(REPRINTED WITH ADOPTED AMENDMENTS)

 

Senate Bill No. 522–Committee on Transportation

 

(On Behalf of Department of Motor Vehicles and
Public Safety—Directors Office)

 

March 26, 2001

____________

 

Referred to Committee on Transportation

 

SUMMARY—Clarifies certain provisions concerning administration of money in state highway fund. (BDR 43‑566)

 

FISCAL NOTE:    Effect on Local Government: No.

                                 Effect on the State: No.

 

~

 

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

 

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:

 

1-1    Section 1. NRS 481.083 is hereby amended to read as follows:

1-2    481.083  1.  Except for the operation of the investigation division, the

1-3  division of emergency management, the state fire marshal division, the

1-4  division of parole and probation, and the capitol police division of the

1-5  department, money for the administration of the provisions of this chapter

1-6  must be provided by direct legislative appropriation or authorization from

1-7  the state highway fund upon the presentation of budgets in the manner

1-8  required by law.

1-9    2.  All money provided for the support of the department and its

1-10  various divisions must be paid out on claims approved by the director in

1-11  the same manner as other claims against the state are paid.

1-12    Sec. 2.  NRS 482.180 is hereby amended to read as follows:

1-13    482.180  1.  The motor vehicle fund is hereby created as an agency

1-14  fund. Except as otherwise provided in subsection 4 or by a specific statute,

1-15  all money received or collected by the department must be deposited in the

1-16  state treasury for credit to the motor vehicle fund.

1-17    2.  The interest and income on the money in the motor vehicle fund,

1-18  after deducting any applicable charges, must be credited to the state

1-19  highway fund.

2-1    3.  Any check accepted by the department in payment of vehicle

2-2  privilege tax or any other fee required to be collected pursuant to this

2-3  chapter must, if it is dishonored upon presentation for payment, be charged

2-4  back against the motor vehicle fund or the county to which the payment

2-5  was credited, in the proper proportion.

2-6    4.  All money received or collected by the department for the basic

2-7  vehicle privilege tax must be deposited in the local government tax

2-8  distribution account, created by NRS 360.660, for credit to the [appropriate

2-9  county pursuant to subsection 6.] county for which it was collected.

2-10    5.  Money for the administration of the provisions of this chapter must

2-11  be provided by direct legislative appropriation or authorization from the

2-12  state highway fund, upon the presentation of budgets in the manner

2-13  required by law. Out of the appropriation[,] or authorization, the

2-14  department shall pay every item of expense.

2-15    6.  The privilege tax collected on vehicles subject to the provisions of

2-16  chapter 706 of NRS and engaged in interstate or intercounty operation

2-17  must be distributed among the counties in the following percentages:

 

2-18  ................. Carson City    1.07 percent....... Lincoln   3.12 percent

2-19  ..................... Churchill    5.21 percent.......... Lyon   2.90 percent

2-20  ........................... Clark    22.54 percent..... Mineral   2.40 percent

2-21  ....................... Douglas    2.52 percent............ Nye   4.09 percent

2-22  ............................ Elko    13.31 percent... Pershing   7.00 percent

2-23  ................... Esmeralda    2.52 percent........ Storey     .19 percent

2-24  ......................... Eureka    3.10 percent...... Washoe   12.24 percent

2-25  .................... Humboldt    8.25 percent.. White Pine   5.66 percent

2-26  ........................ Lander    3.88 percent

 

2-27  The distributions must be allocated among local governments within the

2-28  respective counties pursuant to the provisions of NRS 482.181.

2-29    7.  The department shall withhold 6 percent from the amount of

2-30  privilege tax collected by the department as a commission. From the

2-31  amount of privilege tax collected by a county assessor, the state controller

2-32  shall credit 1 percent to the department as a commission and remit 5

2-33  percent to the county for credit to its general fund as commission for the

2-34  services of the county assessor.

2-35    8.  When the requirements of this section and NRS 482.181 have been

2-36  met, and when directed by the department, the state controller shall transfer

2-37  monthly to the state highway fund any balance in the motor vehicle fund.

2-38    9.  If a statute requires that any money in the motor vehicle fund be

2-39  transferred to another fund or account, the department shall direct the

2-40  controller to transfer the money in accordance with the statute.

2-41    Sec. 3.  NRS 459.735 is hereby amended to read as follows:

2-42    459.735  1.  The contingency account for hazardous materials is

2-43  hereby created in the state general fund.

2-44    2.  The commission shall administer the contingency account for

2-45  hazardous materials, and the money in the account may be expended only

2-46  for:

2-47    (a) Carrying out the provisions of NRS 459.735 to 459.773, inclusive;

3-1    (b) Carrying out the provisions of Public Law 99-499 and Title I of

3-2  Public Law 93-633;

3-3    (c) Maintaining and supporting the operations of the commission and

3-4  local emergency planning committees;

3-5    (d) Training and equipping state and local personnel to respond to

3-6  accidents and incidents involving hazardous materials; and

3-7    (e) The operation of training programs and a training center for

3-8  handling emergencies relating to hazardous materials and related fires

3-9  pursuant to NRS 477.045.

