Assembly Bill No. 49-Committee on Natural Resources, Agriculture, and Mining
January 27, 1997
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Referred to Committee on Natural Resources, Agriculture, and Mining
SUMMARY--Provides for administrative fines and recovery of certain costs for violation of provisions governing interstate quarantine of agricultural commodities. (BDR 49-408)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to the interstate quarantine of agricultural commodities; providing for the recovery of certain costs from a defendant convicted of violating certain statutes and regulations; authorizing the state quarantine officer to impose administrative fines for certain violations; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 554 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The state quarantine officer shall adopt regulations specifying a schedule of administrative fines which may be imposed, upon notice and a hearing, for each violation of the provisions of this section and NRS 554.010 to 554.080, inclusive, or the regulations adopted pursuant thereto. The maximum fine that the state quarantine officer may impose for each violation may not exceed:
(a) For the first violation, $1,500;
(b) For the second violation, $3,000; and
(c) For each subsequent violation, $5,000.
All fines collected by the state quarantine officer pursuant to this section must be deposited with the state treasurer for credit to the state general fund.
2. The state quarantine officer may:
(a) In addition to imposing an administrative fine pursuant to this section, issue an order requiring a violator to take appropriate action to correct the violation; or
(b) Request the district attorney of the appropriate county to investigate or file a criminal complaint against any person that the state quarantine officer suspects may have committed flagrant or repeated violations of any provisions of this section and NRS 554.010 to 554.080, inclusive.
3. The state quarantine officer shall adopt such regulations as are necessary to provide for adequate notice and conduct of a hearing required by this section.
Sec. 2. NRS 554.090 is hereby amended to read as follows:
554.090 Any corporation, common carrier, agent or employee of any corporation, or any other person [or persons] violating or assisting in violating any of the provisions of NRS 554.010 to 554.080, inclusive, [shall be] and section 1 of this act, is guilty of a gross misdemeanor [.] and shall be punished by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $5,000, or by both fine and imprisonment. The prosecuting attorney and the division may recover the costs of the proceeding, including investigative costs, against a person convicted of a gross misdemeanor pursuant to this section.
Sec. 3. The amendatory provisions of this act do not apply to offenses that are committed before the effective date of this act.
Sec. 4. This act becomes effective upon passage and approval.