[Rev. 11/21/2013 11:28:47 AM--2013]

CHAPTER 408 - HIGHWAYS, ROADS AND TRANSPORTATION FACILITIES

GENERAL PROVISIONS

NRS 408.010           Short title.

NRS 408.015           Rules of construction.

NRS 408.020           Definitions.

NRS 408.033           “Board” defined.

NRS 408.037           “Business” defined.

NRS 408.040           “City” defined.

NRS 408.045           “Department” defined.

NRS 408.046           “Director” defined.

NRS 408.047           “Displaced person” defined.

NRS 408.050           “Encroachment” defined.

NRS 408.056           “Family” defined.

NRS 408.057           “Farm operation” defined.

NRS 408.058           “Farmer” defined.

NRS 408.059           “Federal-aid highways” defined.

NRS 408.060           “Freeway” defined.

NRS 408.065           “Frontage road” defined.

NRS 408.067           “Grade line” defined.

NRS 408.070           “Highway” defined.

NRS 408.077           “Planning agency” defined.

NRS 408.078           “Public lands” defined.

NRS 408.080           “Rights-of-way” defined.

NRS 408.090           “Shall” and “may” construed.

NRS 408.095           “Town” defined.

NRS 408.100           Declaration of legislative intent.

DEPARTMENT OF TRANSPORTATION

General Provisions

NRS 408.106           Creation; Board of Directors. [Effective through December 31, 2013.]

NRS 408.106           Creation; Board of Directors. [Effective January 1, 2014.]

NRS 408.111           Composition; heads of divisions.

NRS 408.115           Office.

NRS 408.116           Legal actions; process.

NRS 408.118           Study of operations of Department: Legislative approval required.

 

Board of Directors

NRS 408.121           Adoption and use of seal; appointment and duties of Secretary.

NRS 408.126           Meetings.

NRS 408.131           Duties.

NRS 408.133           Plan for measuring performance of Department; report on level of achievement.

NRS 408.141           Rules; agreements with other states; designation of alternate routes for transportation of hazardous material.

NRS 408.146           Sale or lease of certain water rights to public utility; reconveyance.

NRS 408.151           Loans from financial institutions; limitations.

 

Director and Other Employees

NRS 408.160           Director: Appointment; term.

NRS 408.163           Director: Qualifications; classification.

NRS 408.170           Director: Other employment prohibited; removal.

NRS 408.172           Chief Counsel: Appointment; assistants; duties; classification.

NRS 408.175           Employment of Deputy Directors and other personnel; restrictions on other employment of Deputy Directors.

NRS 408.178           Qualifications and classifications of Deputy Directors and Chief Engineer.

NRS 408.180           Oaths of Director and Deputy Directors.

NRS 408.185           Facsimile signatures of Director and Deputy Directors.

NRS 408.190           Duties of Director: General plan of highways; information, statistics and maps.

NRS 408.195           Duties of Director: General supervision of highways.

NRS 408.200           Duties of Director: Standards for construction and maintenance; cooperation with county officers.

NRS 408.201           Duties of Director: Policies for use of recycled materials in highways.

NRS 408.203           Duties of Director: Reports to Legislature.

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.

NRS 408.210           Powers of Director: Closing and construction of highways; removal of encroachments.

NRS 408.212           Powers of Director: Easements for monorail or other systems of transportation.

NRS 408.213           Powers of Director: Designation of highway as scenic route; adoption of regulations.

NRS 408.214           Duties of Director: Designation of restricted highways.

NRS 408.215           Duties of Director: Records; index of deeds; regulations.

NRS 408.220           Duties of Director: Reports to Board.

NRS 408.225           Powers of Director: Purchase and rental of and contracts for equipment, supplies and services.

NRS 408.228           Highway Safety Information and Outreach Coordinator: Creation; duties; authority to provide certain grants.

 

Planning

NRS 408.233           Planning Division: Responsibilities and duties; operation of railroad or airport prohibited.

NRS 408.234           Motor Vehicle Recovery and Transportation Planner: Creation; duties.

FINANCING HIGHWAYS AND ROADS

NRS 408.235           State Highway Fund: Creation; sources; uses; payment of bills; limitations on use of bond proceeds and taxes ad valorem; limitations on use of lease fees. [Effective until the date that the balance of the separate account required by subsection 8 of this section is reduced to zero.]

NRS 408.235           State Highway Fund: Creation; sources; uses; payment of bills; limitations on use of bond proceeds and taxes ad valorem. [Effective on the date that the balance of the separate account maintained for money deposited pursuant to NRS 482.313 is reduced to zero.]

