reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.111 - Composition; heads of divisions.

1. The Department consists of a Director, three Deputy Directors, a Chief Engineer and the following:
(a) Administrative Division.
(b) Operations Division.
(c) Engineering Division.
(d) Planning Division.
2. The head of a Division is an assistant director. Assistant directors are in the unclassified service of the State.
(Added to NRS by 1979, 1782; A 1983, 1662; 2003, 2520; 2013, 2629; 2017, 2632, 4137; 2021, 3816; 2023, 2825)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.115 - Office.

The Department shall maintain its principal offices at Carson City, Nevada. The offices must be kept open at such times as the business of the Department and the convenience or the interest of the public may require. The offices are under the supervision of the Director.
(Added to NRS by 1957, 665; A 1979, 1763)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.116 - Legal actions; process.

1. All legal notices, writs, service and process issued or ordered by a court of competent jurisdiction wherein the Department is named as a defendant must be personally served upon both the Director and the Chair of the Board or, in the absence of the Director and the Chair of the Board, the process must be served personally upon both the Secretary of State and one of the Deputy Directors.
2. All legal actions brought and defended by the Department must be in the name of the State of Nevada on relation of its Department.
3. This section is not a consent on the part of the Department to be sued.
(Added to NRS by 1957, 666; A 1979, 1764; 1987, 1799; 1989, 1299; 2003, 2521; 2017, 4137; 2021, 3816; 2023, 2825)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.118 - Study of operations of Department: Legislative approval required.

Before the Board or the Director may enter into an agreement providing for a study of the operations of the Department, the process to be used to select a person to perform the study and the proposed agreement for the study must be approved by the Legislature by concurrent resolution, or by the Interim Finance Committee if the Legislature is not in session.
(Added to NRS by 1989, 1298)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.119 - Governor authorized to direct naming of state highway, road, bridge or transportation facility after deceased member of Armed Forces of United States; duties of Director.

1. The Governor may, upon receiving a recommendation from the Nevada Veterans Services Commission pursuant to NRS 417.400, require the Director to name, subject to the provisions of this chapter, a highway, road, bridge or transportation facility of this State constructed, acquired, leased or opened on or after July 1, 2015, after a deceased member of the Armed Forces of the United States.
2. The Director shall, as soon as sufficient money is available from the Nevada Will Always Remember Veterans Gift Account created by NRS 417.410, cause to be designed, procured and installed an appropriate marker, plaque, statue or sign bearing the name of the deceased member of the Armed Forces of the United States at or upon the respective highway, road, bridge or transportation facility as required by the Governor pursuant to subsection 1.
(Added to NRS by 2015, 562)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.121 - Adoption and use of seal; appointment and duties of Secretary.

1. The Board shall adopt a seal for use in authenticating contracts, records and proceedings of the Department.
2. The Board shall appoint a Secretary from within the Department, who shall:
(a) Attend all meetings of the Board.
(b) Keep complete and accurate records of all the meetings, business and transactions of the Board.
(c) Keep in his or her custody the seal of the Board, and may impress it upon all contracts and documents on which it is necessary or appropriate.
(d) With the approval of the Board, prepare upon the request of any interested person copies of any contract or document in his or her custody, and may certify the contract or document. The Secretary shall not permit the originals to be taken from his or her custody by any person except members and employees of the Department.
(e) Receive no extra compensation for his or her services.
3. The duties of the Secretary are ex officio. The Secretary’s appointment is not subject to the provisions of chapter 284 of NRS.
(Added to NRS by 1989, 1297)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.131 - Duties.

The Board shall:
1. Consider, at its meetings, all questions relating to the general policy of the Department and transact such business as properly comes before it.
2. Receive and consider, at such time as the Board selects, an annual report by the Director.
3. Except as otherwise provided in NRS 408.203, act for the Department in all matters relating to recommendations, reports and such other matters as the Board finds advisable to submit to the Legislature.
4. Maintain a record of all proceedings of the Board.
5. Execute or approve all instruments and documents in the name of the State or the Department necessary to carry out the provisions of this chapter.
6. Except as otherwise provided in NRS 408.389, delegate to the Director such authority as it deems necessary under the provisions of this chapter.
7. Act by resolution, vote or order entered in its records.
(Added to NRS by 1989, 1297; A 1993, 1366; 2017, 4137; 2021, 3816; 2023, 2825)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.133 - Plan for measuring performance of Department; report on level of achievement.

