Assembly Bill No. 583

Assembly Bill No. 583-Assemblyman Carpenter

CHAPTER

345

AN ACT relating to agricultural associations; revising provisions regarding the appointment of members of a district board of agriculture for an agricultural district; revising provisions regarding the use and taxable status of land owned or used by an agricultural association; and providing other matters properly relating thereto.

[Approved July 8, 1997]

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

Section 1. Chapter 547 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If property in public or private ownership:
(a) Is designated or considered to be agricultural land or is otherwise dedicated to an agricultural purpose or use; and
(b) Is used by an agricultural association for an exhibition, fair or other special event that is authorized pursuant to subsection 4 of NRS 547.090 or NRS 547.110,
the use of the property by the agricultural association shall be deemed to be an expanded agricultural use, and such use must not be construed to have affected or changed the agricultural status of the property that existed before it was used by the agricultural association.
2. The provisions of subsection 1 apply to all property used by an agricultural association, including, but not limited to, property that is:
(a) Owned or leased by the agricultural association; or
(b) Made available by another person for use by the agricultural association pursuant to a donation, gift, grant of authorization or permission, or other similar means.
Sec. 2. NRS 547.040 is hereby amended to read as follows:
547.040 1. [Within] Not later than 10 days after [the formation of] an agricultural association [within any of the agricultural districts constituted] is formed within an agricultural district listed in NRS 547.010 [in accordance with] pursuant to the provisions of this chapter : [, eight resident citizens of such agricultural district shall be appointed as members of a district board of agriculture for the district by:]
(a) The governor [for agricultural districts] , if the agricultural district is comprised of more than one county [.] , shall appoint eight persons who are residents of the agricultural district and who are members of the agricultural association to be members of the district board of agriculture for the agricultural district; or
(b) The board of county commissioners [for each county which] , if the agricultural district constitutes a single-county agricultural district [.] , shall appoint eight persons who are residents of the agricultural district to be members of the district board of agriculture for the agricultural district.
2. Within 10 days after their appointment, the persons so appointed shall meet at a place within the agricultural district and organize by the election of:
(a) One of their number as president of the board and association, who shall hold the office of president for 1 year and until his successor is elected.
(b) A secretary and a treasurer.
3. At the same meeting the members of the board shall, by lot or otherwise, classify themselves into four classes of two members each. The terms of office of the first class [shall] expire at the end of the first fiscal year. The terms of office of the second class [shall] expire at the end of the second fiscal year. The terms of office of the third class [shall] expire at the end of the third fiscal year. The terms of office of the fourth class [shall] expire at the end of the fourth fiscal year.
Sec. 3. NRS 547.060 is hereby amended to read as follows:
547.0601. Except as otherwise provided in subsection 3 of NRS 547.040, each director [shall] must be appointed for a term of 4 years.
2. The secretary shall report any vacancy which may occur in the board to its appointing authority as specified in NRS 547.040, and the vacancy [shall] must be filled by appointment for the unexpired term.
3. The incumbent members of the district board may submit to the appointing authority for consideration a list of nominees for appointment to fill any vacancy on the district board.
Sec. 4. NRS 547.090 is hereby amended to read as follows:
547.090An agricultural association may:
1. Contract and be contracted with.
2. Sue and be sued.
3. Have and use a common seal.
4. Purchase, hold and lease real property, with such buildings and improvements as may be erected thereon, and may sell, lease and dispose of the same at pleasure. The real property must be used by the agricultural association for the purpose of holding exhibitions of horses, cattle and other livestock, and of the agricultural, horticultural, viticultural, mechanical, manufacturing and domestic products of the district, with a view to the improvement of all of the industries in the agricultural district. The association may allow the use of its property for other special events in the community.
5. Obtain medium-term obligations as provided in chapter 350 of NRS for local governments other than counties.
Sec. 5. NRS 361A.030 is hereby amended to read as follows:
361A.0301. "Agricultural use" means the current employment of real property as a business venture for profit, which business produced a minimum gross income of $5,000 from agricultural pursuits during the immediately preceding calendar year by:
(a) Raising, harvesting and selling crops, fruit, flowers, timber and other products of the soil;
(b) Feeding, breeding, management and sale of livestock, poultry, or the produce thereof, if the real property used therefor is owned or leased by the operator and is of sufficient size and capacity to produce more than one-half of the feed required during that year for the agricultural pursuit;
(c) Operating a feed lot consisting of at least 50 head of cattle or an equivalent number of animal units of sheep or hogs, for the production of food;
(d) Raising furbearing animals or bees;
(e) Dairying and the sale of dairy products; or
(f) Any other use determined by the department to constitute agricultural use if such use is verified by the department.
The term includes every process and step necessary and incident to the preparation and storage of the products raised on such property for human or animal consumption or for marketing except actual market locations.
2. As used in this section, "current employment" of real property in agricultural use includes:
(a) Land lying fallow for 1 year as a normal and regular requirement of good agricultural husbandry; [and]
(b) Land planted in orchards or other perennials prior to maturity [.] ; and
(c) Land leased or otherwise made available for use by an agricultural association formed pursuant to chapter 547 of NRS.
Sec. 6. NRS 361A.031 is hereby amended to read as follows:
361A.0311. "Converted to a higher use" means:
(a) A physical alteration of the surface of the property enabling it to be used for a higher use;
(b) The recording of a final map or parcel map which creates one or more parcels not intended for agricultural use;
(c) The existence of a final map or parcel map which creates one or more parcels not intended for agricultural use; or
(d) A change in zoning to a higher use made at the request of the owner.
2. The term does not include leasing the land to or otherwise permitting the land to be used by an agricultural association formed pursuant to chapter 547 of NRS.
3. As used in this section:
(a) "Final map" has the meaning ascribed to it in NRS 278.0145.
(b) "Parcel map" has the meaning ascribed to it in NRS 278.017.
Sec. 7. This act becomes effective upon passage and approval.
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