[Rev. 11/21/2013 3:23:02 PM--2013]

CHAPTER 705 - RAILROADS AND MONORAILS

APPLICABILITY OF CHAPTER

NRS 705.005           Effect of federal preemption.

FOREIGN CORPORATIONS

NRS 705.010           Construction and operation of railroad by foreign corporation; qualification to do business.

RIGHTS-OF-WAY AND FRANCHISES

NRS 705.020           County, city or town may grant use of street by railroad to reach depot or pass through; limitations.

CONDITIONAL SALE OF EQUIPMENT

NRS 705.030           Contract reserving title or lien as security for full payment.

NRS 705.040           Lease containing stipulation for conditional sale of equipment at termination of lease.

NRS 705.050           Validity of contract for conditional sale.

NRS 705.060           Contract recorded with Secretary of State; recording of declaration of full payment; fees.

NRS 705.070           NRS 705.030 to 705.060, inclusive, not to invalidate contracts made before March 27, 1913.

SALE OR LEASE OF PROPERTY AND FRANCHISES

NRS 705.080           Sale, transfer or lease of property and franchises to corporation: Consent of stockholders; operation by buyer or lessee.

TRANSPORTATION OF LIVESTOCK

NRS 705.090           Confinement of livestock in car for longer than 28 hours in intrastate shipment prohibited; extension of time.

NRS 705.100           Animals to be fed and watered when unloaded; duties of custodian or company; lien of company.

NRS 705.110           Penalty.

FENCES AND GUARDS FOR LIVESTOCK

NRS 705.120           Duty of maintaining fences; liability for killing livestock.

NRS 705.130           Duty of constructing barriers or guards where public road crosses fenced-in right-of-way; liability for killing or injuring livestock.

NRS 705.140           Penalty for allowing animal to stray on enclosed right-of-way.

DAMAGES FOR LIVESTOCK KILLED BY RAILROADS

NRS 705.150           Liability for negligent killing or injuring livestock; prima facie evidence of negligence.

NRS 705.160           Settlement of claim within 90 days; action for recovery; assignment of claim.

NRS 705.170           Fenced right-of-way to be equipped with passageways and gates; responsibility of railroad.

NRS 705.180           Employee to report killing or injuring of livestock.

NRS 705.190           Owner or operator of railroad to provide notice upon injuring or killing livestock; notice to be posted at stations and forwarded to State Department of Agriculture; contents of notice.

NRS 705.200           Penalties.

EMPLOYEES

NRS 705.210           Employees’ hours of employment limited; penalties.

NRS 705.220           Railroad police: Appointment; responsibility for actions; wearing of badge.

NRS 705.230           Unlawful compulsion or requirement of purchase of uniform or apparel as condition of continued employment; penalty.

NRS 705.240           Engineer required to be able to read timetables and ordinary handwriting; penalty.

NRS 705.250           Intoxication and other violations of duties; penalties.

LIABILITY OF RAILROADS TO EMPLOYEES AND DEPENDENTS IN CASES OF PERSONAL INJURY OR WRONGFUL DEATH

NRS 705.260           “Common carrier” defined.

NRS 705.270           Liability for injury to or death of employee.

NRS 705.280           Contributory negligence of employee not to bar recovery; diminution of damages by jury; violation by employer of safety statute.

NRS 705.290           Risk of employment not assumed where injury or death results from negligence of employer’s officers or employees or defect in equipment.

NRS 705.300           Question of causation for jury’s determination.

NRS 705.310           Fact of injury or death presumptive evidence of want of care by employer.

NRS 705.320           Contract or regulation of employer exempting employer from liability void; setoff by employer in action.

NRS 705.330           Survival of right of action.

NRS 705.340           Limitation of actions.

LIABILITY OF RAILROADS TO PASSENGERS IN CASES OF PERSONAL INJURY

NRS 705.350           Liability to passenger for personal injury; violation by passenger of printed regulations or verbal instructions.

EQUIPMENT

NRS 705.360           Headlights on locomotive; penalty.

NRS 705.370           Emergency first-aid kits: Contents prescribed by Commission; reports when used or missing; penalties.

NRS 705.380           Windshield made of safety glass, electric headlamps, wiper and other equipment required on motor car used for transporting employees; penalty.

PROTECTION OF CERTAIN EMPLOYEES FROM DISCHARGE OR LOSS OF EMPLOYMENT

NRS 705.390           Protection of flagger and trainman employed on certain dates from discharge or loss of employment.

NRS 705.420           Penalty.

STATE PLAN FOR SERVICE BY RAIL

NRS 705.421           Department of Transportation to develop state plan for service by rail.

NRS 705.423           Power of Department of Transportation to accept money, enter into agreements and act as agent for county or city.

NRS 705.425           State program for preservation of lines of railroad on which service has been discontinued: Establishment; admission of lines to program; allowance for taxes on property admitted.

NRS 705.427           Contract for acquisition and operation of track and other property of lines of railroad.

NRS 705.428           Contract for construction, improvement or rehabilitation of track and other property of lines of railroad.

NRS 705.429           Regulations.

SUPER SPEED GROUND TRANSPORTATION SYSTEM

NRS 705.4291         Legislative declaration. [Expires by limitation 1 year after the date on which the Governor declares by public proclamation that the Super Speed Ground Transportation System connecting southern California with southern Nevada has been completed, or on the date all borrowing made pursuant to NRS 705.42955 is retired, whichever is later.]

NRS 705.4292         Definitions. [Expires by limitation 1 year after the date on which the Governor declares by public proclamation that the Super Speed Ground Transportation System connecting southern California with southern Nevada has been completed, or on the date all borrowing made pursuant to NRS 705.42955 is retired, whichever is later.]

NRS 705.4293         California-Nevada Super Speed Ground Transportation Commission: Creation; membership; terms and reappointment of members; Chair. [Expires by limitation 1 year after the date on which the Governor declares by public proclamation that the Super Speed Ground Transportation System connecting southern California with southern Nevada has been completed, or on the date all borrowing made pursuant to NRS 705.42955 is retired, whichever is later.]

NRS 705.42935       Designation of Commission as agency of State of Nevada for certain purposes. [Expires by limitation 1 year after the date on which the Governor declares by public proclamation that the Super Speed Ground Transportation System connecting southern California with southern Nevada has been completed, or on the date all borrowing made pursuant to NRS 705.42955 is retired, whichever is later.]

NRS 705.4294         Power of Commission to take certain actions regarding Super Speed Ground Transportation System; requirements for approval of route and terminals. [Expires by limitation 1 year after the date on which the Governor declares by public proclamation that the Super Speed Ground Transportation System connecting southern California with southern Nevada has been completed, or on the date all borrowing made pursuant to NRS 705.42955 is retired, whichever is later.]

NRS 705.4295         Power of Commission to incorporate in Nevada or California; admissibility of proceedings, records and acts of Commission; immunity from liability for members, agents and employees of Commission. [Expires by limitation 1 year after the date on which the Governor declares by public proclamation that the Super Speed Ground Transportation System connecting southern California with southern Nevada has been completed, or on the date all borrowing made pursuant to NRS 705.42955 is retired, whichever is later.]

NRS 705.42955       Power of Commission to issue bonds, notes, obligations or other evidences of borrowing; authorized sources of payment or security; financing agreements; refund of obligations; no authority to obligate certain governmental entities without intergovernmental agreement; distribution of property upon dissolution; liens. [Expires by limitation 1 year after the date on which the Governor declares by public proclamation that the Super Speed Ground Transportation System connecting southern California with southern Nevada has been completed, or on the date all borrowing made pursuant to NRS 705.42955 is retired, whichever is later.]

NRS 705.4296         Governor to issue proclamation when System completed. [Expires by limitation 1 year after the date on which the Governor declares by public proclamation that the Super Speed Ground Transportation System connecting southern California with southern Nevada has been completed, or on the date all borrowing made pursuant to NRS 705.42955 is retired, whichever is later.]

MISCELLANEOUS PROVISIONS AND CRIMES

NRS 705.430           Penalty for unlawful failure to ring bell or sound whistle at crossing; exceptions.

NRS 705.440           Illegal rates and charges; penalty.

NRS 705.450           Penalty for willful obstruction or delay of train.

NRS 705.460           Penalty for unlawful obstruction or destruction of track, equipment or devices.

NRS 705.480           Tampering with railroad property; penalty.

