandoned for more than 1 year as provided in NRS 564.120, to be searched and, if the brand applied for is recordable under the provisions of NRS 564.050, award the brand set forth in the application to the applicant and proceed to record the same, together with the mark or marks.

      2.  In the case of any brand awarded after July 1, 1945, the recording certificate issued by the [department shall] division must define the area within this state where the same may be used, and the position or positions, on the animal or animals concerned, where it may be applied, and the use of the brand outside of such area, or its application to other positions, without the written approval of the [department shall be] division is unlawful.

      3.  No brand applied for [shall] may be awarded or recorded until after the lapse of 2 legal business days subsequent to the receipt of the application for the same at the established office of the [department.] division.

      4.  In all cases where, under the terms of NRS 564.010 to 564.150, inclusive, the brand or brands and mark or marks applied for cannot legally be awarded by the [department] division to the applicant, the applicant [shall] must promptly be so notified by the [department.]


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be awarded by the [department] division to the applicant, the applicant [shall] must promptly be so notified by the [department.] division.

      5.  Applications for the awarding and recording of brands or brands and marks [shall] must take precedence in the chronological order of their receipt at the established office of the [department.] division.

      6.  The [department] division may, in its discretion, refuse to award or record a brand known to be in use at the time in this state, or in an abutting county of an adjoining state, by a person or persons other than the applicant therefor.

      Sec. 798.  NRS 564.070 is hereby amended to read as follows:

      564.070  1.  Upon the awarding of a brand or brands as provided in NRS 564.010 to 564.150, inclusive, the [department] division shall immediately proceed to record the same.

      2.  Such recording [shall] must consist of the transcribing upon a suitable and permanent record, which [shall be] is a public record and prima facie evidence of the facts contained therein, designed and approved by the [department] division for that purpose, of:

      (a) A facsimile, except as to scale, of the brand or brand and mark or marks awarded.

      (b) The location upon the animal or animals concerned of the brand or brand and mark or marks as awarded.

      (c) The date of application.

      (d) The date of award.

      (e) The district within which the brand or brands and mark or marks is or are intended to be used.

      (f) The kind of animals upon which it is or they are intended to be used.

      3.  The [department] division shall promptly cause to be prepared and sent to the person to whom the award is made a certificate containing the same entries as those set forth upon the permanent record of the [department] division described in subsection 2 and certified to by the [department] division or its duly authorized agent. Such a certificate [shall have] has the legal status of similar certificates as set forth in NRS 564.090.

      Sec. 799.  NRS 564.080 is hereby amended to read as follows:

      564.080  Except as otherwise provided in NRS 564.010 to 564.150, inclusive, the [department] division may, in its discretion, establish fair and reasonable charges deemed justified by the [department] division and collect the same for:

      1.  The recording of brands or brands and marks;

      2.  The rerecording of the same;

      3.  The recording of instruments transferring ownership of brands or brands and marks; or

      4.  Certificates of recordation or rerecordation of brands or brands and marks.

      Sec. 800.  NRS 564.090 is hereby amended to read as follows:

      564.090  All certificates of recordation of brands or brands and marks furnished by the [department] division under the provisions of NRS 564.010 to 564.150, inclusive, [shall be] are prima facie evidence of the ownership of all animals of the kind or kinds and bearing the brand or brands and mark or marks specified and as set forth therein, and such certificates [shall] must be taken as evidence of such ownership in all suits of law or in equity, or in any criminal proceedings, when the title to animals in this state is involved or proper to be proved.


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taken as evidence of such ownership in all suits of law or in equity, or in any criminal proceedings, when the title to animals in this state is involved or proper to be proved.

      Sec. 801.  NRS 564.110 is hereby amended to read as follows:

      564.110  1.  Any brand or brand and mark or marks, awarded and recorded and remaining of record in accordance with the terms of NRS 564.010 to 564.150, inclusive, including those transferred legally as provided in this section, [shall be] are the property of the person or persons to whom they stand of record as provided in NRS 564.010 to 564.150, inclusive, and [shall be] are subject to sale, assignment, transfer, security agreement or lien, devise and descent the same as other personal property.

      2.  Instruments of writing evidencing such sale, assignment, transfer, security agreement, lien, devise or descent [shall] must be in that form, as to text, signatures, witnesses, acknowledgments or certifications, required by statutes, in the case of the kind of instrument concerned , [;] but the [department] division may secure such competent legal advice or rulings, and require such supporting evidence as it deems necessary, as to such instruments of writing, being in fact, authentic and in due legal form, before approving and recording the same, as provided in NRS 564.010 to 564.150, inclusive.

      3.  Instruments in writing evidencing the transfer of ownership of any brand or brand and mark or marks [shall,] must, after approval, be recorded in the office of the [department] division in a book to be provided for that purpose, and [shall not be] are not legally binding until so approved by the [department] division and recorded.

      4.  Recording of such instruments [shall have] has the same force and effect as to third parties as the recording of instruments affecting the sale, assignment, transfer, devise or descent of other personal property. The original, or a certified copy of any such instrument, may be introduced in evidence the same as is provided for similar instruments affecting personal property, and the record of such instrument or instruments of transfer, or the transcript thereof certified by the custodian of such record, may be read in evidence without further proof.

      5.  Whenever any brand or brand and mark or marks of record, in accordance with the terms of NRS 564.010 to 564.150, inclusive, becomes the subject of, or is included in, any security agreement, provisional assignment or legal lien, the secured party, provisional assignee or lien holder may notify the [department] division in writing as to the existence and conditions of such security agreement, provisional assignment or lien. After the receipt of such written notice the [department] division shall not transfer such brand or brand and mark or marks, other than to such secured party, provisional assignee or lien holder until there is filed with the [department] division satisfactory legal evidence that such security agreement, provisional assignment or lien has been legally satisfied and removed.

      6.  No transfer or change, or partial, joint or complete ownership , of any brand [,] under the provisions of this section [, shall be construed to grant or recognize] :

      (a) Grants or recognizes any change in the method or area of its use [,] from that authorized [for the same] at the time of recording, or subsequent thereto but [prior to such] before the transfer or change of ownership [, nor shall it waive or modify] ; or

 


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thereto but [prior to such] before the transfer or change of ownership [, nor shall it waive or modify] ; or

      (b) Waives or modifies the rerecording requirements set forth in NRS 564.120.

      Sec. 802.  NRS 564.120 is hereby amended to read as follows:

      564.120  1.  Any owner of a brand or brand and mark or marks of record under the provisions of NRS 564.010 to 564.150, inclusive, including brands or marks transferred under the terms of NRS 564.110, desiring legally to continue the use of the same beyond the prescribed dates shall, within 60 days prior to January 1, 1976, and at the end of each 4-year period thereafter, make application to the [department] division for the rerecording of the same.

      2.  The application [shall] must be made in writing and accompanied by any rerecording fee set by the [department] division in accord with the provisions of NRS 564.080.

      3.  The [department] division shall notify every owner of a brand or brand and mark or marks of legal record in its office, including owners of brands and marks transferred under the provisions of NRS 564.110, at least 60 days prior to January 1, 1976, and January 1 at the end of each 4-year period thereafter, of his right to rerecord the same as provided in this section. The notice [shall] must be in writing and [shall] must be sent by mail to each such owner at his last address of record in the office of the [department. Such notice shall be] division. The notice is complete at the expiration of 60 days from the date of its mailing by the [department.] division.

      4.  The [department] division may also advertise the approach of any rerecording period in such manner and at such times at it deems advisable.

      5.  Any or all brands or brands and marks for the rerecording of which the owners have not applied as provided for in this section by January 1, 1976, or by January 1 of any 4-year period succeeding that date, including all brands and marks of record as transferred as provided in NRS 564.110, shall be deemed abandoned and no longer of legal record as provided for by NRS 564.010 to 564.150, inclusive. Brands or brands and marks thus abandoned [shall] may not be awarded or recorded by the [department] division to persons other than those abandoning the same until 1 year has elapsed from the date of such abandonment and the awarding and recording of abandoned brands or brands and marks to any person [shall] must be in accord with the terms of NRS 564.010 to 564.150, inclusive.

      6.  The [department] division shall furnish the legal owners of any brand or brand and mark or marks rerecorded under the provisions of this section with a certificate setting forth the fact of such rerecordation.

      7.  No new brands may be recorded during the 60 days of a rerecording period unless in the opinion of the [executive director] administrator undue hardship would be caused the applicant.

      Sec. 803.  NRS 564.130 is hereby amended to read as follows:

      564.130  1.  The [department is authorized and empowered at its discretion to] division may compile and issue books, and supplements thereto, containing transcripts of part or all of its records of brands and marks, so arranged and indexed as to be suitable for use in identifying any brands or marks which may be found in this state on any animals, or the hides thereof, and used in compliance with the terms of NRS 564.010 to 564.150, inclusive.


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      2.  Copies of the same [shall be] must be made available to any person at a charge to be fixed by the [department, but such charge shall] division, but the charge must not be less than the cost of compilation, publication and issuance.

      3.  Copies of such brand books or supplements may be furnished by the [department,] division, without charge, to any public official or other person whose possession of such book or supplements will, in the opinion of the [department,] division, serve to promote the general welfare.

      Sec. 804.  NRS 564.140 is hereby amended to read as follows:

      564.140  1.  It [shall be] is unlawful for the owner or owners of any legally recorded brand, recorded under the provisions of NRS 564.010 to 564.150, inclusive, to use the [same] brand on any position or positions, on any animal or animals, or in any area or areas, other than those authorized in writing at the time [such] the brand was recorded, or subsequent thereto, by the [department. The department] division. The division may, on the written application of the owner or owners of any legally recorded brand, authorize in writing a change of position, or new positions for the application of the [same,] brand, or change or enlarge the area in which it may be used, if in the opinion of the [department such] division the change or changes in position or area of use will not jeopardize or injure the rights or property of the owner or owners of any other brand remaining of legal record.

      2.  Any application for a change in position, or new positions, or changes in the area of use as provided in subsection 1 [shall] must set forth a valid and sufficient reason or reasons for the same, and the [department] division may require such supporting evidence for the same as it deems necessary to establish the facts.

      3.  It is unlawful for any person to obliterate, disfigure, extend, deface or remove from any animal a brand that is recorded pursuant to the provisions of NRS 564.010 to 564.150, inclusive.

      Sec. 805.  NRS 565.010 is hereby amended to read as follows:

      565.010  As used in this chapter, unless the context requires otherwise:

      1.  “Administrator” means the administrator of the division.

      2.  “Animals” means:

      (a) All cattle or animals of the bovine species except dairy breed calves under the age of 1 month.

      (b) All horses, mules, burros and asses or animals of the equine species.

      (c) All swine or animals of the porcine species.

      [2.]3.  “Brand inspection” means a careful examination of each animal offered for such inspection and an examination of any brands, marks or other characteristics thereon.

      [3.  “Department” means the state department of agriculture.

      4.  “Executive director” means the executive director of the state department of agriculture.]

      4.  “Division” means the division of agriculture of the department of business and industry.

      Sec. 806.  NRS 565.030 is hereby amended to read as follows:

      565.030  The [department] division is designated as the authority to administer , [this chapter] and carry out and enforce the provisions of [the same] , this chapter and any rules and regulations issued thereunder.


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      Sec. 807.  NRS 565.040 is hereby amended to read as follows:

      565.040  1.  The [executive director] administrator may declare any part of this state a brand inspection district.

      2.  After the creation of any brand inspection district as authorized by this chapter all animals within any such district are subject to brand inspection in accord with the terms of this chapter before:

      (a) Consignment for slaughter within any district;

      (b) Any transfer of ownership by sale or otherwise; or

      (c) Removal from the district if the removal is not authorized pursuant to a livestock movement permit issued by the [department.] division.

      3.  Whenever a brand inspection district is created by the [department] division pursuant to the provisions of this chapter, the [executive director] administrator shall adopt and issue regulations defining the boundaries of the district, the fees to be collected for brand inspection, and prescribing such other rules or methods of procedure not inconsistent with the provisions of this chapter as he deems wise.

      4.  Any regulations issued pursuant to the provisions of this section must be published at least twice in some newspaper having a general circulation in the brand inspection district created by the regulations, and copies of the regulations must be mailed to all common carriers of record with the public service commission of Nevada operating in the brand inspection district, which publication and notification constitutes legal notice of the creation of the brand inspection district. The expense of advertising and notification must be paid from the livestock inspection account.

      Sec. 808.  NRS 565.070 is hereby amended to read as follows:

      565.070  The [department] division is authorized to levy and collect a reasonably compensatory fee or fees for brand inspection as required under the provisions of this chapter. Any fee or fees so levied [shall] must be collected in the manner prescribed by the [executive director.] administrator.

      Sec. 809.  NRS 565.075 is hereby amended to read as follows:

      565.075  The [department] division may collect the assessment required pursuant to 7 U.S.C. § 2904 and shall deposit the money collected with the state treasurer for credit to the account for the promotion of beef.

      Sec. 810.  NRS 565.090 is hereby amended to read as follows:

      565.090  1.  It is unlawful for any person to drive or otherwise remove [,] any animals out of a brand inspection district created under the provisions of this chapter [,] until the animals have been inspected and a brand inspection clearance certificate is issued by the [department] division or a written permit from the [department] division has been issued authorizing the movement without brand inspection.

      2.  Any person contemplating the driving or movement of any animals out of a brand inspection district shall notify the [department] division or an inspector thereof of this intention, stating:

      (a) The place at which it is proposed to cross the border of the brand inspection district with the animals.

      (b) The number and kind of the animals.

      (c) The owner of the animals.

      (d) The brands and marks of the animals claimed by each owner and, if they are other than the brands and marks legally recorded in the name of the owner, information as to what the claim to ownership or legal possession is based upon.


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owner, information as to what the claim to ownership or legal possession is based upon.

      (e) The date of the proposed movement across the border of the brand inspection district and the destination of the movement.

      (f) A statement as to where the animals will be held for brand inspection.

      3.  This section does not apply to animals whose accustomed range is on both sides of the boundary of any brand inspection district but contiguous to that district and which are being moved from one portion of the accustomed range to another merely for pasturing and grazing thereon.

      4.  All the provisions of this section apply at all times to the movement of any animals across the Nevada state line to any point outside of the State of Nevada, excepting animals whose accustomed range is on both sides of the Nevada state line but contiguous thereto and which are being moved from one portion to another of the accustomed range merely for pasturing and grazing thereon.

      5.  In addition to the penalty imposed in NRS 565.170, a person who violates subsection 1 is:

      (a) For the first violation, subject to an immediate brand inspection of the animals by the [department] division and shall reimburse the [department] division for its time and mileage and pay the usual fees for the brand inspection.

      (b) For the second and any subsequent violation, ineligible for a permit to move any livestock without brand inspection until the state board of agriculture is satisfied that any future movement will comply with all applicable statutes and regulations.

      Sec. 811.  NRS 565.100 is hereby amended to read as follows:

      565.100  It [shall be] is unlawful for any person to consign for slaughter, or slaughter at an approved plant, or transfer ownership of any animals by sale or otherwise within any brand inspection district created under the provisions of this chapter, until such animals have been inspected by an inspector of the [department] division and a brand inspection clearance certificate issued covering the same.

      Sec. 812.  NRS 565.110 is hereby amended to read as follows:

      565.110  1.  Any person or persons intending to move, drive, ship or transport by common carrier, or otherwise, any animals out of any brand inspection district created under the provisions of this chapter shall assemble and hold the same at some convenient and adequate place for such brand inspection as may be required until [such animals shall] the animals have been inspected and released as provided for in this chapter.

      2.  The provisions of this section [shall] do not apply to any animals for the movement of which out of such brand inspection district without brand inspection a permit has been issued by the [department] division or an inspector thereof in accordance with the provisions of NRS 565.090.

      Sec. 813.  NRS 565.120 is hereby amended to read as follows:

      565.120  1.  Upon the completion of brand inspection the inspector of the [department] division shall, except as otherwise provided in this chapter, issue a brand inspection clearance certificate on which [shall] must be entered:


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      (a) The name and address of the person or persons claiming to own the animals.

      (b) The proposed destination of the animals.

      (c) The name and address of the consignee.

      (d) A full description of all the animals inspected, including the number, kind, sex, age, color and the brands or brands and marks thereon.

      (e) The amount of the inspection fee or fees collected.

      (f) The signature of the owner or his authorized agent.

      2.  One copy of the brand inspection certificate [shall] must be delivered to the common carrier undertaking to transport such animals out of the brand inspection district for attachment to its waybill, or to the person or persons intending to drive, move or otherwise transport such animals out of the brand inspection district other than by common carrier to accompany the animals to destination, and one copy [shall] must be immediately forwarded to the office of the [department.] division.

