Nevada 2019 Regular Session Status: Enacted

SB 417 — Revises provisions governing public sales of livestock. (BDR 50-371)

Last action — Approved by the Governor. Chapter 417.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 21, 2019. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

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  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Summary

AN ACT relating to livestock; requiring the State Department of Agriculture to issue a limited license to conduct an annual sale of livestock under certain circumstances; imposing a fee for the issuance of the limited license; providing a penalty; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

322 added · 347 removed

322 line(s) added, 347 removed.

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REQUIRES TWO-THIRDS MAJORITY VOTE (§ 1) (Reprinted with amendments adopted on May 23, 2019) SECOND REPRINT S.B.
Senate Bill No.
417 SENATE B ILLN O.
417–Senator Goicoechea CHAPTER..........
417–S ENATOR G OICOECHEA M ARCH 21, 2019 ____________ Referred to Committee on Natural Resources SUMMARY—Revises provisions governing public sales of livestock.
(BDR 50-371) FISCAL NOTE:
Effect on Local Government:
Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existing law prohibits a person from holding, operating, conducting or carrying on a public livestock auction without first securing a license from the State Department of Agriculture.
Existing law prohibits a person from holding, operating, conducting or carrying Department of Agriculture.
(NRS 573.020) Before the Department may issue a license to an operator of a public livestock auction, the applicant for the license must deliver to the Director of the Department:
(NRS 573.020) Before the Department may issue aate license to an operator of a public livestock auction, the applicant for the license must deliver to the Director of the Department:
(NRS 573.030) A person who operates a public livestock auction without a license or any licensee authorized to operate a public livestock auction who violates regulations adopted pursuant to that chapter is subject to:
(NRS 573.030) A person who operates a public livestock auction without a license or any licensee authorized to operate a public livestock auction who violates any provision of chapter 573 of NRS governing public sales of livestock or any regulations adopted pursuant to that chapter is subject to:
(NRS 573.185, 573.190) In lieu of securing a license to operate a public livestock auction, section 1 of this bill authorizes a person who wishes to conduct an annual sale of livestock to submit an application to the Department for the issuance of a limited license to conduct such a sale.
(NRS 573.185, 573.190) this bill authorizes a person who wishes to conduct an annual sale of livestock to of submit an application to the Department for the issuance of a limited license to conduct such a sale.
Section 2 of this bill defines an “annual sale of livestock” livestock for sale or exchange through public bidding and which is conducted for not more than 2 consecutive days during a calendar year.
Section 2 of this bill defines an “annual sale of livestock” to mean any sale of livestock to which any member of the public may consign livestock for sale or exchange through public bidding and which is conducted for not more than 2 consecutive days during a calendar year.
Section 1 requires the Department to issue to the applicant a limited license to conduct an annual sale of *SB417_R2* – 2 – livestock if the Department finds that the applicant has:
Section 1 requires the Department to issue to the applicant a limited license to conduct an annual sale of livestock if the Department finds that the applicant has:
and (3) otherwise complied with the provisions of chapter 573 of NRS governing public sales of livestock.
public sales of livestock.
Section 1 also requires the Department to limit the sale of livestock is conducted and to set the surety bond or deposit receipt on the basis of specified criteria.
Section 1 also requires the Department to limit the duration of any surety bond or deposit receipt to the period during which an annual sale of livestock is conducted and to set the surety bond or deposit receipt on the basis of specified criteria.
Section 14 of this bill also makes such a person who commits those violations fine.
Section 14 of this bill also makes such a person who commits those violations guilty of a misdemeanor and subject to the payment of an additional administrative fine.
Sections 3-10 and 15 of this bill make conforming changes.nal administrative THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 3-10 and 15 of this bill make conforming changes.
Section 1.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