MONORAILS

NRS 705.610           Definitions.

NRS 705.650           “Monorail” defined.

NRS 705.660           “Operator” defined.

NRS 705.665           “Owner” defined.

NRS 705.680           Installation and operation authorized in county whose population is 700,000 or more; authority of owner or operator.

NRS 705.690           Installation and operation of monorail is not public work; monorail is not public utility within meaning of chapter 704 of NRS; Department of Transportation, county and city authorized to assist in installation, operation and financing.

NRS 705.695           County or city authorized to grant franchise or enter into agreement for installation and operation; franchise or agreement with county or city required before beginning construction; franchise or agreement dispenses with permit otherwise required by county or city.

NRS 705.700           Requirements for agreement or ordinance granting franchise for installation and operation.

_________

 

APPLICABILITY OF CHAPTER

      NRS 705.005  Effect of federal preemption.

      1.  The provisions of this chapter do not apply to an individual, company or corporation operating a railroad in this State to the extent that such a provision is:

      (a) Preempted, either expressly or by implication, by a federal law or an administrative regulation, rule, decision, opinion or order having the force of a federal law; or

      (b) Declared to be preempted by a court of competent jurisdiction interpreting a federal law or an administrative regulation, rule, decision, opinion or order having the force of a federal law.

      2.  If a provision of this chapter is preempted, the provision is suspended and must not be enforced against the individual, company or corporation operating the railroad only for the period during which the preemption is valid and effective.

      3.  This section is intended only to codify the rules of construction applicable to the federal doctrine of preemption and must not be interpreted in a manner that is inconsistent with those rules.

      (Added to NRS by 2005, 305)

FOREIGN CORPORATIONS

      NRS 705.010  Construction and operation of railroad by foreign corporation; qualification to do business.

      1.  Subject to the provisions of subsection 2, any railroad corporation organized under the laws of any other state or territory, or under any Act of Congress, may construct, own and operate a line of railroad and extensions and branches thereof in this state, and for that purpose may exercise the power of eminent domain, and do any other business in connection therewith, as fully and effectually, to all intents and purposes, as if such corporation were organized under the laws of this state.

      2.  Before any corporation, incorporated or organized otherwise than under the laws of this state, shall acquire or construct any railroad in this state by virtue of this section, it shall comply with the provisions of chapter 80 of NRS.

      [Part 1:67:1933; 1931 NCL § 6356]

RIGHTS-OF-WAY AND FRANCHISES

      NRS 705.020  County, city or town may grant use of street by railroad to reach depot or pass through; limitations.

      1.  Any county, city or town in this State shall have, and is hereby fully empowered, by and through a two-thirds vote of the board of county commissioners, the city council, or any other officers having a supervisory or other control of such county, city or town, respectively, to give, grant or donate to any railroad company now organized or that may be hereafter organized under the laws of this State the use of any of the streets or highways which may be absolutely necessary in order to enable any such company to reach an accessible point for a depot in any such county, city and county, city or town, or to pass through the same on as direct a route as possible, and accommodate the traveling and commercial interests thereof.

      2.  The provisions of this section shall not apply to any street railroad now constructed, or hereafter to be constructed, in any of the incorporated cities of this State; nor shall any railroad company which may avail itself of the provisions of this section ever use its road for street railroad purposes or for the purpose of carrying passengers for a consideration from one point to another in the same city; nor shall any city or town donate any public square or any land set apart to the use of any one company.

      [9(c):177:1925; added 1945, 196; 1943 NCL § 1608.03]

CONDITIONAL SALE OF EQUIPMENT

      NRS 705.030  Contract reserving title or lien as security for full payment.  In any contract for the sale of railroad or street railway equipment or rolling stock, it shall be lawful to agree that title to the property sold or contracted to be sold, although possession thereof may be delivered immediately or at any time or times subsequently, shall not vest in the purchaser until the purchase price shall be fully paid, or that the seller shall have and retain a lien thereon for the unpaid purchase money.

      [Part 1:278:1913; 1919 RL p. 2982; NCL § 6300]

      NRS 705.040  Lease containing stipulation for conditional sale of equipment at termination of lease.  In any contract for the leasing or hiring of railroad or street railway equipment or rolling stock, it shall be lawful to stipulate for a conditional sale thereof at the termination of such contract, and that the rentals or amounts to be received under such contract may, as paid, be applied and treated as purchase money, and that the title to the property shall not vest in the lessee or bailee until the purchase price shall have been paid in full and until the terms of the contract shall have been fully performed, notwithstanding delivery to and possession by the lessee or bailee.

      [Part 1:278:1913; 1919 RL p. 2982; NCL § 6300]

      NRS 705.050  Validity of contract for conditional sale.  No contract of the type provided for in NRS 705.030 to 705.070, inclusive, shall be valid as against any subsequent judgment creditor or any subsequent bona fide purchaser for value and without notice, unless:

      1.  The contract is evidenced by an instrument executed by the parties and duly acknowledged by the vendee, lessee or bailee, as the case may be, or duly proved before some person authorized by law to take acknowledgments of deeds, and in the same manner as deeds are acknowledged or proved;

      2.  The instrument is filed for record in the Office of the Secretary of State of this state; and

      3.  Each car or locomotive engine so sold, leased or hired, or contracted to be sold, leased or hired, has the name of the vendor, lessor or bailor plainly marked in letters not less than 1 inch in size on each side thereof, followed by the word “owner” or “lessor” or “bailor,” as the case may be.

      [Part 1:278:1913; 1919 RL p. 2982; NCL § 6300]

      NRS 705.060  Contract recorded with Secretary of State; recording of declaration of full payment; fees.

      1.  The contracts authorized by NRS 705.030 to 705.070, inclusive, shall be filed with the Secretary of State and recorded by the Secretary of State in a book of records to be kept for that purpose. On payment in full of the purchase money and the performance of the terms and conditions stipulated in any such contract, a declaration in writing to that effect shall be made by the vendor, lessor or bailor, or the assignee of the vendor, lessor or bailor, by a separate instrument, to be acknowledged by the vendor, lessor or bailor, or assignee, and recorded as aforesaid.

      2.  The Secretary of State shall collect and pay into the State Treasury $5 for filing each of such contracts or declarations and 20 cents per folio for recording the same.

      [2:278:1913; 1919 RL p. 2983; NCL § 6301]

      NRS 705.070  NRS 705.030 to 705.060, inclusive, not to invalidate contracts made before March 27, 1913.  NRS 705.030 to 705.060, inclusive, shall not be held to invalidate or affect in any way any contract of the kind referred to in NRS 705.030 to 705.050, inclusive, made prior to March 27, 1913, and any such contract made prior to March 27, 1913, may, upon compliance with the provisions of NRS 705.030 to 705.060, inclusive, be recorded as provided in NRS 705.060.

      [3:278:1913; 1919 RL p. 2983; NCL § 6302]

SALE OR LEASE OF PROPERTY AND FRANCHISES

      NRS 705.080  Sale, transfer or lease of property and franchises to corporation: Consent of stockholders; operation by buyer or lessee.

      1.  Any railroad corporation owning a railroad in this state may sell, convey and transfer, or lease its property and franchises, or any part thereof, to any other railroad corporation, whether organized under the laws of this state or of any other state or territory, or under any Act of Congress, upon such terms and conditions as its board of directors deem expedient and for the best interests of the corporation, when and as authorized by the affirmative vote of stockholders holding stock in the corporation entitling them to exercise not less than 66 2/3 percent of the voting power, given at a stockholders’ meeting called for that purpose, or when authorized by the written consent of stockholders holding stock in the corporation entitling them to exercise not less than 66 2/3 percent of the voting power; but the articles of association may require the vote or written consent of a larger proportion of the stockholders and the separate vote or consent of any class of stockholders.

      2.  Any other railroad corporation receiving the conveyance or lease may hold and operate the railroad franchise and property within this state, build and operate extensions or branches thereof, and for that purpose exercise the power of eminent domain, and do any other business in connection therewith, as fully and effectually to all intents and purposes as if such corporation were organized under the laws of this state.

      [Part 1:67:1933; 1931 NCL § 6356]

TRANSPORTATION OF LIVESTOCK

      NRS 705.090  Confinement of livestock in car for longer than 28 hours in intrastate shipment prohibited; extension of time.