      Sec. 814.  NRS 565.130 is hereby amended to read as follows:

      565.130  1.  The [department] division or its duly authorized inspector shall refuse to issue brand inspection clearance certificates or permits to remove animals from a brand inspection district without brand inspection as provided in this chapter, subject to brand inspection under the provisions of this chapter, not bearing brands or brands and marks of legal record in the name of the person or persons claiming lawful possession of and applying for inspection of such animals, until satisfactory evidence of such right to legal possession of the same and shipment or removal from such brand inspection district [shall have] has been supplied the [department] division or its duly authorized inspector.

      2.  The [department] division and its duly authorized inspector shall also use all due vigilance to prevent the unlawful removal by any person or persons of any animals from any brand inspection district or districts created under the provisions of this chapter.

      Sec. 815.  NRS 565.155 is hereby amended to read as follows:

      565.155  1.  In carrying out the provisions of this chapter, any inspector of the [department] division has the power of a peace officer to make investigations and arrests and to execute warrants of search and seizure.

      2.  The [department] division may:

      (a) Authorize other peace officers to enforce the provisions of this chapter; and

      (b) Adopt regulations specifying the procedures for the enforcement of the provisions of this chapter by the inspectors of the [department] division and other peace officers.

      3.  This section does not authorize any inspector to retire under the public employees’ retirement system before having attained the minimum service age of 60 years.

      Sec. 816.  NRS 565.160 is hereby amended to read as follows:

      565.160  Nothing in this chapter [shall be construed to affect, nor shall it affect,] affects the right of the [department] division conferred by any other law or laws to inspect any animals for the determination of the ownership thereof, or for any other purpose under the provisions of any such other law or laws.


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      Sec. 817.  NRS 566.015 is hereby amended to read as follows:

      566.015  As used in this chapter, [“department”] “division” means the [state department of agriculture.] division of agriculture of the department of business and industry.

      Sec. 818.  NRS 566.025 is hereby amended to read as follows:

      566.025  It [shall be] is unlawful for any person to have in his possession all or part of the carcass of any bovine animal unless:

      1.  Such animal was slaughtered at a slaughtering establishment under a United States Government, state, county or municipal inspection system which provides for adequate stamping for identification of all carcasses or parts of carcasses before release; or

      2.  Such person exhibits to any peace officer authorized by the [department] division under NRS 566.035, or to any inspector of the [department,] division, on demand, either:

      (a) The hide of the animal from which the carcass was obtained, with ears and brands attached without disfiguration or alteration;

      (b) A certificate of inspection or release of the carcass, or of the carcass and hide, issued by an inspector of the [department;] division; or

      (c) A bill of sale, memorandum of sale or other document, signed by the seller or donor of the meat, showing the name and address of the seller or donor.

      Sec. 819.  NRS 566.027 is hereby amended to read as follows:

      566.027  Any person who slaughters any cattle, unless such animal was slaughtered at a slaughtering establishment under a United States Government, state, county or municipal inspection system which provides for adequate stamping for identification of all carcasses or parts of carcasses before release, shall retain in his possession the hide or hides removed from such cattle with the ears and brands attached without disfiguration or alteration, for a period of 30 days, unless such hide or hides are released pursuant to a certificate of release issued by an inspector of the [department.] division. Such person shall, upon demand within such period by any inspector of the [department] division or any game warden or peace officer of this state, exhibit the hide or hides of any cattle so slaughtered or the certificate of release.

      Sec. 820.  NRS 566.035 is hereby amended to read as follows:

      566.035  1.  In addition to regular [department] division inspectors, the [department] division may authorize and direct any duly elected or appointed peace officer to conduct the inspection provided for in this chapter.

      2.  Such peace officer shall conduct the inspection under the supervision of the [department.] division.

      Sec. 821.  NRS 567.020 is hereby amended to read as follows:

      567.020  For the purpose of cooperating with the United States Department of Agriculture for the control of predatory animals, crop-destroying birds and rodents within the State of Nevada, with money as may be made available to it by contributions either by private or public agencies, or otherwise, there is hereby created within the department of business and industry the state predatory animal and rodent committee.

      Sec. 822.  NRS 567.100 is hereby amended to read as follows:

      567.100  As used in NRS 567.100 to 567.170, inclusive:


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      1.  “Board” means the state board of sheep commissioners.

      2.  “Committee” means the committee to control predatory animals [.] of the division of agriculture of the department of business and industry.

      Sec. 823.  NRS 569.005 is hereby amended to read as follows:

      569.005  As used in NRS 569.010 to 569.130, inclusive, unless the context requires otherwise:

      1.  [“Department” means the state department of agriculture.] “Division” means the division of agriculture of the department of business and industry.

      2.  “Estray” means any livestock running at large upon public or private lands in the State of Nevada, whose owner is unknown in the section where such animal is found.

      3.  “Livestock” means:

      (a) All cattle or animals of the bovine species;

      (b) All horses, mules, burros and asses or animals of the equine species;

      (c) All swine or animals of the porcine species;

      (d) All goats or animals of the caprine species; and

      (e) All poultry or domesticated fowl or birds.

      Sec. 824.  NRS 569.010 is hereby amended to read as follows:

      569.010  1.  Except as otherwise provided by law, all estrays within this state shall be deemed for the purpose of this section to be the property of the [department.] division.

      2.  The [department] division has all rights accruing pursuant to the laws of this state to owners of such animals, and may dispose of any such animals by sale through an agent appointed by the [department.] division.

      3.  Except as otherwise provided by law, all money collected for the sale or for the injury or killing of any such animals must be held for 1 year, subject to the claim of any person who can establish legal title to any animal concerned. All money remaining unclaimed must be deposited in the livestock inspection account after 1 year. The [department] division may disallow all claims if the [department] division deems the claims illegal or not showing satisfactory evidence of title.

      4.  The [department] division is not liable for any trespass or other damage caused by any of such estrays.

      Sec. 825.  NRS 569.020 is hereby amended to read as follows:

      569.020  1.  Any county, city, town, township or other peace officer or poundmaster who impounds under the provisions of any state law or county or municipal ordinance any livestock shall, immediately after impounding such livestock, send a written notice to the [department.] division.

      2.  The notice [shall] must contain a full description, including all brands and marks, sex, age, weight, color and kind of each animal so impounded.

      3.  If the owner or owners of such livestock are not known and in case of the sale of such impounded livestock as prescribed by law, all notices posted or advertisements published by any officer or other person having charge of [such sale shall] the sale include a complete description of each such animal to be sold, including all brands and marks, sex, age, weight, color and kind.

      Sec. 826.  NRS 569.040 is hereby amended to read as follows:

      569.040  It is unlawful for any person or his employee or agents, other than an authorized agent of the [department,] division, to take up any estray and retain possession of it except as provided in NRS 569.040 to 569.130, inclusive.


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ê1993 Statutes of Nevada, Page 1745 (Chapter 466, AB 782)ê

 

and retain possession of it except as provided in NRS 569.040 to 569.130, inclusive.

      Sec. 827.  NRS 569.050 is hereby amended to read as follows:

      569.050  When any person takes up an estray, he shall, within 5 days thereafter, make out a written description of such animal, setting forth all marks or brands appearing upon such animal, and other marks of identity, such as color, age and sex, and forward the same by mail to the [department] division at its office.

      Sec. 828.  NRS 569.060 is hereby amended to read as follows:

      569.060  1.  Upon receiving notice of the taking up of an estray the [department,] division, or its duly authorized agent, shall make or cause to be made an examination of the state brand records.

      2.  If from the records the name of the owner or probable owner can be determined, the [department,] division, or its duly authorized agent, shall forthwith notify him of the taking up of the estray or estrays.

      3.  Upon the owner’s proving to the satisfaction of the [department] division that the estray animal or animals are lawfully his, the [department] division shall issue to him an order to receive them upon the payment of any damages allowed by law and such charges as may be approved by the [department] division as reasonable which may have been incurred in the care of the animal or animals so taken up.

      4.  Upon receipt of a notice of the taking up of an estray, the [department,] division, or its duly authorized agent, may require a closer examination of the brands and marks, as set forth in the notice, and may require a state inspector to examine the brands before advertising.

      Sec. 829.  NRS 569.070 is hereby amended to read as follows:

      569.070  1.  Where the owner or probable owner of estrays cannot with reasonable diligence be determined by the [department] division or its duly authorized agent, the [department] division shall advertise them or cause them to be advertised.

      2.  A notice of the estray or estrays, with a full description, giving brands, marks and colors thereon, [shall] must be published in a newspaper published at the county seat of the county in which the estray or estrays [was or] were taken up. If there is no newspaper published at the county seat of such county, then the notice [shall] must be published in the newspaper published at the nearest point to such county.

      3.  Expenses incurred in carrying out the provisions of this section [shall] must be deducted from the proceeds of the sale of the estrays advertised.

      Sec. 830.  NRS 569.080 is hereby amended to read as follows:

      569.080  1.  If an estray animal is not claimed within 10 days after the last publication of the advertisement as provided for in NRS 569.070, it [shall] must be sold by the [department.] division.

      2.  The [department] division shall give a bill of sale to the purchaser.

      Sec. 831.  NRS 569.090 is hereby amended to read as follows:

      569.090  1.  The [department] division shall pay the reasonable expenses incurred in taking up, holding, advertising and selling the estray and any damages for trespass allowed pursuant to NRS 569.440, and shall place the balance in a savings account in a bank qualified to receive deposits of public money. Any interest and the proceeds from the sale of an estray which are not claimed pursuant to subsection 3 within 1 year after the sale, must be deposited in the state treasury for credit to the livestock inspection account.


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ê1993 Statutes of Nevada, Page 1746 (Chapter 466, AB 782)ê

 

claimed pursuant to subsection 3 within 1 year after the sale, must be deposited in the state treasury for credit to the livestock inspection account.

      2.  The [department] division shall make a complete record of all such transactions, including the marks and brands and other means of identification of an estray, which record must be open to the inspection of the public.

      3.  If the lawful owner of any estray sold as provided in this section is found within 1 year after the sale, the net amount received from the disposal of such estray must be paid to the owner if he proves ownership to the satisfaction of the [department.] division.

      4.  If any claim pending after the expiration of 1 year after the date of sale is denied, the proceeds must be deposited in the livestock inspection account.

      Sec. 832.  NRS 569.100 is hereby amended to read as follows:

      569.100  1.  [Upon taking up any] A person who takes up an estray as provided for in NRS 569.040 to 569.130, inclusive, [the taker-up shall be] is entitled to hold the [same] estray lawfully until relieved of custody by the [department.

      2.  No person shall be permitted to] division.

      2.  A person shall not use or cause to be used, for profit or otherwise, any [such] estray in his keeping under the provisions of NRS 569.040 to 569.130, inclusive. A violation of this subsection shall be deemed grand larceny or petit larceny, according to the value of [such] the estray.

      3.  Any person taking, lending or driving [any such estrays] an estray away from the possession of the lawful holder, as specified in NRS 569.040 to 569.130, inclusive, except as herein provided for, [shall be] is subject to all the penalties under the law, whether he is the claimant of [such] the estray or not.

      Sec. 833.  NRS 569.120 is hereby amended to read as follows:

      569.120  Estrays may be taken up by duly authorized agents of the [department.] division. Procedure for disposing of such estrays [shall] must follow the provisions of NRS 569.040 to 569.130, inclusive.

      Sec. 834.  NRS 569.471 is hereby amended to read as follows:

      569.471  A developer or a person undertaking an activity described in NRS 569.461, at his own expense, may replace a legal fence with a fence certified by the [executive director of the state department of agriculture] administrator of the division to be equally impervious to livestock, but if he does so, the duty and liability imposed by NRS 569.461 exist and devolve in the same manner.

      Sec. 835.  NRS 571.015 is hereby amended to read as follows:

      571.015  As used in this chapter, unless the context requires otherwise:

      1.  [“Department” means the state department of agriculture.] “Division” means the division of agriculture of the department of business and industry.

      2.  “Importation” means the transportation or movement of livestock by any railroad, express company, truckline or other carrier, or by any persons, by vehicle or otherwise, into this state.

      3.  Livestock” means:

      (a) All cattle or animals of the bovine species.

      (b) All horses, mules, burros and asses or animals of the equine species.

      (c) All swine or animals of the porcine species.

      (d) All goats or animals of the caprine species.


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      (e) All poultry or domesticated fowl or birds.

      (f) All dogs, cats or other animals domesticated or under the restraint or control of man.

      4.  “State quarantine officer” means the [executive director of the state department of agriculture.] administrator of the division.

      Sec. 836.  NRS 571.035 is hereby amended to read as follows:

      571.035  1.  Upon receipt of the reports from the committee for assessing livestock pursuant to NRS 575.180, the [department] division shall fix the amount of the annual special tax on each head of the following specified classes of livestock, and not exceeding the following rates per head for each class:

 

Class                                                                                               Rate per head

 

Stock cattle .........................................................................          $0.28

Dairy cattle .........................................................................              .53

Horses .................................................................................              .75

Mules ..................................................................................              .75

Burros or asses ..................................................................              .75

Hogs and pigs ...................................................................              .07

Goats ...................................................................................              .06

 

      2.  As used in subsection 1:

      (a) “Dairy cattle” are bulls, cows and heifers of the dairy breeds, more than 6 months old.

      (b) “Stock cattle” are:

             (1) Steers of any breed and other weaned calves of the beef breeds, more than 6 months old; and

             (2) Bulls, cows and older heifers of the beef breeds.

      (c) The classes consisting of horses, mules, and burros and asses exclude animals less than 1 year old.

      3.  The [department] division shall send notice of the special tax on each head of the specified classes of livestock to the county assessor or treasurer of each county on or before the first Monday in May of each year.

      4.  Upon the receipt of any such tax and the report thereof by the state controller, the [department] division shall credit the amount of the tax as paid on its records.

      5.  The special taxes paid by an owner of livestock, when transmitted to the state treasurer, must be deposited in the livestock inspection account.

      Sec. 837.  NRS 571.120 is hereby amended to read as follows:

      571.120  1.  The [department] division shall do all things necessary for the control and eradication of infectious, contagious or parasitic diseases of livestock.

      2.  The [director] administrator of the division [of animal industry of the department] shall cooperate with the [director of the department of wildlife] administrator of the division of wildlife of the state department of conservation and natural resources in a program to prevent the spread of communicable diseases in livestock and wildlife in this state.


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      3.  As used in this section, “wildlife” has the meaning ascribed to it in NRS 501.097.

      Sec. 838.  NRS 571.135 is hereby amended to read as follows:

      571.135  1.  The state quarantine officer, with the approval of the state board of agriculture, may adopt such regulations requiring the processing of food waste before it is fed to livestock, fish or other animals as are necessary to prevent the introduction or spread of infectious, contagious or parasitic diseases. The regulations may prescribe a procedure by which permits are issued to those persons desiring to process food waste, minimum standards of sanitation are established and periodic inspections of the processing facilities are made. The state quarantine officer may collect a reasonable annual fee for each permit issued to recover costs incurred by the [department] division in the issuance of permits and the inspection of processing facilities.

      2.  Any regulation adopted pursuant to this section does not apply to a person feeding food waste from his household to livestock, fish or other animals being raised on the premises for his consumption.

      3.  For the purposes of this section, “food waste” means all waste material derived in whole or in part from the meat of any animal or other animal material, or other refuse associated with any such material, resulting from the handling, preparation and consumption of food.

      Sec. 839.  NRS 571.140 is hereby amended to read as follows:

      571.140  The state quarantine officer, or his representatives or his agents, [shall] have full authority and power for the inspection, testing, treatment, quarantine and condemnation of livestock affected with any infectious, contagious or parasitic disease, and any such person may enter upon any ground or premises of this state for the purpose of enforcing the inspection, testing, treatment, quarantine and condemnation laws and all the rules, regulations and orders of the [department.] division.

      Sec. 840.  NRS 571.160 is hereby amended to read as follows:

      571.160  Whenever any livestock becomes infected with any infectious, contagious or parasitic disease as defined by rules and regulations [promulgated] adopted by the state quarantine officer, the owner or agent in charge, an inspector of the [department,] division or any practicing veterinarian shall immediately notify the state quarantine officer.

      Sec. 841.  NRS 571.190 is hereby amended to read as follows:

      571.190  1.  The state quarantine officer may order and have destroyed any livestock infected with or exposed to any infectious, contagious or parasitic disease.