1. The Board shall adopt a plan for measuring the performance of the Department, which must include separate sets of performance measurements for each division of the Department and for the Department as a whole.
2. The Director shall, not later than December 31 of each year:
(a) Prepare a report, based upon the relevant performance measurements adopted pursuant to subsection 1, on the level of achievement of each division of the Department and of the Department as a whole during the immediately preceding fiscal year. The report must include a discussion of:
(1) The goals and objectives of the Department, and the current status of the Department in relation to meeting those goals and objectives;
(2) Any applicable directives from the Board or Legislature since the most recent report prepared pursuant to this section;
(3) The scheduling, scope, cost and progress of any current or proposed highway projects;
(4) The sources, amount and expenditure of any funding received during the immediately preceding fiscal year;
(5) The rationale used to establish priorities for the completion of highway projects; and
(6) Any recommendations for amendments to the plan adopted pursuant to subsection 1.
(b) Submit the report to:
(1) The Board; and
(2) The Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee.
(Added to NRS by 2007, 1590)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.141 - Rules; agreements with other states; designation of alternate routes for transportation of hazardous material.

The Board may:
1. Adopt such rules, bylaws, motions and resolutions, not inconsistent with this chapter, as are necessary to govern the administration, activities and proceedings of the Department.
2. On behalf of the State of Nevada, enter into agreements with any adjoining state, or any proper agency of such a state, for the construction, reconstruction, improvement, operation and maintenance by any party to such agreement, in such manner and by such means as are provided in the agreement, of bridges over interstate waters, and may enter into like agreements with respect to the construction, reconstruction, improvement, operation and maintenance of highways within the State of Nevada or an adjoining state, when the highways are at or near the common boundary of the states.
3. Authorize the Department to join associations of highway officials of other states and other organizations which have as their purpose the interchange of information and the establishment of standards and policies relating to highway construction, reconstruction, improvement, maintenance and administration.
4. Designate by regulation alternative routes for the transport of radioactive, chemical or other hazardous materials over the highways or county roads of this state, in lieu of the preferred highways for such transport designated by the United States Department of Transportation, or approve alternative routes set forth in a proposed county or city ordinance if the regulation or ordinance does not conflict with the standards for alternative routes established by the United States Department of Transportation.
(Added to NRS by 1957, 665; A 1981, 233; 1987, 1799; 1989, 1300)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.146 - Sale or lease of certain water rights to public utility; reconveyance.

1. The Board may sell or lease any of the State’s water rights which are appurtenant to real property acquired pursuant to this chapter to a public utility engaged in the business of furnishing water for municipal, industrial and domestic purposes without first offering those water rights to the public.
2. If a public utility wishes to dispose of any water right acquired pursuant to subsection 1, it must be reconveyed to the State.
(Added to NRS by 1983, 526; A 1985, 704; 1987, 1800; 1989, 1300)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.151 - Loans from financial institutions; limitations.

1. Whenever the Legislature is not in session, the Board may borrow, with the approval of the State Board of Examiners, money from financial institutions for short periods to carry out the responsibilities of the Department.
2. To secure short-term financing, the Board may pledge only revenue which it anticipates the Department will receive.
3. The lending institution has no claim against the State, and may recover from the Director under the loan agreement only to the extent that the revenues pledged as security for the loan become available.
(Added to NRS by 1981, 1289; A 1987, 1800; 1989, 1301)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.160 - Director: Appointment; term.

The Board shall select a person to be the Director of the Department who:
1. Is responsible to the Board; and
2. Serves at the pleasure of the Board.
(Added to NRS by 1957, 667; A 1963, 574; 1971, 166; 1979, 1764; 1987, 1801; 1989, 1299)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.163 - Director: Qualifications; classification.

The Director:
1. Is in the unclassified service of the State.
2. Must have had at least 5 years of responsible administrative experience in public or business administration.
3. Must possess broad skills as a manager in areas related to the functions of the Department.
(Added to NRS by 1979, 1782; A 1983, 1662; 1987, 1801; 1997, 1067; 2015, 2137)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.170 - Director: Other employment prohibited; removal.

The Director shall devote his or her whole time to the duties of his or her office, and may be removed by the Board at any time.
(Added to NRS by 1957, 667; A 1979, 1764; 1987, 1801; 1989, 1299)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.172 - Chief Counsel: Appointment; assistants; duties; classification.