      1.  No railway corporation engaged in the transportation of horses, sheep, cattle, swine or other animals between points situated within this state shall confine or cause the same to be confined in cars or other vehicles of any description for a period longer than 28 consecutive hours without unloading the same for rest, water and feeding during 5 consecutive hours, unless prevented by storm or inevitable accident.

      2.  In estimating such confinement, the time during which the animals have been confined without rest on connecting roads from which they are received must be computed.

      3.  The time of confinement prescribed in this section may be extended to 36 hours upon the written request of the owner or the person in custody of a particular shipment of livestock, which written request shall be separate and apart from any printed bill of lading or other railroad form. The request for extension of time shall be made to the conductor of the train, the agent or other authorized agent of the railroad company over which the livestock is being transported.

      [1:94:1903; RL § 3585; NCL § 6315] + [14:178:1919; 1919 RL p. 3396; NCL § 10582]

      NRS 705.100  Animals to be fed and watered when unloaded; duties of custodian or company; lien of company.  Animals so unloaded shall be properly fed and watered during such rest by the owner or person having the custody thereof or, in case of such owner’s or person’s default in so doing, then by the railroad company transporting the same, at the expense of the owner or person in custody thereof; and such company shall, in such case, have a lien upon such animals for food, care and custody furnished, and shall not be liable for any detention of such animals.

      [2:94:1903; RL § 3586; NCL § 6316]

      NRS 705.110  Penalty.  Any company, owner or custodian of such animals who knowingly and willingly fails to comply with the provisions of NRS 705.090 and 705.100 shall be guilty of a misdemeanor.

      [3:94:1903; RL § 3587; NCL § 6317]—(NRS A 1967, 657)

FENCES AND GUARDS FOR LIVESTOCK

      NRS 705.120  Duty of maintaining fences; liability for killing livestock.

      1.  Railroad corporations must make and maintain a good and sufficient fence on both sides of their track and right-of-way. In case they do not make and maintain such fence, if their engines or cars shall kill or maim any cattle or other domestic animals upon their line of road, they must pay to the owner of such cattle or other domestic animals a fair market price for the same, unless it occurred through the neglect or fault of the owner of the animal so killed or maimed.

      2.  Nothing in this section shall require any railroad company to fence its right-of-way through any town or city.

      [1:195:1917; 1919 RL p. 2981; NCL § 6341] + [2:195:1917; 1919 RL p. 2981; NCL § 6342]

      NRS 705.130  Duty of constructing barriers or guards where public road crosses fenced-in right-of-way; liability for killing or injuring livestock.

      1.  Every person, lessee, receiver, firm, copartnership or corporation owning, leasing or operating any railroad in, or through any part of, the State of Nevada shall, wherever a public road or highway crosses the fenced-in right-of-way of such railroad, construct such barriers, guards or other devices as will effectually prevent the entrance from such public road or highway onto the right-of-way of cattle, horses, mules and burros. Such barriers, guards, or other devices shall not be placed across, or in any wise obstruct, such public road or highway.

      2.  If any person, lessee, receiver, firm, copartnership or corporation owning, leasing or operating any railroad in, or through any part of, the State of Nevada shall fail to construct such barriers, guards or other devices specified in subsection 1, and any cattle, horses, mules or burros shall be killed, maimed or injured on any part of such unprotected right-of-way, the person, lessee, receiver, firm, copartnership or corporation so offending shall pay to the owner, or agent of the owner, of any such cattle, horses, mules or burros the full market value of such animals as it was before such injury occurred.

      [1:211:1917; 1919 RL p. 2982; NCL § 6343] + [2:211:1917; 1919 RL p. 2982; NCL § 6344]

      NRS 705.140  Penalty for allowing animal to stray on enclosed right-of-way.  Every person who shall willfully and maliciously suffer any animal to go upon the enclosed right-of-way of any railway company, or leave open any gate or bars so that an animal might stray upon such right-of-way, shall be guilty of a misdemeanor.

      [Part 1911 C&P § 488; RL § 6753; NCL § 10435]

DAMAGES FOR LIVESTOCK KILLED BY RAILROADS

      NRS 705.150  Liability for negligent killing or injuring livestock; prima facie evidence of negligence.  Every railroad corporation or company, operating any railroad or branch thereof within the limits of this state, which negligently injures or kills any animal of the equine, bovine, ovine or porcine species, or the goat kind, by running any engine or engines, car or cars, over or against any such animal shall be liable to the owner of such animal for the damages sustained by such owner by reason thereof, unless it be shown on the trial of any action instituted for the recovery of such damages as provided in NRS 705.160 that the owner of such animal or animals immediately contributed to such killing or injury; provided:

      1.  That the mere straying of such animal or animals upon or along the railroad track or tracks concerned shall not be held upon such trial to be any evidence of contributory negligence on the part of the owner of such animal or animals, nor shall the grazing of the same unattended by a herder be so considered; and

      2.  That the killing or injury in such actions shall be prima facie evidence of negligence on the part of such railroad corporation or company.

      [1:88:1923; NCL § 6345]

      NRS 705.160  Settlement of claim within 90 days; action for recovery; assignment of claim.

      1.  If any railway company or corporation, or owner or operator of a railroad in this state, fails, within 90 days after receipt of the same, to effect settlement of claims received for damages arising from the injury or killing of livestock upon its track or right-of-way by the running of engines or cars over or against such animals in this state as provided in NRS 705.150 to 705.200, inclusive, then the owner of such injured or killed animals may sue and recover damages for such injury or killing from any such railway company or corporation or the owner or operator of such railroad in any court of competent jurisdiction in the county in which such animal or animals was or were killed or injured, together with 7 percent interest per annum on the value of the animal or animals so injured or killed as established in such action, from the date such animal or animals was or were killed or injured until paid.

      2.  Any person having a claim arising under the provisions of NRS 705.150 to 705.200, inclusive, may assign the same in writing to any other claimant or person for value, or for the purpose of suit, who shall thereupon have all the rights and remedies of the assignor.

      3.  In case it becomes necessary on the part of the owner or owners to establish a claim for any animal or animals so killed or injured in any such action, the owner or owners shall have the right to establish the actual and market value of such animal or animals or the actual damage so sustained.

      [2:88:1923; NCL § 6346]

      NRS 705.170  Fenced right-of-way to be equipped with passageways and gates; responsibility of railroad.

      1.  Every railroad corporation or company, in fencing its right-of-way, shall provide and maintain suitable passageways equipped with gates, except at watering holes, where openings with proper safeguards will be maintained.

      2.  Responsibility for measures toward prevention of unnecessary loss or injury to livestock upon railroad tracks or rights-of-way through construction and proper maintenance of suitable barriers, such as right-of-way fences and livestock guards or cattle guards at all openings or crossings through the right-of-way or track fences, or at each end of open cuts, shall lie with the owners of such railroads.

      [5:88:1923; NCL § 6349]

      NRS 705.180  Employee to report killing or injuring of livestock.  Every conductor, engineer, section foreman, or other employee of any owner of a railroad in this state, who has personal knowledge of the injury or killing of any livestock of any description by the running of any engine or engines, car or cars over or against any such livestock on the track or tracks or right-of-way of such railroad shall immediately report the same by notice in writing to the general superintendent or division superintendent of the railroad by which the employee is employed, unless the employee has personal knowledge that such notice as herein provided for has already been given by some other employee of such railroad.

      [6:88:1923; NCL § 6350]

      NRS 705.190  Owner or operator of railroad to provide notice upon injuring or killing livestock; notice to be posted at stations and forwarded to State Department of Agriculture; contents of notice.

      1.  Every owner or operator of a railroad in this state who injures or kills any livestock of any description by running an engine or car over or against the livestock shall:

      (a) Within 5 days thereafter post for at least 30 days, at the first railroad station in each direction from the place of the injury or killing, notices in writing in a conspicuous place on the outside of the stations; and

      (b) Within 10 days after injuring or killing the livestock, forward by registered or certified mail a duplicate of each notice to the State Department of Agriculture.

      2.  The notice must:

      (a) Contain the number and kind of the animals injured or killed, with a full description of the animals, including brands and marks and sex.

      (b) Give the time and place, as near as possible, of the injury or killing.

      (c) Be dated and signed by an officer or agent of the owner or operator of the railroad concerned.

      [8:88:1923; NCL § 6352]—(NRS A 1969, 95; 1993, 1925; 1999, 3740)

      NRS 705.200  Penalties.