- 80th Session (2019) – 2 – THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.
(b) Paid the fee established by regulation of the State Board of Agriculture for the limited license to conduct an annual sale of livestock pursuant to NRS 573.040;
Agriculture for the limited license to conduct an annual sale of of livestock pursuant to NRS 573.040;
*SB417_R2* – 3 – 4.
4.
Sec.
- 80th Session (2019) – 3 – Sec.
(a) To which any member of the public may consign livestock for sale or exchange through public bidding at the sale of the livestock;
(a) To which any member of the public may consign livestock livestock;
and (b) Which is conducted for not more than 2 consecutive days during a calendar year.
andchange through public bidding at the sale of the (b) Which is conducted for not more than 2 consecutive days during a calendar year.
Sec.
573.030 NBefore a license is issued by the Department to an operator of a public livestock auction [,] or a limited license is issued by the Department to conduct an annual sale of livestock, the applicant must deliver to the Director:
3.
NRS 573.030 is hereby amended to read as follows:
573.030 Before a license is issued by the Department to an operator of a public livestock auction [,] or a limited license is issued by the Department to conduct an annual sale of livestock, the applicant must deliver to the Director:
*SB417_R2* – 4 – 2.
2.
(a) In the amount of $200,000 or more but less than $1,000,000.
- 80th Session (2019) – 4 – (a) In the amount of $200,000 or more but less than $1,000,000.
(c) A standard form and approved by the Director as to terms and conditions.
and conditions.rd form and approved by the Director as to terms (d) Conditioned that the principal will not commit any fraudulent act and will comply with the provisions of this chapter and the rules and regulations adopted by the Department.
(d) Conditioned that the principal will not commit any fraudulent act and will comply with the provisions of this chapter and the rules and regulations adopted by the Department.
A receipt must be accompanied by evidence that there are no unsatisfied judgments against the applicant of record in the county where the applicant resides.
A receipt must be accompanied by evidence that there are no unsatisfied judgments resides.the applicant of record in the county where the applicant 2.
2.
[If] Except as otherwise provided in section 1 of this act, if any licensed operator of a public livestock auction or holder of a limited license to conduct an annual sale of livestock for any *SB417_R2* – 5 – reason ceases to operate the auction [,] or sale, the amount of money or securities deposited in lieu of a bond must be retained by the Department for 1 year.
[If] Except as otherwise provided in section 1 of this act, if any licensed operator of a public livestock auction or holder of a limited license to conduct an annual sale of livestock for any reason ceases to operate the auction [,] or sale, the amount of money or securities deposited in lieu of a bond must be retained by the Department for 1 year.
Sec.
- 80th Session (2019) – 5 – Sec.
Show all 62 changed rows (22 more)
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2.
A limited license to conduct an annual sale of livestock.
6.
6.limNRS 573.050 is hereby amended to read as follows:ck.
NRS 573.050 is hereby amended to read as follows:
573.080 [Licenses] A license to operate a public livestock auction must be renewed annually upon like application and procedure as in the case of an original [licenses.] license to operate a public livestock auction.
573.080 [Licenses] A license to operate a public livestock auction must be renewed annually upon like application and a public livestock auction.
An application for the renewal of the license must be accompanied by:
An application for the renewal of theerate license must be accompanied by:
*SB417_R2* – 6 – Sec.
Sec.
1.
- 80th Session (2019) – 6 – 2.
The name and address of the purchaser of the livestock.
ThA description of the livestock, which must include the number and kind, approximate age, the sex, and any visible brands or other distinguishing or identifying marks.
2.
A description of the livestock, which must include the number and kind, approximate age, the sex, and any visible brands or other distinguishing or identifying marks.
The Department may require such testing, treating and examining of livestock sold, traded, exchanged or handled at or through public livestock auctions or annual sales of livestock as in its judgment may be necessary to prevent the spread of infectious, contagious or parasitic diseases among the livestock of this state.
The Department may require such testing, treating and examining of livestock sold, traded, exchanged or handled at or its judgment may be necessary to prevent the spread of infectious,in contagious or parasitic diseases among the livestock of this state.