NRS 408.240           State Highway Revolving Account: Establishment; use; warrants; deposit; transfers to State Highway Fund.

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.

NRS 408.245           Acceptance of federal acts.

NRS 408.250           Federal acts: State highways; contracts; pledge to match federal money.

NRS 408.255           Federal acts: Secondary and feeder highways; contracts; pledge to match federal money.

NRS 408.260           Federal lands: Construction and maintenance of highways; availability of federal money.

NRS 408.265           Federal money deposited in State Highway Fund.

NRS 408.270           Vouchers for payment; temporary transfer of money from State General Fund to State Highway Fund.

NRS 408.271           Department may expend money to conduct studies and match federal money for capital acquisitions.

NRS 408.273           Issuance of bonds.

NRS 408.275           Surveys, maps and studies of traffic; roadside parks; rest areas; receipt of federal money; regulations.

NRS 408.280           Program for work on highways: Contents; distribution.

NRS 408.281           Program for work on highways: Inclusion of designated projects for use of recycled products.

IMPROVEMENT OF COUNTY ROADS

NRS 408.283           Cooperative agreements between Department of Transportation and county commissioners.

NRS 408.2831         Contents of agreement.

NRS 408.2832         Priority of improvement projects; determination of ability of county to perform.

NRS 408.2833         Standards for project.

STATE HIGHWAY SYSTEM

NRS 408.285           State highways; designation of other highways and roads as state highways and state routes; route numbers; roads for state parks.

NRS 408.290           Procedure for establishment of new routes.

NAMES AND MARKERS OF HIGHWAYS

NRS 408.303           U.S. Highway No. 6 designated as Grand Army of the Republic Highway; placement of markers.

NRS 408.307           Comstock Highway: Designation; placement of markers.

NRS 408.309           Designation of Route 94.

CONSTRUCTION, IMPROVEMENT AND MAINTENANCE OF HIGHWAYS

General Provisions

NRS 408.313           Manner of construction; use of recycled materials.

NRS 408.317           Supervision of work by Director; payments from State Highway Fund.

NRS 408.319           Report of projects for construction and maintenance: Preparation; contents; revision; public inspection.

NRS 408.3195         Written analysis of costs and benefits of proposed highway projects: Contents; availability to Board and public.

NRS 408.321           Consideration of motor vehicle recovery lanes, bicycle lanes, various services for bicycles and turnouts for slower vehicles.

NRS 408.323           Conditions for execution of work without contract; work resulting from disaster or emergency.

NRS 408.327           Advertisement for bids; publication.

NRS 408.333           Bids and bidders: Experience and financial ability; disqualification; hearing upon disqualification; appeal of decision.

NRS 408.337           Bids and bidders: Security; forfeiture; refunds.

NRS 408.343           Bids and bidders: Procedure for award of contract; regulations.

NRS 408.346           Monetary incentive for early completion of contract.

NRS 408.347           Execution of contract in name of State; copies filed with Department and county commissioners.

NRS 408.353           Interest of member of Board, officer or employee prohibited; exception; voidability; penalties.

NRS 408.354           Contract awarded to railroad company may provide under certain circumstances that railroad company is exempt from requirements concerning bonds.

NRS 408.357           Bids and bidders: Bonds required of successful bidders; exception; conditions; sureties.

NRS 408.363           Claims against contractor’s bond; action against surety.

NRS 408.367           Project not exceeding $250,000: Solicitation and rejection of bids; quarterly reports; public records; bonds.

NRS 408.373           Contractor: Compliance with state laws concerning workers’ compensation and unemployment compensation; compliance with other laws.

NRS 408.377           Subcontractor: Approval; compliance with laws.

NRS 408.379           Subcontractor: State business license required.

NRS 408.383           Contractor: Partial payments; percentage retained; substitution of certain obligations for retained payments; period for dispersal of money by contractor to subcontractors; rate of interest on delinquent dispersal; procedure for resolution of dispute over dispersal.

NRS 408.387           Contract: Publication of notice of final acceptance; final settlement.

 

Disadvantaged Business Enterprises

NRS 408.3872         “Disadvantaged business enterprise” defined. [Expires by limitation on the earlier of September 30, 2023, or the date 90 days after the date on which the Director of the Department of Transportation transmits to the Governor and the Director of the Legislative Counsel Bureau the statement and report required by subsection 3 of NRS 408.38726.]