1. Subject to the approval of the Board, the Attorney General shall, immediately upon request by the Board, appoint an attorney at law as the Chief Counsel of the Department, and such assistant attorneys as are necessary. Attorneys so appointed are deputy attorneys general.
2. The Chief Counsel shall act as the attorney and legal adviser of the Department in all actions, proceedings, hearings and all matters relating to the Department and to the powers and duties of its officers.
3. Under the direction of or in the absence of the Chief Counsel, the assistant attorneys may perform any duty required or permitted by law to be performed by the Chief Counsel.
4. The Chief Counsel and assistant attorneys are in the unclassified service of the State.
5. All contracts, instruments and documents executed by the Department must be first approved and endorsed as to legality and form by the Chief Counsel.
(Added to NRS by 1957, 666; A 1967, 1496; 1971, 1434; 1979, 274; 1981, 1279; 1987, 1800; 1989, 1299; 2017, 4138; 2021, 3816; 2023, 2826)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.175 - Employment of Deputy Directors and other personnel; restrictions on other employment of Deputy Directors.

1. The Director shall:
(a) Appoint one Deputy Director who in the absence, inability or failure of the Director has full authority to perform any duty required or permitted by law to be performed by the Director.
(b) Appoint one Deputy Director for southern Nevada whose principal office must be located in an urban area in southern Nevada.
(c) Appoint one Deputy Director with full authority to perform any duty required or allowed by law to be performed by the Director to implement, manage, oversee and enforce any environmental program of the Department.
(d) Employ such engineers, engineering and technical assistants, clerks and other personnel as in the Director’s judgment may be necessary to the proper conduct of the Department and to carry out the provisions of this chapter.
2. Except as otherwise provided in NRS 284.143, the Deputy Directors shall devote their entire time and attention to the business of the office and shall not pursue any other business or occupation or hold any other office of profit.
3. The Director may delegate such authority as may be necessary for the Deputy Director appointed pursuant to paragraph (b) of subsection 1 to carry out his or her duties.
(Added to NRS by 1967, 667; A 1963, 975; 1967, 1497; 1969, 707; 1971, 166, 1435; 1979, 1764; 1985, 420; 1997, 618; 2003, 2521; 2015, 2137, 2138; 2017, 4138; 2021, 3816; 2023, 2826)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.178 - Qualifications and classifications of Deputy Directors and Chief Engineer.

1. Each Deputy Director:
(a) Is in the unclassified service of the State.
(b) Must hold a master’s degree in public or business administration, hold the degree of bachelor of science in civil, structural, mechanical or industrial engineering, or be a licensed professional engineer.
(c) Must have at least:
(1) Two years of administrative experience as an assistant director or the Chief Engineer; or
(2) Fifteen years of progressively responsible experience in engineering or project management.
2. The Chief Engineer:
(a) Is in the unclassified service of the State.
(b) Must be a licensed professional engineer.
(c) Except as otherwise provided in subsection 3, must have at least 3 years of experience as the final engineering authority for a state’s agency which has duties similar to those of the Department.
3. If the Director or the Deputy Director appointed pursuant to paragraph (a) of subsection 1 of NRS 408.175 is a licensed professional engineer, he or she may also act as the Department’s Chief Engineer.
(Added to NRS by 1979, 1782; A 1983, 1662; 1997, 1068; 2003, 2521; 2021, 32)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.185 - Facsimile signatures of Director and Deputy Directors.

1. The Director and Deputy Directors may use a facsimile signature produced through a mechanical device in place of their handwritten signatures whenever the necessity may arise.
2. Such a device must be of such a nature that the facsimile signature plate may be inserted and removed from the mechanical device only by use of two locking keys.
3. Such facsimile signatures must be made and used only under the personal direction and supervision of the Director or Deputy Director whose signature the facsimile represents.
4. All of the facsimile signature plates and locking keys must at all times be kept in a vault, securely locked when not in use, to the end that any misuse, fraudulent use or other improper use is prevented.
5. Notwithstanding the provisions of this section, the Director or a Deputy Director and the State Treasurer may combine their facsimile signatures as provided in NRS 226.080.
(Added to NRS by 1957, 667; A 1967, 348; 1969, 707; 1979, 1765; 2001, 2926; 2003, 2522)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.190 - Duties of Director: General plan of highways; information, statistics and maps.

The Director shall cause to be made and kept by the Department a general plan of the highways and shall collect information and compile statistics and maps relative to the mileage, traffic, character and condition of the highways.
(Added to NRS by 1957, 668; A 1979, 1765)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.195 - Duties of Director: General supervision of highways.

