[Rev. 11/21/2013 12:21:29 PM--2013]

TITLE 49 - AGRICULTURE

CHAPTER 547 - AGRICULTURAL DISTRICTS AND ASSOCIATIONS

NRS 547.010           State divided into agricultural districts.

NRS 547.020           Formation of agricultural association; name.

NRS 547.030           Officers of agricultural association.

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

NRS 547.050           Secretary to report classification and organization of board.

NRS 547.060           Terms of directors after first appointment; vacancies.

NRS 547.070           Fiscal year.

NRS 547.080           Agricultural associations recognized as state institutions.

NRS 547.090           Powers of agricultural association.

NRS 547.100           Powers and duties of district board of agriculture.

NRS 547.110           Annual fair or exhibition by agricultural association; limitations.

NRS 547.115           Agricultural status of property unaffected by use of property for exhibition, fair or other special event.

NRS 547.120           County commissioners may appropriate money to aid agricultural association in holding annual fair or exhibition.

NRS 547.130           Use of money appropriated by county commissioners; use for paying purse for racing prohibited.

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

NRS 547.150           Conditions precedent to appropriation by county.

NRS 547.160           Payment of appropriation.

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      NRS 547.010  State divided into agricultural districts.  The State is 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  Formation of agricultural association; name.  Any 20 or more persons who are citizens within any of the agricultural districts constituted in NRS 547.010 may form an association for the improvement of the material industries within such agricultural district, and when so formed the association shall be known and designated by the name of ................................ Agricultural Association, and by such name and style shall have perpetual succession.

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

      NRS 547.030  Officers of agricultural association.  The officers of an agricultural association shall consist of:

      1.  Eight directors, who shall constitute a district board 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 be directors.

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

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

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

      (a) The Governor, if the agricultural district is composed of more than one county, shall appoint eight persons who are residents of the agricultural district and who are members of the agricultural association to be members of the district board of agriculture for the agricultural district; or

      (b) The board of county commissioners, if the agricultural district constitutes a single-county agricultural district, shall appoint eight persons who are residents of the agricultural district to be members of the district board of agriculture for the agricultural district.

      2.  Within 10 days after their appointment, the persons so appointed shall meet at a place within the agricultural district and organize by the election of:

      (a) One of their number as president of the district board of agriculture and the agricultural association, who shall hold the office of president for 1 year and until his or her successor is elected.

      (b) A secretary and a treasurer.

      3.  At the same meeting the members of the district board of agriculture shall, by lot or otherwise, classify themselves into four classes of two members each. The terms of office of:

      (a) The first class expire:

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

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

      (b) The second class expire:

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

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

      (c) The third class expire:

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

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

      (d) The fourth class expire:

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

             (2) On December 31 of the fourth fiscal year if the member was appointed to a district board of agriculture for an agricultural district whose population is less than 100,000 as determined by the population of 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] + [Part 6:75:1885; BH § 399; cited C § 5101; RL § 437; NCL § 332]—(NRS A 1969, 515; 1997, 1263; 1999, 186)

      NRS 547.050  Secretary to report classification and organization of board.  When any district board of agriculture is classified and organized as provided in NRS 547.040, the secretary of the board shall 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  Terms of directors after first appointment; vacancies.

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

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

      (b) January 1, if the member was appointed to a district board of agriculture for an agricultural district whose population is less than 100,000 as determined by the population of the county or counties that compose the district.

      2.  The secretary shall report any vacancy which may occur in the district board of agriculture to its appointing authority as specified in NRS 547.040, and the vacancy must be filled by appointment for the unexpired term.

      3.  The incumbent members of the district board of agriculture may submit to the appointing authority for consideration a list of nominees 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  Fiscal year.  The fiscal year shall be from July 1 to June 30, inclusive.

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

      NRS 547.080  Agricultural associations recognized as state institutions.  Each agricultural association formed and organized as provided in this chapter is hereby recognized as a state institution.

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

      NRS 547.090  Powers of agricultural association.  An agricultural association 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 such buildings and improvements as may be erected thereon, and may sell, lease and dispose of the same at pleasure. The real property must be used by the agricultural 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 agricultural district. The association may allow the use of its property for other special events in the community.

      5.  Obtain medium-term obligations as provided in chapter 350 of NRS for local governments other than 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  Powers and duties of district board of agriculture.  The district board of agriculture shall:

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

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

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

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

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

      NRS 547.110  Annual fair or exhibition by agricultural association; limitations.  The district board of agriculture shall provide for an annual fair or exhibition by the agricultural association of all the industries and industrial products in the agricultural district, at such time and place as the board may deem advisable, but:

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

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

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

      NRS 547.115  Agricultural status of property unaffected by use of property for exhibition, fair or other special event.

      1.  If property in public or private ownership:

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

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

Ê the use of the property by the agricultural association shall be deemed to be an expanded agricultural use, and such use must not be construed to have affected or changed the agricultural status of the property that existed before it was used by the agricultural association.

      2.  The provisions of subsection 1 apply to all property 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 the agricultural association pursuant to a donation, gift, grant of authorization or permission, or other similar means.

      (Added to NRS by 1997, 1263)

      NRS 547.120  County commissioners may appropriate money to aid agricultural association in holding annual fair or exhibition.  For the purpose of aiding each and any agricultural association formed under the provisions of this chapter within any county or counties in successfully carrying out the purposes for which it has been organized, which association shall annually hold, within any county or counties comprising the agricultural district, a fair or exhibition, the boards of county commissioners of the several counties are authorized to appropriate any money or moneys out of the general fund of their respective counties to aid any such agricultural association composing any 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  Use of money appropriated by county commissioners; use for paying purse for racing prohibited.

      1.  Any moneys appropriated by a board of county commissioners shall be used by the district boards of agriculture of each or any such agricultural associations for the payment of such premiums as may be awarded by each or any of the several agricultural associations or the district boards of agriculture thereof, and for such purposes as the agricultural associations may through their district boards of agriculture deem just and proper.

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

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

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

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

      2.  In no case may an appropriation described in subsection 1 exceed the sum of $1,500 in any 1 year, unless the money so appropriated 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]—(NRS A 2005, 1400)

      NRS 547.150  Conditions precedent to appropriation by county.  Before any board of county commissioners shall appropriate any moneys as provided in NRS 547.120, 547.130 and 547.140, the board shall have presented to it a certificate under oath signed by the president and the secretary of the district board of agriculture showing:

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

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

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

      [3:70:1893; cited C § 5101; RL § 442; NCL § 337]—(NRS A 1967, 141)

      NRS 547.160  Payment of appropriation.

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

      2.  All warrants drawn pursuant to the provisions of this section shall be made payable to the order of the president of the district board of agriculture of such agricultural association, or in the case of the president’s absence or inability to serve, such warrants shall be made payable to the 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]