Adoption of this amendment will MAINTAIN a 2/3s majority vote requirement for final passage of SB172 (§ 25).
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by renumbering section 1 as sec. 1.5 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. NRS 554.085 is hereby amended to read as follows:
554.085 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 NRS 554.020 to 554.090, inclusive, or the regulations adopted pursuant thereto. The maximum fine that the State Quarantine Officer may impose] In addition to any criminal penalty that may be imposed pursuant to NRS 554.090, any corporation, common carrier, agent or employee of any corporation, or any other person violating or assisting in violating any of the provisions of NRS 554.020 to 554.090, inclusive, or any regulation adopted pursuant thereto, is liable for a civil penalty for each violation [may] not to exceed:
(a) For the first violation, $1,500;
(b) For the second violation, $3,000; and
(c) For each subsequent violation, $5,000.
2. If a defendant is convicted of violating any of the provisions of NRS 554.020 to 554.090, inclusive, or any regulation adopted pursuant thereto, the court shall order the defendant to pay a civil penalty pursuant to subsection 1. The court shall fix the manner and time of payment.
3. All [fines collected by the State Quarantine Officer] penalties collected 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 provision of NRS 554.020 to 554.090, 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.]”.
Amend sec. 22, page 6, by deleting lines 6 through 14 and inserting:
“(f) A garden club or charitable nonprofit association conducting sales of nursery stock, provided that the garden club or nonprofit association has applied for and received a permit from the Director to conduct such sales. The Department shall not charge a fee for such a permit.
(g) A state or local governmental entity, including a conservation district. The Department may inspect any plant materials held, distributed, collected or sold by such an entity.”.
Amend sec. 24, page 7, by deleting lines 39 and 40 and inserting:
“annual fees for licenses.”.
Amend sec. 25, page 8, by deleting line 7 and inserting:
“of a penalty [of $10.]”.
Amend sec. 25, page 8, line 13, by deleting “license.] the” and inserting “license.]”.
Amend sec. 25, page 8, by deleting lines 14 and 15 and inserting:
“fee established by regulation of the State Board of Agriculture. Such a penalty fee must not exceed $200.”.
Amend the title of the bill to read as follows:
“AN ACT relating to agriculture; deleting provisions authorizing the State Quarantine Officer to impose certain administrative penalties; providing civil penalties for violations of interstate quarantines; providing for the automatic suspension of licenses to engage in pest control under certain circumstances; revising provisions governing pests and plant diseases; making various changes concerning the regulation and licensing of dealers of nursery stock; providing for the issuance of permits for occasional sales of nursery stock; authorizing the State Board of Agriculture to adopt regulations establishing certain license fees and penalty fees; providing for the payment of costs of corrective actions ordered by the Director of the State Department of Agriculture; revising provisions governing inspections and shipments of nursery stock; revising certain exemptions from the licensing requirements relating to pest control; eliminating the grace period for renewing licenses to perform pest control; changing the Noxious Weed and Insect Pest Control Program to the Program for the Control of Pests and Plant Diseases; and providing other matters properly relating thereto.”.