The Director shall determine the character and has the general supervision of the construction, reconstruction, improvement, maintenance and repair of all highways, facilities and services authorized under the provisions of this chapter.
(Added to NRS by 1957, 668; A 1979, 1765)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.200 - Duties of Director: Standards for construction and maintenance; telecommunications facilities within rights-of-way; cooperation with county officers.

1. The Director shall investigate and determine the methods of highway construction best adapted to the various sections of the State, and shall establish standards and specifications for the construction and maintenance of the highways, giving due regard to the topography, natural conditions, character and availability of road-building materials.
2. The Director shall coordinate with telecommunications providers, as defined in NRS 408.5517, for the reasonable, efficient and cost effective installation, maintenance, operation, relocation and upgrade of telecommunications facilities within rights-of-way for state highways as follows:
(a) For rights-of-way not on an interstate, the Department may place additional conduit and related facilities within such rights-of-way for use by telecommunications providers based on the potential use by such providers, as determined by the Department. The Department may grant use of such conduit and related facilities by telecommunications providers in exchange for a trade value, as determined by the Department, for such use from such providers. A telecommunications provider is not entitled to compensation for its expenses to relocate from the conduit infrastructure of the Department unless such provider has a right of occupancy in its current location because it holds a compensable real property interest.
(b) For rights-of-way on an interstate, the Department may grant longitudinal access to such rights-of-way in accordance with NRS 408.5501 to 408.55029, inclusive.
3. The Director may construct, reconstruct, operate and maintain materials testing and research laboratory facilities as may be necessary to establish and maintain such standards and specifications.
4. The Director may be consulted by county officials, including members of regional transportation commissions, having authority over streets and highways within their respective counties relative to any question involving such streets and highways; and the Director may, in like manner, obtain from such county officials all such information or assistance as they may render in the performance of the Director’s duties with their county, and such county officials shall supply such information when requested by the Director.
(Added to NRS by 1957, 668; A 1967, 161; 1979, 1749, 1765; 2017, 537)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.201 - Duties of Director: Policies for use of recycled materials in highways.

The Director shall adopt policies that provide for the use of recycled aggregate, recycled bituminous pavement and recycled rubber from tires in projects for the construction, reconstruction, improvement, maintenance and repair of highways undertaken by the Department pursuant to this chapter.
(Added to NRS by 2011, 1601)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.203 - Duties of Director: Reports to Legislature.

The Director shall:
1. Compile a comprehensive report outlining the requirements for the construction and maintenance of highways for the next 10 years, including anticipated revenues and expenditures of the Department, and submit it to the Director of the Legislative Counsel Bureau for transmittal to the Chairs of the Senate and Assembly Standing Committees on Transportation.
2. Compile a comprehensive report of the requirements for the construction and maintenance of highways for the next 4 years, including anticipated revenues and expenditures of the Department, no later than October 1 of each even-numbered year, and submit it to the Director of the Legislative Counsel Bureau for transmittal to the Chairs of the Senate and Assembly Standing Committees on Transportation.
3. Report to the Legislature by February 1 of odd-numbered years the progress being made in the Department’s 10-year plan for the resurfacing of state highways. The report must include an accounting of revenues and expenditures in the preceding 2 fiscal years, a list of the projects which have been completed, including mileage and cost, and an estimate of the adequacy of projected revenues for timely completion of the plan.
4. On or before February 1 of each odd-numbered year, submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report concerning all mobile equipment eliminated by outsourcing or purchased or leased by the Department in the preceding 2 fiscal years. The report must include, without limitation, an analysis of the costs and benefits of each purchase, lease or contract prepared pursuant to subsection 2 of NRS 408.389, the justification for the decision to purchase, lease or contract and any other information required by the Director relating to such purchase, lease or contract.
(Added to NRS by 1981, 1715; A 1987, 1801; 1989, 325; 2011, 1628; 2015, 192)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.205 - Powers of Director: Execution of instruments and documents; deductions from wages of officers and employees for purchase of United States Savings Bonds or similar obligations.