NRS 408.38722       Legislative findings and declaration. [Expires by limitation on the earlier of September 30, 2023, or the date 90 days after the date on which the Director of the Department of Transportation transmits to the Governor and the Director of the Legislative Counsel Bureau the statement and report required by subsection 3 of NRS 408.38726.]

NRS 408.38724       Department to establish goals for awarding contracts; regulations. [Expires by limitation on the earlier of September 30, 2023, or the date 90 days after the date on which the Director of the Department of Transportation transmits to the Governor and the Director of the Legislative Counsel Bureau the statement and report required by subsection 3 of NRS 408.38726.]

NRS 408.38726       Duties of Department: Review of information regarding goals; biennial report; discontinuation statement and report. [Expires by limitation on the earlier of September 30, 2023, or the date 90 days after the date on which the Director of the Department of Transportation transmits to the Governor and the Director of the Legislative Counsel Bureau the statement and report required by subsection 3 of NRS 408.38726.]

NRS 408.38728       Regulations. [Expires by limitation on the earlier of September 30, 2023, or the date 90 days after the date on which the Director of the Department of Transportation transmits to the Governor and the Director of the Legislative Counsel Bureau the statement and report required by subsection 3 of NRS 408.38726.]

 

Design-Build Contracts

NRS 408.3875         Definitions.

NRS 408.3876         “Design-build contract” defined.

NRS 408.3877         “Design-build team” defined.

NRS 408.3878         “Prime contractor” defined.

NRS 408.3879         “Project” defined.

NRS 408.388           Projects for which Department may contract with design-build team.

NRS 408.3881         Public meeting; notice.

NRS 408.3882         Procedure for selecting design-build team.

NRS 408.3883         Request for preliminary proposals: Advertisement by Department; publication; information available for inspection by design-build teams.

NRS 408.3884         Qualifications of design-build team.

NRS 408.3885         Procedure for selecting finalists from among design-build teams that submitted preliminary proposals.

NRS 408.3886         Requests for final proposals and best and final offers: Selection or rejection of proposal or offer; contents of contract between Department and design-build team; duties of design-build team.

NRS 408.3887         Employment of architect or engineer as consultant during construction.

 

Miscellaneous Provisions

NRS 408.389           Approval of Board of Directors required for purchase of certain equipment; analysis of costs and benefits of purchase and alternatives.

NRS 408.393           Enforcement of laws concerning labor; charges for transportation and meals; penalty; exception.

NRS 408.397           Procedure for diversion or change of route of highway.

NRS 408.403           Freeways.

NRS 408.407           Reimbursement of utility by State for relocation of facility located on or near certain highways.

NRS 408.413           Improvement of state highway Route No. 81.

NRS 408.417           Guideposts, signs and markers: Erection; metric units; penalty for destruction; liability for costs of repair and replacement.

NRS 408.423           Permit required to excavate state highway; exception; fee.

NRS 408.427           Unauthorized crossing, removal or destruction of control-of-access fence or barrier on highway: Injunction; recovery of expenses of restoration.

NRS 408.433           Roadside parks and rest areas: Unlawful acts; penalties.

ACQUISITION AND DISPOSAL OF PROPERTY FOR HIGHWAYS

NRS 408.487           Acquisition of property: Purposes.

NRS 408.489           Acquisition of property: Manner; costs.

NRS 408.493           Acquisition of property: Survey and location of right-of-way; judicial order permitting entry for examination and appraisal.

NRS 408.497           Construction, alteration or improvement of highway: Claim for damage to land or interests; proceeding in inverse condemnation.

NRS 408.503           Eminent domain: Resolution by Board; precedence over other legal actions.

NRS 408.507           Lease or rental of property.

NRS 408.513           Acquisition of property by towns and cities; costs; transfer of interest to State.

NRS 408.517           Acquisition of property by counties; costs; transfer of interest to State.

NRS 408.523           Summary vacation and abandonment of portion of state highway superseded by relocation or in excess of needs; resolution of Board; recordation.

NRS 408.527           Procedure for relinquishment of roadways; regulations.

NRS 408.533           Disposal of property.

NRS 408.537           State consent to close public road on public land: Application; notice; duties of planning agencies.

NRS 408.543           State consent to close public road on public land: Duties of Department.

NRS 408.547           State consent to close public road on public land: Determination by Board; approval by inaction; certificate of consent.

TRANSPORTATION FACILITIES

NRS 408.5471         “Transportation facility” defined.

NRS 408.5473         Authority of Department to authorize transportation facilities.

NRS 408.5475         Submission of request to Department; contents of request.