      1.  Any person falsely making an affidavit of ownership of any animal killed or injured under the terms of NRS 705.150 to 705.200, inclusive, is guilty of a gross misdemeanor.

      2.  Every person described in NRS 705.180 who fails or neglects to comply with the provisions of NRS 705.180 is guilty of a misdemeanor.

      3.  Every corporation, company, receiver, association or person who fails, neglects or refuses to comply with the provisions of NRS 705.190 is guilty of a misdemeanor.

      4.  Any person who attempts in any manner to conceal the evidence of the killing or injury of any animal or animals described in NRS 705.150 by any railroad train, engine or cars on any railroad in this state, or who in any way destroys or covers up the evidence that may lead to the identification of any animal or animals so killed or injured, is guilty of a misdemeanor.

      [3:88:1923; NCL § 6347] + [4:88:1923; NCL § 6348] + [7:88:1923; NCL § 6351] + [9:88:1923; NCL § 6353] + [10:88:1923; NCL § 6354]—(NRS A 1967, 658; 1979, 1494)

EMPLOYEES

      NRS 705.210  Employees’ hours of employment limited; penalties.

      1.  As used in this section:

      (a) “Employees” means persons actually engaged in or connected with the movement of any train.

      (b) “Railroad” includes all bridges and ferries used or operated in connection with any railroad, and also all the road in use by any common carrier operating a railroad, whether owned or operated under a contract agreement or lease.

      2.  The provisions of this section apply to any common carrier or carriers, their officers, agents and employees engaged in the transportation of passengers or property by railroad in the State of Nevada.

      3.  It is unlawful for any common carrier, its officers or agents, subject to this section, to require or permit any employee subject to this section to be or remain on duty for a longer period than 16 consecutive hours, and whenever any such employee of such common carrier has been continuously on duty for 16 hours the employee must be relieved and not required or permitted again to go on duty until the employee has had at least 10 consecutive hours off duty. No such employee who has been on duty 16 hours in the aggregate in any 24-hour period must be required or permitted to continue or again go on duty without having had at least 8 consecutive hours off duty.

      4.  No employee who, by the use of the telegraph or telephone or other electrical device, dispatches, reports, transmits, receives or delivers orders or who from towers, offices, places and stations operates signals or switches or similar mechanical devices controlling, pertaining to, or affecting the movement of trains of more than two cars must be required or permitted to be or remain on duty in any 24-hour period for a longer period than 8 hours, which must be wholly within the limits of a continuous shift and upon the completion of that period the employee must not be required or permitted again to go on duty until the expiration of 16 hours. This subsection does not apply to employees who, in case of emergency, use the telephone to obtain orders or information governing the movement of trains. In case of emergency, such employees may be permitted to be and remain on duty for 4 additional hours in a 24-hour period of not exceeding 3 days in any week.

      5.  Any common carrier, or any officer or agent thereof, requiring or permitting any employee to go, be or remain on duty in violation of subsections 3 and 4 shall be punished by a fine of not more than $500.

      6.  In all prosecutions under this section the common carrier shall be deemed to have had knowledge of all acts of its officers and agents.

      7.  The provisions of this section do not apply:

      (a) In any case of casualty or unavoidable accident or the act of God.

      (b) Where the delay was the result of a cause not known to the carrier or its officers or agents in charge of such employee at the time the employee left the terminal and which could not have been foreseen.

      (c) To the crews of wrecking or relief trains.

      (d) To railroads not maintaining a regular night train schedule.

      8.  The Public Utilities Commission of Nevada shall:

      (a) Execute and enforce the provisions of this section, and all powers granted by law to the Public Utilities Commission of Nevada are hereby extended to it in the execution of this section.

      (b) Lodge with the proper district attorneys information of any violations of this section which may come to its knowledge.

      [1:283:1913; 1919 RL p. 2979; NCL § 6334] + [2:283:1913; 1919 RL p. 2979; NCL § 6335] + [3:283:1913; 1919 RL p. 2980; NCL § 6336] + [4:283:1913; 1919 RL p. 2980; NCL § 6337]—(NRS A 1967, 658; 1997, 1921)

      NRS 705.220  Railroad police: Appointment; responsibility for actions; wearing of badge.

      1.  The Governor may, upon the application of any railroad company, appoint and commission one or more persons, designated by the company, to serve as railroad police officers. The persons so appointed must serve at the sole expense of the company. The company designating such persons is responsible civilly for any abuse of their authority.

      2.  Every such police officer shall, when on duty, wear in plain view a star bearing the words “Railroad Police,” and the name of the company for which the police officer is commissioned.

      [1:163:1921; NCL § 6327] + [2:163:1921; NCL § 6328]—(NRS A 1973, 225; 1993, 2541)

      NRS 705.230  Unlawful compulsion or requirement of purchase of uniform or apparel as condition of continued employment; penalty.

      1.  It shall be unlawful for any railroad doing business in the State of Nevada, or any officer, agent or servant of such railroad, to require any conductor, engineer, brakeman, fireman or any other employee, as a condition of the employee’s continued employment, or otherwise to require or compel or attempt to require or compel any such employee to purchase of any such railroad, or of any particular person, firm or corporation, or at any particular place or places, any uniform or other clothing or apparel, required by any such railroad to be used by any such employee in the performance of the employee’s duty. Any such railroad, or any officer, agent or servant thereof, who shall order or require any conductor, engineer, brakeman, fireman, or any other person in its employ to purchase any uniform or other clothing or apparel as aforesaid shall be deemed to have required such purchase as a condition of such employee’s continued employment.

      2.  Any railroad doing business in the State of Nevada, or any officer, agent or servant thereof, violating any of the provisions of this section shall be guilty of a misdemeanor.

      [Part 1:132:1913; 1919 RL p. 2983; NCL § 6330] + [Part 2:132:1913; 1919 RL p. 2983; NCL § 6331]—(NRS A 1967, 659)

      NRS 705.240  Engineer required to be able to read timetables and ordinary handwriting; penalty.

      1.  It shall be unlawful for any person, as an officer of a corporation or otherwise, knowingly to employ an engineer or engine driver to run a locomotive or train on any railway if such engineer or engine driver cannot read timetables and ordinary handwriting.

      2.  It shall be unlawful for any person who cannot read timetables and ordinary handwriting to act as an engineer or run a locomotive or train on any railway.

      3.  Any person who violates any provision of this section shall be guilty of a gross misdemeanor.

      [1911 C&P § 317; RL § 6582; NCL § 10265]

      NRS 705.250  Intoxication and other violations of duties; penalties.

      1.  Any person employed upon any railway as engineer, motorman, gripman, conductor, switch tender, fireman, bridge tender, flagger or signaler, or having charge of stations, starting, regulating or running trains upon a railway, who shall be intoxicated while engaged in the discharge of any such duties, shall be guilty of a gross misdemeanor.

      2.  Every engineer, motorman, gripman, conductor, brakeman, switch tender, train dispatcher or other officer, agent or servant of any railway company, who shall be guilty of any willful violation or omission of his or her duty as such officer, agent or servant, by which human life or safety shall be endangered, for which no punishment is specially prescribed, shall be guilty of a misdemeanor.

      [Part 1911 C&P § 318; RL § 6583; NCL § 10266] + [1911 C&P § 320; RL § 6585; NCL § 10268]

LIABILITY OF RAILROADS TO EMPLOYEES AND DEPENDENTS IN CASES OF PERSONAL INJURY OR WRONGFUL DEATH

      NRS 705.260  “Common carrier” defined.  As used in NRS 705.260 to 705.340, inclusive, “common carrier” shall include the receiver or receivers or other persons or corporations charged with the duty of management and operation of the business of a common carrier.

      [7:213:1937; 1931 NCL § 6357.17]

      NRS 705.270  Liability for injury to or death of employee.  Every common carrier by railroad in the State of Nevada shall be liable in damages to any person suffering injury while the person is employed by such carrier in or about the transporting or handling of any freight, property, passengers, engine, locomotive or other vehicle upon the tracks of such carrier, or, in case of the death of such employee, to the employee’s personal representative for the benefit of the surviving spouse, children, parents or dependents of such employee, for such injury or death resulting in whole or in part from the negligence of any of the officers, agents or employees of such employer, or by reason of any defect or insufficiency due to the employer’s negligence.