573.183 If the Director determines, on the basis of any verified complaint or of any inspection or investigation made by him or her pursuant to this chapter, that any operator of a public livestock auction or person who conducts an annual sale of livestock is violating or is about to violate any provision of this chapter for the protection of consignor creditors, the Director may order:
complaint or of any inspection or investigation made by him or herfied pursuant to this chapter, that any operator of a public livestock auction or person who conducts an annual sale of livestock is violating or is about to violate any provision of this chapter for the protection of consignor creditors, the Director may order:
*SB417_R2* – 7 – (a) Receiving or selling any livestock;
(a) Receiving or selling any livestock;
or (c) Any practice which violates any provision of this chapter or any other law or any rule, order or regulation issued pursuant to law.
or - 80th Session (2019) – 7 – (c) Any practice which violates any provision of this chapter or any other law or any rule, order or regulation issued pursuant to law.
Any bank or credit union which holds the custodial account of the operator, as required by NRS 573.104, to refrain from paying out any money from the account.
Any bank or credit union which holds the custodial account of the operator, as required by NRS 573.104, to refrain from paying The order ceases to be effective upon the expiration of 3 days, excluding Saturdays, Sundays and other nonjudicial days, after its date of issuance unless a court has, pursuant to NRS 573.185, issued an order which continues the restraint.
 The order ceases to be effective upon the expiration of 3 days, excluding Saturdays, Sundays and other nonjudicial days, after its date of issuance unless a court has, pursuant to NRS 573.185, issued an order which continues the restraint.
or (c) Violates any of the provisions of this chapter or of any rules or regulations adopted pursuant thereto, is guilty of a misdemeanor and, in addition to any criminal penalty, shall pay to the Department an administrative fine of not less than $1,000 and not more than $5,000 per violation.
or (c) Violates any of the provisions of this chapter or of any rules is guilty of a misdemeanor and, in addition to any criminal penalty, shall pay to the Department an administrative fine of not less than $1,000 and not more than $5,000 per violation.
and *SB417_R2* – 8 – (b) The remaining 50 percent of the money must be deposited in the Account for the Control of Weeds established by NRS 555.035.
and - 80th Session (2019) – 8 – (b) The remaining 50 percent of the money must be deposited in the Account for the Control of Weeds established by NRS 555.035.
Any farmer or rancher purchasing or receiving livestock for grazing, pasturing or feeding on his or her premises within the State of Nevada and not for immediate resale.
Any farmer or rancher purchasing or receiving livestock for of Nevada and not for immediate resale.
4.
her premises within the State 4.
*SB417_R2*
~~~~~ 19 - 80th Session (2019)
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Amendments

2 amendments

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Action History

  1. Approved by the Governor. Chapter 417.

  2. Enrolled and delivered to Governor.

  3. Assembly Amendment No. 750 concurred in. To enrollment.

  4. In Senate.

  5. From printer. To reengrossment. Reengrossed. Second reprint. Read third time. Passed, as amended. Title approved. (Yeas: 39, Nays: None, Excused: 2, Vacant: 1.) To Senate.

  6. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 750.) To printer.

  7. In Assembly. Read first time. Referred to Committee on Natural Resources, Agriculture, and Mining. To committee.

  8. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved. (Yeas: 21, Nays: None.) To Assembly.

  9. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 175.) To printer.

  10. From printer. To committee.

  11. Read first time. Referred to Committee on Natural Resources. To printer.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

agriculture
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Frequently asked questions

What does SB 417 do?
AN ACT relating to livestock; requiring the State Department of Agriculture to issue a limited license to conduct an annual sale of livestock under certain circumstances; imposing a fee for the issuance of the limited license; providing a penalty; and providing other matters properly relating thereto.
Who sponsors SB 417?
SB 417 is sponsored by Pete Goicoechea.
What is the current status of SB 417?
This bill has been enacted into law. Introduced March 21, 2019. Enacted.
Where can I track SB 417?
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