NRS 408.548           Authority of Department to request submission of proposals; regulations.

NRS 408.5483         Approval of request or proposal: Determination of public purpose; staff reports; copy of request or proposal to be furnished to affected governmental entities; fee; approval contingent on entering agreement with Department; establishment of date for development of or commencement of construction of transportation facility.

NRS 408.5485         Contract for transportation services.

NRS 408.549           Federal, state or local assistance.

INFORMATION AND ASSISTANCE FOR TRAVELERS

NRS 408.551           “Center” defined.

NRS 408.553           Designation of locations for signs and centers.

NRS 408.557           Regulations.

NRS 408.559           Development and review of plan.

NRS 408.561           Toll-free telephone system for public accommodations; apportionment of costs.

NRS 408.562           Director’s recommendations for programs: Approval by Board; funding.

NRS 408.563           Agreements with governmental agencies or others.

NRS 408.567           Account for Systems of Providing Information to the Traveling Public: Creation; sources; use.

NRS 408.569           System of communication to report emergencies and to obtain information concerning conditions for driving required along certain frequently traveled highways.

BICYCLE AND PEDESTRIAN SAFETY

NRS 408.571           Educational program: Duty of Department to develop; content.

NRS 408.573           Nevada Bicycle and Pedestrian Advisory Board: Creation; appointment, terms and compensation of members.

NRS 408.577           Nevada Bicycle and Pedestrian Safety Advisory Board: Duties; gifts, grants and donations; Department to provide secretarial services.

NRS 408.579           Electric bicycles authorized for use on trails or walkways intended for use by bicycles.

MISCELLANEOUS PROVISIONS

NRS 408.601           Permits to solicit charitable contributions while standing on median strip of highway or sidewalk adjacent to highway.

_________

GENERAL PROVISIONS

      NRS 408.010  Short title.  This chapter shall be known as the Highways and Roads Law.

      (Added to NRS by 1957, 662)

      NRS 408.015  Rules of construction.

      1.  Unless the particular provision or the context otherwise requires, the rules of construction and general provisions set forth in this section govern the construction of this chapter.

      2.  Whenever any power or authority is given to, or any duty is imposed upon, any person by the provisions of this chapter it may be exercised or performed by any deputy or person authorized by him or her unless it is expressly provided that it shall be exercised in person.

      3.  Whenever any reference is made to any portion of this chapter or of any other law, such reference applies to all amendments and additions thereto.

      (Added to NRS by 1957, 663; A 1977, 187)

      NRS 408.020  Definitions.  As used in this chapter the words and terms defined in NRS 408.033 to 408.095, inclusive, unless the context otherwise requires, have the meanings ascribed to them in those sections.

      (Added to NRS by 1957, 663; A 1969, 557; 1979, 1762; 1985, 892; 1987, 1798; 1989, 1298)

      NRS 408.033  “Board” defined.  “Board” means the Board of Directors of the Department of Transportation.

      (Added to NRS by 1989, 1296)

      NRS 408.037  “Business” defined.  “Business” means any lawful activity conducted primarily:

      1.  For the purchase and resale, manufacture, processing or marketing of products, commodities or any other personal property;

      2.  For the sale of services to the public; or

      3.  By a nonprofit organization.

      (Added to NRS by 1969, 554)

      NRS 408.040  “City” defined.  “City” means any municipality incorporated under state law.

      (Added to NRS by 1957, 663)

      NRS 408.045  “Department” defined.  “Department” means the Department of Transportation.

      (Added to NRS by 1957, 663; A 1979, 1762)

      NRS 408.046  “Director” defined.  “Director” means the Director of the Department of Transportation.

      (Added to NRS by 1985, 891)

      NRS 408.047  “Displaced person” defined.  “Displaced person” means any:

      1.  Person who is head of a family or any individual not a member of a family who moves from a dwelling as the result of the acquisition, or reasonable expectation of acquisition and the subsequent acquisition, of real property on which such dwelling was situated and which was acquired for a federal-aid highway; or

      2.  Owner of a business or farmer who moves as the result of the acquisition of real property on which such owner or farmer conducted a business or farm operation and which was acquired, in whole or in part, for a federal-aid highway.

      (Added to NRS by 1969, 554)

      NRS 408.050  “Encroachment” defined.  “Encroachment” means any tower, pole, pole line, wire, pipe, pipeline, fence, billboard, approach road, driveway, stand or building, crop or crops, flora, or any structure which is placed in, upon, under or over any portion of highway rights-of-way.