      2.  The [department] division shall compensate the owners of any livestock so destroyed either separately or jointly with any county or municipality of the state or any agency of the Federal Government, the amount of such compensation to be determined by appraisal before the affected livestock is destroyed.

      3.  The appraisal [shall] must be made by the state quarantine officer or a properly qualified agent designated by him and the owners or their authorized representative. In the event of their failure to arrive at an agreement, the two so selected shall designate some disinterested person, who by reason of experience in such matters is a qualified judge of livestock values, to act with them.


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them. The judgment of any two such appraisers [shall be] is binding and final upon all persons.

      4.  The total amount received by the owners of livestock so destroyed, including compensation paid by the [department,] division, any county or municipality or any agency of the Federal Government or any livestock insurance company, and the salvage received from the sale of hides or carcasses or any other source, combined, [shall] must not exceed 75 percent of the actual appraised value of the destroyed livestock.

      5.  Any [individual] natural person or corporation purchasing any livestock which was at the time of purchase under quarantine by any state, county or municipal authorities or any agency of the Federal Government legally empowered to lay such quarantine, or who purchases any livestock which due diligence and caution would have shown to be diseased or which have been shipped or transported in violation of the rules and regulations of any agency of the Federal Government or the State of Nevada, [shall not be] is not entitled to compensation, and the [department] division may order the destruction of such livestock without making any compensation to the owner.

      6.  No payment [shall] may be made hereunder as compensation for or on account of any such livestock destroyed if, at the time of inspection or test of such livestock or at the time of the ordered destruction thereof, such livestock belongs to or be upon the premises of any person, firm or corporation to which such livestock has been sold, shipped or delivered for the purpose of being slaughtered.

      7.  In no case [shall] may any payment by the [department] division pursuant to the provisions of this section be more than $75 for any grade livestock or more than $200 for any purebred livestock, and no payment shall be made unless the owner has complied with all quarantine rules and regulations of the [department.] division.

      Sec. 842.  NRS 573.010 is hereby amended to read as follows:

      573.010  As used in this chapter:

      1.  “Administrator” means the administrator of the division.

      2.  “Consignor” means any person consigning, shipping or delivering livestock to a public livestock auction for sale, resale or exchange.

      [2.  “Department” means the state department of agriculture.

      3.  “Executive director” means the executive of the state department of agriculture.

      4.]3.  “Division” means the division of agriculture of the department of business and industry.

      4.  “Livestock” means cattle, sheep, goats, horses, mules, asses, burros, swine or poultry.

      5.  “Operator of a public livestock auction” means any person holding, conducting or carrying on a public livestock auction.

      6.  “Public livestock auction” means any sale or exchange of livestock held by any person at an established place of business or premises where the livestock is assembled for sale or exchange, and is exchanged or sold at auction or upon a commission basis at regular or irregular intervals.


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      Sec. 843.  NRS 573.020 is hereby amended to read as follows:

      573.020  1.  [No] A person shall not hold, operate, conduct or carry on a public livestock auction in this state without first securing a license therefor from the [department.] division.

      2.  The application for a license [shall] must be on forms prescribed and furnished by the [department and shall] division and set forth:

      (a) The name of the operator of the public livestock auction.

      (b) The location of the establishment or premises where the public livestock auction is to be conducted.

      (c) The type or kinds of livestock to be handled, sold or exchanged.

      (d) A description of the facilities to be used in conducting the public livestock auction.

      (e) The weekly or monthly sales day or days on which the applicant proposes to operate his public livestock auction.

      (f) The name and address of the bank where the custodial account for consignors’ proceeds will be established and maintained by the operator of the public livestock auction in compliance with the provisions of NRS 573.104.

      (g) Such other information as the [department] division reasonably may require, including, without limitation, proof that at the time of application the applicant has a line of credit established at a bank in the State of Nevada in an amount at least equal to the estimated average weekly gross sales receipts of the public livestock auction to be conducted by him.

      3.  The application [shall] must be accompanied by a bond or deposit receipt and the required fee as provided in this chapter.

      Sec. 844.  NRS 573.030 is hereby amended to read as follows:

      573.030  Before a license is issued by the [department] division to an operator of a public livestock auction, the applicant [shall] must deliver to the [executive director] administrator either:

      1.  A surety bond pursuant to the provisions of NRS 573.033;

      2.  A bond approved by the Secretary of Agriculture of the United States pursuant to the provisions of NRS 573.035; or

      3.  A deposit receipt pursuant to the provisions of NRS 573.037.

      Sec. 845.  NRS 573.033 is hereby amended to read as follows:

      573.033  1.  If an applicant delivers a surety bond to the [executive director] administrator pursuant to the provisions of subsection 1 of NRS 573.030, the surety bond [shall] must be:

      (a) In the sum provided for in subsection 2 of this section.

      (b) Executed by the applicant as principal and by a surety company qualified and authorized to do business in this state as surety.

      (c) A standard form and approved by the [executive director] administrator as to terms and conditions.

      (d) Conditioned that the principal will not commit any fraudulent act and will comply with the provisions of this chapter and the rules and regulations adopted by the [department] division pursuant to law.

      (e) To the State of Nevada in favor of every consignor creditor whose livestock was handled or sold through or at the licensee’s public livestock auction.


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ê1993 Statutes of Nevada, Page 1751 (Chapter 466, AB 782)ê

 

      2.  If the application for a license to operate a public livestock auction is from a person who:

      (a) Has not operated in the past 12-month period, the [executive director] administrator shall determine the sum of the initial bond that the applicant [shall] must execute in favor of the state, which sum [shall] must be equal to an amount estimated to be 50 percent of the average monthly gross sales proceeds of the public livestock auction in the first 6 months of operation, but such sum [shall] must not be less than $10,000 nor more than $100,000. At any time within the first 12 months of licensed operation, the [executive director] administrator may, upon written notice to the licensee, review the licensee’s operations and determine whether, because of increased or decreased sales, the amount of the bond should be altered.

      (b) Has operated in the past 12-month period, the [executive director] administrator shall determine the sum of the bond that the applicant [shall] must execute in favor of the state, which sum [shall] must be equal to but [shall] not exceed an amount equal to 50 percent of the average monthly gross sales proceeds received by the public livestock auction during the 6 successive months of the last 12-month period which produced the highest dollar volume, but such sum [shall] must not be less than $10,000 nor more than $100,000.

      3.  The total and aggregate liability of the surety for all claims upon the bond [shall] must be limited to the face amount of the bond.

      Sec. 846.  NRS 573.035 is hereby amended to read as follows:

      573.035  In compliance with the provisions of subsection 2 of NRS 573.030, if the applicant is bonded as a market agency under the provisions of the Packers and Stockyards Act (7 U.S.C. § 204), as amended, and the regulations [promulgated] adopted thereunder, in a sum equal to or greater than the sum required by the provisions of NRS 573.033, the applicant may deliver to the [executive director] administrator a bond approved by the Secretary of Agriculture of the United States naming the [executive director] administrator as trustee.

      Sec. 847.  NRS 573.037 is hereby amended to read as follows:

      573.037  1.  As authorized by subsection 3 of NRS 573.030, in lieu of filing the bond described in NRS 573.033 or 573.035, the applicant may deliver to the [executive director] administrator the receipt of a bank or trust company doing business in this state showing the deposit with such bank or trust company of cash or of securities endorsed in blank by the owner thereof and of a market value equal at least to the required principal amount of the bond, such cash or securities to be deposited in escrow under an agreement conditioned as in the case of a bond. A receipt [shall] must be accompanied by evidence that there are no unsatisfied judgments against the applicant of record in the county where the applicant resides.

      2.  An action for recovery against any such deposit may be brought in the same manner as in the case of an action for recovery on a bond filed under the provisions of this chapter.

      3.  If any licensed operator of a public livestock auction for any reason ceases to operate such auction, the amount of money or securities deposited in lieu of a bond [shall] must be retained by the [department] division for 1 year. If after the expiration of 1 year from the cessation of such operation, no legal action has been commenced to recover against such money or securities, the amount thereof [shall] must be delivered to the owner thereof.


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ê1993 Statutes of Nevada, Page 1752 (Chapter 466, AB 782)ê

 

legal action has been commenced to recover against such money or securities, the amount thereof [shall] must be delivered to the owner thereof. If a legal action has been commenced within such time, all such money and securities [shall] must be held by the [executive director] administrator subject to the order of a court of competent jurisdiction.

      Sec. 848.  NRS 573.050 is hereby amended to read as follows:

      573.050  Upon receipt of an application for a license under this chapter, accompanied by the required bond and license fee, the [department] division shall examine the same, and if [the department] it finds the application to be in proper form and that the applicant has otherwise complied with this chapter, the [department] division shall grant the license as applied for, subject to the provisions of this chapter.

      Sec. 849.  NRS 573.070 is hereby amended to read as follows:

      573.070  Licenses [shall] must be in such form as the [department] division may prescribe, and [shall] set forth:

      1.  The name and address of the operator of the public livestock auction.

      2.  The location of the establishment or premises licensed.

      3.  The kinds of livestock to be sold, exchanged or handled.

      4.  The period of the license.

      5.  The weekly or monthly sales day or days.

      6.  Such other information as the [department] division may determine.

      Sec. 850.  NRS 573.100 is hereby amended to read as follows:

      573.100  1.  The [department] division may decline to grant or to renew a license or may suspend or revoke a license already granted if, after due notice and hearing, the [department] division finds:

      (a) That the licensee has violated any provision of this chapter, or any rule, order or regulation issued pursuant to law;

      (b) That the licensee has knowingly received on consignment, or sold or exchanged, stolen livestock or mortgaged livestock without authority from the owner or mortgagee;

      (c) That the licensee has been guilty of fraud or deception in any material particular in securing the license;

      (d) That the licensee has failed to keep records as required by this chapter;

      (e) That the licensee has failed to practice measures of sanitation as required by this chapter, or has violated the rules and regulations, if any, for the yarding, housing, holding and feeding of livestock;

      (f) That the licensee, in the case of livestock weighed on the licensee’s scales and sold by weight, has knowingly quoted incorrect weights, or has failed to have his scales regularly inspected and tested;

      (g) That the applicant or licensee has intentionally made a false or misleading statement as to the conditions of the livestock market, or has authorized any false advertising reflecting the operation of his public livestock auction;

      (h) That the applicant or licensee has been previously convicted of a felony; or

      (i) That the applicant or licensee has within 3 years next preceding the action of the [department:] division:

             (1) Filed a voluntary petition in bankruptcy;

             (2) Been adjudged an involuntary bankrupt;

             (3) Received or been refused a discharge in bankruptcy; or


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ê1993 Statutes of Nevada, Page 1753 (Chapter 466, AB 782)ê

 

             (4) Failed to make full settlement with all consignor creditors after a claim against his surety or deposit in lieu of bond has been collected by court order.

      2.  Subparagraphs (1), (2) and (3) of paragraph (i) of subsection 1 [shall] do not apply to any person who has made full settlement with his creditors. [An individual] A natural person shall be deemed to have committed one of the acts listed in [such] those subparagraphs if such an act has been committed by any corporation of which he was at the time of [such] the act an officer or director or the beneficial owner of 20 percent or more of the capital stock. A corporation shall be deemed to have committed one of the acts listed in [such] those subparagraphs if such an act has been committed:

      (a) By another corporation controlled by the applicant corporation.

      (b) By [an individual] a natural person who at the time of application is an officer or director or the beneficial owner of 20 percent or more of the capital stock of the applicant corporation.

      (c) By another corporation of which [an individual] a natural person as described in paragraph (b) was at the time of [such] the act an officer or director or the beneficial owner of 20 percent or more of the capital stock.

      3.  In the case of any hearing held under the provisions of this section, there [shall] must be filed in the office of the [department] division a memorandum stating briefly the reasons of the [department] division for the denial, suspension or revocation of the license, but formal findings of fact [shall not be] are required to be made or filed.

      Sec. 851.  NRS 573.103 is hereby amended to read as follows:

      573.103  1.  Except as otherwise provided in subsection 2, every operator of a public livestock auction shall cause his accounts to be audited at least annually by a holder of a live permit under chapter 628 of NRS, and shall file with the [executive director] administrator a copy of [such] the audit, signed and certified as correct by the auditor. The [executive director] administrator may prescribe by regulation the content and times for filing of such audits.

      2.  Every operator whose accounts are audited under the provisions of the Packers and Stockyards Act , [(] 7 U.S.C. § 204 , [),] as amended, shall file a copy of each such audit with the [executive director.] administrator.

      Sec. 852.  NRS 573.104 is hereby amended to read as follows:

      573.104  1.  Each licensee shall deposit the gross proceeds received by him from the sale of livestock handled on a commission or agency basis in a separate bank account established and maintained by the licensee in the bank at which his line of credit, as required by paragraph (g) of subsection 2 of NRS 573.020, is established. The separate bank account [shall] must be designated a “custodial account for consignors’ proceeds.”

      2.  The custodial account for consignors’ proceeds [shall] may be drawn on only:

      (a) For the payment of net proceeds to the consignor, or [such] any other person or persons of whom [such] the licensee has knowledge who is entitled to [such] those proceeds;

      (b) To obtain [from such proceeds only] the sums due the licensee as compensation for his services; and


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ê1993 Statutes of Nevada, Page 1754 (Chapter 466, AB 782)ê

 

      (c) For such sums as are necessary to pay all legal charges against the consignment of livestock which the licensee in his capacity as agent is required to pay for and on behalf of the consignor.

      3.  The licensee shall:

      (a) In each case keep such accounts and records as will at all times disclose the names of the consignors and the amount due [and payable] to each from the [funds] money in the custodial account for consignors’ proceeds.

      (b) Maintain the custodial account for consignors’ proceeds in a manner that will expedite examination by the [executive director] administrator and reflect compliance with the requirements of this section.

      Sec. 853.  NRS 573.105 is hereby amended to read as follows:

      573.105  The [executive director] administrator shall ascertain, at least quarterly, the continued existence and amount of the line of credit shown pursuant to paragraph (g) of subsection 2 of NRS 573.020, or its replacement by a line of credit at another bank in the State of Nevada and the amount of [such] the replacement. If the line of credit is so replaced, the custodial account [shall] must be transferred to the bank issuing the new line of credit. If a line of credit in the amount required is not maintained, the [executive director] administrator shall suspend the operator’s license.

      Sec. 854.  NRS 573.107 is hereby amended to read as follows:

      573.107  1.  [Any] A consignor creditor claiming to be injured by the fraud of [any] a licensee may bring an action upon the bond against both the principal and the surety in any court of competent jurisdiction to recover the damages caused by [such] the fraud.

      2.  The [executive director] administrator or any consignor creditor may also bring an action upon the bond against both the principal and the surety in any court of competent jurisdiction to recover the damages caused by any failure to comply with the provisions of this chapter and the rules and regulations adopted by the [department] division pursuant to law.

      Sec. 855.  NRS 573.108 is hereby amended to read as follows:

      573.108  1.  In case of failure by a licensee to pay amounts due a consignor creditor whose livestock was handled or sold through or at the licensee’s public livestock auction, as evidenced by a verified complaint filed with the administrator, the [executive director, the executive director] administrator, the administrator shall proceed forthwith to ascertain the names and addresses of all consignor creditors of the licensee, together with the amounts due to them by the licensee, and shall request all the consignor creditors to file a verified statement of their respective claims with the [executive director.] administrator. The request must be addressed to each known consignor creditor at his last known address.

      2.  If a consignor creditor so addressed fails, refuses or neglects to file in the office of the [executive director] administrator his verified claim as requested by the [executive director] administrator within 60 days [from] after the date of the request, the [executive director] administrator is relieved of further duty or action under this section on behalf of that consignor creditor.

      3.  Where by reason of the absence of records, or other circumstances making it impossible or unreasonable for the [executive director] administrator to ascertain the names and addresses of all consignor creditors, the [executive director,] administrator, after exerting due diligence and making reasonable inquiry to secure the information from all reasonable and available sources, may make demand on the bond on the basis of information then in his possession, and thereafter is not liable or responsible for claims or the handling of claims which may subsequently appear or be discovered.


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ê1993 Statutes of Nevada, Page 1755 (Chapter 466, AB 782)ê

 

[executive director,] administrator, after exerting due diligence and making reasonable inquiry to secure the information from all reasonable and available sources, may make demand on the bond on the basis of information then in his possession, and thereafter is not liable or responsible for claims or the handling of claims which may subsequently appear or be discovered.

      4.  Upon ascertaining all claims and statements in the manner set forth in this section, the [executive director] administrator may then make demand upon the bond on behalf of those claimants whose statements have been filed, and may settle or compromise the claims with the surety company on the bond and execute and deliver a release and discharge of the bond involved.

