Senate Bill No. 141–Committee on Finance

 

(On Behalf of Department of Motor Vehicles and

Public Safety—Fire Marshal)

 

February 15, 2001

____________

 

Referred to Committee on Finance

 

SUMMARY—Makes various changes concerning state fire marshal division of department of motor vehicles and public safety. (BDR 42‑404)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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

 

AN ACT relating to the state fire marshal; establishing the hazardous materials section in the state fire marshal division of the department of motor vehicles and public safety; revising provisions governing the accounting and use of certain revenue derived by the state fire marshal; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. NRS 477.010 is hereby amended to read as follows:

1-2    477.010  1.  The state fire marshal division is hereby established in the

1-3  department of motor vehicles and public safety.

1-4    2.  The division consists of the fire protection and control section, the

1-5  fire investigation section, the public education section, the fire service

1-6  training section , [and] the fire data section[.] and the hazardous materials

1-7  section.

1-8    Sec. 2.  NRS 477.031 is hereby amended to read as follows:

1-9    477.031  The state fire marshal shall by regulation adopt a schedule of

1-10  fees for the services and regulatory activities performed by the state fire

1-11  marshal division pursuant to the provisions of this chapter[. The] ,

1-12  including, without limitation, the issuance of permits for the storage of

1-13  hazardous materials. Except as otherwise provided in NRS 477.045, the

1-14  fees must:

1-15    1.  Approximate the cost of those services and activities.

1-16    2.  Be deposited with the state treasurer for credit to the appropriate

1-17  account of the state fire marshal division.

1-18    3.  Be used to carry out the provisions of this chapter.

2-1    Sec. 3.  NRS 477.045 is hereby amended to read as follows:

2-2    477.045  1.  The state fire marshal shall establish a statewide training

2-3  program for response to spills of hazardous materials and related fires. The

2-4  state fire marshal shall require persons who store hazardous materials to

2-5  obtain a permit to do so. The state fire marshal shall collect a surcharge of

2-6  $60 for each such permit issued in the state. The surcharge is in addition to

2-7  any other fee charged for the issuance of such a permit.

2-8    2.  The revenue derived by the state fire marshal [pursuant to this

2-9  section] from the fee established pursuant to NRS 477.031 for the

2-10  issuance of such a permit and the surcharge imposed pursuant to

2-11  subsection 1 must be deposited with the state treasurer for credit to the

2-12  [contingency account for hazardous materials.] state fire marshal division

2-13  and accounted for separately. The money in the account must first be

2-14  used to pay the expenses of the statewide training program established

2-15  pursuant to subsection 1. Any excess money in the account must be used

2-16  to carry out the other provisions of this chapter.

2-17    Sec. 4.  NRS 459.735 is hereby amended to read as follows:

2-18    459.735  1.  The contingency account for hazardous materials is

2-19  hereby created in the state general fund.

2-20    2.  The commission shall administer the contingency account for

2-21  hazardous materials, and the money in the account may be expended only

2-22  for:

2-23    (a) Carrying out the provisions of NRS 459.735 to 459.773, inclusive;

2-24    (b) Carrying out the provisions of Public Law 99-499 and Title I of

2-25  Public Law 93-633;

2-26    (c) Maintaining and supporting the operations of the commission and

2-27  local emergency planning committees; and

2-28    (d) Training and equipping state and local personnel to respond to

2-29  accidents and incidents involving hazardous materials . [; and

2-30    (e) The operation of training programs and a training center for

2-31  handling emergencies relating to hazardous materials and related fires

2-32  pursuant to NRS 477.045.]

2-33    3.  All money received by this state as a result of Public Law 99-499 or

2-34  Title I of Public Law 93-633 must be deposited with the state treasurer to

2-35  the credit of the contingency account for hazardous materials. In addition,

2-36  all money received by the commission from any source must be deposited

2-37  with the state treasurer to the credit of the contingency account for

2-38  hazardous materials. [The state controller shall transfer from the

2-39  contingency account to the operating account of the state fire marshal such

2-40  money collected pursuant to chapter 477 of NRS as is authorized for

2-41  expenditure in the budget of the state fire marshal for use pursuant to

2-42  paragraph (e) of subsection 2.]

2-43    4.  Upon the presentation of budgets in the manner required by law,

2-44  money to support the operation of the commission pursuant to this chapter,

2-45  other than its provision of grants, must be provided by direct legislative

2-46  appropriation from the state highway fund to the contingency account for

2-47  hazardous materials.

3-1    5.  The interest and income earned on the money in the contingency

3-2  account for hazardous materials, after deducting any applicable charges,

3-3  must be credited to the account.

3-4    6.  All claims against the contingency account for hazardous materials

3-5  must be paid as other claims against the state are paid.

3-6    Sec. 5.  The state controller shall transfer from the contingency

3-7  account for hazardous materials to the account of the state fire marshal

3-8  division of the department of motor vehicles and public safety created

3-9  pursuant to subsection 2 of NRS 477.045 all money in the contingency

3-10  account for hazardous materials that was collected pursuant to chapter 477

3-11  of NRS and any accumulated interest and income that has been credited to

3-12  the contingency account for hazardous materials which is attributable to

3-13  that money.

3-14    Sec. 6.  This act becomes effective on July 1, 2001.

 

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