      (Added to NRS by 1957, 663)

      NRS 408.056  “Family” defined.  “Family” means two or more individuals living together in the same dwelling unit who are related to each other by blood, marriage, adoption or legal guardianship.

      (Added to NRS by 1969, 554)

      NRS 408.057  “Farm operation” defined.  “Farm operation” means any activity conducted primarily for the production of one or more agricultural products or commodities for sale or home use and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator’s support.

      (Added to NRS by 1969, 554)

      NRS 408.058  “Farmer” defined.  “Farmer” is any person who as an owner, part owner, tenant or sharecropper operates a farm.

      (Added to NRS by 1969, 555)

      NRS 408.059  “Federal-aid highways” defined.  The term “federal-aid highways” has the meaning ascribed to it in 23 U.S.C. § 101.

      (Added to NRS by 1969, 555)

      NRS 408.060  “Freeway” defined.  “Freeway” means a highway or road in respect to which the owners or occupants of abutting lands and other persons have no abutter’s rights of light, view and air, or easements of access to and from the abutting lands, or in respect to which such owners and other persons have only those limited or restricted abutter’s rights or easements of access allowed, designated and described by the Department.

      (Added to NRS by 1957, 663)

      NRS 408.065  “Frontage road” defined.  “Frontage road” means any frontage road, service road, frontage highway, or service highway providing service and access from areas adjacent to a highway or freeway.

      (Added to NRS by 1957, 663)

      NRS 408.067  “Grade line” defined.  “Grade line” means the elevation above sea level of the surface of a highway.

      (Added to NRS by 1971, 1330)

      NRS 408.070  “Highway” defined.  “Highway” means roads, bridges, structures, culverts, curbs, drains and all buildings, communication facilities, services and works incidental to highway construction, improvements and maintenance required, laid out, constructed, improved or maintained as such pursuant to constitutional or legislative authorization.

      (Added to NRS by 1957, 663)

      NRS 408.077  “Planning agency” defined.  “Planning agency” means:

      1.  The planning commission for the city in which the road is entirely located; or

      2.  A county or regional planning commission, if there is one, or the board of county commissioners or Nevada Tahoe Regional Planning Agency, within whose jurisdiction the road is located.

      (Added to NRS by 1981, 924)

      NRS 408.078  “Public lands” defined.  “Public lands” means all lands within the exterior boundaries of the State of Nevada except lands:

      1.  To which title is held by any private person or entity;

      2.  To which title is held by the State of Nevada, any of its local governments or the Nevada System of Higher Education;

      3.  Which are located within congressionally authorized national parks, monuments, national forests or wildlife refuges, or which are lands acquired by purchase consented to by the Legislature;

      4.  Which are controlled by the United States Department of Defense, Department of Energy or Bureau of Reclamation; or

      5.  Which are held in trust for Indian purposes or are Indian reservations.

      (Added to NRS by 1981, 924; A 1993, 400)

      NRS 408.080  “Rights-of-way” defined.  “Rights-of-way” means land, property or any interest therein acquired for or devoted to highways whether or not the entire area of such is actually used for highway purposes.

      (Added to NRS by 1957, 664)

      NRS 408.090  “Shall” and “may” construed.  “Shall” is mandatory and “may” is permissive.

      (Added to NRS by 1957, 664)

      NRS 408.095  “Town” defined.  “Town” means any unincorporated town governed by the board of county commissioners of the county where it is located.

      (Added to NRS by 1957, 664; A 1983, 134)

      NRS 408.100  Declaration of legislative intent.  Recognizing that safe and efficient highway transportation is a matter of important interest to all the people of the State, and that an adequate highway system is a vital part of the national defense, the Legislature hereby determines and declares that:

      1.  An integrated system of state highways and roads is essential to the general welfare of the State.

      2.  Providing such a system of facilities, its efficient management, maintenance and control is recognized as a problem and as the proper prospective of highway legislation.

      3.  Inadequate highways and roads obstruct the free flow of traffic, resulting in undue cost of motor vehicle operation, endangering the health and safety of the citizens of the State, depreciating property values, and impeding general economic and social progress of the State.

      4.  In designating the highways and roads of the State as provided in this chapter, the Legislature places a high degree of trust in the hands of those officials whose duty it is, within the limits of available funds, to plan, develop, operate, maintain, control and protect the highways and roads of this state, for present as well as for future use.

