Senate Bill No. 522–Committee on Transportation

 

CHAPTER ……

 

AN ACT relating to the state financial administration; clarifying certain provisions governing use of money in the state highway fund; 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.  NRS 481.083 is hereby amended to read as follows:

   481.083  1.  Except for the operation of the investigation division, the

 division of emergency management, the state fire marshal division, the

 division of parole and probation, and the capitol police division of the

 department, money for the administration of the provisions of this chapter

 must be provided by direct legislative appropriation or authorization from

 the state highway fund upon the presentation of budgets in the manner

 required by law.

   2.  All money provided for the support of the department and its

 various divisions must be paid out on claims approved by the director in

 the same manner as other claims against the state are paid.

   Sec. 2.  NRS 482.180 is hereby amended to read as follows:

   482.180  1.  The motor vehicle fund is hereby created as an agency

 fund. Except as otherwise provided in subsection 4 or by a specific statute,

 all money received or collected by the department must be deposited in the

 state treasury for credit to the motor vehicle fund.

   2.  The interest and income on the money in the motor vehicle fund,

 after deducting any applicable charges, must be credited to the state

 highway fund.

   3.  Any check accepted by the department in payment of vehicle

 privilege tax or any other fee required to be collected pursuant to this

 chapter must, if it is dishonored upon presentation for payment, be charged

 back against the motor vehicle fund or the county to which the payment

 was credited, in the proper proportion.

   4.  All money received or collected by the department for the basic

 vehicle privilege tax must be deposited in the local government tax

 distribution account, created by NRS 360.660, for credit to the

 [appropriate county pursuant to subsection 6.] county for which it was

 collected.

   5.  Money for the administration of the provisions of this chapter must

 be provided by direct legislative appropriation or authorization from the

 state highway fund, upon the presentation of budgets in the manner

 required by law. Out of the appropriation [,] or authorization, the

 department shall pay every item of expense.

   6.  The privilege tax collected on vehicles subject to the provisions of

 chapter 706 of NRS and engaged in interstate or intercounty operation

 must be distributed among the counties in the following percentages:

 

   Carson City..... 1.07 percent   Lincoln   3.12 percent

   Churchill   5.21 percent Lyon   2.90 percent

   Clark 22.54 percent   Mineral   2.40 percent


   Douglas   2.52 percent. Nye   4.09 percent

   Elko 13.31 percent   Pershing   7.00 percent

   Esmeralda   2.52 percent   Storey   .19 percent

   Eureka 3.10 percent   Washoe   12.24 percent

   Humboldt   8.25 percent   White Pine   5.66 percent

   Lander   3.88 percent

 

The distributions must be allocated among local governments within the

 respective counties pursuant to the provisions of NRS 482.181.

   7.  The department shall withhold 6 percent from the amount of

 privilege tax collected by the department as a commission. From the

 amount of privilege tax collected by a county assessor, the state controller

 shall credit 1 percent to the department as a commission and remit 5

 percent to the county for credit to its general fund as commission for the

 services of the county assessor.

   8.  When the requirements of this section and NRS 482.181 have been

 met, and when directed by the department, the state controller shall

 transfer monthly to the state highway fund any balance in the motor

 vehicle fund.

   9.  If a statute requires that any money in the motor vehicle fund be

 transferred to another fund or account, the department shall direct the

 controller to transfer the money in accordance with the statute.

   Sec. 3.  NRS 459.735 is hereby amended to read as follows:

   459.735  1.  The contingency account for hazardous materials is

 hereby created in the state general fund.

   2.  The commission shall administer the contingency account for

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

 for:

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

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

 Public Law 93-633;

   (c) Maintaining and supporting the operations of the commission and

 local emergency planning committees;

   (d) Training and equipping state and local personnel to respond to

 accidents and incidents involving hazardous materials; and

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

 handling emergencies relating to hazardous materials and related fires

 pursuant to NRS 477.045.

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

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

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

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

 with the state treasurer to the credit of the contingency account for

 hazardous materials. The state controller shall transfer from the

 contingency account to the operating account of the state fire marshal such

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

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

 paragraph (e) of subsection 2.

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

 money to support the operation of the commission pursuant to this chapter,

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


appropriation or authorization from the state highway fund to the

contingency account for hazardous materials.

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

 account for hazardous materials, after deducting any applicable charges,

 must be credited to the account.

   6.  All claims against the contingency account for hazardous materials

 must be paid as other claims against the state are paid.

   Sec. 4.  Section 30 of Senate Bill No. 59 of this session is hereby

 amended to read as follows:

   Sec. 30.  NRS 482.180 is hereby amended to read as follows:

   482.180  1.  The motor vehicle fund is hereby created as an

 agency fund. Except as otherwise provided in subsection 4 or by a

 specific statute, all money received or collected by the department

 must be deposited in the state treasury for credit to the motor vehicle

 fund.

   2.  The interest and income on the money in the motor vehicle

 fund, after deducting any applicable charges, must be credited to the

 state highway fund.

   3.  Any check accepted by the department in payment of [vehicle

 privilege] the governmental services tax or any other fee required to

 be collected pursuant to this chapter must, if it is dishonored upon

 presentation for payment, be charged back against the motor vehicle

 fund or the county to which the payment was credited, in the proper

 proportion.

   4.  All money received or collected by the department for the basic

 [vehicle privilege] governmental services tax must be deposited in

 the local government tax distribution account, created by NRS

 360.660, for credit to the county for which it was collected.

   5.  Money for the administration of the provisions of this chapter

 must be provided by direct legislative appropriation or authorization

 from the state highway fund, upon the presentation of budgets in the

 manner required by law. Out of the appropriation or authorization,

 the department shall pay every item of expense.

   6.  The [privilege] governmental services tax collected on

 vehicles subject to the provisions of chapter 706 of NRS and engaged

 in interstate or intercounty operation must be distributed among the

 counties in the following percentages:

 

Carson City.... 1.07 percent Lincoln.... 3.12 percent

Churchill.. 5.21 percent... Lyon.... 2.90 percent

Clark.. 22.54 percent Mineral.... 2.40 percent

Douglas.. 2.52 percent.... Nye.... 4.09 percent

Elko.. 13.31 percent Pershing.. 7.00 percent

Esmeralda 2.52 percent. Storey....   .19 percent

Eureka.... 3.10 percent Washoe. 12.24 percent

Humboldt 8.25 percent.. White Pine.... 5.66 percent

Lander.... 3.88 percent

 

The distributions must be allocated among local governments within

 the respective counties pursuant to the provisions of NRS 482.181.


   7.  The department shall withhold 6 percent from the amount of

[privilege] the governmental services tax collected by the department

 as a commission. From the amount of [privilege] the governmental

 services tax collected by a county assessor, the state controller shall

 credit 1 percent to the department as a commission and remit 5

 percent to the county for credit to its general fund as commission for

 the services of the county assessor.

   8.  When the requirements of this section and NRS 482.181 have

 been met, and when directed by the department, the state controller

 shall transfer monthly to the state highway fund any balance in the

 motor vehicle fund.

   9.  If a statute requires that any money in the motor vehicle fund

 be transferred to another fund or account, the department shall direct

 the controller to transfer the money in accordance with the statute.

   Sec. 5.  This act becomes effective upon passage and approval.

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