      5.  Upon the refusal of the surety company to pay the demand, the [executive director] administrator may thereupon bring an action on the bond in behalf of the consignor creditors. Upon any action being commenced on the bond, the [executive director] administrator may require the filing of a new bond. Immediately upon the recovery in any action on the bond the licensee shall file a new bond. Upon failure to file the bond within 10 days, in either case, the failure constitutes grounds for the suspension or revocation of his license.

      6.  In any settlement or compromise by the [executive director] administrator with a surety company as provided in subsection 4, where there are two or more consignor creditors that have filed claims, either fixed or contingent, against a licensee’s bond, the creditors [shall] must share pro rata in the proceeds of the bond to the extent of their actual damage.

      7.  For the purpose of enforcing the provisions of this section, the [executive director] administrator may receive verified complaints from any consignor against any licensee, or agent, or any person assuming or attempting to act as such, and upon receipt of a verified complaint may make any necessary investigations relative to the complaint. The [executive director] administrator may administer oaths of verification of the complaints.

      8.  For the purpose of making investigations as provided for in subsection 7, the [executive director] administrator may enter a public livestock auction and examine any records required under the provisions of this chapter. The [executive director] administrator may issue subpenas requiring the attendance of witnesses before him, together with all books, memoranda, papers and other documents relative to the matters under investigation.

      Sec. 856.  NRS 573.109 is hereby amended to read as follows:

      573.109  1.  The district court in and for the county in which any investigation is being conducted by the [executive director] administrator pursuant to the provisions of subsections 7 and 8 of NRS 573.108 [shall have] has the power to compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpena issued by the [executive director.] administrator.

      2.  In case of the refusal of any witness to attend or testify or produce any papers required by such subpena the [executive director] administrator may report to the district court in and for the county in which the investigation is pending by petition, setting forth:

      (a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;


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ê1993 Statutes of Nevada, Page 1756 (Chapter 466, AB 782)ê

 

      (b) That the witness has been subpenaed in the manner prescribed in this chapter; and

      (c) That the witness has failed and refused to attend or produce the papers required by subpena before the [executive director] administrator in the investigation named in the subpena, or has refused to answer questions propounded to him in the course of such investigation,

and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the [executive director.] administrator.

      3.  The court, upon petition of the [executive director,] administrator, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than 10 days [from] after the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers before the [executive director.] administrator. A certified copy of the order [shall] must be served upon the witness. If it [shall appear] appears to the court that the subpena was regularly issued by the [executive director,] administrator the court shall thereupon enter an order that the witness appear before the [executive director] administrator at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness [shall] must be dealt with as for contempt of court.

      Sec. 857.  NRS 573.110 is hereby amended to read as follows:

      573.110  1.  Each operator of a public livestock auction shall keep the following records for each lot of livestock consigned to or sold or exchanged through such public livestock auction:

      (a) The name and address of the consignor.

      (b) A description of the livestock which [shall] must include the number and kind, approximate age, the sex, and any visible brands or other distinguishing or identifying marks.

      (c) The name and address of the purchaser of the livestock.

      2.  [Such records shall] The records must be kept by the operator of a public livestock auction at the establishment or premises where the sale is held and conducted, or such other convenient place as may be approved by the [department.

      3.  Such records shall] division.

      3.  The records must be open for inspection by all peace officers of this state at all reasonable times, and [shall] must be retained and preserved for a period of at least 2 years.

      Sec. 858.  NRS 573.120 is hereby amended to read as follows:

      573.120  1.  Any person buying, or receiving on a consignment, commission or fee basis, any livestock for slaughter at a slaughtering establishment or plant, shall keep the following records for each lot of livestock so received:

      (a) The name and address of the person from whom received.

      (b) A description of the livestock, which description [shall] must include the number and kind, approximate age, the sex, and any visible brands or other distinguishing or identifying marks.

      2.  If any livestock bought or received as provided in subsection 1 is disposed of other than by slaughter, a record [shall] must be kept of such disposal, including the description as provided in subsection 1 and the name and address of the person receiving the same.


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ê1993 Statutes of Nevada, Page 1757 (Chapter 466, AB 782)ê

 

disposal, including the description as provided in subsection 1 and the name and address of the person receiving the same.

      3.  The records provided for in this section [shall] must be retained and preserved for at least 2 years and [shall] must be open for inspection by any peace officer or representative of the [department] division at all reasonable times.

      Sec. 859.  NRS 573.125 is hereby amended to read as follows:

      573.125  Each operator of a livestock auction shall issue to each purchaser of livestock a receipt on a form approved by the [department, and such receipt shall] division, and the receipt must contain:

      1.  The name and address of the purchaser of the livestock.

      2.  A description of the livestock, which [shall] must include the number and kind, approximate age, the sex, and any visible brands or other distinguishing or identifying marks.

      Sec. 860.  NRS 573.130 is hereby amended to read as follows:

      573.130  1.  No livestock under quarantine on account of any contagious, infectious or communicable disease [shall] may be consigned to or sold through any public livestock auction.

      2.  No livestock known to be infected with, or known to have been exposed to, any contagious, infectious or parasitic livestock disease [shall] may be consigned to or sold through any public livestock auction except under rules and regulations governing such consignments and sales made by the [department.] division.

      3.  The [department] division may require such testing, treating and examining of livestock sold, traded, exchanged or handled at or through public livestock auctions as in its judgment may be necessary to prevent the spread of infectious, contagious or parasitic diseases among the livestock of this state.

      4.  The [department] division may require operators of public livestock auctions to reimburse the [department] division for actual expenses or any part thereof incurred in testing, treating and examining livestock sold, traded, exchanged or handled at or through such auctions.

      Sec. 861.  NRS 573.160 is hereby amended to read as follows:

      573.160  For the purpose of carrying out the provisions of this chapter and making inspections thereunder, the [department] division or any duly authorized representative thereof [shall have the right to] may enter the establishment or premises where any public livestock auction is held and [to] inspect the records thereof at all reasonable times.

      Sec. 862.  NRS 573.165 is hereby amended to read as follows:

      573.165  Public livestock auction facilities [shall] must include space and facilities approved by the [executive director] administrator for brand inspectors to carry out their duties in a safe and expeditious manner.

      Sec. 863.  NRS 573.170 is hereby amended to read as follows:

      573.170  1.  The operator of a public livestock auction may apply to the [department] division for a change of the weekly or monthly sales day or days specified in his license. [Such application shall be] The application is subject to a hearing and approval by the [executive director.] administrator.

      2.  No special sale [shall] may be conducted by the operator of a public livestock auction unless he has applied to the [department] division in writing 15 days [prior to such] before the proposed sale, and [such sale date shall be approved at the discretion of the executive director.]


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ê1993 Statutes of Nevada, Page 1758 (Chapter 466, AB 782)ê

 

15 days [prior to such] before the proposed sale, and [such sale date shall be approved at the discretion of the executive director.] the date of the sale is approved by the administrator.

      Sec. 864.  NRS 573.183 is hereby amended to read as follows:

      573.183  When the [executive director] administrator determines, on the basis of any verified complaint or of any inspection or investigation made by him pursuant to this chapter, that any operator of a public livestock auction is violating or is about to violate any provision of this chapter for the protection of consignor creditors, he may order:

      1.  [Such] The operator to cease and desist from:

      (a) Receiving or selling any livestock;

      (b) Receiving or disbursing any [moneys;] money; or

      (c) Any practice which violates any provision of this chapter or any other law or any rule, order or regulation issued pursuant to law.

      2.  Any bank which holds the custodial account of [such] the operator, as required by NRS 573.104, to refrain from paying out any money from [such account.

Such order shall cease] the account.

The order ceases to be effective upon the expiration of 3 days, exclusive of Saturdays, Sundays and other nonjudicial days, from its date of issuance unless a court has, pursuant to NRS 573.185, issued an order which continues [such] the restraint.

      Sec. 865.  NRS 573.185 is hereby amended to read as follows:

      573.185  Whenever any licensee has engaged or is about to engage in any acts or practices which constitute or will constitute an offense against this chapter or the rules and regulations adopted by the [department] division pursuant to law, the district court of any county, on application of the [executive director,] administrator, may issue an injunction or other appropriate order restraining such conduct. Proceedings under this section [shall be] are governed by Rule 65 of the Nevada Rules of Civil Procedure, except that no bond or undertaking [shall be] is required in any action commenced by the [executive director.] administrator.

      Sec. 866.  NRS 574.055 is hereby amended to read as follows:

      574.055  1.  Any peace officer or officer of a society for the prevention of cruelty to animals who is authorized to make arrests pursuant to NRS 574.040 shall, upon discovering any animal which is being treated cruelly, take possession of it and provide it with shelter and care or, upon obtaining written permission from the owner of the animal, may destroy it in a humane manner.

      2.  When an officer takes possession of an animal, he shall give to the owner, if the owner can be found, a notice containing a written statement of the reasons for the taking, the location where the animal will be cared for and sheltered, and the fact that there is a limited lien on the animal for the cost of shelter and care. If the owner is not present at the taking and the officer cannot find the owner after a reasonable search, he shall post the notice on the property from which he takes the animal. If the identity and address of the owner are later determined, the notice must be mailed to the owner immediately after the determination is made.


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ê1993 Statutes of Nevada, Page 1759 (Chapter 466, AB 782)ê

 

      3.  An officer who takes possession of an animal pursuant to this section has a lien on the animal for the reasonable cost of care and shelter furnished to the animal and, if applicable, for its humane destruction. The lien does not extend to the cost of care and shelter for more than 2 weeks.

      4.  Upon proof that the owner has been notified in accordance with subsection 2 or, if he has not been found or identified, that the required notice has been posted on the property where the animal was found, a court of competent jurisdiction may, after providing an opportunity for a hearing, order the animal sold at auction, humanely destroyed or continued in the care of the officer for such disposition as the officer sees fit.

      5.  An officer who seizes an animal pursuant to this section is not liable for any action arising out of the taking or humane destruction of the animal.

      6.  This section does not apply to any animal which is located on land being employed for an agricultural use as defined in NRS 361A.030 unless the owner of the animal or the person charged with the care of the animal is in violation of subsection 2 of NRS 574.100 and the impoundment is accomplished with the concurrence and supervision of the sheriff or his designee, a licensed veterinarian and the district brand inspector or his designee. In such a case, the sheriff shall direct that the impoundment occur no later than 48 hours after the veterinarian determines that a violation of subsection 2 of NRS 574.100 exists.

      7.  The owner of an animal impounded in accordance with subsection 6 [shall,] must, before the animal is released to his custody, pay the charges approved by the sheriff as reasonably related to the impoundment, including the charges for the animal’s food and water. If the owner is unable or refuses to pay the charges, the [state department of agriculture] division of agriculture of the department of business and industry shall sell the animal. The [department] division shall pay to the owner the proceeds of the sale remaining after deducting the charges reasonably related to the impoundment.

      Sec. 867.  NRS 575.050 is hereby amended to read as follows:

      575.050  1.  The governor may enter into agreements with the United States, its departments or agencies, respecting the granting and extending of financial aid, or any other form of benefits, to the state for the benefit of persons, firms or corporations engaged in the livestock or agriculture industry.

      2.  Before any such agreement is entered into, the governor, after diligent inquiry, shall determine by proclamation that such an emergency exists as in the interests of the livestock or agriculture industry of the state warrants a request for federal aid, money or such other type of benefit as may be available. From and after the issuing of such proclamation, the governor may match such available federal [funds,] money, or benefits, from the livestock aid fund, not to exceed the total sum of $30,000. Where an emergency has been proclaimed by the governor, the [executive director of the state department of agriculture] administrator of the division of agriculture of the department of business and industry may expend [moneys] money in the livestock aid fund, as the interests of the livestock or agriculture industry of the state may require, without federal participation in the form of aid, money or other benefits.


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ê1993 Statutes of Nevada, Page 1760 (Chapter 466, AB 782)ê

 

      3.  There is hereby created in the state treasury the livestock aid fund. [Moneys] Money for the livestock aid fund [shall] must be provided as needed by the state board of examiners from their emergency fund, and may be used only to carry out the provisions of this section.

      4.  The governor, or such commission, department or agency of the State of Nevada as he may designate and entrust with the disbursement of the moneys or benefits made available, may adopt such regulations as may be necessary for the proper administration thereof, and if the benefits are in the form of money each expenditure from the fund [shall] must be approved by the state board of examiners in the manner provided generally for the payment of claims against the state.

      5.  The State of Nevada, through the acts of its governor, in accepting the agreements entered into, is obligated to perform the agreements fully as to all the terms thereof for the duration of the agreements.

      Sec. 868.  NRS 575.060 is hereby amended to read as follows:

      575.060  1.  As used in this section, unless the context requires otherwise, [“department”] “division” means the [state department of agriculture.] division of agriculture of the department of business and industry.

      2.  Any cattle, horses or mules found by the [department] division or an authorized representative of the [department] division to be in the possession of any person who does not have satisfactory evidence of the ownership or right to possession thereof may be impounded by the [department] division or its representative without liability at the expense of the owner, until the ownership of the animal is established.

      3.  After the expiration of 10 days from the date the animal is impounded, if the [department] division cannot with reasonable diligence determine the lawful owner thereof, the animal may be sold by the [department] division in the manner provided in chapter 569 of NRS. All expenses incurred by the [department] division in the keeping of the animal and in the sale thereof must be paid out of the proceeds of the sale.

      4.  Except as otherwise provided in subsection 5, the net proceeds of any such sale must be held for 1 year, subject to the claim of any person who can establish legal title to any animal concerned. All money remaining unclaimed must be deposited in the livestock inspection account after 1 year. The [department] division may disallow all claims if it deems the claims illegal or if satisfactory evidence of title is not shown.

      5.  If the animal is consigned to a public livestock market for sale at that market, the proceeds of the sale must be kept by the [department,] division, or, if the [department] division deems it advisable, by the public livestock market, for 30 days, to permit the consignor to prove his legal ownership or his right to sell the animal. If the consignor is unable to prove his ownership to or his right to sell the animal, the proceeds must be disposed of as provided in subsection 4.

      Sec. 869.  NRS 575.070 is hereby amended to read as follows:

      575.070  1.  Upon receipt of the reports from the committee for assessing livestock pursuant to NRS 575.180, the Nevada beef council may fix a special tax, to be known as the tax to promote beef, on all cattle except calves that have not been weaned, the rate of which must not exceed $1 per head. If such a tax is fixed, the council shall send notice of the rate of this tax to the county assessor or treasurer of each county on or before the first Monday in May of each year.


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ê1993 Statutes of Nevada, Page 1761 (Chapter 466, AB 782)ê

 

assessor or treasurer of each county on or before the first Monday in May of each year. The proceeds of the tax, if any, must be deposited in the state treasury for credit to the account for the promotion of beef.

      2.  During the month of April if such a tax is fixed, any person who has paid the special tax may file a claim for refund with the [state department of agriculture,] division of agriculture of the department of business and industry, accompanied by a receipt showing the payment. Upon verification of the claim, the [department] division shall transmit it to the state controller for payment from the account for the promotion of beef.

      Sec. 870.  NRS 575.080 is hereby amended to read as follows:

      575.080  As used in NRS 575.080 to 575.230, inclusive, unless the context otherwise requires:

      1.  “Board” means the state board of sheep commissioners.

      2.  [“Department” means the state department of agriculture.] “Division” means the division of agriculture of the department of business and industry.

      3.  “Livestock” means the animals subject to the taxes levied pursuant to NRS 571.035 and 575.070.

      4.  “Sheep” means the animals subject to the taxes levied pursuant to NRS 562.170 and 567.110.

      5.  “Tax” means any of the taxes levied pursuant to NRS 562.170, 567.110, 571.035 and 575.070.

      Sec. 871.  NRS 575.090 is hereby amended to read as follows:

      575.090  1.  There is hereby created in each county a committee for assessing livestock composed of:

      (a) Two persons who own livestock in the county and who are appointed by the state board of agriculture;

      (b) One person who owns sheep in the county and who is appointed by the board or, if there is no owner of sheep in the county, another person who owns livestock in the county who is appointed by the state board of agriculture;

      (c) A brand inspector who is designated by the director of the [department;] division; and

      (d) The county assessor or a person designated by him.

      2.  Except as otherwise provided in this subsection, the term of each member is 2 years, and any vacancy must be filled by appointment for the unexpired term. The term of the county assessor expires upon the expiration of the term of his office. A person designated by the county assessor serves at the pleasure of the county assessor. The brand inspector serves at the pleasure of the [director of the department.] administrator of the division.