      [1:213:1937; 1931 NCL § 6357.11]

      NRS 705.280  Contributory negligence of employee not to bar recovery; diminution of damages by jury; violation by employer of safety statute.  In all actions brought after March 30, 1937, against any such common carrier under or by virtue of any of the provisions of NRS 705.260 to 705.340, inclusive, to recover damages for personal injury to the employee, or where such injuries have resulted in the employee’s death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee; but no such employee who may be injured or killed shall be held to have been guilty of contributory negligence in any case where the violation by such employer of any state or federal statute enacted for the safety of employees contributed to the injury or death of such employee.

      [2:213:1937; 1931 NCL § 6357.12]

      NRS 705.290  Risk of employment not assumed where injury or death results from negligence of employer’s officers or employees or defect in equipment.  In any action brought against any common carrier under or by virtue of any of the provisions of NRS 705.260 to 705.340, inclusive, to recover damages for injuries to, or the death of, any of its employees, such employee shall not be held to have assumed the risks of such employment in any case where such injury or death resulted in whole or in part from the negligence of any of the officers, agents or employees of such common carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves or other equipment.

      [3:213:1937; 1931 NCL § 6357.13]

      NRS 705.300  Question of causation for jury’s determination.  In any action brought against any such common carrier under or by virtue of any of the provisions of NRS 705.260 to 705.340, inclusive, to recover damages for injury to, or the death of, any of its employees, the question as to whether the negligence or violation of law claimed to have caused or contributed to the injury or death of such employee did in substance cause or contribute to such injury or death, and the question as to whether such negligence or violation of law was the proximate cause of such injury or death, shall, in all cases, be for the determination of the jury.

      [4:213:1937; 1931 NCL § 6357.14]

      NRS 705.310  Fact of injury or death presumptive evidence of want of care by employer.  In all actions brought after March 30, 1937, against any such common carrier under or by virtue of any of the provisions of NRS 705.260 to 705.340, inclusive, to recover damages for personal injury to the employee, or where such injuries have resulted in the employee’s death, the fact of any such injury or death occurring to such employee and arising out of and in the course of such employment shall be presumptive evidence of the want of reasonable skill and care on the part of such carrier, and the carrier’s agents, servants and employees in reference to such injury or death, unless and until rebutted.

      [5:213:1937; 1931 NCL § 6357.15]

      NRS 705.320  Contract or regulation of employer exempting employer from liability void; setoff by employer in action.  Any contract, rule, regulation or stratagem whatsoever the purpose or intent of which shall be to enable any common carrier to exempt itself from any liability created by NRS 705.260 to 705.340, inclusive, shall to that extent be void; but in any action brought against any such common carrier under or by virtue of any of the provisions of NRS 705.260 to 705.340, inclusive, such carrier may set off therein any sum it has contributed or paid to any insurance, relief benefit or indemnity that may have been paid to the injured employee, or the person entitled thereto on account of the injury or death for which such action was brought.

      [6:213:1937; 1931 NCL § 6357.16]

      NRS 705.330  Survival of right of action.  Any right of action given by NRS 705.260 to 705.340, inclusive, to an employee suffering injury shall survive to the employee’s personal representative, for the benefit of the surviving spouse and children of such employee, and, if none, then of such employee’s parents, and, if none, then of the next of kin dependent upon such employee; but in such cases there shall be only one recovery for the same injury.

      [8:213:1937; 1931 NCL § 6357.18]

      NRS 705.340  Limitation of actions.  No action shall be maintained under NRS 705.260 to 705.330, inclusive, unless commenced within 2 years from the day the cause of action accrued.

      [9:213:1937; 1931 NCL § 6357.19]

LIABILITY OF RAILROADS TO PASSENGERS IN CASES OF PERSONAL INJURY

      NRS 705.350  Liability to passenger for personal injury; violation by passenger of printed regulations or verbal instructions.  In case any passenger on any railroad shall be injured on the platform of a car, or any baggage, wood, gravel or freight car, in violation of the printed regulations of the company, posted up at the time in a conspicuous place inside of its passenger cars then in the train, or in violation of verbal instructions given by any officer of the train, such company shall not be liable for the injury if the company, at the time, furnished room inside of its passenger cars sufficient for the accommodation of its passengers.

      [9(e):177:1925; added 1945, 196; 1943 NCL § 1608.05]

EQUIPMENT

      NRS 705.360  Headlights on locomotive; penalty.

      1.  Every company, corporation lessee, manager or receiver, owning or operating a railroad in this state, shall equip, maintain, use and display at night upon each locomotive being operated in road service in this state an electric or other headlight of at least 1,500 candle power, measured without the aid of a reflector. Any electric headlight which will pick up and distinguish a person dressed in dark clothes upon a dark, clear night at a distance of 1,000 feet is deemed the equivalent of a 1,500 candle power headlight measured without the aid of a reflector.

      2.  This section does not apply to:

      (a) Locomotive engines regularly used in switching cars or trains.

      (b) Railroads not maintaining regular night train schedules.

      (c) Locomotives going to or returning from repair shops when ordered in for repairs.

      3.  Any railroad company, or the receiver or lessee thereof, which violates the provisions of this section is liable to the Public Utilities Commission of Nevada for a penalty of not more than $1,000 for each violation.

      [1:32:1913; A 1915, 148; 1919 RL p. 2978; NCL § 6332] + [3:32:1913; 1919 RL p. 2979; NCL § 6333]—(NRS A 1967, 660; 1979, 200; 1981, 1679; 1997, 1922)

      NRS 705.370  Emergency first-aid kits: Contents prescribed by Commission; reports when used or missing; penalties.

      1.  Each railroad company or corporation or its receiver, owning or operating any railroad within this state, shall equip and maintain in each of its passenger trains, cabooses, locomotives, motors or diesel engines used in the propelling of trains or switching of cars an emergency first-aid kit whose contents must be those prescribed by the Public Utilities Commission of Nevada. Each passenger train and each caboose must be equipped with at least one stretcher. All of the contents of the emergency first-aid kits, except the stretchers, must be stored on each passenger train, caboose, locomotive, motor or diesel engine, in a clean, sanitary and sterile container and in an accessible place at all times, which places, including the storage places of stretchers, must be plainly designated.

      2.  The employee of any railroad company or corporation or its receiver, having charge of any passenger train, caboose, locomotive, motor or diesel engine, shall as soon as possible report in writing to the office or officer designated by the company, corporation or receiver for the purpose, whenever any of the emergency first-aid kit has been used or has been found missing. The emergency first-aid kit must only be used to render first medical or surgical aid to injured passengers, employees or other injured persons requiring first aid.

      3.  Any railroad company or corporation or its receiver, which refuses, neglects or fails to comply with the provisions of this section is liable for a penalty to the Public Utilities Commission of Nevada of $25 for each failure to equip a passenger train, caboose, locomotive or motor or diesel engine with the emergency first-aid kit specified in subsection 1.

      4.  Any person who removes, carries away from its proper place or uses any emergency first-aid kit provided in this section, except for the purpose of administering first aid in the event of injury to any passenger, employee or other person shall be fined not more than $500.

      [1:139:1949; 1943 NCL § 6326.01] + [2:139:1949; 1943 NCL § 6326.02] + [3:139:1949; 1943 NCL § 6326.03] + [4:139:1949; 1943 NCL § 6326.04] + [5:139:1949; 1943 NCL § 6326.05]—(NRS A 1965, 544; 1967, 660; 1979, 200; 1981, 1680; 1985, 318; 1997, 1922)

      NRS 705.380  Windshield made of safety glass, electric headlamps, wiper and other equipment required on motor car used for transporting employees; penalty.

      1.  It shall be unlawful for any owner or operator of a railroad running through or within the boundaries of the State of Nevada and engaged in the business of common carrier to operate for or transport its employees in a motorcar which is not equipped with a transparent safety glass windshield sufficient in width and height reasonably to protect such employees. Such car shall also be equipped with an electric headlamp of sufficient candle power as to make any obstruction, landmark, warning sign or grade crossing on such railroad visible at a distance of 300 feet in advance of such car under ordinary atmospheric conditions. Such car shall also be equipped with two electric lights on the rear end thereof with sufficient candle power as to be visible at a distance of 300 feet under ordinary atmospheric conditions. Such car shall also be equipped with a suitable device that will remove rain, snow and sleet from the windshield while the car is moving, and the windshield shall be so devised that the driver or operator of the car can start or stop the windshield wiper while the driver or operator is driving the car.