1. With the approval of the Board, the Director may execute all plans, specifications, contracts and instruments in the name of the State of Nevada necessary for the carrying out of the provisions of this chapter, except as otherwise provided in NRS 226.700 to 226.832, inclusive, and except those construction contracts as provided in NRS 408.327 and 408.347.
2. The Director has such other power and authority as is necessary and proper under the provisions of this chapter, or as the Board delegates to the Director.
3. The Director shall provide for the purchase of United States Savings Bonds or similar United States obligations by salary or wage deductions for officers and employees of the Department who make written requests for such deductions and purchases. To allow all Department officers and employees the opportunity of requesting salary or wage deductions for the purchase of United States obligations, the Director shall provide forms authorizing the deductions and purchases and shall make them readily available to all Department officers and employees.
(Added to NRS by 1957, 668; A 1979, 1766; 1987, 1802; 1989, 1299; 2017, 4138; 2021, 3816)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.212 - Powers of Director: Easements for monorail or other systems of transportation.

1. The Director may grant to any person owning, operating or intending to construct a monorail or other overhead or underground system used for transportation easements for:
(a) The installation of supporting or accessory structures within the limits of a highway.
(b) The use of air space over or underground space beneath a highway.
2. The Director may authorize necessary construction work to be performed within the limits of the highway for the installation or repair of any such system, and the temporary closing of a highway, or the restriction of its use, for such purposes.
3. No structure may be installed or use made of overhead or underground space pursuant to this section which would permanently interfere with the existing use of any highway.
(Added to NRS by 1967, 869; A 1979, 1767)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.213 - Powers of Director: Designation of highway as scenic route; adoption of regulations.

1. The Director may designate a highway or portion of a highway as a scenic route if the route meets the requirements established by regulation for such a designation.
2. The Director shall adopt regulations which prescribe the requirements for the designation of highways as scenic routes.
3. All official maps published by the Department which are intended primarily for the use of tourists must identify highways or portions of highways which have been designated as scenic routes.
(Added to NRS by 1983, 532; A 1993, 1377)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.214 - Duties of Director: Designation of restricted highways.

The Director shall designate restricted highways which are susceptible to severe damage if traveled upon on or after February 1 but before May 1 in violation of a limitation of weight imposed by NRS 484D.615 to 484D.675, inclusive.
(Added to NRS by 1999, 1042)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.215 - Duties of Director: Records; index of deeds; regulations.

1. The Director has charge of all the records of the Department, keeping records of all proceedings pertaining to the Department and keeping on file information, plans, specifications, estimates, statistics and records prepared by the Department, except those financial statements described in NRS 408.333 and the financial or proprietary information described in paragraph (c) of subsection 6 of NRS 408.3886, which must not become matters of public record.
2. The Director may photograph, film, place an image of on microfilm, save as an image in an electronic recordkeeping system or dispose of the records of the Department referred to in subsection 1 as provided in NRS 239.051, 239.080 and 239.085.
3. The Director shall maintain an index or record of deeds or other references of title or interests in and to all lands or interests in land owned or acquired by the Department.
4. The Director shall adopt such regulations as may be necessary to carry out and enforce the provisions of this chapter.
(Added to NRS by 1957, 669; A 1959, 490; 1963, 576; 1979, 1768; 1981, 602; 1999, 3487; 2001, 2018, 2022; 2003, 119, 2522; 2011, 27; 2017, 4139; 2021, 3816; 2023, 2826)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.220 - Duties of Director: Reports to Board.

Before September 1 of each even-numbered year, for the biennium ending June 30 of that year, and at such other times as the Board designates, the Director shall report all the proceedings of the Department to the Board.
(Added to NRS by 1957, 669; A 1969, 1457; 1979, 1768; 1987, 1802; 1989, 1301)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.225 - Powers of Director: Purchase and rental of and contracts for equipment, supplies and services.

Except as otherwise provided in NRS 408.323 and 226.700 to 226.832, inclusive, the Director, with the approval of the Board, may rent, lease, purchase and contract for all equipment, materials, supplies, vehicles, road machinery, tools, implements and technical services required for the purpose of this chapter. Such equipment, supplies and services must be managed and used under the control of the Director.
(Added to NRS by 1957, 669; A 1979, 1768; 1987, 1802; 1989, 1301; 2017, 4139; 2021, 3816)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.228 - Highway Safety Information and Outreach Coordinator: Creation; duties; authority to provide certain grants.

The position of Highway Safety Information and Outreach Coordinator is hereby created in the Department. The Highway Safety Information and Outreach Coordinator:
1. Shall plan and administer a program of safety education which includes safety information concerning interaction among motor vehicles, bicycles, electric bicycles and pedestrians.
2. May provide grants to local governmental entities, including school districts, for assistance in carrying out the program of safety education.
(Added to NRS by 2011, 2517)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.233 - Planning Division: Responsibilities and duties; operation of railroad or airport prohibited.