      3.  While engaged in official business of the committee for assessing livestock, each member of the committee is entitled to:

      (a) A salary not exceeding $60 per day for attending meetings or performing other official business, to be paid from any money available to the [department.] division.

      (b) The per diem allowance and travel expenses fixed for state officers and employees.

      Sec. 872.  NRS 575.120 is hereby amended to read as follows:

      575.120  1.  The [department] division shall prepare a form for declaration of livestock and sheep on which an owner of livestock or sheep shall declare the average number, kind and classification of all livestock and sheep in the state owned by him during the year immediately preceding the date the declaration is made.


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ê1993 Statutes of Nevada, Page 1762 (Chapter 466, AB 782)ê

 

declare the average number, kind and classification of all livestock and sheep in the state owned by him during the year immediately preceding the date the declaration is made.

      2.  Before May 6 of each year, the [department] division shall distribute the form for declaration to all the county assessors.

      Sec. 873.  NRS 575.170 is hereby amended to read as follows:

      575.170  1.  An owner of sheep or livestock who wishes to challenge the accuracy of the report as changed by the committee for assessing livestock may, within 15 days after receiving notice of the change, file a statement with the committee for assessing livestock for his county specifying the alleged inaccuracy.

      2.  Upon receipt of the statement under subsection 1, the committee for assessing livestock shall review the allegations and may change what it considers necessary to make the report accurate and complete. An owner of sheep or livestock, the board, or the [executive director of the department] administrator of the division may appeal from any decision of the committee for assessing livestock to and in the manner prescribed by the state board of agriculture.

      Sec. 874.  NRS 575.180 is hereby amended to read as follows:

      575.180  1.  When the report of owners of livestock and sheep is approved by the committee for assessing livestock as complete and accurate, the approval must be noted on the report. The report must then be returned to the county assessor and a copy sent to the board, the [department] division and the Nevada beef council.

      2.  If, as the result of a challenge of the accuracy of the report, any change is ordered in the report of owners of livestock and sheep after it has been approved by the committee for assessing livestock, the county assessor, the board, the [department] division and the Nevada beef council must be notified of the change.

      Sec. 875.  NRS 575.190 is hereby amended to read as follows:

      575.190  Using the tax levies from the board, the [department] division and the Nevada beef council, the county assessor, auditor or treasurer shall calculate the total taxes due from each owner of livestock or sheep based on the report of owners of livestock or sheep approved by the committee for assessing livestock.

      Sec. 876.  NRS 575.220 is hereby amended to read as follows:

      575.220  Any taxes delinquent must be reported by the county assessor or county treasurer to the:

      1.  [Department] Division if the taxes were levied pursuant to NRS 571.035 and 575.070; or

      2.  Board if the taxes were levied pursuant to NRS 562.170 and 567.110.

      Sec. 877.  NRS 575.230 is hereby amended to read as follows:

      575.230  A brand inspection clearance certificate described in NRS 565.120 or a certificate or bill of health described in NRS 565.460 may not be issued for the movement of any sheep or livestock owned by a person delinquent in the payment of a tax. The [department] division may collect any delinquent tax and the penalty thereon at the time of a brand or health inspection. The appropriate county authority must be notified if the tax is so collected.


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ê1993 Statutes of Nevada, Page 1763 (Chapter 466, AB 782)ê

 

      Sec. 878.  NRS 576.010 is hereby amended to read as follows:

      576.010  As used in this chapter unless the context clearly requires otherwise:

      1.  “Administrator” means the administrator of the division.

      2.  “Agent” means any person who, on behalf of any commission merchant, or dealer, or broker or cash buyer, receives, contracts for or solicits the sale, exchange or transfer of farm products or livestock from a producer thereof, or who negotiates the consignment or purchase of any farm product or livestock on behalf of any commission merchant, dealer, broker or cash buyer.

      [2.]3.  “Broker” means any person other than a dealer, commission merchant or cash buyer who negotiates the purchase or sale of any farm product and who does not handle either the farm product involved or the proceeds of a sale.

      [3.]4.  “Cash buyer” means any person other than a commission merchant or dealer or broker who purchases or offers to purchase any farm product or livestock for the purpose of processing or resale and who pays for such farm products or livestock in lawful money of the United States or by certified check at the time of purchase or delivery thereof, or at the time the price of such farm products or livestock may be determined, if the price or value thereof is subject to determination by inspection, grade or pack out.

      [4.]5.  “Commission merchant” means any person other than a dealer, or broker, or cash buyer, who receives on consignment or solicits from the producer thereof for the purpose of resale, or who sells or offers for sale on commission any farm product or livestock, or who in any way handles for the account of, or as an agent of, the producer thereof on a commission basis any farm products or livestock.

      [5.]6.  “Consignor” means any person who ships or delivers to any commission merchant or dealer any farm products for handling, sale or resale.

      [6.]7.  “Dealer” means any person other than a commission merchant or broker or cash buyer who solicits, contracts for or obtains from the producer, agent or consignee thereof title, possession or control of any farm product or livestock, or who buys or agrees to buy any farm product or livestock from the producer thereof.

      [7.  “Department” means the state department of agriculture.

      8.  “Executive director” means the executive director of the state department of agriculture.]

      8.  “Division” means the division of agriculture of the department of business and industry.

      9.  “Farm products” includes all agricultural, horticultural, viticultural and vegetable products of the soil, poultry and poultry products, livestock and livestock products and hay, but not timber products, or milk and milk products.

      10.  “Fixed and established place of business” means any warehouse, building, storeroom or stockyard, either owned or leased, at which the owner conducts a legitimate permanent business in good faith, and at which stocks of farm products or livestock are kept in quantities usually carried and reasonably adequate to meet the requirements of the business therein conducted.


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ê1993 Statutes of Nevada, Page 1764 (Chapter 466, AB 782)ê

 

reasonably adequate to meet the requirements of the business therein conducted.

      11.  “Immediate resale” means a sale of farm products or livestock made within 60 days [of] after the purchase thereof.

      12.  “Livestock” includes all kinds and ages, and both sexes, singular and plural, of the bovine and equine species and sheep, goats and hogs.

      13.  “Producer” means any person engaged in the business of growing or producing any farm product.

      Sec. 879.  NRS 576.020 is hereby amended to read as follows:

      576.020  [No person shall] A person shall not act as a broker, dealer, commission merchant, cash buyer or agent without having obtained a license from the [department] division as provided in this chapter.

      Sec. 880.  NRS 576.030 is hereby amended to read as follows:

      576.030  1.  Every person, before acting as a broker, dealer, commission merchant, cash buyer or agent, as defined in NRS 576.010, [shall] must file an application with the [department] division for a license to transact such business. Separate applications [shall] must be filed for each class of business.

      2.  The application [shall] must be on forms prescribed and furnished by the [department and shall] division and set forth:

      (a) The full name of the person applying for [such] the license. If the applicant is a firm, exchange, association or corporation, the full name of each member of the firm, or the names of the officers of the exchange, association or corporation [shall] must be given in the application.

      (b) The principal business address of the applicant in the State of Nevada and elsewhere.

      (c) The name or names of the person or persons authorized to accept service of summons and legal notice of all kinds for the applicant.

      (d) The names and addresses of all persons by whom the applicant has been employed for a period of 3 years immediately preceding the making of the application.

      (e) A complete statement of the applicant’s business activity for the 3 years immediately preceding the making of the application which is not covered by paragraph (d).

      (f) Whether or not the applicant has ever been arrested for anything other than a traffic violation punishable by a fine of $25 or less [;] , and if so, when and where, the nature of the crime charged, the disposition of the charge, the title and address of the police officials having custody of the record of arrest, and the names and locations of all the courts before which any proceedings in connection with the arrest took place.

      (g) Whether or not the applicant has ever been a party in a civil suit [;] , and if so, the nature of the suit, whether the party was the plaintiff or the defendant, the disposition of the suit, and, if the applicant was the defendant and lost, whether there is a judgment or any portion thereof which remains unpaid.

      (h) The county or counties in which the applicant proposes to engage in business.

      (i) The class or classes of farm products the applicant proposes to handle.


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ê1993 Statutes of Nevada, Page 1765 (Chapter 466, AB 782)ê

 

      (j) Such other information as the [department] division may reasonably require.

      3.  In addition to the general requirements applicable to all classes of applications as set forth in subsection 2 of this section, the following [requirement shall] requirements apply to the class of applications specified in paragraphs (a) and (b) of this subsection:

      (a) Commission merchants. Each application [shall] must include a complete schedule of commissions, together with an itemized listing of all charges for all services. Any services rendered for which charges are made, if not listed in the schedule on the application, [shall] must be rendered on a strictly cost basis.

      (b) Agents. Each application to be an agent [shall] must be in the same form as an application for a license as a broker, dealer or commission merchant, and [shall] must include the name and address of the broker, dealer, commission merchant or cash buyer represented or sought to be represented by the agent, and the written endorsement or nomination of such broker, dealer, commission merchant or cash buyer.

      4.  The application [shall] must be accompanied with an executed instrument whereby the applicant:

      (a) Appoints and constitutes the [executive director] administrator and his successor or successors in office the true and lawful attorney of the applicant upon whom all lawful process in any action or legal proceeding against the applicant arising in this state from a transaction under the provisions of this chapter may be served; and

      (b) Agrees that any such lawful process against him which may be served upon his attorney as proved in this subsection [shall be of] has the same force and validity as if served upon him and that the authority thereof [shall continue] continues in force irrevocably as long as any liability of the applicant in the state [shall remain] remains outstanding.

      Sec. 881.  NRS 576.035 is hereby amended to read as follows:

      576.035  1.  The [department] division shall require the applicant for a license as a broker, dealer, commission merchant, cash buyer or agent to make a showing of character, responsibility and good faith in seeking to carry on the business stated in the application, and may make investigations, hold hearings and make determinations regarding such matters.

      2.  Should the applicant be a corporation or partnership, it shall likewise satisfy the [department] division of the character, responsibility and good faith of all persons connected with it in a responsible or managing position, such as manager, superintendent, officer or director.

      3.  Failure of any person to satisfy the [department] division of his character, responsibility or good faith may be considered by the [department] division as adverse to a showing of such qualifications and [shall be] is good and sufficient grounds for the denial of an application for a license or of the renewal thereof. Previous conviction of a felony, previous bankruptcy, voluntary or involuntary, or previous violation of this chapter may be considered by the [department] division as adverse to a showing of such character, responsibility or good faith on the part of the applicant.

      4.  Any person adjudged a bankrupt, or any person against whose bondsman or bondsmen or deposit in lieu of bond a claim or claims have been collected by court order, who has not made full settlement with all producer-creditors, [shall] may not be licensed by the [department] division during the period of 3 years from the date of such adjudication or collection.


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ê1993 Statutes of Nevada, Page 1766 (Chapter 466, AB 782)ê

 

collected by court order, who has not made full settlement with all producer-creditors, [shall] may not be licensed by the [department] division during the period of 3 years from the date of such adjudication or collection.

      5.  The [department] division may refuse to accept a new application for a license by an applicant rejected pursuant to this section for a period not exceeding 3 years from the date of rejection of the first application.

      Sec. 882.  NRS 576.040 is hereby amended to read as follows:

      576.040  1.  Each applicant to whom a license to act as a dealer, broker or commission merchant is issued shall:

      (a) File one of the following:

             (1) A bond of a surety company authorized to do business in this state.

             (2) A bond with individual sureties owning unencumbered real property within this state subject to execution and worth, above all exemptions, double the amount of the bond.

             (3) A personal bond secured by a first deed of trust on real property within this state which is subject to execution and worth, above all exemptions, double the amount of the bond. When the applicant files the bond with the [department] division he shall also file a policy of title insurance on the real property from a title insurance company licensed in this state which states that the property is free and clear of all encumbrances and liens other than the first deed of trust. The applicant shall certify under oath that the property is worth at least twice the amount of the bond and that it is unencumbered. The certificate must be approved by the [department.] division.

The bond must be in the form prescribed by, and to the satisfaction of, the [department,] division, conditioned for the payment of a judgment against the applicant and arising out of the failure of the applicant or his agent to conduct his business in accordance with the provisions of this chapter, or for nonpayment of obligations in connection with the purchase and sale of livestock or farm products. The bond must provide that the surety company, if any, will notify the [department] division before the end of the second business day after any claim or judgment has been made against the bond. The aggregate liability of any surety to all claimants is limited to the amount of the bond for each licensing period.

      (b) File a copy of the bond required by the United States pursuant to the provisions of the Packers and Stockyards Act (7 U.S.C. § 204).

      (c) Furnish other security in the amount required by this section which is acceptable to the [department.] division.

      2.  In lieu of complying with one of the alternatives provided in subsection 1, the dealer, broker or commission merchant may deliver to the [department] division the receipt of a bank or trust company in this state showing the deposit with that bank or trust company of cash or of securities endorsed in blank by the owner thereof and of a market value equal at least to the required principal amount of the bond. The cash or securities must be deposited in escrow under an agreement conditioned as in the case of a bond. Any receipt must be accompanied by evidence that there are no unsatisfied judgments against the dealer, broker or commission merchant of record in the county or counties in which he is doing business or resides. An action for recovery against any such deposit may be brought in the same manner as in the case of an action for recovery on a bond filed under the provisions of NRS 576.042.


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ê1993 Statutes of Nevada, Page 1767 (Chapter 466, AB 782)ê

 

      3.  The amount of the bond, other security or deposit must be:

      (a) Based on the applicant’s annual volume of purchases, according to a schedule adopted by the [department;] division; and

      (b) Not less than $5,000 nor more than $100,000.

      4.  All bonds must be renewed or continued in accordance with regulations adopted by the [department.] division.

      5.  Any licensed dealer, broker or commission merchant who knowingly sells or otherwise encumbers real property which is the security for a bond under subsection 1, after a policy of title insurance on that property has been issued and while the bond is in force, is guilty of a gross misdemeanor.

      Sec. 883.  NRS 576.042 is hereby amended to read as follows:

      576.042  1.  Any:

      (a) Producer of livestock or farm products or his agent or consignee;

      (b) Licensed broker, dealer or commission merchant; or

      (c) Organization or association which is entirely nonprofit in character, such as the Nevada Fair of Mineral Industries, 4-H clubs, the Nevada junior livestock show, the Nevada state livestock show or the Nevada Hereford Association,

who is injured by any violation of the provisions of this chapter, or by any misrepresentations or fraud on the part of any licensed dealer, broker or commission merchant, may maintain a civil action against the dealer, broker or commission merchant. If the dealer, broker or commission merchant is licensed, he may also maintain an action against the surety on any bonds, or the money or securities deposited in lieu of a bond. In such an action against an unlicensed dealer, broker or commission merchant, the injured person is entitled to treble damages.

      2.  Any person having a claim pursuant to subsection 1 against any licensed dealer, broker or commission merchant must begin legal action on any bond, or money or securities deposited in lieu of a bond, for recovery of the amount claimed to be due within 1 year after the claim has accrued.

      3.  Pursuant to subsection 4 of NRS 576.030, process may be served by delivering to the [executive director] administrator duplicate copies of the process and paying a fee of $2. The service upon the [executive director] administrator shall be deemed service upon the dealer, broker or commission merchant. The [executive director] administrator shall forward one copy of the process by registered mail prepaid to the defendant dealer, broker or commission merchant, giving the day and hour of service. The defendant’s return receipt is prima facie evidence of the completion of service. If service of summons is made upon the [executive director] administrator in accordance with the provisions of this subsection, the time within which the defendant is required to appear is extended 10 days. The provisions of this subsection are not exclusive, but if a defendant dealer, broker or commission merchant is found within the State of Nevada, he must be served with process in the State of Nevada.

      Sec. 884.  NRS 576.045 is hereby amended to read as follows:

      576.045  If any licensed dealer, broker or commission merchant for any reason ceases to operate as such, the amount of money or securities deposited in lieu of a bond must be retained by the [department] division for 1 year. If after the expiration of 1 year after the cessation of such operation, no legal action has been commenced to recover against the money or securities, they must be delivered to the owner.


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ê1993 Statutes of Nevada, Page 1768 (Chapter 466, AB 782)ê

 

action has been commenced to recover against the money or securities, they must be delivered to the owner. If a legal action has been commenced within that time, all the money and securities must be held by the [department] division subject to the order of the district court.

      Sec. 885.  NRS 576.048 is hereby amended to read as follows:

      576.048  1.  If the [department] division receives notice from a producer of livestock or farm products or his agent or consignee of the default of a licensed dealer, broker or commission merchant, the [department] division shall issue an order to the licensee to show cause why his license should not be revoked. The notice must be in writing and set forth a time and place for a hearing to be held before the [director of the department.] administrator of the division.