3-10    3.  All money received by this state as a result of Public Law 99-499 or

3-11  Title I of Public Law 93-633 must be deposited with the state treasurer to

3-12  the credit of the contingency account for hazardous materials. In addition,

3-13  all money received by the commission from any source must be deposited

3-14  with the state treasurer to the credit of the contingency account for

3-15  hazardous materials. The state controller shall transfer from the

3-16  contingency account to the operating account of the state fire marshal such

3-17  money collected pursuant to chapter 477 of NRS as is authorized for

3-18  expenditure in the budget of the state fire marshal for use pursuant to

3-19  paragraph (e) of subsection 2.

3-20    4.  Upon the presentation of budgets in the manner required by law,

3-21  money to support the operation of the commission pursuant to this chapter,

3-22  other than its provision of grants, must be provided by direct legislative

3-23  appropriation or authorization from the state highway fund to the

3-24  contingency account for hazardous materials.

3-25    5.  The interest and income earned on the money in the contingency

3-26  account for hazardous materials, after deducting any applicable charges,

3-27  must be credited to the account.

3-28    6.  All claims against the contingency account for hazardous materials

3-29  must be paid as other claims against the state are paid.

3-30    Sec. 4.  Section 30 of Senate Bill No. 59 of this session is hereby

3-31  amended to read as follows:

3-32    Sec. 30.  NRS 482.180 is hereby amended to read as follows:

3-33    482.180  1.  The motor vehicle fund is hereby created as an

3-34  agency fund. Except as otherwise provided in subsection 4 or by a

3-35  specific statute, all money received or collected by the department

3-36  must be deposited in the state treasury for credit to the motor vehicle

3-37  fund.

3-38    2.  The interest and income on the money in the motor vehicle

3-39  fund, after deducting any applicable charges, must be credited to the

3-40  state highway fund.

3-41    3.  Any check accepted by the department in payment of [vehicle

3-42  privilege] the governmental services tax or any other fee required to

3-43  be collected pursuant to this chapter must, if it is dishonored upon

3-44  presentation for payment, be charged back against the motor vehicle

3-45  fund or the county to which the payment was credited, in the proper

3-46  proportion.

3-47    4.  All money received or collected by the department for the basic

3-48  [vehicle privilege] governmental services tax must be deposited in the

4-1  local government tax distribution account, created by NRS 360.660,

4-2  for credit to the county for which it was collected.

4-3     5.  Money for the administration of the provisions of this chapter

4-4  must be provided by direct legislative appropriation or authorization

4-5  from the state highway fund, upon the presentation of budgets in the

4-6  manner required by law. Out of the appropriation or authorization, the

4-7  department shall pay every item of expense.

4-8     6.  The [privilege] governmental services tax collected on

4-9  vehicles subject to the provisions of chapter 706 of NRS and engaged

4-10  in interstate or intercounty operation must be distributed among the

4-11  counties in the following percentages:

 

4-12  Carson City1.07 percent                     Lincoln   3.12 percent

4-13  Churchill5.21 percent     Lyon..... 2.90 percent

4-14  Clark22.54 percent        Mineral.. 2.40 percent

4-15  Douglas2.52 percent      Nye....... 4.09 percent

4-16  Elko13.31 percent          Pershing7.00 percent

4-17  Esmeralda2.52 percent   Storey...   .19 percent

4-18  Eureka3.10 percent        Washoe12.24 percent

4-19  Humboldt8.25 percent   White Pine5.66 percent

4-20  Lander3.88 percent       

 

4-21  The distributions must be allocated among local governments within

4-22  the respective counties pursuant to the provisions of NRS 482.181.

4-23    7.  The department shall withhold 6 percent from the amount of

4-24  [privilege] the governmental services tax collected by the department

4-25  as a commission. From the amount of [privilege] the governmental

4-26  services tax collected by a county assessor, the state controller shall

4-27  credit 1 percent to the department as a commission and remit 5

4-28  percent to the county for credit to its general fund as commission for

4-29  the services of the county assessor.

4-30    8.  When the requirements of this section and NRS 482.181 have

4-31  been met, and when directed by the department, the state controller

4-32  shall transfer monthly to the state highway fund any balance in the

4-33  motor vehicle fund.

4-34    9.  If a statute requires that any money in the motor vehicle fund

4-35  be transferred to another fund or account, the department shall direct

4-36  the controller to transfer the money in accordance with the statute.

4-37    Sec. 5.  This act becomes effective upon passage and approval.

 

4-38  H