      2.  Any owner or operator of a railroad running through or within this state as a common carrier of persons or property or both, for compensation, who either operates for its employees, or who furnishes to its employees, for their transportation to or from the place or places where they are required to labor, a rail track motorcar that has not been fully equipped as required by subsection 1 shall be fined not more than $500 for each offense. Each day or part of a day it operates or furnishes each of such rail track motorcars not so equipped as provided in subsection 1 to its employees for operation to or from the place or places where they are required to work shall constitute a separate offense.

      [1:179:1953] + [2:179:1953]—(NRS A 1967, 661)

PROTECTION OF CERTAIN EMPLOYEES FROM DISCHARGE OR LOSS OF EMPLOYMENT

      NRS 705.390  Protection of flagger and trainman employed on certain dates from discharge or loss of employment.  No person employed as a flagger on any railroad in this State on April 1, 1963, may be discharged or lose such employment by reason of the provisions of chapter 176, Statutes of Nevada 1963. No person holding seniority as a trainman on any railroad in this State on July 1, 1985, may be discharged or lose such employment by reason of the provisions of chapter 358, Statutes of Nevada 1985. But if a flagger or a trainman retires, terminates or voluntarily leaves such employment, the railroad company need not replace the position so vacated.

      [1:74:1913; 1919 RL p. 2976; NCL § 6318] + [2:74:1913; 1919 RL p. 2977; NCL § 6319] + [3:74:1913; 1919 RL p. 2977; NCL § 6320]—(NRS A 1963, 281; 1985, 1014)

      NRS 705.420  Penalty.  Any railroad company or receiver of any railroad company, and any person engaged in the business of common carrier doing business in the State of Nevada, which violates any of the provisions of NRS 705.390 is liable to the Public Utilities Commission of Nevada for a penalty of $500 for each violation.

      [7:74:1913; 1919 RL p. 2977; NCL § 6324]—(NRS A 1979, 201; 1981, 1680; 1985, 1014; 1997, 1923)

STATE PLAN FOR SERVICE BY RAIL

      NRS 705.421  Department of Transportation to develop state plan for service by rail.  The Department of Transportation:

      1.  Shall develop, in conjunction with the Public Utilities Commission of Nevada, a state plan for rail service; and

      2.  May carry out the plan, including projects to:

      (a) Preserve rail lines;

      (b) Rehabilitate rail lines to improve service; and

      (c) Restore or improve freight service on rail lines which are potentially subject to abandonment.

      (Added to NRS by 1979, 562; A 1987, 736; 1997, 1923)

      NRS 705.423  Power of Department of Transportation to accept money, enter into agreements and act as agent for county or city.

      1.  The Department of Transportation may:

      (a) Apply for and accept federal, state, local and private money to develop the state plan for rail service and to carry it out; and

      (b) Enter into compacts, contracts and agreements with other states or groups of states, the Federal Government, railroad corporations, users of railroads or other persons if the Director of the Department of Transportation determines that the compacts, contracts and agreements are consistent with the state plan for rail service and are necessary for the preservation or restoration of rail freight service which is vital to the State,

Ê but no state money may be expended to carry out the plan and no compact, contract or agreement may require the expenditure of state money unless previously authorized by the Legislature.

      2.  The Department of Transportation may serve as agent for any county or city upon the request of the governing body of the county or city in applying for and accepting money from public and private sources for railroad purposes and in carrying out any of the statutory powers of the county or city with respect to railroads.

      (Added to NRS by 1979, 562)

      NRS 705.425  State program for preservation of lines of railroad on which service has been discontinued: Establishment; admission of lines to program; allowance for taxes on property admitted.

      1.  A state program for the physical preservation, in place, of property of lines of railroad, while service on such lines is discontinued, is hereby established to provide an alternative to actual abandonment.

      2.  The Department of Transportation shall determine whether a line of railroad is eligible for admission to the program. A rail line may be admitted if:

      (a) The Surface Transportation Board has approved the line for abandonment or discontinuance of service or the Department of Transportation has determined that the line is potentially subject to abandonment;

      (b) The owners, operators and users of the line, the Department of Transportation and all counties and cities affected have agreed to the admission of the line to the program; and

      (c) The owners and operators of the line agree to suspend service on the line for 5 years without removing or disposing of any of the trackage or other operating rail properties of the line, as an alternative to abandonment, to permit consideration by interested parties of means of preventing the ultimate abandonment of the line.

      3.  At the end of 5 years the Department of Transportation may grant an extension, admitting the line of railroad to the program for not more than 5 additional years, if, in the judgment of the Director of the Department of Transportation:

      (a) The line is still potentially subject to abandonment; and

      (b) The extension will facilitate the restoration of service on the line.

      4.  The owner of a line of railroad which has been admitted to the program is entitled to an allowance for taxes on the trackage and other operating rail properties of the line admitted. The Department of Transportation shall provide to the Department of Taxation all information requested by the Department of Taxation to carry out the system of allowances for taxes on the operating property of lines admitted to the program.

      (Added to NRS by 1979, 562; A 1997, 1631)

      NRS 705.427  Contract for acquisition and operation of track and other property of lines of railroad.  The Department of Transportation may contract for the acquisition, by lease or purchase, and operation of trackage and other rail properties of lines of railroad which:

      1.  The Surface Transportation Board has approved for abandonment or discontinuance of service; or

      2.  The Director of the Department of Transportation has determined to be potentially subject to abandonment,

Ê for the purpose of maintaining existing freight service or providing for such service in the future, but no such contract may require the expenditure of state money unless previously authorized by the Legislature.

      (Added to NRS by 1979, 563; A 1997, 1632)

      NRS 705.428  Contract for construction, improvement or rehabilitation of track and other property of lines of railroad.  The Department of Transportation may contract for the construction, improvement or rehabilitation of the trackage and other rail properties of any rail line, but no such contract may require the expenditure of state money unless previously authorized by the Legislature.

      (Added to NRS by 1979, 563)

      NRS 705.429  Regulations.  The Department of Transportation shall adopt such regulations as are necessary to carry out the provisions of NRS 705.421 to 705.429, inclusive.

      (Added to NRS by 1979, 563)

SUPER SPEED GROUND TRANSPORTATION SYSTEM

      NRS 705.4291  Legislative declaration. [Expires by limitation 1 year after the date on which the Governor declares by public proclamation that the Super Speed Ground Transportation System connecting southern California with southern Nevada has been completed, or on the date all borrowing made pursuant to NRS 705.42955 is retired, whichever is later.]  The Legislature finds and declares that:

      1.  Passage of NRS 705.4291 to 705.4296, inclusive, is a declaration of legislative intent that the States of California and Nevada jointly consider and, if justified, pursue the development of a Super Speed Ground Transportation System connecting southern California with southern Nevada.

      2.  The System will:

      (a) Provide economic benefits to both southern California and southern Nevada.

      (b) Reduce reliance on gasoline- and diesel-fueled engines and encourage the use of alternative energy sources.

      (c) Reduce congestion on Interstate Highway No. 15 between southern California and Las Vegas.

      (d) Provide a working example for a transportation system that could play an essential role in the development of future commuter service in the Los Angeles Basin and the Las Vegas Valley.

      (e) Provide quick and convenient transportation service for residents and visitors in southern California and southern Nevada.

      (Added to NRS by 1987, 1357; A 1991, 177; 2001, 560; 2003, 5, 6)

      NRS 705.4292  Definitions. [Expires by limitation 1 year after the date on which the Governor declares by public proclamation that the Super Speed Ground Transportation System connecting southern California with southern Nevada has been completed, or on the date all borrowing made pursuant to NRS 705.42955 is retired, whichever is later.]  As used in NRS 705.4291 to 705.4296, inclusive, unless the context otherwise requires:

      1.  “Commission” means the California-Nevada Super Speed Ground Transportation Commission.

      2.  “Southern California” means the counties of Los Angeles, Orange, Riverside and San Bernardino.

      3.  “Super Speed Ground Transportation System” means a system that:

      (a) Is capable of sustained speeds of at least 240 miles per hour;

      (b) Uses magnetic levitation technology;

      (c) Carries primarily passengers; and

      (d) Operates on a grade-separated, dedicated guideway.

