Amendment No. 149

 

Assembly Amendment to Assembly Bill No. 19                                                                  (BDR 43‑217)

Proposed by: Committee on Ways and Means

Amendment Box: Replaces Amendment No. 96.

Resolves Conflicts with: N/A

Amends:         Summary:               Title:               Preamble:               Joint Sponsorship:

 

Adoption of this amendment will MAINTAIN a 2/3s majority vote requirement for final passage of AB19 (§§ 1, 3).

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                       

       Receded        Not                                               |         Receded        Not                                           

 

     Amend section 1, page 1, lines 4 and 5, by deleting:

Division of Emergency Management of the Department of Public Safety,” and inserting:

State Emergency Response Commission,”.

     Amend section 1, page 2, by deleting lines 19 through 21 and inserting:

subsection 4 with the State Treasurer for credit to the Contingency Account for Hazardous Materials created by NRS 459.735 in the State General Fund.”.

     Amend the bill as a whole by deleting sec. 4 and adding a new section designated sec. 4, following sec. 3, to read as follows:

     “Sec. 4. 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 , except as otherwise provided in subsection 4, 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 42 U.S.C. §§ 11001 et seq. and 49 U.S.C. §§ 5101 et seq.;

     (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 pursuant to 42 U.S.C. §§ 11001 et seq. or 49 U.S.C. §§ 5101 et seq. 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.  Any fees deposited with the State Treasurer for credit to the Contingency Account for Hazardous Materials pursuant to subsection 5 of section 1 of this act must be accounted for separately and must be expended solely to provide financial assistance to this state or to local governments in this state to support preparedness to combat terrorism, including, without limitation, planning, training and purchasing supplies and equipment.

     5. 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 from the State Highway Fund or other legislative authorization to the Contingency Account for Hazardous Materials.

     [5.] 6. 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.] 7.  All claims against the Contingency Account for Hazardous Materials must be paid as other claims against the State are paid.”.