Assembly Bill No. 51

Assembly Bill No. 51-Committee on Natural Resources,
Agriculture, and Mining

CHAPTER

AN ACT relating to nurseries; providing for the recovery of certain costs from a defendant convicted of violating certain statutes and regulations; authorizing the administrator of the division of agriculture of the department of business and industry to impose administrative fines for certain violations; and providing other matters properly relating thereto.

[Approved May 2, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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Section 1. Chapter 555 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The administrator 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 555.235 to 555.249, inclusive, or the regulations adopted pursuant thereto. The maximum fine that the administrator may impose for each violation may not exceed:
(a) For the first violation, $250;
(b) For the second violation, $500; and
(c) For each subsequent violation, $1,000.
All fines collected by the administrator pursuant to this section must be deposited with the state treasurer for credit to the state general fund.
2. The administrator 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 who the administrator suspects may have committed flagrant or repeated violations of any provisions of this section and NRS 555.235 to 555.249, inclusive.
Sec. 2. NRS 555.249 is hereby amended to read as follows:
555.249Any person violating the provisions of NRS 555.235 to 555.249, inclusive, and section 1 of this act, or the regulations [issued thereunder] adopted pursuant thereto is guilty of a misdemeanor [.] and shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment. The prosecuting attorney and the division may recover the costs of the proceeding, including investigative costs and attorney's fees, against a person convicted of a 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.
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