1. The primary responsibilities of the Planning Division are to:
(a) Develop and coordinate balanced transportation policy and planning which are consistent with the social, economic and environmental goals of the State. The plan must be designed to meet the present and future needs of the State and local areas of the State for adequate, safe and efficient transportation facilities and services at a reasonable cost to the taxpayer.
(b) Coordinate local plans for balanced transportation facilities and services and assist in application for federal grants which must be submitted through an appropriate or designated state agency. The facilities and services may include, but are not limited to, highways, pathways and special lanes for bicycles, railways, urban public transportation and aviation. The authority and duties of the Department with respect to aviation are limited to areas outside the jurisdiction of any airport authority.
2. The Planning Division, in cooperation with other state agencies and with agencies of local government, shall:
(a) Establish planning techniques and processes for all modes of transportation at an appropriate level, according to the requirements of the State and local areas of the State.
(b) Prepare, revise when appropriate, provide supporting information for and assist in carrying out the transportation plan by providing assistance in the development of the Department’s capital program for all modes of transportation.
(c) Test and evaluate the policies, plans, proposals, systems, programs and projects of the Department within the framework of the goals of the Department.
(d) Conduct research in planning techniques, travel needs, transportation potential for the State, investigating, testing and demonstrating methods and equipment suitable for application to the problems of transportation facing the State.
3. The Department shall not operate any railroad or airport.
(Added to NRS by 1979, 1782; A 1991, 2233)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.234 - Motor Vehicle Recovery and Transportation Planner: Creation; duties.

1. The position of Motor Vehicle Recovery and Transportation Planner is hereby created in the Department.
2. The Motor Vehicle Recovery and Transportation Planner shall:
(a) Develop and administer a plan for the construction of motor vehicle recovery and bicycle lanes that are not less than 3 feet wide in all new construction and major repair work on every highway in the State, in accordance with appropriate standards of design;
(b) Develop a plan for the maintenance of motor vehicle recovery and bicycle lanes throughout the State;
(c) Prepare and distribute information on motor vehicle recovery and bicycle lanes, bicycle safety manuals and bicycle route maps throughout the State;
(d) Develop standards for the design of motor vehicle recovery and bicycle lanes and bicycle paths and routes;
(e) Develop standardized signs and markings which indicate bicycle lanes;
(f) Determine where appropriate signs and markings will be located on state highways and coordinate their placement;
(g) Establish a statewide plan of motor vehicle recovery and bicycle lanes and bicycle paths and routes and update the plan annually;
(h) Identify projects which are related to motor vehicle recovery and bicycle lanes and place each project in its proper order of priority;
(i) Investigate possible sources of money which may be available to promote motor vehicle recovery and bicycle lanes and bicycle facilities and programs throughout this State and solicit money from those sources;
(j) Provide assistance to the Department of Motor Vehicles and the Department of Public Safety in coordinating activities which are related to motor vehicle and bicycle safety in the communities of this State;
(k) Investigate the programs of the Rails-to-Trails Conservancy and where feasible, participate in those programs;
(l) Identify the potential effect of bicycle programs on tourism in this State; and
(m) Carry out any other duties assigned to him or her by the Director.
3. The Director may remove any of the duties set out in subsection 2 if the Director determines that the duty is no longer necessary or appropriate.
4. As used in this section, "bicycle" has the meaning ascribed to it in NRS 484A.025 and includes an electric bicycle as defined in NRS 482.0287.
(Added to NRS by 1991, 2235; A 2001, 2605; 2009, 403)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.240 - State Highway Revolving Account: Establishment; use; warrants; deposit; transfers to State Highway Fund.

1. The State Highway Revolving Account is hereby established in an amount not to exceed $500,000. The money in the Account may be used by the Department to provide advances to employees of the Department for travel expenses and subsistence allowances and for paying travel expenses and subsistence allowances and other charges and obligations requiring prompt payment, and for no other purposes.
2. The State Controller shall draw a warrant to establish an amount of $125,000 in the account. Thereafter, upon written request of the Board, as it deems increases in the Account to be necessary, the Controller shall draw additional warrants. Upon presentation of such a warrant to the State Treasurer, the State Treasurer shall pay it.
3. All money paid by the Department from the State Highway Revolving Account must, after payment thereof, be passed upon by the State Board of Examiners in the same manner as other claims against the State. When approved by the State Board of Examiners, the State Controller shall draw a warrant for the amount of the money paid in favor of the State Highway Revolving Account to be paid to the order of the Director, and the State Treasurer shall pay the warrant.
4. The Director shall deposit the State Highway Revolving Account in one or more banks or credit unions of reputable standing and secure the deposit by a depositary bond satisfactory to the State Board of Examiners.
5. A least once each calendar quarter, the Director shall transfer any interest and other income earned on the money in the State Highway Revolving Account to the State Highway Fund.
(Added to NRS by 1957, 670; A 1961, 175; 1979, 1769; 1983, 393; 1987, 1802; 1989, 1301; 1993, 1940; 1999, 1491)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.242 - Establishment of nonreverting account for construction, reconstruction, improvement and maintenance of public roads consisting of money transferred from Fund for Cleaning Up Discharges of Petroleum and money from other sources; semiannual allocation of balance of account.