      (Added to NRS by 1987, 1357; A 1991, 176, 177; 2001, 560; 2003, 5, 6, 1171)

      NRS 705.4293  California-Nevada Super Speed Ground Transportation Commission: Creation; membership; terms and reappointment of members; Chair. [Expires by limitation 1 year after the date on which the Governor declares by public proclamation that the Super Speed Ground Transportation System connecting southern California with southern Nevada has been completed, or on the date all borrowing made pursuant to NRS 705.42955 is retired, whichever is later.]

      1.  There is hereby created the California-Nevada Super Speed Ground Transportation Commission as a separate legal entity. The governing body of the Commission consists of:

      (a) The members from California appointed pursuant to the law of California and the bylaws of the Commission.

      (b) The same number of members from Nevada as are from California, appointed by the Governor of Nevada.

      2.  The members from Nevada serve for terms of 4 years and may be reappointed at the pleasure of the Governor.

      3.  The Commission shall elect one of its members as Chair.

      (Added to NRS by 1987, 1357; A 1991, 176, 177; 2001, 560; 2003, 5, 6, 1172)

      NRS 705.42935  Designation of Commission as agency of State of Nevada for certain purposes. [Expires by limitation 1 year after the date on which the Governor declares by public proclamation that the Super Speed Ground Transportation System connecting southern California with southern Nevada has been completed, or on the date all borrowing made pursuant to NRS 705.42955 is retired, whichever is later.]  The Commission is hereby designated as an agency of the State of Nevada for the purposes of carrying out the provisions of NRS 705.4291 to 705.4296, inclusive.

      (Added to NRS by 2003, 1171)

      NRS 705.4294  Power of Commission to take certain actions regarding Super Speed Ground Transportation System; requirements for approval of route and terminals. [Expires by limitation 1 year after the date on which the Governor declares by public proclamation that the Super Speed Ground Transportation System connecting southern California with southern Nevada has been completed, or on the date all borrowing made pursuant to NRS 705.42955 is retired, whichever is later.]

      1.  The Commission may:

      (a) Subject to the provisions of subsection 2, secure a right-of-way and award a franchise for the construction and operation of a Super Speed Ground Transportation System principally following the route of Interstate Highway No. 15 between Las Vegas, Nevada, and a point in southern California.

      (b) Acquire or gain control or use of land for rights-of-way, stations and ancillary uses through purchase, gift, lease, use permit or easement.

      (c) Conduct engineering and other studies related to the selection and acquisition of rights-of-way and the selection of a franchisee, including, but not limited to, environmental impact studies, socioeconomic impact studies and financial feasibility studies. All local, state and federal environmental requirements must be met by the Commission.

      (d) Evaluate alternative technologies, systems and operators for a Super Speed Ground Transportation System, and select a franchisee to construct and operate the Super Speed Ground Transportation System between southern California and Las Vegas.

      (e) Establish criteria for the award of the franchise.

      (f) Accept grants, gifts, fees and allocations from Nevada or its political subdivisions, the Federal Government, foreign governments and any private source.

      (g) Issue debt, but this debt does not constitute an obligation of the State of California or the State of Nevada, or any of their political subdivisions.

      (h) Hire an Executive Officer, other staff and any consultants deemed appropriate.

      (i) Select the exact route and terminal sites.

      (j) Obtain, or assist the selected franchisee in obtaining, all necessary permits and certificates from governmental entities in California and Nevada.

      2.  Before the:

      (a) Commission or a franchisee begins construction in Nevada; and

      (b) Receipt of any final certificates and permits necessary for the construction or use of a public right-of-way,

Ê the route and terminals selected by the Commission must be approved by the appropriate local, regional and state governmental entities in Nevada which have jurisdiction over the route and terminals located in this state. As a condition of awarding a franchise, the Commission shall require the franchisee to comply with this subsection.

      3.  Before the:

      (a) Commission or a franchisee begins construction in California; and

      (b) Receipt of any final certificates and permits necessary for the construction or use of a public right-of-way,

Ê the route and terminals selected by the Commission must be approved by the appropriate local, regional and state governmental entities in California which have jurisdiction over the route and terminals located in that state. As a condition of awarding a franchise, the Commission shall require the franchisee to comply with this subsection.

      (Added to NRS by 1987, 1358; A 1991, 177; 2001, 560; 2003, 5, 6, 1172)

      NRS 705.4295  Power of Commission to incorporate in Nevada or California; admissibility of proceedings, records and acts of Commission; immunity from liability for members, agents and employees of Commission. [Expires by limitation 1 year after the date on which the Governor declares by public proclamation that the Super Speed Ground Transportation System connecting southern California with southern Nevada has been completed, or on the date all borrowing made pursuant to NRS 705.42955 is retired, whichever is later.]

      1.  The Commission may incorporate under the general incorporation laws of either this state or the State of California, whichever the Commission determines to be in its best interests. Copies of its proceedings, records and acts, when authenticated, are admissible in evidence in all courts of either State and are prima facie evidence of the truth of all statements therein.

      2.  The members of the Commission and its agents and employees are not liable for any damages that result from any act or omission in the performance of their duties or the exercise of their powers pursuant to NRS 705.4291 to 705.4296, inclusive.

      (Added to NRS by 1987, 1358; A 1991, 177; 2001, 560; 2003, 5, 6)

      NRS 705.42955  Power of Commission to issue bonds, notes, obligations or other evidences of borrowing; authorized sources of payment or security; financing agreements; refund of obligations; no authority to obligate certain governmental entities without intergovernmental agreement; distribution of property upon dissolution; liens. [Expires by limitation 1 year after the date on which the Governor declares by public proclamation that the Super Speed Ground Transportation System connecting southern California with southern Nevada has been completed, or on the date all borrowing made pursuant to NRS 705.42955 is retired, whichever is later.]

      1.  The Commission, or a corporation formed by the Commission pursuant to the laws of this state or the State of California, as the Commission deems appropriate, may issue bonds, notes, obligations or other evidences of borrowing to finance all or a part of the construction of all or a part of the Super Speed Ground Transportation System. For purposes of issuing bonds, notes, obligations or other evidences of borrowing pursuant to this section, the Commission and any corporation formed by the Commission are constituted authorities for the purposes of regulations enacted by the Internal Revenue Service pursuant to 26 U.S.C. §§ 103 and 141 to 150, inclusive.

      2.  Bonds, notes, obligations or other evidences of borrowing issued by the Commission or any corporation formed by the Commission which are issued to finance all or any part of the construction of all or a part of the Super Speed Ground Transportation System may be payable from and secured by:

      (a) A pledge of property of the Commission or a corporation formed by the Commission pursuant to this section;

      (b) A pledge of any revenue of the Super Speed Ground Transportation System, including revenue from fares, revenue from advertising and all other revenue of the System; and

      (c) A pledge of any other money made available to the Commission or a corporation formed by the Commission pursuant to this section by:

             (1) Grants from the Federal Government or any other federal funds as may be available to pay costs of the Super Speed Ground Transportation System or debt service on any borrowing;

             (2) Any company, public or private; or

             (3) Any local government or governmental entity in this state or in the State of California pursuant to an intergovernmental agreement or otherwise.

      3.  The Commission may enter into agreements with any person, local government or governmental entity for the provision of resources or assistance to the Commission or a corporation formed by the Commission concerning the financing of the Super Speed Ground Transportation System.

      4.  The Commission or any corporation formed by the Commission pursuant to this section may issue obligations to refund any obligations issued pursuant to the provisions of this section and NRS 705.4291 to 705.4296, inclusive, for any purpose the Commission determines to be sufficient.

      5.  Nothing in this section authorizes the Commission or any corporation formed by the Commission to obligate this state or the State of California or any political subdivision thereof unless such State or political subdivision has obligated itself to the Commission or a corporation created by the Commission through an intergovernmental agreement.

      6.  Unless a specific statute of this state or the State of California requires otherwise, upon dissolution of the Commission, all property of the Commission must be distributed between this state and the State of California in an equitable manner as agreed upon by the States.

      7.  The creation, perfection, priority and enforcement of any lien on pledged revenue or other money established to secure any bond, note, obligation or other evidence of borrowing issued pursuant to this section, must be as specified in this section and in the instruments approved by the Commission pertaining to that bond, note, obligation or other evidence of borrowing. It is the purpose of this section to provide expressly for the creation, perfection, priority and enforcement of a security interest created by the Commission in pledged revenues or other money in connection with bonds, notes, obligations or other evidences of borrowing issued pursuant to this section, as provided for in paragraph (n) of subsection 4 of NRS 104.9109. Any lien on pledged revenue or other money created to secure any bond, note, obligation or other evidence of borrowing issued pursuant to this section has priority over any lien thereon created pursuant to the provisions of chapter 104 of NRS unless otherwise provided in the instrument creating the lien to secure such bond, note, obligation or other evidence of borrowing issued pursuant to the provisions of this section.

