2005 Nevada Revised Statutes - Chapter 547 — Agricultural Districts and Associations

Title 49 - AGRICULTURE

CHAPTER 547 - AGRICULTURAL DISTRICTS ANDASSOCIATIONS

NRS 547.010 Statedivided into agricultural districts.

NRS 547.020 Formationof agricultural association; name.

NRS 547.030 Officersof agricultural association.

NRS 547.040 Appointmentof directors; organization and first meeting; classification of directors.

NRS 547.050 Secretaryto report classification and organization of board.

NRS 547.060 Termsof directors after first appointment; vacancies.

NRS 547.070 Fiscalyear.

NRS 547.080 Agriculturalassociations recognized as state institutions.

NRS 547.090 Powersof agricultural association.

NRS 547.100 Powersand duties of district board of agriculture.

NRS 547.110 Annualfair or exhibition by agricultural association; limitations.

NRS 547.115 Agriculturalstatus of property unaffected by use of property for exhibition, fair or otherspecial event.

NRS 547.120 Countycommissioners may appropriate money to aid agricultural association in holdingannual fair or exhibition.

NRS 547.130 Useof money appropriated by county commissioners; use for paying purse for racingprohibited.

NRS 547.140 Districtscomposed of two or more counties: Each county authorized to make appropriation;amount limited; exception to limitation.

NRS 547.150 Conditionsprecedent to appropriation by county.

NRS 547.160 Paymentof appropriation.

_________

NRS 547.010 Statedivided into agricultural districts. The Stateis divided into 15 agricultural districts as follows:

1. Agricultural district No. 1. Carson City and the Counties of Douglas and Storey constitute agricultural district No. 1.

2. Agricultural district No. 2. The County of Esmeralda constitutes agricultural district No. 2.

3. Agricultural district No. 3. The County of Humboldt constitutes agricultural district No. 3.

4. Agricultural district No. 4. The County of Elko constitutes agricultural district No. 4.

5. Agricultural district No. 5. The County of Mineral constitutes agricultural district No. 5.

6. Agricultural district No. 6. The County of Nye constitutes agricultural district No. 6.

7. Agricultural district No. 7. The County of Churchill constitutes agricultural district No. 7.

8. Agricultural district No. 8. The County of Clark constitutes agricultural district No. 8.

9. Agricultural district No. 9. The County of Lyon constitutes agricultural district No. 9.

10. Agricultural district No. 10. The County of Washoe constitutes agricultural district No. 10.

11. Agricultural district No. 11. The County of Pershing constitutes agricultural district No. 11.

12. Agricultural district No. 12. The County of Lincoln constitutes agricultural district No. 12.

13. Agricultural district No. 13. The County of White Pine constitutes agricultural district No. 13.

14. Agricultural district No. 14. The County of Lander constitutes agricultural district No. 14.

15. Agricultural district No. 15. The County of Eureka constitutes agricultural district No. 15.

[1:75:1885; A 1889, 48; 1913, 257; 1941, 28; 1943,132; 1955, 81](NRS A 1969, 343, 514; 1973, 1106; 1981, 583)

NRS 547.020 Formationof agricultural association; name. Any 20 ormore persons who are citizens within any of the agricultural districtsconstituted in NRS 547.010 may form anassociation for the improvement of the material industries within such agriculturaldistrict, and when so formed the association shall be known and designated bythe name of ................................ Agricultural Association, and bysuch name and style shall have perpetual succession.

[Part 2:75:1885; A 1889, 48; RL 433; NCL 328]

NRS 547.030 Officersof agricultural association. The officers ofan agricultural association shall consist of:

1. Eight directors, who shall constitute a districtboard of agriculture for agricultural district No. ...........

2. A president, who shall be one of the directors.

3. A secretary and a treasurer, who shall not bedirectors.

[3:75:1885; BH 396; cited C 5101; RL 434; NCL 329]

NRS 547.040 Appointmentof directors; organization and first meeting; classification of directors.

1. Not later than 10 days after an agriculturalassociation is formed within an agricultural district listed in NRS 547.010 pursuant to the provisions ofthis chapter:

(a) The Governor, if the agricultural district iscomposed of more than one county, shall appoint eight persons who are residentsof the agricultural district and who are members of the agriculturalassociation to be members of the district board of agriculture for theagricultural district; or

(b) The board of county commissioners, if theagricultural district constitutes a single-county agricultural district, shallappoint eight persons who are residents of the agricultural district to bemembers of the district board of agriculture for the agricultural district.