1. The Department shall establish an account in the State Highway Fund to be administered by the Director. The interest and income on the money in the account, after deducting any applicable charges, must be credited to the account. Any money remaining in the account at the end of each fiscal year does not revert to the State Highway Fund but must be carried over into the next fiscal year. The money in the account must be used exclusively for the construction, reconstruction, improvement and maintenance of public roads.
2. The account consists of:
(a) The money transferred to the account pursuant to NRS 445C.350;
(b) All income and interest earned on the money in the account; and
(c) All other money received by the account from any source.
3. On July 1 and December 31 of each year, the Director shall allocate:
(a) Seventy percent of the money in the account to a regional transportation commission in a county whose population is 700,000 or more;
(b) Twenty percent of the money in the account to a regional transportation commission in a county whose population is 100,000 or more but less than 700,000; and
(c) Ten percent of the money in the account to the Department for use in counties that have a population of less than 100,000.
(Added to NRS by 2010, 26th Special Session, 46; A 2011, 1251; 2015, 3601)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.245 - Acceptance of federal acts.

1. The State of Nevada and its Department hereby accepts and assents to the provisions of:
(a) The Federal Aid Road Act, being an Act of Congress entitled "An Act to provide that the United States shall aid the States in the construction of rural post roads, and for other purposes," approved July 11, 1916 (c. 241, 39 Stat. 355); and
(b) The Federal Highway Act, being an Act of Congress entitled "An Act To amend the Act entitled ‘An Act to provide that the United States shall aid the States in the construction of rural post roads, and for other purposes,’ approved July 11, 1916, as amended and supplemented, and for other purposes," approved November 9, 1921 (c. 119, 42 Stat. 212).
2. The State and its Department accepts as a continuing obligation any and all acts amendatory or supplementary to such federal acts.
(Added to NRS by 1957, 671)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.250 - Federal acts: State highways; contracts; pledge to match federal money.

1. The Department is authorized:
(a) To enter into all contracts and agreements with the United States Government relating to the engineering, planning, surveying and preparing of plans, acquiring of property, constructing and maintaining of highways under the provisions of the Acts of Congress described in NRS 408.245, and the rules and regulations promulgated thereunder by the Secretary of Commerce and the Federal Highway Administrator.
(b) To submit such schemes, plans and programs of construction and maintenance as may be required by the Secretary of Commerce and the Federal Highway Administrator.
(c) To do all other things necessary to carry out the cooperation and programs contemplated and provided for by such federal acts.
2. For the engineering, planning, constructing and improving of highways and roads provided under the Federal Aid Road Act, the good faith of the State is hereby pledged to make funds available sufficient to match in the proportion designated in the Federal Aid Road Act the sums of money apportioned to the State by or under the United States Government, and to maintain at its own expense the highways so constructed with the aid of funds so designated, and to make adequate provisions for carrying out such maintenance.
(Added to NRS by 1957, 671; A 1965, 1075)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.255 - Federal acts: Secondary and feeder highways; contracts; pledge to match federal money.

1. The Department is authorized:
(a) To enter into all contracts and agreements with the United States Government relating to the engineering, planning, surveying, preparing of plans, acquiring of property, constructing and maintaining of secondary and feeder highways and roads.
(b) To submit such schemes, plans and programs of construction and maintenance as may be required by the Secretary of Commerce and the Federal Highway Administrator.
(c) To do all other things necessary to carry out the cooperation and programs contemplated and provided for by such federal acts in the construction and maintenance of such secondary and feeder highways and roads, including farm-to-market, mine-to-market, rural free delivery, public school bus and other rural roads.
2. For the engineering, planning, constructing and improving of such secondary and feeder highways and roads under the Acts of Congress described in NRS 408.245, the good faith of the State is hereby pledged to make available funds sufficient to match, in the proportion designated in such acts, the sums of money apportioned to the State by or under the United States Government and to maintain at its own expense the highways and roads so constructed with the aid of funds so designated and make adequate provisions for carrying out such maintenance.
(Added to NRS by 1957, 671; A 1965, 1075)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.260 - Federal lands: Construction and maintenance of highways; availability of federal money.