      2.  If a license is revoked pursuant to subsection 1, the [department] division shall, by publication in a newspaper of general circulation in the area, notify all known producers of livestock or farm products in the area in which the licensee operated that the license has been revoked.

      Sec. 886.  NRS 576.050 is hereby amended to read as follows:

      576.050  1.  Each applicant for a license as a broker, dealer, commission merchant or cash buyer shall pay to the [department] division an annual license fee of $40.

      2.  Each applicant for a license as an agent shall pay to the [department] division an annual license fee of $10.

      Sec. 887.  NRS 576.060 is hereby amended to read as follows:

      576.060  1.  Upon receipt of an application for a license, accompanied by the license fee and a surety bond, other acceptable security, a copy of the bond required by the United States, or a deposit receipt, as provided in NRS 576.040, the [department] division shall examine the same and, subject to the provisions of NRS 576.120, upon the completion of its investigation, the [department] division shall grant the license as applied for.

      2.  The [department] division shall complete its investigation and either issue or deny the license within 30 days after receipt of the application, bond and other papers.

      Sec. 888.  NRS 576.080 is hereby amended to read as follows:

      576.080  Licenses [shall] must be in such form as the [department] division may prescribe, [shall] must be under the seal of the [department and shall] division and must set forth:

      1.  The name and address of the dealer, broker, commission merchant, cash buyer or agent.

      2.  The period of the license.

      3.  Such other information as the [department] division reasonably may require.

      4.  The amount of the bond, deposit or other security required by NRS 576.040.

      Sec. 889.  NRS 576.100 is hereby amended to read as follows:

      576.100  1.  No agent may act for any dealer, broker, cash buyer or commission merchant unless:

      (a) [Such] The dealer, broker, cash buyer or commission merchant is licensed and has designated the agent to act in his behalf; and


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ê1993 Statutes of Nevada, Page 1769 (Chapter 466, AB 782)ê

 

      (b) The [department] division has been notified in writing and has approved the appointment of [such] the agent.

      2.  The dealer, broker, cash buyer or commission merchant is accountable and responsible for contracts made by his agents.

      3.  An agent must, prior to approval by the [department,] division, file an application with the [department] division pursuant to paragraph (b) of subsection 3 of NRS 576.030.

      Sec. 890.  NRS 576.110 is hereby amended to read as follows:

      576.110  1.  The [department] division on its own motion may, or upon the verified complaint of any interested party shall, investigate, examine or inspect any transaction involving solicitation, receipt, sale or attempted sale of farm products by any person or persons acting or assuming to act as a dealer, agent, commission merchant or broker, the intentional making of false statements as to condition and quantity of any farm products received or in storage, the intentional making of false statements as to market conditions, the failure to make payment for farm products within the time required by this chapter, and all other injurious transactions.

      2.  In furtherance of any such investigation, examination or inspection, the [department] division or any authorized representative may examine that portion of the ledgers, books, accounts, memoranda and other documents, farm products, scales, measures and other articles and things used in connection with the business of such person relating to the transaction involved.

      Sec. 891.  NRS 576.120 is hereby amended to read as follows:

      576.120  1.  The [department] division may refuse to grant or renew a license or registration as provided in subsection 4 of NRS 576.140 or may suspend or revoke a license or registration as provided in subsection 4 of NRS 576.140 already granted if, after due notice and hearing, the [department] division is satisfied of the existence of any of the following facts, the existence of which is hereby declared to be a violation of this chapter:

      (a) That the applicant, or licensee, has intentionally made any false or misleading statement as to the conditions of the market for any farm products.

      (b) That the applicant, or licensee, has made fictitious sales or has been guilty of collusion to defraud the producer.

      (c) That the licensee was intentionally guilty of fraud or deception in the procurement of [such] the license.

      (d) That the applicant or licensee has in the handling of any farm products been guilty of fraud, deceit, or willful negligence.

      (e) That the licensee, without reasonable cause, has failed or refused to execute or carry out a lawful contract with a producer.

      (f) That the licensee, without reasonable cause, has issued checks for payment of farm products received without sufficient funds to cover them or has stopped payment on a check given in payment for farm products received.

      (g) That the licensee, without reasonable cause, has failed to account or make payment for farm products as required by this chapter.

      (h) That the licensee has knowingly employed an agent, as defined in subsection 1 of NRS 576.010, without causing [such] the agent to comply with the licensing requirements of this chapter applicable to agents.

      (i) That the licensee has failed or refused to keep, maintain and file records as required by this chapter.


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ê1993 Statutes of Nevada, Page 1770 (Chapter 466, AB 782)ê

 

      (j) That the licensee has failed or refused to keep and maintain a bond or other security as required by the provisions of NRS 576.040.

      2.  The [department] division may suspend, pending inquiry, for not longer than 30 days, and after hearing or investigation may refuse to grant, renew or revoke any license as the case may require, when it is satisfied that the licensee has become bankrupt or insolvent, and is thereby unable to pay producer-creditors of the licensee, or producers with whom the licensee has executory or executed contracts for the purchase of farm products, or for the handling of farm products on consignment.

      3.  A license [shall be] is suspended automatically, without action of the [department,] division if the bond filed pursuant to subsection 1 of NRS 576.040 is canceled, and [shall remain] remains suspended until [such] the bond is renewed.

      4.  In the case of any hearing held under the provisions of this section, there [shall] must be filed in the office of the [department] division a memorandum stating briefly the reasons of the [department] division for the denial, suspension or revocation of the license, but formal findings of fact need not be made or filed.

      Sec. 892.  NRS 576.123 is hereby amended to read as follows:

      576.123  1.  Every commission merchant, having received any farm products for sale as [such] a commission merchant, shall promptly make and keep a correct record showing in detail the following with reference to the handling, sale or storage of [such] the farm products:

      (a) The name and address of the consignor.

      (b) The date received.

      (c) The condition and quantity upon arrival.

      (d) Date of such sale for account of the consignor.

      (e) The price for which sold.

      (f) An itemized statement of the charges to be paid by the consignor in connection with the sale.

      (g) The names and addresses of all purchasers if the commission merchant has any financial interest in the business of the purchasers, or if the purchasers have any financial interest in the business of the commission merchant, directly or indirectly, as holder of the other’s corporate stock, as copartner, as lender or borrower of money to or from the other, or otherwise, [such interest shall] the interest must be noted in the records following the name of [such] the purchaser.

      (h) A lot number or other identifying mark for each consignment, which number or mark [shall] must appear on all sales tags and other essential records needed to show [what] the amount for which the farm products actually sold . [for.]

      (i) Any claim or claims which have been or may be filed by the commission merchant against any person for overcharges or for damages resulting from the injury or deterioration of [such] the farm products by the act, neglect or failure of [such person; and such records shall] the person. The records must be open to the inspection of the [executive director] administrator and the consignor of farm products for whom [such] the claim or claims are made.


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ê1993 Statutes of Nevada, Page 1771 (Chapter 466, AB 782)ê

 

      2.  Every dealer purchasing any farm products from the producer thereof shall promptly make and keep for 1 year a correct record showing in detail the following:

      (a) The name and address of the grower.

      (b) The date received.

      (c) The price to be paid.

      (d) An itemized statement of any charges paid by the dealer for the account of the producer.

      3.  Every broker, upon negotiating the sale of farm products, shall issue to both buyer and seller a written memorandum of sale, showing price, date of delivery, quality and other details concerned in the transaction. A copy of the memorandum [shall] must be retained by the broker for a period of 1 year.

      Sec. 893.  NRS 576.125 is hereby amended to read as follows:

      576.125  1.  When requested by his consignor, a commission merchant shall, before the close of the next business day following the sale of any farm products consigned to him, transmit or deliver to the owner or consignor of the farm products a true written account of [such] the sale, showing the amount sold and the selling price. Remittance in full of the amount realized from such sales, including all collections, overcharges and damages, less the agreed commission and other charges, together with a complete account of sales, must be made to the consignor within 10 days after receipt of the money by the commission merchant, unless otherwise agreed in writing.

      2.  Every commission merchant shall retain a copy of all records covering each transaction for a period of 1 year from the date thereof, which copy must at all times be available for and open to the confidential inspection of the [executive director] administrator and the consignor, or authorized representative of either.

      3.  Every dealer shall pay for farm products delivered to him at the time and in the manner specified in the contract with the producer, but if no time is set by the contract, or at the time of the delivery, then within 30 days [from] after the delivery or taking possession of the farm products, except that livestock whose sale is subject to the Packers and Stockyards Act , [(] 7 U.S.C. §§ 181 to 231, inclusive , [)] must be paid for within the time required by that act and any applicable regulations adopted thereunder.

      4.  A person who, with the intent to defraud, fails to make full payment for farm products purchased pursuant to this chapter within 10 days after receiving written notice of the fact that the payment is past due:

      (a) Is guilty of a gross misdemeanor, if the amount owed is $1,000 or less.

      (b) Shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000, if the amount owed is more than $1,000.

      Sec. 894.  NRS 576.127 is hereby amended to read as follows:

      576.127  1.  Each dealer, commission merchant and cash buyer operating a motor vehicle in the conduct of his licensed business shall carry on [such] the motor vehicle a manifest on a form to be prescribed or approved by the [department] division showing:

      (a) A description of the cargo on the motor vehicle.

      (b) The brand inspection certificate number for any livestock being transported.


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ê1993 Statutes of Nevada, Page 1772 (Chapter 466, AB 782)ê

 

      (c) Where and from whom the cargo was purchased.

      (d) The weight or measure upon which the purchase was made and, if purchased upon weight, where and by whom weighed and the weight obtained at the weighing.

      2.  [Such manifest shall] The manifest must be executed in triplicate. One copy [shall] must be given to the consignor or seller. One copy [shall] must be retained by the licensee, and the original, signed by the licensee, [shall] must be transmitted immediately to the [department.] division.

      3.  False statements on a manifest as to the nature, quantity, weight, count, grade, quality or any other essential feature of the cargo [shall] constitute grounds for suspension or cancellation of the licensee’s license issued pursuant to this chapter.

      Sec. 895.  NRS 576.133 is hereby amended to read as follows:

      576.133  When the [executive director] administrator believes, on the basis of a verified complaint or of an investigation made pursuant to NRS 576.110, that any licensee or person assuming to transact business for which a license is required under this chapter is violating or is about to violate any provision of this chapter, he may order [such] the licensee or other person to cease and desist from [such] the unlawful practice. [Such order shall cease] The order ceases to be effective upon the expiration of 10 days, exclusive of Saturdays, Sundays and other nonjudicial days, from its date of issuance unless a court has, pursuant to NRS 576.135, issued an order which continues [such] the restraint.

      Sec. 896.  NRS 576.135 is hereby amended to read as follows:

      576.135  Whenever any licensee or person assuming to transact business for which a license is required under this chapter has engaged or is about to engage in any acts or practices which constitute or will constitute an offense against this chapter or the rules and regulations adopted by the [department] division pursuant to law, the district court of any county, on application of the [executive director,] administrator, may issue an injunction or other appropriate order restraining such conduct. Proceedings under this section [shall be] are governed by Rule 65 of the Nevada Rules of Civil Procedure, except that no bond or undertaking [shall be] is required in any action commenced by the [executive director.] administrator.

      Sec. 897.  NRS 576.137 is hereby amended to read as follows:

      576.137  A cash purchaser, purchasing for his own use, may be exempted by the [department] division from the requirements of this chapter upon his filing an affidavit stating such facts as may be required by the [department.] division.

      Sec. 898.  NRS 576.140 is hereby amended to read as follows:

      576.140  Except as otherwise provided in NRS 576.042, the provisions of this chapter do not apply to:

      1.  The Nevada Fair of Mineral Industries, 4-H clubs, the Nevada junior livestock show, the Nevada state livestock show, the Nevada Hereford Association, or any other organization or association which is entirely nonprofit in character.

      2.  Any railroad transporting livestock either interstate or intrastate.


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ê1993 Statutes of Nevada, Page 1773 (Chapter 466, AB 782)ê

 

      3.  Any farmer or rancher purchasing or receiving livestock for grazing, pasturing or feeding on his premises within the State of Nevada and not for immediate resale.

      4.  Operators of public livestock auctions as defined in NRS 573.010, and all buyers of livestock at such auctions at which the public livestock auction licensee does not control title or ownership to the livestock being sold or purchased at such auctions, and any person buying for interstate shipments only and subject to and operating under a bond required by the United States pursuant to the provisions of the Packers and Stockyards Act (7 U.S.C. § 204) and the regulations adopted thereunder. All persons exempted by the provisions of this subsection shall register annually with the [department,] division, giving the location of their place of business, the number of their license and bond and the expiration date thereof. Each such registrant shall pay an annual registration fee of $40 to the [department.] division.

      5.  Any farmer or rancher whose farm or ranch is located in the State of Nevada, who buys or receives farm products or livestock from another farmer or rancher not for immediate resale.

      6.  Any retail merchant having a fixed and established place of business in this state and who conducts a retail business exclusively.

      Sec. 899.  NRS 576.150 is hereby amended to read as follows:

      576.150  1.  Except as otherwise provided by a specific statute, a person who acts as a dealer, broker, commission merchant, cash buyer or agent without a license therefor as required by this chapter, or who violates any other provision of this chapter, or any of the regulations lawfully adopted pursuant to provisions of this chapter, is guilty of a misdemeanor. If the violation relates to the failure to make payment for farm products, an intent to defraud must be proven before a misdemeanor or other penalty may be imposed.

      2.  Any prosecution brought pursuant to this chapter may be brought in any county of this state in which the defendant or any one of the defendants resides, or in which the unlawful act was committed, or in which the defendant or any one of the defendants has his principal place of business.

      3.  In addition to any criminal penalty imposed pursuant to, or any remedy provided by, this chapter, the [executive director,] administrator, after notice and hearing in an administrative proceeding, may issue an order against any person who has violated any provision of this chapter or any regulation adopted pursuant to this chapter imposing a civil penalty of not more than $5,000 for each violation. Any civil penalty collected pursuant to this subsection must be deposited in the state general fund.

      Sec. 900.  NRS 581.030 is hereby amended to read as follows:

      581.030  The [executive director of the state department of agriculture] administrator of the division of agriculture of the department of business and industry is hereby designated and constituted ex officio state sealer of weights and measures, and is charged with the proper enforcement of the provisions of this chapter.

      Sec. 901.  NRS 581.500 is hereby amended to read as follows:

      581.500  1.  The council, consisting of seven members appointed by the governor, is hereby created within the [state department of agriculture.] division of agriculture of the department of business and industry.


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ê1993 Statutes of Nevada, Page 1774 (Chapter 466, AB 782)ê

 

      2.  The governor shall appoint:

      (a) One member from business.

      (b) One member from the engineering profession.

      (c) One member from a trade organization.

      (d) One member from industry.

      (e) One member from a labor organization.

      (f) One member from the faculty of a university in the University of Nevada System.

      (g) One member from the faculty of a public elementary or secondary school.

      Sec. 902.  NRS 581.520 is hereby amended to read as follows:

      581.520  1.  The council may accept gifts or grants from any source, and expend money so received or otherwise available to it to contract with qualified persons or institutions for research in matters related to conversion to the metric system of weights and measures.

      2.  There is hereby created in the state treasury the metric system trust fund. The [executive director of the state department of agriculture] administrator of the division of agriculture of the department of business and industry is responsible for the administration of the trust fund and shall deposit with the state treasurer for credit to the trust fund any money obtained by the council pursuant to this section. Claims against the trust fund must be approved by the council and paid as other claims against the state are paid.

      Sec. 903.  NRS 581.530 is hereby amended to read as follows:

      581.530  The council shall:

      1.  Conduct appropriate research and investigations to determine the problems faced by business, industry, science, engineering, education, labor, governmental agencies and the people of Nevada in a transition to the metric system.

      2.  Provide information on the metric system and on conversion to its use.

      3.  Recommend legislation and amendments to regulations of executive agencies to provide for a smooth transition to the metric system.

      4.  Cooperate with the United States Metric Board where appropriate.

      5.  Report to the legislature and to the governor through the [executive director of the state department of agriculture,] administrator of the division of agriculture of the department of business and industry during the month of January of each odd-numbered year, on its activities and the progress toward conversion to the metric system of weights and measures.

      6.  Perform other duties necessary to carry out the provisions of NRS 581.500 to 581.540, inclusive.

      Sec. 904.  NRS 583.055 is hereby amended to read as follows:

      583.055  1.  The [state department of agriculture] division of agriculture of the department of business and industry shall establish a program for grading and certifying meats, prepared meats and meat products in conformity with federal practice.