2. Within 10 days after their appointment, the personsso appointed shall meet at a place within the agricultural district andorganize by the election of:

(a) One of their number as president of the districtboard of agriculture and the agricultural association, who shall hold theoffice 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 districtboard of agriculture shall, by lot or otherwise, classify themselves into fourclasses of two members each. The terms of office of:

(a) The first class expire:

(1) At the end of the first fiscal year if themember was appointed to a district board of agriculture for an agriculturaldistrict whose population is 100,000 or more as determined by the population ofthe county or counties that compose the district; or

(2) On December 31 of the first fiscal year ifthe member was appointed to a district board of agriculture for an agriculturaldistrict whose population is less than 100,000 as determined by the populationof the county or counties that compose the district.

(b) The second class expire:

(1) At the end of the second fiscal year if themember was appointed to a district board of agriculture for an agriculturaldistrict whose population is 100,000 or more as determined by the population ofthe county or counties that compose the district; or

(2) On December 31 of the second fiscal year ifthe member was appointed to a district board of agriculture for an agriculturaldistrict whose population is less than 100,000 as determined by the populationof the county or counties that compose the district.

(c) The third class expire:

(1) At the end of the third fiscal year if themember was appointed to a district board of agriculture for an agriculturaldistrict whose population is 100,000 or more as determined by the population ofthe county or counties that compose the district; or

(2) On December 31 of the third fiscal year ifthe member was appointed to a district board of agriculture for an agriculturaldistrict whose population is less than 100,000 as determined by the populationof the county or counties that compose the district.

(d) The fourth class expire:

(1) At the end of the fourth fiscal year if themember was appointed to a district board of agriculture for an agriculturaldistrict whose population is 100,000 or more as determined by the population ofthe county or counties that compose the district; or

(2) On December 31 of the fourth fiscal year ifthe member was appointed to a district board of agriculture for an agriculturaldistrict whose population is less than 100,000 as determined by the populationof the county or counties that compose the district.

[Part 4:75:1885; BH 397; cited C 5101; RL 435;NCL 330] + [5:75:1885; BH 398; cited C 5101; RL 436; NCL 331] + [Part6:75:1885; BH 399; cited C 5101; RL 437; NCL 332](NRS A 1969, 515;1997, 1263; 1999, 186)

NRS 547.050 Secretaryto report classification and organization of board. Whenany district board of agriculture is classified and organized as provided in NRS 547.040, the secretary of the boardshall report such classification and organization to:

1. The State Department of Agriculture; and

2. Its appointing authority.

[Part 8:75:1885; BH 401; cited C 5101; RL 439;NCL 334](NRS A 1969, 515; 1993, 1704; 1999, 3634)

NRS 547.060 Termsof directors after first appointment; vacancies.

1. Except as otherwise provided in subsection 3 of NRS 547.040, each member of a districtboard of agriculture must be appointed for a term of 4 years. The term beginson:

(a) July 1, if the member was appointed to a districtboard of agriculture for an agricultural district whose population is 100,000or more as determined by the population of the county or counties that composethe district; or

(b) January 1, if the member was appointed to adistrict board of agriculture for an agricultural district whose population is lessthan 100,000 as determined by the population of the county or counties thatcompose the district.

2. The secretary shall report any vacancy which mayoccur in the district board of agriculture to its appointing authority asspecified in NRS 547.040, and the vacancymust be filled by appointment for the unexpired term.

3. The incumbent members of the district board ofagriculture may submit to the appointing authority for consideration a list ofnominees for appointment to fill any vacancy on the board.

[Part 4:75:1885; BH 397; cited C 5101; RL 435;NCL 330] + [Part 8:75:1885; BH 401; cited C 5101; RL 439; NCL 334](NRS A 1969, 515; 1997, 1264; 1999, 187)

NRS 547.070 Fiscalyear. The fiscal year shall be from July 1 toJune 30, inclusive.

[Part 6:75:1885; BH 399; cited C 5101; RL 437;NCL 332](NRS A 1959, 145)

NRS 547.080 Agriculturalassociations recognized as state institutions. Eachagricultural association formed and organized as provided in this chapter ishereby recognized as a state institution.

[Part 7:75:1885; BH 400; cited C 5101; RL 438;NCL 333]

NRS 547.090 Powersof agricultural association. An agriculturalassociation 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 suchbuildings and improvements as may be erected thereon, and may sell, lease anddispose of the same at pleasure. The real property must be used by theagricultural 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 agriculturaldistrict. The association may allow the use of its property for other specialevents in the community.

5. Obtain medium-term obligations as provided in chapter 350 of NRS for local governments otherthan counties.

[Part 2:75:1885; A 1889, 48; RL 433; NCL 328](NRS A 1959, 145; 1965, 750; 1973, 18; 1995, 1828; 1997, 1264)

NRS 547.100 Powersand duties of district board of agriculture. Thedistrict board of agriculture shall:

1. Have the exclusive control and management of theagricultural association for and in the name of the State.

2. Have the possession and care of all the property ofthe agricultural association.

3. Fix the terms of office and the bonds of thesecretary and the treasurer, and shall determine their salaries and duties.

