Assembly Bill No. 345

Assembly Bill No. 345-Assemblymen Anderson, Buckley, Evans, Chowning, Freeman, Bache, Arberry, Krenzer, Segerblom, Goldwater, Herrera and Lee

April 9, 1997
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Referred to Concurrent Committees on Transportation and Ways and Means

SUMMARY--Requires public service commission of Nevada to collect annual assessment from railroads to support activities of commission relating to railroad safety. (BDR 58-1228)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: No.

EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.

AN ACT relating to railroads; requiring the public service commission of Nevada to collect an annual assessment from railroads to support the activities of the commission relating to railroad safety; imposing certain reporting requirements on railroads; providing a penalty; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1 Chapter 704 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The commission shall levy and collect an annual assessment from each railroad subject to the jurisdiction of the commission that transports cargo into, out of or through this state. The assessment must be used only to support the activities of the commission relating to railroad safety.
2. The annual assessment must be not more than $0.10 per ton of cargo transported by the railroad into, out of or through this state during the immediately preceding calendar year.
3. On or before August 1 of each year, the commission shall mail a form for reporting tonnage of cargo to each railroad subject to the provisions of this section. The form must be mailed to the current address of the railroad on file with the commission. The form serves as notice of the intent of the commission to assess the railroad in accordance with this section, except that the failure of the commission to notify any railroad does not invalidate the assessment with respect thereto.
4. The railroad shall:
(a) Complete the form for reporting tonnage of cargo;
(b) Compute the assessment; and
(c) Return the completed form to the commission accompanied by payment of the assessment and any penalty due, as calculated pursuant to subsection 5.
5. The assessment is due on or before October 1 of each year. A railroad that fails to pay the assessment provided for by this section on or before November 1, shall pay, in addition to the assessment, a penalty of 1 percent of the total unpaid balance for each month or portion thereof that the assessment is delinquent, or $10, whichever is greater, but no penalty may exceed $1,000 for each delinquent payment.
6. The assessment as computed by a railroad is subject to review and audit by the commission, and the amount of the assessment may be adjusted by the commission as a result of the audit and review.
7. If a railroad sells, transfers or conveys its certificate of public convenience and necessity or substantially all of its assets, the commission shall determine, levy and collect the accrued assessment for the current year not later than 30 days after the sale, transfer or conveyance, unless the transferee has assumed liability for the assessment. For the purposes of this subsection, the jurisdiction of the commission over the selling, transferring or conveying railroad continues until the assessment of the railroad has been paid.
8. The commission may bring an appropriate action in its own name for the collection of any assessment and penalty that is not paid as provided in this section.
Sec. 2 NRS 704.640 is hereby amended to read as follows:
704.640 Any person who:
1. Operates any public utility to which NRS 704.005 to 704.751, inclusive, and section 1 of this act, applies without first obtaining a certificate of public convenience and necessity or in violation of its terms;
2. Fails to make any return or report required by NRS 704.005 to 704.751, inclusive, and section 1 of this act, or by the commission pursuant to NRS 704.005 to 704.751, inclusive [;] , and section 1 of this act;
3. Violates, or procures, aids or abets the violating of , any provision of NRS 704.005 to 704.751, inclusive [;] , and section 1 of this act;
4. Fails to obey any order, decision or regulation of the commission;
5. Procures, aids or abets any person in his failure to obey the order, decision or regulation; or
6. Advertises, solicits, proffers bids or otherwise holds himself out to perform as a public utility in violation of any of the provisions of NRS 704.005 to 704.751, inclusive, and section 1 of this act,
shall be fined not more than $500.
Sec. 3 The amendatory provisions of this act do not apply to offenses that are committed before July 1, 1997.
Sec. 4 The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 5. This act becomes effective on July 1, 1997.