      2.  The [department] division may enter into cooperative agreements with the Agricultural Marketing Service of the United States Department of Agriculture and the college of agriculture of the University of Nevada and adopt appropriate regulations to carry out the program.


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ê1993 Statutes of Nevada, Page 1775 (Chapter 466, AB 782)ê

 

      3.  The [department] division may establish fees, to be collected from slaughtering or other processing operations, for the purpose of grading and certifying meats, prepared meats and meat products.

      Sec. 905.  NRS 584.235 is hereby amended to read as follows:

      584.235  The commissioner of food and drugs shall make uniform regulations for the proper enforcement of NRS 584.215 to 584.285, inclusive . [, and they] The regulations must be printed in the state printing and micrographics division of the department of [general services] administration and distributed by the commissioner of food and drugs upon application therefor to licensed or other dairymen, creameries and other persons interested in them.

      Sec. 906.  NRS 584.420 is hereby amended to read as follows:

      584.420  The state dairy commission, consisting of three members, is hereby created [.] within the department of business and industry.

      Sec. 907.  NRS 584.472 is hereby amended to read as follows:

      584.472  1.  Written notice of any hearing held by the commission [shall] must be mailed to the consumer affairs division of the department of [commerce.] business and industry.

      2.  The division may file with the commission any statement concerning the proposed action and may appear at the hearing to give evidence concerning the proposed action.

      Sec. 908.  Chapter 586 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Administrator” means the administrator of the division of agriculture of the department of business and industry.

      Sec. 909.  NRS 586.020 is hereby amended to read as follows:

      586.020  [For the purposes of] As used in NRS 586.010 to 586.450, inclusive, and section 908 of this act, the words and terms defined in NRS 586.030 to 586.220, inclusive, [shall] and section 908 of this act, have the meanings ascribed to them [therein] in those sections unless the context otherwise requires.

      Sec. 910.  NRS 586.053 is hereby amended to read as follows:

      586.053  “Certified applicator” means any person who is certified by the [executive director] administrator as qualified to use or supervise the use of any restricted-use pesticide.

      Sec. 911.  NRS 586.060 is hereby amended to read as follows:

      586.060  “Device” means any instrument or contrivance intended for trapping, destroying, repelling or mitigating insects or rodents, or destroying, repelling or mitigating fungi or weeds, or such other pests as [may be] designated by the [executive director,] administrator, but not including equipment used for the application of pesticides when sold separately therefrom.

      Sec. 912.  NRS 586.195 is hereby amended to read as follows:

      586.195  “Pesticide” means but is not limited to:

      1.  Any substance or mixture of substances, including any living organisms or any product derived therefrom or any fungicide, herbicide, insecticide, nematocide or rodenticide, intended to prevent, destroy, control, repel, attract or mitigate any insect, rodent, nematode, snail, slug, fungus, weed and any other form of plant or animal life or virus , [(] except virus on or in living man or other animals , [)] which is normally considered to be a pest or which the [executive director may declare] administrator declares to be a pest.


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ê1993 Statutes of Nevada, Page 1776 (Chapter 466, AB 782)ê

 

living man or other animals , [)] which is normally considered to be a pest or which the [executive director may declare] administrator declares to be a pest.

      2.  Any substance or mixture of substances intended to be used as a plant regulator, defoliant, desiccant, and any other substances intended for such use as [may be] is named by the [executive director] administrator by regulation after calling a public hearing for such purpose.

      Sec. 913.  NRS 586.205 is hereby amended to read as follows:

      586.205  “Restricted-use pesticide” means any pesticide, including any highly toxic pesticide, which:

      1.  The [executive director] administrator has found and determined, subsequent to a hearing, to be:

      (a) Injurious to persons, pollinating insects, bees, animals, crops or land, other than pests or vegetation it is intended to prevent, destroy, control or mitigate; or

      (b) Detrimental to [vegetation (except weeds), wildlife or to the public] :

             (1) Vegetation, except weeds;

             (2) Wildlife; or

             (3) Public health and safety; or

      2.  Has been classified for restricted use by or under the supervision of a certified applicator in accordance with the Federal Environmental Pesticide Control Act (7 U.S.C. §§ 136 et seq.).

      Sec. 914.  NRS 586.210 is hereby amended to read as follows:

      586.210  “Rodenticide” means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating rodents or any other vertebrate animal which the [executive director shall declare] administrator declares to be a pest.

      Sec. 915.  NRS 586.230 is hereby amended to read as follows:

      586.230  Jurisdiction in all matters pertaining to the distribution, sale and transportation of pesticides and devices is by NRS 586.010 to 586.450, inclusive, vested exclusively in the [executive director.] administrator.

      Sec. 916.  NRS 586.250 is hereby amended to read as follows:

      586.250  1.  Every pesticide which is distributed, sold, or offered for sale within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state [shall] must be registered in the office of the [executive director and such registration shall be] administrator and renewed annually.

      2.  Products which have the same formula and are manufactured by the same person, the labeling of which contains the same claims, and the labels of which bear a designation identifying the product as the same pesticide may be registered as a single pesticide. Additional names and labels [shall] may be added by supplemental statements during the current period of registration.

      Sec. 917.  NRS 586.260 is hereby amended to read as follows:

      586.260  1.  The registrant shall file with the [executive director] administrator a statement including:

      (a) The name and address of the registrant and the name and address of the person whose name will appear on the label, if other than the registrant.

      (b) The name of the pesticide.


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ê1993 Statutes of Nevada, Page 1777 (Chapter 466, AB 782)ê

 

      (c) A complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for it, including directions for use.

      (d) If requested by the [executive director,] administrator, a full description of the tests made and the results thereof upon which the claims are based.

      2.  In case of renewal of registration, a statement [shall be] is required only with respect to information which is different from that furnished when the pesticide was registered or last reregistered.

      Sec. 918.  NRS 586.270 is hereby amended to read as follows:

      586.270  The registrant shall pay an annual registration fee in an amount fixed by the [executive director] administrator not to exceed $25 for each pesticide registered.

      Sec. 919.  NRS 586.280 is hereby amended to read as follows:

      586.280  1.  Whenever the [executive director] administrator deems it necessary in the administration of NRS 586.010 to 586.450, inclusive, he may require the submission of the complete formula of any pesticide.

      2.  If it appears to the [executive director] administrator that the composition of the article is such as to warrant the proposed claims for it, and if the article and its labeling and other material required to be submitted comply with the requirements of NRS 586.350 to 586.410, inclusive, he shall register the article.

      Sec. 920.  NRS 586.290 is hereby amended to read as follows:

      586.290  1.  If it does not appear to the [executive director] administrator that the article is such as to warrant the proposed claims for it, or if the article and its labeling and other material required to be submitted do not comply with the provisions of NRS 586.010 to 586.450, inclusive, he shall notify the registrant of the manner in which the article, labeling, or other material required to be submitted fails to comply with NRS 586.010 to 586.450, inclusive, so as to afford him an opportunity to make the necessary corrections.

      2.  In no event [shall] is the registration of an article [be construed as] a defense for the commission of any offense prohibited under NRS 586.350 to 586.410, inclusive.

      Sec. 921.  NRS 586.310 is hereby amended to read as follows:

      586.310  The [executive director] administrator is authorized, after opportunity for a hearing:

      1.  To declare as a pest any form of plant life or animal life or virus which is injurious to plants, men, domestic animals, articles or substances.

      2.  To determine whether pesticides are highly toxic to men.

      3.  To determine standards of coloring or discoloring for pesticides, and to subject pesticides to the requirements of NRS 586.380.

      Sec. 922.  NRS 586.330 is hereby amended to read as follows:

      586.330  To avoid confusion endangering the public health resulting from diverse requirements, particularly as to the labeling and coloring of pesticides, and to avoid increased costs to the people of this state due to the necessity of complying with diverse requirements in the manufacture and sale of pesticides, it is desirable that there be uniformity between the requirements of the several states and the Federal Government relating to pesticides. To this end the [executive director] administrator is authorized, after a public hearing, to adopt such regulations applicable to and in conformity with the primary standards established by NRS 586.010 to 586.450, inclusive, as have been or may be prescribed by the United States Environmental Protection Agency with respect to pesticides.


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ê1993 Statutes of Nevada, Page 1778 (Chapter 466, AB 782)ê

 

primary standards established by NRS 586.010 to 586.450, inclusive, as have been or may be prescribed by the United States Environmental Protection Agency with respect to pesticides.

      Sec. 923.  NRS 586.335 is hereby amended to read as follows:

      586.335  1.  The [executive director] administrator shall endeavor to eliminate from use in this state any pesticide:

      (a) Which endangers the agricultural or nonagricultural environment;

      (b) Which is not beneficial for the purposes for which it is sold; or

      (c) Which is misrepresented.

      2.  In carrying out this responsibility, he shall develop an orderly program for the continuous evaluation of all pesticides actually registered.

      Sec. 924.  NRS 586.339 is hereby amended to read as follows:

      586.339  1.  Pursuant to NRS 586.335 the [executive director] administrator may, after hearing, cancel the registration of, or refuse to register, any pesticide:

      (a) Which has demonstrated serious uncontrollable adverse effects either within or outside the agricultural environment.

      (b) The use of which is of less public value or greater detriment to the environment than the benefit received by its use.

      (c) For which there is a reasonably effective and practicable alternate material or procedure which is demonstrably less destructive to the environment.

      (d) Which, when properly used, is detrimental to [vegetation (except weeds), to domestic animals or to the public] :

             (1) Vegetation, except weeds;

             (2) Domestic animals; or

             (3) Public health and safety.

      (e) Which is of little or no value for the purpose for which it is intended.

      (f) Concerning which any false or misleading statement is made or implied by the registrant or his agent, either verbally or in writing, or in the form of any advertising literature.

      2.  In making any such determination, the [executive director] administrator may require such practical demonstrations as are necessary to determine the facts.

      3.  If the [executive director] administrator has reason to believe that any of the conditions stated in subsection 1 are applicable to any registered pesticide and that the use or continued use of [such] the pesticide constitutes an immediate substantial danger to persons or to the environment, he may, after notice to the registrant, suspend the registration of [such] the pesticide pending a hearing and final decision.

      Sec. 925.  NRS 586.350 is hereby amended to read as follows:

      586.350  It [shall be] is unlawful for any person to distribute, sell or offer for sale within this state or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state any pesticide which has not been registered pursuant to the provisions of NRS 586.250 to 586.300, inclusive, or any pesticide if any of the claims made for it or any of the directions for its use differ in substance from the representations made in connection with its registration, or if the composition of a pesticide differs from its composition as represented in connection with its registration [; but,] , except that, in the discretion of the [executive director,] administrator, a change in the labeling or formula of a pesticide may be made within a registration period without requiring reregistration of the product.


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ê1993 Statutes of Nevada, Page 1779 (Chapter 466, AB 782)ê

 

its registration [; but,] , except that, in the discretion of the [executive director,] administrator, a change in the labeling or formula of a pesticide may be made within a registration period without requiring reregistration of the product.

      Sec. 926.  NRS 586.360 is hereby amended to read as follows:

      586.360  It [shall be] is unlawful for any person to distribute, sell or offer for sale within this state or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state any pesticide unless it is in the registrant’s or the manufacturer’s unbroken immediate container and there is affixed to [such] the container, and to the outside container or wrapper of the retail package, if there be one through which the required information on the immediate container cannot be clearly read, a label bearing:

      1.  The name and address of the manufacturer, registrant or person for whom manufactured.

      2.  The name, brand or trademark under which the article is sold.

      3.  The net weight or measure of the content, subject, however, to such reasonable variations as the [executive director] administrator may permit.

      Sec. 927.  NRS 586.380 is hereby amended to read as follows:

      586.380  1.  It [shall be] is unlawful for any person to distribute, sell or offer for sale within this state or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state the pesticides commonly known as standard lead arsenate, basic lead arsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodium fluoride, sodium fluorosilicate, and barium fluorosilicate, and those containing mercurial compounds, unless they have been distinctly colored or discolored as provided by regulations issued in accordance with NRS 586.010 to 586.450, inclusive, or any other white powder pesticide which the [executive director,] administrator, after investigation of and after public hearing on the necessity for such action for the protection of the public health and the feasibility of such coloration or discoloration, [shall] by regulation [require] requires to be distinctly colored or discolored, unless it has been so colored or discolored.

      2.  The [executive director] administrator may exempt any pesticide to the extent that it is intended for a particular use or uses from the coloring or discoloring required or authorized by this section if he determines that such coloring or discoloring for such use or uses is not necessary for the protection of the public health.

      Sec. 928.  NRS 586.401 is hereby amended to read as follows:

      586.401  1.  The [executive director] administrator shall adopt regulations governing the application and distribution of any pesticides which he finds must necessarily be applied in pest control but which unless carefully used are likely to be:

      (a) Injurious to persons, pollinating insects, bees, animals, crops or land, other than the pest or vegetation it is intended to prevent, destroy, control or mitigate; or

      (b) Detrimental to [vegetation (except weeds), wildlife or to the public] :

             (1) Vegetation, except weeds;

             (2) Wildlife; or


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ê1993 Statutes of Nevada, Page 1780 (Chapter 466, AB 782)ê

 

             (3) Public health and safety.

      2.  The [executive director] administrator in classifying pesticides as “restricted-use pesticides” shall determine if:

      (a) They are highly toxic to man or other animals, including wildlife.

      (b) The regulations governing their application and distribution are reasonably calculated to avoid injury and are necessary for their proper use.

      (c) The benefit received from their use is of greater public value than a detriment to the environment, public health and safety.

      (d) They can be used by permit for purposes other than their registered purposes.

      3.  The [executive director] administrator may adopt such other rules and regulations as are necessary to carry out the provisions of this chapter, including, but not limited to:

      (a) The collection and examination of pesticides.

      (b) The use of certain types of containers or packages for specific pesticides, applicable to construction, strength or size to avoid the danger of spillage, breakage or misuse.

      (c) The safe handling, transportation, storage, display, distribution and disposal of pesticides and their containers.

      (d) The information to be recorded and maintained of the sale, use and distribution of pesticides classified for restricted use.

      Sec. 929.  NRS 586.405 is hereby amended to read as follows:

      586.405  1.  The [executive director] administrator may issue a special use permit authorizing the use of a pesticide for a purpose other than that for which it is registered. [Such permit shall] The permit must set forth:

      (a) The name and dosage rate of the pesticide or other material to be used.

      (b) The type of pest to be controlled.

      (c) The crop or property to be treated.

      2.  [Such] The special use permit may limit the time, quantity, area and manner of application.

      Sec. 930.  NRS 586.406 is hereby amended to read as follows:

      586.406  1.  It is unlawful for any person to sell or offer to sell at the retail level or distribute or deliver for transportation for delivery to the consumer or user a pesticide classified for restricted use pursuant to NRS 586.401 or the Federal Environmental Pesticide Control Act (7 U.S.C. §§ 136 et seq.) without first being registered with the [executive director.] administrator.

      2.  Each person applying for registration shall provide a statement including:

      (a) The name and address of the person registering; and

      (b) The name and address of any person who, on behalf of the person registering, sells, offers to sell, distributes or delivers for transportation a restricted-use pesticide.

      3.  All registrations expire on December 31 and are renewable annually.

      4.  Each person registering shall pay:

      (a) An annual registration fee of $10; and


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ê1993 Statutes of Nevada, Page 1781 (Chapter 466, AB 782)ê

 

      (b) A penalty fee of $5 if his previous registration has expired by the failure to reregister on or before February 1, unless his registration is accompanied by a signed statement that no person named on the registration statement has sold or distributed any restricted-use pesticides during the period of the year during which the registration was not in effect.

      5.  All persons registered shall maintain and keep for a period of 2 years a record of all sales of restricted-use pesticides showing:

      (a) The date of sale or delivery;

      (b) The name and address of the person to whom sold or delivered;

      (c) The brand name of the pesticide product;

      (d) The amount of pesticide product sold or delivered; and

      (e) Such other information as may be required by the [executive director.] administrator.

      Sec. 931.  NRS 586.4065 is hereby amended to read as follows:

      586.4065  The [executive director] administrator may refuse to grant or renew a registration under NRS 586.406 or may suspend or revoke such registration if, after due notice and hearing, he is satisfied that:

      1.  The person registered has, without reasonable cause, failed to record information as required by NRS 586.406 or by regulation [promulgated] adopted by the [executive director;] administrator;

      2.  The person registered has made a fictitious or false entry in the required records; or

      3.  The applicant has made sales or delivery of restricted-use pesticides without first registering with the [executive director.] administrator.

