Senate Bill No. 484–Committee on Natural Resources

 

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AN ACT relating to agriculture; revising the membership of the Garlic and Onion Growers’ Advisory Board; eliminating the refund for certain assessments paid for growing and harvesting garlic or onions; revising the date by which a grower of garlic or onions must pay such an assessment; 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. NRS 556.020 is hereby amended to read as follows:

    556.020  1.  The Garlic and Onion Growers’ Advisory Board,

consisting of five members, is hereby created.

    2.  Two members of the Advisory Board must be:

    (a) Citizens of the United States;

    (b) Residents of the State of Nevada; and

    (c) Garlic growers actively engaged in the growing and

producing of garlic in the State of Nevada who derive a substantial

portion of their annual income from growing garlic.

    3.  Two members of the Advisory Board must be:

    (a) Citizens of the United States;

    (b) Residents of the State of Nevada; and

    (c) Onion growers actively engaged in the growing and

producing of onions in the State of Nevada who derive a substantial

portion of their annual income from growing onions.

    4.  One member of the Advisory Board must be[:

    (a) A] a citizen of the United States[;] and be:

    (a) Actively engaged in the industry of processing garlic or

onions;

    (b) A member of [the American Dehydrated Onion and Garlic

Association.] an association which represents the interests of

persons actively engaged in the industry of processing garlic or

onions; or

    (c) Actively engaged in the research of garlic or onions.

    Sec. 2.  NRS 556.070 is hereby amended to read as follows:

    556.070  [1.] The Department shall, on or before August 1 of

each year, fix an annual special assessment not to exceed $10 per

acre to be levied upon all garlic and onions grown and harvested in

this state[.] for commercial use. The Department shall collect the

assessment and transmit the proceeds to the State Treasurer for

credit to the Garlic and Onion 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 a refund with the Department accompanied by a receipt

showing payment. Upon verification of the correctness of the claim,

the Department shall transmit the claim to the State Controller for

payment from the Garlic and Onion Research and Promotion

Account.]

    Sec. 3.  NRS 556.080 is hereby amended to read as follows:

    556.080  All assessments levied pursuant to the provisions of

NRS 556.070 must be [paid] :

    1.  Paid to the Department by the grower of garlic or onions

[and must be paid] ; and

    2.  Paid by December 1 of each year for the [grower of garlic,

and by May 1 of each year for the grower of onions, or within 30

days after the planting of garlic or onions after those dates.] garlic

or onions harvested within the 12 months immediately preceding

that date.

    Sec. 4.  NRS 556.090 is hereby amended to read as follows:

    556.090  Any grower who fails [to file a return or] to pay any

assessment pursuant to NRS 556.070 [within the period] by

December 1 of each year as required by NRS 556.080 forfeits to the

Department a penalty of 5 percent of the amount of the assessment

due and 1 percent of the assessment due for each month of delay or

fraction thereof after [the end of the month in which the return was

required to be filed or in which] December 31 of the year that the

assessment became due. The Department, if satisfied the delay was

excusable, may remit any part of the penalty. The penalty must be

paid to the Department and deposited for credit to the Garlic and

Onion Research and Promotion Account.

    Sec. 5.  NRS 561.423 is hereby amended to read as follows:

    561.423  1.  The Garlic and Onion Research and Promotion

Account is hereby created in the State General Fund. The proceeds

of the special assessment levied pursuant to NRS 556.070 must be

credited to the Account . [and all refunds made pursuant to NRS

556.070 must be paid from the Account.]

    2.  Expenditures from the Account may be made only for:

    (a) Garlic and onion research programs and marketing-

promotion programs;

    (b) Administrative, per diem and travel expenses of the Garlic

and Onion Growers’ Advisory Board; and

    (c) Reimbursement to the Department for administrative

expenses of the Department, not to exceed 5 percent of the

assessments collected.

    Sec. 6.  This act becomes effective on July 1, 2003.

 

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