      5.  To this end, it is the express intent of the Legislature to make the Board of Directors of the Department of Transportation custodian of the state highways and roads and to provide sufficiently broad authority to enable the Board to function adequately and efficiently in all areas of appropriate jurisdiction, subject to the limitations of the Constitution and the legislative mandate proposed in this chapter.

      6.  The Legislature intends:

      (a) To declare, in general terms, the powers and duties of the Board of Directors, leaving specific details to be determined by reasonable regulations and declarations of policy which the Board may promulgate.

      (b) By general grant of authority to the Board of Directors to delegate sufficient power and authority to enable the Board to carry out the broad objectives contained in this chapter.

      7.  The problem of establishing and maintaining adequate highways and roads, eliminating congestion, reducing accident frequency and taking all necessary steps to ensure safe and convenient transportation on these public ways is no less urgent.

      8.  The Legislature hereby finds, determines and declares that this chapter is necessary for the preservation of the public safety, the promotion of the general welfare, the improvement and development of facilities for transportation in the State, and other related purposes necessarily included therein, and as a contribution to the system of national defense.

      9.  The words “construction,” “maintenance” and “administration” used in Section 5 of Article 9 of the Constitution of the State of Nevada are broad enough to be construed to include and as contemplating the construction, maintenance and administration of the state highways and roads as established by this chapter and the landscaping, roadside improvements and planning surveys of the state highways and roads.

      (Added to NRS by 1957, 664; A 1965, 998; 1977, 156; 1979, 1762; 1987, 1798; 1989, 1298)

DEPARTMENT OF TRANSPORTATION

General Provisions

      NRS 408.106  Creation; Board of Directors. [Effective through December 31, 2013.]

      1.  There is hereby created a Department of Transportation, administered by a seven-member Board of Directors consisting of the Governor, the Lieutenant Governor, the Attorney General and the State Controller, who serve ex officio, and three members who are appointed by the Governor. If one of the four constitutional offices is vacant, the Secretary of State shall serve ex officio on the Board until the vacancy is filled.

      2.  The Governor shall appoint as members of the Board three persons who are residents of Nevada, informed on and interested in the construction and maintenance of highways and other matters relating to transportation. Each of the three members so appointed must reside in a different highway district and possess at least one of the following qualifications:

      (a) Knowledge of engineering evidenced by the possession of a bachelor of science degree in civil or structural engineering and licensure in this State as a professional engineer.

      (b) Demonstrated expertise in financial matters and business administration.

      (c) Demonstrated expertise in the business of construction evidenced by the possession of a license as a general contractor and experience as a principal officer of a firm licensed in this State.

Ê The Governor shall not appoint any person who is currently employed in the field of or has a substantial financial interest in the construction or maintenance of highways in this State.

      3.  The Governor shall serve as the Chair of the Board and the members of the Board shall elect annually a Vice Chair.

      4.  Each member of the Board who is not a public officer is entitled to receive as compensation $80 for each day or portion of a day during which the member attends a meeting of the Board or is otherwise engaged in the business of the Board plus the per diem allowance and travel expenses provided for state officers and employees generally.

      5.  After the initial terms, the appointed members of the Board shall serve terms of 4 years.

      (Added to NRS by 1989, 1296)

      NRS 408.106  Creation; Board of Directors. [Effective January 1, 2014.]

      1.  There is hereby created a Department of Transportation, administered by a seven-member Board of Directors consisting of the Governor, the Lieutenant Governor, and the State Controller, who serve ex officio, and four members who are appointed by the Governor. If one of the three constitutional offices is vacant, the Secretary of State shall serve ex officio on the Board until the vacancy is filled.

      2.  The Governor shall appoint as members of the Board four persons who are residents of Nevada, informed on and interested in the construction and maintenance of highways and other matters relating to transportation. The members so appointed must be residents of Nevada as follows:

      (a) Two members who must reside in a highway district that includes a county whose population is 700,000 or more;

      (b) One member who must reside in a highway district that includes a county whose population is 100,000 or more but less than 700,000; and

      (c) One member who must reside in a highway district that does not include a county whose population is 100,000 or more.

      3.  All the members appointed pursuant to subsection 2 must be informed on and interested in the construction and maintenance of highways and other matters relating to transportation, and must possess at least one of the following qualifications:

      (a) Knowledge of engineering evidenced by the possession of a bachelor of science degree in civil or structural engineering and licensure in this State as a professional engineer.

      (b) Demonstrated expertise in financial matters and business administration.

      (c) Demonstrated expertise in the business of construction evidenced by the possession of a license as a general contractor and experience as a principal officer of a firm licensed in this State.