      Sec. 932.  NRS 586.407 is hereby amended to read as follows:

      586.407  It [shall be] is unlawful for any person to sell or deliver any restricted-use pesticide to any person who is required by the regulations adopted by the [executive director] administrator to have a permit to use such material, unless the person or his agent to whom delivery is made signs a written statement in a form prescribed by the [executive director] administrator stating that [such] the person holds a valid permit to use the kind and quantity of [such] the restricted-use pesticide which is delivered.

      Sec. 933.  NRS 586.410 is hereby amended to read as follows:

      586.410  It [shall be] is unlawful for any person to use for his own advantage, or to reveal, other than to the [executive director] administrator or proper officials or employees of the state, or to the courts of this state in response to a subpena, or to physicians, or in emergencies to pharmacists and other qualified persons, for use in the preparation of antidotes, any information relative to formulas of products acquired by authority of NRS 586.280.

      Sec. 934.  NRS 586.420 is hereby amended to read as follows:

      586.420  1.  The penalties provided for violations of NRS 586.350 to 586.390, inclusive, [shall] do not apply to:

      (a) Any carrier while lawfully engaged in transporting a pesticide within this state, if [such carrier shall,] the carrier, upon request, [permit the executive director] permits the administrator or his designated agent to copy all records showing the transactions in and movement of the articles.

      (b) Public officials of this state and the Federal Government engaged in the performance of their official duties.

      (c) The manufacturer or shipper of a pesticide for experimental use only:


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ê1993 Statutes of Nevada, Page 1782 (Chapter 466, AB 782)ê

 

             (1) By or under the supervision of an agency of this state or of the Federal Government authorized by law to conduct research in the field of pesticides; or

             (2) By others if the pesticide is not sold and if the container thereof is plainly and conspicuously marked “For experimental use only—Not to be sold,” together with the manufacturer’s name and address , [;] but if a written permit has been obtained from the [executive director,] administrator, pesticides may be sold for experimental purposes subject to such restrictions and conditions as may be set forth in the permit.

      2.  No article shall be deemed in violation of NRS 586.010 to 586.450, inclusive, when intended solely for export to a foreign country, and when prepared or packed according to the specifications or directions of the purchaser. If not so exported, all the provisions of NRS 586.010 to 586.450, inclusive, [shall] apply.

      Sec. 935.  NRS 586.430 is hereby amended to read as follows:

      586.430  1.  The examination of pesticides or devices [shall] must be made under the direction of the [executive director] administrator for the purpose of determining whether they comply with the requirements of NRS 586.010 to 586.450, inclusive. If it [shall appear from such] appears from the examination that a pesticide or device fails to comply with the provisions of NRS 586.010 to 586.450, inclusive, and the [executive director] administrator contemplates instituting criminal proceedings against any person, the [executive director] administrator shall cause appropriate notice to be given to [such] the person. Any person so notified [shall] must be given an opportunity to present his views, either orally or in writing, with regard to such contemplated proceedings, and if thereafter in the opinion of the [executive director it shall appear] administrator it appears that the provisions of NRS 586.010 to 586.450, inclusive, have been violated by [such person, then the executive director] the person, the administrator shall refer the facts to the district attorney of the county in which the violation [shall have] occurred with a copy of the results of the analysis or the examination of [such] the article. Nothing in NRS 586.010 to 586.450, inclusive, [shall be construed as requiring the executive director] requires the administrator to report any act or failure to act for prosecution or for the institution of libel proceedings, or to report minor violations of NRS 586.010 to 586.450, inclusive, whenever he believes that the public interest will be best served by a suitable notice of warning in writing.

      2.  Each district attorney to whom any such violation is reported shall cause appropriate proceedings to be instituted and prosecuted in a court of proper jurisdiction without delay.

      3.  The [executive director] administrator shall, by publication in such manner as he may prescribe, give notice of all judgments entered in actions instituted under the authority of NRS 586.010 to 586.450, inclusive.

      Sec. 936.  Chapter 587 of NRS is hereby amended by adding thereto the provisions set forth as sections 937 and 938 of this act.

      Sec. 937.  “Administrator” means the administrator of the division of agriculture of the department of business and industry.

      Sec. 938.  “Administrator” means the administrator of the division of agriculture of the department of business and industry.


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ê1993 Statutes of Nevada, Page 1783 (Chapter 466, AB 782)ê

 

      Sec. 939.  NRS 587.015 is hereby amended to read as follows:

      587.015  As used in NRS 587.015 to 587.123, inclusive, and section 937 of this act, unless the context otherwise requires, the words and terms defined in NRS 587.017 to 587.073, inclusive, and section 937 of this act, have the meanings ascribed to them in those sections.

      Sec. 940.  NRS 587.019 is hereby amended to read as follows:

      587.019  “Agricultural seeds” includes the seeds of grass, forage, cereal and fiber crops and any other kinds of seeds commonly recognized within this state as agricultural seeds, lawn seeds and mixtures of such seeds, and may include any other kind of seeds when the [executive director] administrator determines that such seed is being used as agricultural seed.

      Sec. 941.  NRS 587.027 is hereby amended to read as follows:

      587.027  [“Department” means the state department of agriculture.] “Division” means the division of agriculture of the department of business and industry.

      Sec. 942.  NRS 587.075 is hereby amended to read as follows:

      587.075  The [executive director] administrator shall administer and enforce the provisions of NRS 587.015 to 587.123, inclusive.

      Sec. 943.  NRS 587.077 is hereby amended to read as follows:

      587.077  The [department] division is designated as the official seed-certifying agency for the State of Nevada. The [executive director] administrator shall, by rules or regulations, [promulgate] adopt and enforce standards governing the certification of seed as to variety, purity, quality or other matters relating thereto, and shall establish a schedule of fees for such certification.

      Sec. 944.  NRS 587.079 is hereby amended to read as follows:

      587.079  The [executive director] administrator may do service grain grading, including testing for dockage and moisture, and may establish a schedule of fees for such grading and testing.

      Sec. 945.  NRS 587.081 is hereby amended to read as follows:

      587.081  The [executive director] administrator or his authorized representatives shall:

      1.  Sample, inspect, make analysis of and test seeds subject to NRS 587.015 to 587.123, inclusive, that are transported, sold, offered or exposed for sale within the state for sowing purposes, at such time and place and to such extent as may be necessary to determine whether the seeds are in compliance with NRS 587.015 to 587.123, inclusive.

      2.  Notify promptly the person who transported, sold, offered or exposed the seed for sale of any violation.

      Sec. 946.  NRS 587.083 is hereby amended to read as follows:

      587.083  1.  The [executive director] administrator shall adopt regulations:

      (a) Governing the terms and methods used in sampling, inspecting, analyzing, testing and examining seeds subject to NRS 587.015 to 587.123, inclusive, and the tolerances to be used.

      (b) Establishing a list of prohibited and restricted noxious weeds and prescribing the maximum rate of occurrence per pound of seeds of restricted noxious weeds which may be associated with any seeds. A noxious weed may be prohibited if it is highly destructive and difficult to control in this state by ordinary good cultural or chemical practice and restricted if it is objectionable or injurious in fields, lawns and gardens of this state, but can be controlled by good cultural or chemical practices.


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ê1993 Statutes of Nevada, Page 1784 (Chapter 466, AB 782)ê

 

ordinary good cultural or chemical practice and restricted if it is objectionable or injurious in fields, lawns and gardens of this state, but can be controlled by good cultural or chemical practices.

      (c) Establishing minimum standards of germination for seeds of vegetables, herbs and flowers.

      (d) Defining the terms to be used in labeling seeds.

      (e) Establishing a list of the species of trees and shrubs subject to the labeling requirements of subsection 7 of NRS 587.105.

      (f) Establishing the duration of the validity of testing to determine the percentage of germination of seeds subject to the requirements for labeling as set forth in NRS 587.091 to 587.105, inclusive, before the sale, offering for sale or transporting of these seeds.

      (g) For the labeling of seeds of flowers in respect to kind and variety or the characteristics of type and performance as required by NRS 587.101 and 587.103.

      (h) Establishing a list of the kinds of seeds of flowers which are subject to the labeling requirements of NRS 587.101 and 587.103.

      2.  The [executive director] administrator may adopt such other regulations as are necessary to carry out the provisions of NRS 587.015 to 587.123, inclusive.

      Sec. 947.  NRS 587.085 is hereby amended to read as follows:

      587.085  The [executive director] administrator or his authorized representatives may:

      1.  Enter upon or within any public or private premises or upon or into any truck or other conveyance by land, water or air at any time to examine seeds, screenings or records which are subject to the provisions of NRS 587.015 to 587.123, inclusive, or rules and regulations adopted pursuant thereto.

      2.  Issue and enforce a written or printed stop-sale order against the owner or custodian of any seed or screenings which are found to be in violation of any of the provisions of NRS 587.015 to 587.123, inclusive, or the rules and regulations adopted pursuant thereto.

      Sec. 948.  NRS 587.087 is hereby amended to read as follows:

      587.087  1.  A “stop-sale order” issued pursuant to subsection 2 of NRS 587.085 may prohibit the sale, processing or movement of such seed or screenings until evidence is submitted or obtained that the violation has been corrected and a release from the stop-sale order is issued.

      2.  Whenever tree seed, shrub seed or screenings are subject to a stop-sale order, the [executive director] administrator or his representative shall notify the shipper or consignor that the order is in effect. Upon the shipper’s or consignor’s request, the [executive director] administrator may permit the return of the seed to the shipper or may permit the seed to be transferred to a mutually acceptable storage area pending its further disposition as provided by law.

      3.  Any person aggrieved by a stop-sale order may, within 60 days after the order issues, appeal from such order to the district court in the county in which the seeds, subject to such order, are located.


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ê1993 Statutes of Nevada, Page 1785 (Chapter 466, AB 782)ê

 

      Sec. 949.  NRS 587.089 is hereby amended to read as follows:

      587.089  The [executive director] administrator shall cooperate with the United States Department of Agriculture and other appropriate agencies in seed law enforcement.

      Sec. 950.  NRS 587.105 is hereby amended to read as follows:

      587.105  Except for seed supplied by a seedsman of trees to a consumer under a contractual agreement, which may be labeled by invoice or by an analysis tag attached to the invoice if the seed is in bulk or if each bag or other container is clearly identified by the number of the lot stenciled on the container, the labeling of each bag or container which is not so identified and each container of seeds of trees and shrubs which is sold, offered for sale or transported within this state for sowing purposes must state, in addition to the requirements of NRS 587.091:

      1.  The common name of the species of seed and subspecies, if appropriate.

      2.  The scientific name of the genus, species and subspecies, if appropriate.

      3.  The number or other identification of the lot.

      4.  The origin of the seed, specified as follows:

      (a) For seed collected from a predominantly indigenous stand, the area of collection given by latitude and longitude, geographic description or political subdivision, such as state and county; or

      (b) For seed collected from other than a predominantly indigenous stand, identification of the area of collection and the origin of the stand or, if applicable, the statement: “Origin not indigenous.”

      5.  The upper and lower limits of elevations within which the seed was collected.

      6.  The purity of the seed as a percentage of pure seed by weight.

      7.  For those species for which standard procedures for testing germination are prescribed by the [executive director,] administrator, one of the following:

      (a) The germination in percentage and percentage of firm ungerminated seed, and the month and year of the test;

      (b) For seed transported or delivered for transportation within the year of collection or within 6 months following the year of collection, the statement: “Test is in process”; or

      (c) For seed being transported to a consumer, the name of the consumer and a statement: “Contract seed not for resale, and subject to test to be arranged.”

      8.  For those species for which standard procedures for testing germination have not been prescribed by the [executive director,] administrator, the year in which the seed was collected.

      9.  The name and address of the person who labeled the seed, or who sells or offers the seed for sale within this state.

      Sec. 951.  NRS 587.107 is hereby amended to read as follows:

      587.107  Each person whose name appears on a label as handling seeds subject to any of the provisions of NRS 587.015 to 587.123, inclusive, shall keep for a period of 2 years complete records of each lot of seed handled and for 1 year a file sample of each lot of seed after final disposition of the lot. All such records and samples pertaining to the shipment or shipments involved [shall] must be available for inspection by the [executive director] administrator or his representative during normal business hours.


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ê1993 Statutes of Nevada, Page 1786 (Chapter 466, AB 782)ê

 

[shall] must be available for inspection by the [executive director] administrator or his representative during normal business hours.

      Sec. 952.  NRS 587.109 is hereby amended to read as follows:

      587.109  1.  Any person importing any white or Irish potatoes intended for seed purposes into the State of Nevada shall, within 24 hours after the receipt of such potatoes, notify the [executive director] administrator of the arrival of the potatoes and hold them at his place of business or at the point of receipt until the potatoes are inspected and released by the [executive director.] administrator.

      2.  If, upon inspection, the [executive director] administrator finds that the potatoes are infected with bacterial ring rot, or other potato diseases in amounts in excess of that allowed under the standards set for Nevada certified potatoes, the potatoes [shall] may not be released for planting in this state, but [shall] must be disposed of for nonseed purposes in a manner approved by the [executive director.] administrator.

      3.  If the seed potatoes are found to be free from bacterial ring rot, and other potato diseases are not present in excess of that allowed under the standards set for Nevada certified seed potatoes, the [executive director] administrator shall release the potatoes.

      Sec. 953.  NRS 587.119 is hereby amended to read as follows:

      587.119  1.  Whenever any seed is prepared for use, all screenings or cleanings must be removed from the premises only under a permit issued by the [executive director.] administrator.

      2.  It is unlawful to distribute, give away, sell or use screenings containing weed seeds unless the screenings have been treated to destroy the viability of the weed seeds or otherwise in a manner approved by the [executive director.] administrator.

      Sec. 954.  NRS 587.121 is hereby amended to read as follows:

      587.121  1.  Any lot of seed found or reasonably suspected to be in violation of any of the provisions of NRS 587.015 to 587.119, inclusive, is subject to seizure upon a complaint by the [executive director] administrator filed in the district court of the county in which the seed is located.

      2.  If the court finds that the seed is in violation of any of such provisions, it may, after allowing the party or parties in interest to apply for the release of the seed or for permission to bring the seed into compliance with the law, make such orders as may be necessary for the seed to be processed, relabeled, denatured, destroyed or otherwise disposed of according to the circumstances of the case.

      Sec. 955.  NRS 587.131 is hereby amended to read as follows:

      587.131  As used in NRS 587.135 to 587.185, inclusive, unless the context requires otherwise:

      1.  “Advisory board” means the alfalfa seed advisory board.

      2.  “Alfalfa seed” means the seed that is harvested from any variety of alfalfa plant.

      3.  “Dealer” means any person, partnership, association, corporation, cooperative or other business unit or device that first handles, packs, ships, buys and sells alfalfa seed.


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ê1993 Statutes of Nevada, Page 1787 (Chapter 466, AB 782)ê

 

      4.  [“Department” means the state department of agriculture of the State of Nevada.] “Division” means the division of agriculture of the department of business and industry.

      5.  “Grower” means any landowner personally engaged in growing alfalfa seed, or both the owner and tenant jointly, and includes a person, partnership, association, corporation, cooperative organization, trust, sharecropper or any and all other business units, devices or arrangements that grow alfalfa seed.

      Sec. 956.  NRS 587.155 is hereby amended to read as follows:

      587.155  1.  The [department] division shall, on or before August 1 of each year, fix an annual special assessment not to exceed 50 cents per hundred weight of alfalfa seed to be levied upon all alfalfa seed grown in this state. The [department] division shall collect the assessment and transmit the proceeds to the state treasurer for credit to the alfalfa seed research and promotion account.

      2.  On or before June 30 of each year, any person who has paid the special assessment levied pursuant to this section may file a claim for refund with the [department,] division accompanied by a receipt showing such payment. Upon verification of the correctness of the claim, the [department] division shall transmit it to the state controller for payment from the alfalfa seed research and promotion account.

      Sec. 957.  NRS 587.161 is hereby amended to read as follows:

      587.161  All assessments levied pursuant to the provisions of NRS 587.155 [shall] must be paid to the [department] division by the person, either grower or dealer, by whom the alfalfa seed was first handled in the primary channels of the trade and [shall] must be paid within 60 days after the date on which the grower received payment for the alfalfa seed. If the person first handling the alfalfa seed in the primary channels of trade is a person other than the grower, he may charge against or recover from the grower the full amount of any assessment paid by him under NRS 587.155.

      Sec. 958.  NRS 587.165 is hereby amended to read as follows:

      587.165  Any grower or dealer wh