(REPRINTED WITH ADOPTED AMENDMENTS) SECOND REPRINT
Assembly Bill No. 345-Assemblymen Anderson, Buckley, Evans, Chowning, Freeman, Bache, Arberry, Krenzer, Segerblom, Goldwater, Herrera and Lee
April 9, 1997
____________
Referred to Concurrent Committees on Transportation and Ways and Means
SUMMARY--Requires certain railroads to pay certain expenses for activities of the public service commission of Nevada 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; authorizing certain expenditures by the commission for rail safety inspectors; 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 to support the activities of the commission relating to railroad safety.
2. The annual assessment levied on railroads:
(a) Must be equal to the costs incurred by the commission that are not offset by the fees paid pursuant to NRS 459.512.
(b) Must be not more than 1 cent per ton of cargo transported by the railroads 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:
(a) Calculate the amount of the assessment to be levied pursuant to this section for the previous fiscal year; and
(b) Mail to each railroad subject to the provisions of this section to the current address of the railroad on file with the commission a notice indicating the amount of the assessment. The failure of the commission to so notify a railroad does not invalidate the assessment.
4. An assessment levied pursuant to this section is due on or before October 1 of each year. Each railroad that is subject to the provisions of this section which fails to pay the assessment 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, except that no penalty may exceed $1,000 for each delinquent payment.
5. If a railroad sells or transfers its certificate of public convenience and necessity or sells or transfers substantially all of its assets, the commission shall calculate, levy and collect the accrued assessment for the current year not later than 30 days after the sale or transfer, unless the purchaser or transferee has assumed liability for the assessment. For the purposes of this subsection, the jurisdiction of the commission over the sale or transfer of a railroad continues until the assessment of the railroad has been paid.
6. The commission may bring an appropriate action in its own name for the collection of any assessment and penalty that is not paid pursuant to 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 Expenditure of the following sums not appropriated from the state general fund or the state highway fund is hereby authorized by the public service commission of Nevada:
1. During the fiscal year beginning July 1, 1997, and ending June 30, 1998, $145,000 for rail safety inspectors.
2. During the fiscal year beginning July 1, 1998, and ending June 30, 1999, $145,000 for rail safety inspectors.
Sec. 4 The amendatory provisions of this act do not apply to offenses that are committed before July 1, 1997.
Sec. 5 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. 6. This act becomes effective on July 1, 1997.