AB 33 — Abolishes certain boards, commissions and councils relating to agricultural products. (BDR 40-312)

NRS 556.080 is hereby amended to read as follows:

556.080 [All] If any assessments are levied pursuant to the provisions of NRS 556.070 , the assessments must be:

The proceeds of the special assessment levied pursuant to NRS 587.155 , if any, must be credited to the Alfalfa Seed Research and Promotion Account and all refunds made pursuant to NRS 587.155 must be paidpai2.frExpenditures from the Alfalfa Seed Research and Promotion Account.Account may be made only for:

2.

Expenditures from the Alfalfa Seed Research and Promotion Account may be made only for:

and - *AB33_R1* – 6 – (b) [Administrative, per diem and travel expenses of the Alfalfa Seed Advisory Board;

- 79th Session (2017) – 6 – 2.

and (b) [Administrative, per diem and travel expenses of the Garlic andand(c)] OnionReimbursement Growers’to Advisorythe Board;Department for administrative expenses of the Department, not to exceed 5 percent of the assessments collected.

and (c)] Reimbursement to the Department for administrative expenses of the Department, not to exceed 5 percent of the assessments collected.

(a) Units of 1 gill or less, one-half liquid pint, 10 fluid ounces, 1 liquid pint, 1 liquid quart, one-half gallon, 3 liquid quarts, 1 gallon, 1 1/2 gallons, 2 gallons, 2 1/2 gallons or multiples of 1 gallon;

and (d) If the fluid dairy product is packaged for retail sale in an amount other than a unit of measure listed in paragraph (a) of subsection 1, be marked with its capacity in fluid ounces and a comparison of that quantity with the unit of measure that is closest in volume in sufficient size and prominence to inform the public of thethe3.iffThis differencesection does not apply to eating establishments serving milk in volume.glasses with meals.

3.

This section does not apply to eating establishments serving milk in glasses with meals.

- *AB33_R1* – 7 – Sec.

- 79th Session (2017) – 7 – Sec.

The [Commission] Director may enter into contracts with any person to assist [it] the Director in carrying out [the] his or her duties [of the Commission by performing any duty imposedimp2.ed onAs theused Commission]in pursuantthis tosection, this“person” chapter.includes a government, a governmental agency and a political subdivision of a government.

2.

As used in this section, “person” includes a government, a governmental agency and a political subdivision of a government.

584.063 A full and accurate record of business or acts performed or of testimony taken by the [Commission] Director in pursuance of the provisions of this chapter must be kept and placed on file [in the Office of the Commission.] by the Director.Director.d placed Sec.

Sec.

- *AB33_R1* – 8 – Sec.

- 79th Session (2017) – 8 – Sec.

584.091 [Constables, police officers and sheriffs may, upon request,] Each field agent or inspector of the Department who has the powers of a peace officer pursuant to NRS 289.290 shall render assistance to the [Commission, any member of the Commission or any authorized representative of the Commission,] Director in the enforcement of the provisions of this chapter.

The violation of any provision of NRS 584.325 to 584.670, inclusive, or of any stabilization and marketing plan, including any price requirements of such a plan, or of any of the unfair practice provisions set forth in those sections, is aaf the misdemeanor, and also is ground for revocation or suspension of a license in the manner set forth in NRS 584.325 to 584.670, inclusive.

In addition to any other penalty provided by NRS 584.325 to 584.670, inclusive, the [Commission] Director may impose a - *AB33_R1* – 9 – penalty of not more than $1,000 for each violation, to be recovered by the [Commission] Director in a civil action in a court of competent jurisdiction.

All sums recovered under this subsection - 79th Session (2017) – 9 – must be deposited with the State Treasurer for credit to the State General Fund.

587.131 As used in NRS 587.131 to 587.181, inclusive, unless the1.ont[“Advisory Board” means the contextAlfalfa requiresSeed otherwise:Advisory Board.

1.

[“Advisory Board” means the Alfalfa Seed Advisory Board.

(d) To] A grower or an employee of the Department may prepare and present to the State Board of Agriculture a program for research in the production, harvesting, processing, distribution and market promotion of alfalfa seed.

- *AB33_R1*79th Session (2017) – 10 – (c) To] administer, enforce and control the collection of assessments levied for the Alfalfa Seed Research and Promotion Account.

[(d)] (b) To authorize payments from the Alfalfa Seed Research andAdvisory PromotionBoard.ccount Account .

[upon the recommendation of the Advisory(e)] Board.(c) To contract with natural persons or agencies for the conduct or management of research and market promotion projects.

(e)] (c) To contract with natural persons or agencies for the conduct or management of research and market promotion projects.

[The] If the Department levies the assessment, the Department shall collect the assessment and transmit the proceeds to the State Treasurer for credit to the Alfalfa SeedSee2.ResOn Researchor andbefore PromotionJune Account.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.

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.

If the person first handling the alfalfa seed in the primary channels of trade is a person other than - 79th Session (2017) – 11 – the grower, the person may charge against or recover from the grower the full amount of any assessment paid under NRS 587.155.

- *AB33_R1* – 11 – Sec.

587.165 Any grower or dealer who fails to file a return or [to pay] , if any assessment is levied pursuant to NRS 587.155 , fails to pay the assessment within the period required forfeits to thethefails to 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 the assessment became due.

Such contracts and other agreements may be enforced by the officer or entity to which the responsibility for the enforcement of the provisions of the contract or other agreements has3.eenAny action taken by an officer or entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act remains in effect as if taken by the officer or entity to which the responsibility for the enforcement of such actions has been transferred.

3.

Any action taken by an officer or entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act remains in effect as if taken by the officer or entity to which the responsibility for the enforcement of such actions has been transferred.

In preparing supplements to the Nevada Administrative Code, substitute appropriately the name of any agency or officer of - 79th Session (2017) – 12 – the State whose name is changed or whose responsibilities have been transferred by this act for the name which the agency or officer previously used.

- *AB33_R1* – 12 – Sec.

The current term of membership of any person who, on June 30, 2017, is a member or chair of the Garlic and Onion Growers’ Advisory Board, the State Dairy Commission, the Alfalfa Seed Advisory Board or the Advisory Council for Organic Agricultural Products expires on July 1, 2017.2017.r Organic 3.

3.

LEADLINES~~~~~ OF17 REPEALED- SECTIONS79th 556.020Session Garlic(2017) and Onion Growers’ Advisory Board:

Creation;

membership.

556.030 Garlic and Onion Growers’ Advisory Board:

Service of members without pay.

584.005 “Commission” defined.

584.031 Creation;

number of members.

584.033 Members:

Appointment;

qualifications;

Chair;

connection with dairy industry prohibited;

removal.

584.037 Additional grounds for removal of member.

584.039 Meetings;

hearings;

quorum;

employment of attorney.

- *AB33_R1* – 13 – 584.041 Compensation of members and employees;

acceptance and expenditure of money;

contracts to promote dairy industry.

584.043 Manager of Operations of Commission.

584.051 Seal.

584.057 Dairy Commission Fund:

Commission to keep separate record of credits and disbursements.

584.059 Biennial report.

587.135 Alfalfa Seed Advisory Board:

Creation;

number and qualifications of members.

587.810 AdvisorySeedCouncilry forrdOrganicrs nAgricultural Products:

Creation;

members;

powers.

587.820 Advisory Council for Organic Agricultural Products:

Terms of members;

vacancy;

election of officers;

meetings;

compensation of members.

H - *AB33_R1*