NRS704.309. Railroads: Commission to levy and collect annual assessments; fee for delinquent assessment; sale or transfer of certificate of public convenience and necessity; action for collection of assessment or fee.

      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 September 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 November 1 of each year. Each railroad that is subject to the provisions of this section which fails to pay the assessment on or before December 1, shall pay, in addition to the assessment, a fee 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 fee 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 fee that is not paid pursuant to this section.

      (Added to NRS by 1997, 1496; A 2001, 1765; 2007, 37)