4. Have the power to make all necessary bylaws, rulesand regulations for the government of the agricultural association and themanagement of its financial affairs.

[Part 7:75:1885; BH 400; cited C 5101; RL 438;NCL 333]

NRS 547.110 Annualfair or exhibition by agricultural association; limitations. The district board of agriculture shall provide for anannual fair or exhibition by the agricultural association of all the industriesand industrial products in the agricultural district, at such time and place asthe board may deem advisable, but:

1. No district fair shall be held in any of thedistricts at the same time as the state fair; and

2. The State shall in no event be liable for anypremium offered, or award, or for any debt contracted by any district board ofagriculture or agricultural association.

[Part 7:75:1885; BH 400; cited C 5101; RL 438;NCL 333]

NRS 547.115 Agriculturalstatus of property unaffected by use of property for exhibition, fair or otherspecial event.

1. If property in public or private ownership:

(a) Is designated or considered to be agricultural landor is otherwise dedicated to an agricultural purpose or use; and

(b) Is used by an agricultural association for anexhibition, fair or other special event that is authorized pursuant tosubsection 4 of NRS 547.090 or NRS 547.110,

the use ofthe property by the agricultural association shall be deemed to be an expandedagricultural use, and such use must not be construed to have affected orchanged the agricultural status of the property that existed before it was usedby the agricultural association.

2. The provisions of subsection 1 apply to allproperty 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 theagricultural association pursuant to a donation, gift, grant of authorizationor permission, or other similar means.

(Added to NRS by 1997, 1263)

NRS 547.120 Countycommissioners may appropriate money to aid agricultural association in holdingannual fair or exhibition. For the purpose ofaiding each and any agricultural association formed under the provisions ofthis chapter within any county or counties in successfully carrying out thepurposes for which it has been organized, which association shall annuallyhold, within any county or counties comprising the agricultural district, afair or exhibition, the boards of county commissioners of the several countiesare authorized to appropriate any money or moneys out of the general fund oftheir respective counties to aid any such agricultural association composingany agricultural district of which the county or counties may be a part.

[1:70:1893; A 1913, 105; 1919 RL 440; NCL 335]

NRS 547.130 Useof money appropriated by county commissioners; use for paying purse for racingprohibited.

1. Any moneys appropriated by a board of countycommissioners shall be used by the district boards of agriculture of each orany such agricultural associations for the payment of such premiums as may beawarded by each or any of the several agricultural associations or the districtboards of agriculture thereof, and for such purposes as the agriculturalassociations may through their district boards of agriculture deem just andproper.

2. None of the moneys so appropriated by the boards ofcounty commissioners shall be used by the district boards of agriculture of thevarious agricultural associations, either directly or indirectly, for thepurpose of paying any purse or purses for racing.

[2:70:1893; cited C 5101; RL 441; NCL 336]

NRS 547.140 Districtscomposed of two or more counties: Each county authorized to make appropriation;amount limited; exception to limitation.

1. Except as otherwise provided in subsection 2, iftwo or more counties are included in and comprise an agricultural district, theboards of county commissioners of such counties are authorized to appropriate,out of the general fund of such counties, such money for the encouragement ofsuch agricultural associations as the boards may, in their judgment, deem justand proper.

2. In no case may an appropriation described insubsection 1 exceed the sum of $1,500 in any 1 year, unless the money soappropriated was obtained from the proceeds of a tax imposed pursuant to chapter 377A of NRS.

[4:70:1893; cited C 5101; RL 443; NCL 338](NRSA 2005, 1400)

NRS 547.150 Conditionsprecedent to appropriation by county. Beforeany board of county commissioners shall appropriate any moneys as provided in NRS 547.120, 547.130 and 547.140, the board shall have presented toit a certificate under oath signed by the president and the secretary of thedistrict board of agriculture showing:

1. The amount of money expended by such agriculturalassociation within the county or counties composing such agricultural district.

2. That the same was expended for the payment ofpremiums awarded by the district board of agriculture of such agriculturalassociation or for such purposes as the agricultural association has throughits district board of agriculture determined to be just and proper.

3. That the same was not expended, either directly orindirectly, for the purpose of paying any purse or purses for racing.

[3:70:1893; cited C 5101; RL 442; NCL 337](NRSA 1967, 141)

NRS 547.160 Paymentof appropriation.

1. When the boards of county commissioners of thecounties constituting and comprising the agricultural district shall determineand allow the amount to be appropriated annually for the purposes mentioned in NRS 547.130, the same shall be paid asother bills against the county are paid.

2. All warrants drawn pursuant to the provisions ofthis section shall be made payable to the order of the president of thedistrict board of agriculture of such agricultural association, or in the caseof his absence or inability to serve, such warrants shall be made payable tothe order of a member of the district board of agriculture as such board shall,by a majority vote thereof, determine and direct.

[5:70:1893; cited C 5101; RL 444; NCL 339]

 

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