      (Added to NRS by 2001, 558; A 2003, 5)

      NRS 705.4296  Governor to issue proclamation when System completed. [Expires by limitation 1 year after the date on which the Governor declares by public proclamation that the Super Speed Ground Transportation System connecting southern California with southern Nevada has been completed, or on the date all borrowing made pursuant to NRS 705.42955 is retired, whichever is later.]  The Governor shall declare, by public proclamation on the date of completion of the Super Speed Ground Transportation System connecting southern California with Southern Nevada, that the System has been completed.

      (Added to NRS by 1991, 176; A 2003, 6)

MISCELLANEOUS PROVISIONS AND CRIMES

      NRS 705.430  Penalty for unlawful failure to ring bell or sound whistle at crossing; exceptions.

      1.  Except as otherwise provided in subsection 2, every engineer driving a locomotive on any railway who fails to ring the bell or sound the whistle or horn upon the locomotive or to cause the bell, whistle or horn to be rung or sounded at least 80 rods from any place where the railway crosses a traveled road or street that is customarily used by the public for the purpose of travel, or who fails to continue the ringing of the bell or the sounding of the whistle or horn until the locomotive has crossed the road or street, is guilty of a misdemeanor.

      2.  The provisions of subsection 1 do not apply in any quiet zone established pursuant to regulations of the Federal Railroad Administration of the United States Department of Transportation.

      3.  As used in this section, “quiet zone” has the meaning ascribed to it in 49 C.F.R. § 222.9.

      [1911 C&P § 319; RL § 6584; NCL § 10267]—(NRS A 2011, 1626)

      NRS 705.440  Illegal rates and charges; penalty.  Any individual, company or corporation operating any railroad in this state, and every agent of such company or corporation who violates or attempts to violate, or suffers or permits to be done any act, matter or thing in violation of any of the provisions of any statute of this state, which prescribes or regulates the charges which may be made and collected by any individual, company or corporation operating any railroad in this state, for the transportation of either persons or property, and for which no other penalty is provided, shall upon conviction thereof be punished by a fine of $2,000.

      [1911 C&P § 472; RL § 6737; NCL § 10421]—(NRS A 1959, 184)

      NRS 705.450  Penalty for willful obstruction or delay of train.  Every person who shall willfully obstruct, hinder or delay the passage of any car lawfully operated upon any railway shall be guilty of a misdemeanor.

      [1911 C&P § 321; RL § 6586; NCL § 10269]

      NRS 705.460  Penalty for unlawful obstruction or destruction of track, equipment or devices.  A person who willfully and maliciously places any obstruction on the track of any railroad in this State, or tears up or removes any part or portion of a railroad, or destroys, deranges, misplaces or injures any rail, switch, block or other signaling device, culvert, viaduct, bridge, car, tender or engine, or willfully and maliciously does or attempts to do any of those things, or any other act or thing, whereby the life and limb of a person may be endangered, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      [1911 C&P § 483; RL § 6748; NCL § 10430]—(NRS A 1979, 1495; 1995, 1321)

      NRS 705.480  Tampering with railroad property; penalty.

      1.  It is unlawful for any person without authority to:

      (a) Willfully uncouple or detach any locomotive, tender or any car of any railroad train, either when standing or in motion on any track of any railroad.

      (b) Take off the brake of any railroad car, tender or train.

      (c) Put in motion any locomotive, tender, car or train.

      2.  It is unlawful for any person to:

      (a) Throw any stone, rock, missile, or any substance at any railroad train, car, locomotive or tender, or any part of any train.

      (b) Wrongfully injure, deface or damage the same or any part thereof.

      3.  Any person violating any provision of this section is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the property damaged, and in no event less than a misdemeanor.

      [Part 1911 C&P § 484; A 1941, 276; 1931 NCL § 10431]—(NRS A 1967, 662; 1979, 158)

MONORAILS

      NRS 705.610  Definitions.  As used in NRS 705.610 to 705.700, inclusive, unless the context otherwise requires, the words and terms defined in NRS 705.650, 705.660 and 705.665 have the meanings ascribed to them in those sections.

      (Added to NRS by 1997, 2444)

      NRS 705.650  “Monorail” defined.  “Monorail” means a system to transport passengers that is installed and operated on an exclusive fixed guideway. The term:

      1.  Includes associated passenger stations, power propulsion systems, lots for parking motor vehicles, workshops and other land and structures.

      2.  Does not include a system to transport passengers between two end points with no intermediate stops.

      (Added to NRS by 1997, 2444)

      NRS 705.660  “Operator” defined.  “Operator” means a person who operates a monorail.

      (Added to NRS by 1997, 2444)

      NRS 705.665  “Owner” defined.  “Owner” means a person who has the financial and technical capability to install and operate a monorail and who has applied for a franchise or other agreement to do so.

      (Added to NRS by 1997, 2444)

      NRS 705.680  Installation and operation authorized in county whose population is 700,000 or more; authority of owner or operator.  A person may install and operate a monorail, and perform any work or borrow money preparatory or incident thereto, in a county whose population is 700,000 or more. The owner or operator may:

      1.  Establish the frequency of service and schedules of operation;

      2.  Establish the fares to be charged; and

      3.  Charge and collect fares from passengers.

      (Added to NRS by 1997, 2444; A 2011, 1312)

      NRS 705.690  Installation and operation of monorail is not public work; monorail is not public utility within meaning of chapter 704 of NRS; Department of Transportation, county and city authorized to assist in installation, operation and financing.

      1.  The work of or incident to the installation and operation of a monorail is not a public work within the meaning of chapter 338 of NRS.

      2.  A monorail is not a public utility within the meaning of chapter 704 of NRS.

      3.  The Department of Transportation, the county in which a monorail is located or proposed to be located and a city within that county may exercise a power it holds related to transportation to facilitate the installation and operation of a monorail, and may contribute to or assist in the financing of the monorail.

      (Added to NRS by 1997, 2444)

      NRS 705.695  County or city authorized to grant franchise or enter into agreement for installation and operation; franchise or agreement with county or city required before beginning construction; franchise or agreement dispenses with permit otherwise required by county or city.

      1.  A county whose population is 700,000 or more, and a city within such a county, may adopt an ordinance, in accordance with the provisions of NRS 705.700, to grant franchises for the installation and operation of monorails within the unincorporated area of the county and incorporated area of the city, respectively.

      2.  Before beginning construction of a monorail in a city or in the unincorporated area of a county that has adopted a franchising ordinance, the owner shall apply for a franchise. If the city or county has no such ordinance, the owner may enter into an agreement with the city or county that complies with the provisions of NRS 705.700. Before the city or county may enter into such an agreement, it must provide notice and a public hearing regarding the proposed agreement in the same manner as for an ordinance proposed to be adopted by the city or county under circumstances other than in an emergency.

      3.  The granting of a franchise or making of an agreement under subsection 2 dispenses with any permit otherwise required by the city or county. The city or county may, at the request of the owner, designate an officer or agency to cooperate with the owner to facilitate the installation and operation of the monorail.

      (Added to NRS by 1997, 2444; A 2011, 1312)

      NRS 705.700  Requirements for agreement or ordinance granting franchise for installation and operation.  An ordinance or agreement authorized pursuant to NRS 705.695:

      1.  Must provide standards for construction and may incorporate existing uniform codes.

      2.  May include requirements for licensing and zoning, and any other restrictions upon the construction and operation of a monorail.

      3.  Must include provisions:

      (a) Addressing the compatibility of a proposed monorail for connection with a system of transportation operated on a public fixed guideway.

      (b) Requiring the owner or operator and any private entity that desires to connect its system of transportation with a monorail to cooperate in such a manner as to provide for the compatibility of passenger stations for such a connection pursuant to terms and conditions that:

             (1) Address the effect of that compatibility on the plans of the owner for the owner’s capital investment and provide for a reasonable and equitable allocation of that investment;

             (2) Provide for a reasonable and equitable allocation of the costs to operate and maintain the monorail; and

             (3) Mitigate any other effects on the owner or operator resulting from the provision of that compatibility.

      (Added to NRS by 1997, 2445)