1. The Department is authorized to enter into contracts and agreements with agencies of the Federal Government in matters concerning the construction, reconstruction, improvement and maintenance of highways as provided in this chapter when such highways enter upon or traverse lands under the ownership or control of such federal agencies.
2. When federal moneys for such construction, reconstruction, improvement and maintenance have been appropriated and made available under Acts of Congress other than those acts described in NRS 408.245, the Department is authorized to receive the same.
(Added to NRS by 1957, 672)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.265 - Federal money deposited in State Highway Fund.

Except as otherwise provided in NRS 226.700 to 226.832, inclusive, all money received from the Government of the United States and by virtue of the provisions of any Act of Congress for the engineering, planning, surveying, acquiring of property, constructing, reconstructing or improving of any highway in the State must be put into the State Treasury and become a part of the State Highway Fund and that Fund must not be used for any other purpose.
(Added to NRS by 1957, 672; A 1967, 1742; 1985, 704; 2017, 4139; 2021, 3816)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.270 - Vouchers for payment; temporary transfer of money from State General Fund to State Highway Fund.

1. At least once each month the Director shall file with the State Controller a certificate showing the number and amount of vouchers filed with the division engineer of the Federal Highway Administration having jurisdiction over highway construction in the State of Nevada, for payment out of the apportionment made to the state under appropriations made by Congress for aid to the various states for highway purposes.
2. Whenever claims payable out of the State Highway Fund and properly approved by the State Board of Examiners exceed the amount that is available in the State Highway Fund, the State Controller may transfer temporarily from the State General Fund to the State Highway Fund such amount as may be required to pay the claims, but not more than 50 percent of the amount collectible from the Government of the United States as shown by the vouchers mentioned in subsection 1.
(Added to NRS by 1957, 672; A 1965, 1076; 1979, 1769; 1987, 717)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.271 - Department may expend money to conduct studies and match federal money for capital acquisitions.

The Department may expend money, when authorized by the Legislature for expenditure from the interest earned by investment of the State Highway Fund, to conduct studies of transportation or to match for capital acquisition only, in the proportion designated in the following acts, the sums of money apportioned by the Federal Government to any of the political subdivisions of the State or any private corporation or association in the State under these acts:
1. The Urban Mass Transportation Act (49 U.S.C. §§ 1601 et seq.), which includes the Urban Mass Transportation Act of 1964 (P.L. 88–365) and amendments made by the Federal-Aid Highway Act of 1973 (P.L. 93–87, August 13, 1973), the Surface Transportation Assistance Act of 1978 (P.L. 95–599, November 6, 1978) and any amendments thereto made after July 1, 1981.
2. The Department of Transportation Act (49 U.S.C. §§ 1651 et seq.), which includes the Department of Transportation Act (P.L. 89–670) and amendments made by the Local Rail Service Assistance Act of 1978 (P.L. 95–607, November 8, 1978) and any amendments thereto made after July 1, 1981.
(Added to NRS by 1981, 1287)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.273 - Issuance of bonds.

1. The State Board of Finance shall, when so requested by the Board, issue special obligation bonds of the State of Nevada to provide money to enable the Department to complete pending and currently projected highway construction projects, in an amount specified in the request. The bonds may be issued at one time or from time to time, and must be issued in accordance with the State Securities Law. These bonds must be secured by:
(a) A pledge of the appropriate federal highway grants payable to the State; or
(b) The appropriate federal highway grants payable to the State and taxes which are credited to the State Highway Fund, other than any taxes that would cause the bonds to create a public debt within the meaning of Section 3 of Article 9 of the Constitution of the State of Nevada,
and must mature within not more than 30 years from their date.
2. The Department shall cooperate with the State Treasurer in the issuance of the bonds.
3. The State Treasurer may employ any necessary legal, financial or other professional services in connection with the issuance of the bonds.
(Added to NRS by 1979, 1259; A 1987, 1803; 1989, 1301; 1997, 506, 3013; 1999, 73; 2007, 1969; 2015, 1366)