Ê The Governor shall not appoint to the Board any person who is currently employed in the field of or has a substantial financial interest in the construction or maintenance of highways in this State.

      4.  The Governor shall serve as the Chair of the Board and the members of the Board shall elect annually a Vice Chair.

      5.  Each member of the Board who is not a public officer is entitled to receive as compensation $80 for each day or portion of a day during which the member attends a meeting of the Board or is otherwise engaged in the business of the Board plus the per diem allowance and travel expenses provided for state officers and employees generally.

      6.  After the initial terms, the appointed members of the Board shall serve terms of 4 years.

      7.  As used in this section, “highway district” means a portion of this State designated by the Board as a highway district for the purposes of carrying out the duties of the Board.

      (Added to NRS by 1989, 1296; A 2013, 3098, effective January 1, 2014)

      NRS 408.111  Composition; heads of divisions.

      1.  The Department consists of a Director, two Deputy Directors, a Chief Engineer and the following divisions:

      (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)

      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)

      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)

      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)

Board of Directors

      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)

      NRS 408.126  Meetings.  The Board shall hold meetings at such times and places, and for such periods and purposes, as it deems essential to the proper execution of the provisions of this chapter.

      (Added to NRS by 1989, 1297)

      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)

      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)

      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)

      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)

      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)

Director and Other Employees

      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)

      NRS 408.163  Director: Qualifications; classification.  The Director:

      1.  Is in the unclassified service of the State.

      2.  Must be a licensed professional engineer in the State.

      3.  Must have had at least 5 years of responsible administrative experience in public or business administration.

      4.  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)

      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)

      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)

      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) 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)

      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 2 years of administrative experience as the assistant director, the Chief Engineer or the head of the Engineering or Planning Division of the Department, or have equivalent experience.

      2.  The Chief Engineer:

      (a) Is in the classified 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)

      NRS 408.180  Oaths of Director and Deputy Directors.  The Director and Deputy Directors shall each take the official oath.

      (Added to NRS by 1957, 667; A 1969, 707; 1975, 346; 1979, 1765; 2003, 2521)

      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)

      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)

      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)

      NRS 408.200  Duties of Director: Standards for construction and maintenance; 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 may construct, reconstruct, operate and maintain materials testing and research laboratory facilities as may be necessary to establish and maintain such standards and specifications.

      3.  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)

      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)

      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 3 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 12-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)

      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 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)

      NRS 408.210  Powers of Director: Closing and construction of highways; removal of encroachments.

      1.  Except as otherwise provided in NRS 484D.655, the Director of the Department of Transportation may restrict the use of, or close, any highway whenever the Director considers the closing or restriction of use necessary:

      (a) For the protection of the public.

      (b) For the protection of such highway from damage during storms or during construction, reconstruction, improvement or maintenance operations thereon.

      (c) To promote economic development or tourism in the best interest of the State or upon the written request of the Executive Director of the Office of Economic Development or the Director of the Department of Tourism and Cultural Affairs.

      2.  The Director of the Department of Transportation may:

      (a) Divide or separate any highway into separate roadways, wherever there is particular danger to the traveling public of collisions between vehicles proceeding in opposite directions or from vehicular turning movements or cross-traffic, by constructing curbs, central dividing sections or other physical dividing lines, or by signs, marks or other devices in or on the highway appropriate to designate the dividing line.

      (b) Lay out and construct frontage roads on and along any highway or freeway and divide and separate any such frontage road from the main highway or freeway by means of curbs, physical barriers or by other appropriate devices.

      3.  The Director may remove from the highways any unlicensed encroachment which is not removed, or the removal of which is not commenced and thereafter diligently prosecuted, within 5 days after personal service of notice and demand upon the owner of the encroachment or the owner’s agent. In lieu of personal service upon that person or agent, service of the notice may also be made by registered or certified mail and by posting, for a period of 5 days, a copy of the notice on the encroachment described in the notice. Removal by the Department of the encroachment on the failure of the owner to comply with the notice and demand gives the Department a right of action to recover the expense of the removal, cost and expenses of suit, and in addition thereto the sum of $100 for each day the encroachment remains beyond 5 days after the service of the notice and demand.

      4.  If the Director determines that the interests of the Department are not compromised by a proposed or existing encroachment, the Director may issue a license to the owner or the owner’s agent permitting an encroachment on the highway. Such a license is revocable and must provide for relocation or removal of the encroachment in the following manner. Upon notice from the Director to the owner of the encroachment or the owner’s agent, the owner or agent may propose a time within which he or she will relocate or remove the encroachment as required. If the Director and the owner or the owner’s agent agree upon such a time, the Director shall not himself or herself remove the encroachment unless the owner or the owner’s agent has failed to do so within the time agreed. If the Director and the owner or the owner’s agent do not agree upon such a time, the Director may remove the encroachment at any time later than 30 days after the service of the original notice upon the owner or the owner’s agent. Service of notice may be made in the manner provided by subsection 3. Removal of the encroachment by the Director gives the Department the right of action provided by subsection 3, but the penalty must be computed from the expiration of the agreed period or 30-day period, as the case may be.

      (Added to NRS by 1957, 669; A 1967, 824; 1969, 95; 1979, 1766; 1985, 619; 2007, 1001; 2011, 2982, 3470; 2013, 91)

      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)

      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)

      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)

      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)

      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)

      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, 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)

      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)

Planning

      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)

      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)

FINANCING HIGHWAYS AND ROADS

      NRS 408.235  State Highway Fund: Creation; sources; uses; payment of bills; limitations on use of bond proceeds and taxes ad valorem; limitations on use of lease fees. [Effective until the date that the balance of the separate account required by subsection 8 of this section is reduced to zero.]

      1.  There is hereby created the State Highway Fund.

      2.  Except as otherwise provided by a specific statute, the proceeds from the imposition of any:

      (a) License or registration fee and other charges with respect to the operation of any motor vehicle upon any public highway, city, town or county road, street, alley or highway in this State; and

      (b) Excise tax on gasoline or other motor vehicle fuel,

Ê must be deposited in the State Highway Fund and must, except for costs of administering the collection thereof, be used exclusively for the administration, construction, reconstruction, improvement and maintenance of highways as provided for in this chapter.

      3.  The interest and income earned on the money in the State Highway Fund, after deducting any applicable charges, must be credited to the Fund.

      4.  Costs of administration for the collection of the proceeds for any license or registration fees and other charges with respect to the operation of any motor vehicle must be limited to a sum not to exceed 22 percent of the total proceeds so collected.

      5.  Costs of administration for the collection of any excise tax on gasoline or other motor vehicle fuel must be limited to a sum not to exceed 1 percent of the total proceeds so collected.

      6.  All bills and charges against the State Highway Fund for administration, construction, reconstruction, improvement and maintenance of highways under the provisions of this chapter must be certified by the Director and must be presented to and examined by the State Board of Examiners. When allowed by the State Board of Examiners and upon being audited by the State Controller, the State Controller shall draw his or her warrant therefor upon the State Treasurer.

      7.  The money deposited in the State Highway Fund pursuant to NRS 244A.637 and 354.59815 must be maintained in a separate account for the county from which the money was received. 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:

      (a) Must be used exclusively for the construction, reconstruction, improvement and maintenance of highways in that county as provided for in this chapter;

      (b) Must not be used to reduce or supplant the amount or percentage of any money which would otherwise be made available from the State Highway Fund for projects in that county; and

      (c) Must not be used for any costs of administration or to purchase any equipment.

      8.  The money deposited in the State Highway Fund pursuant to NRS 482.313 must be maintained in a separate account. 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:

      (a) Must be used exclusively for the construction, reconstruction, improvement and maintenance of highways as provided for in this chapter; and

      (b) Must not be used for any costs of administration or to purchase any equipment.

      (Added to NRS by 1957, 670; A 1959, 598; 1979, 1118, 1768; 1983, 1585; 1991, 1905; 1995, 991; 1997, 3298; 1999, 780; 2001 Special Session, 140; 2007, 1591, 1592, 1593)

      NRS 408.235  State Highway Fund: Creation; sources; uses; payment of bills; limitations on use of bond proceeds and taxes ad valorem. [Effective on the date that the balance of the separate account maintained for money deposited pursuant to NRS 482.313 is reduced to zero.]

      1.  There is hereby created the State Highway Fund.

      2.  Except as otherwise provided by a specific statute, the proceeds from the imposition of any:

      (a) License or registration fee and other charges with respect to the operation of any motor vehicle upon any public highway, city, town or county road, street, alley or highway in this State; and

      (b) Excise tax on gasoline or other motor vehicle fuel,

Ê must be deposited in the State Highway Fund and must, except for costs of administering the collection thereof, be used exclusively for the administration, construction, reconstruction, improvement and maintenance of highways as provided for in this chapter.

      3.  The interest and income earned on the money in the State Highway Fund, after deducting any applicable charges, must be credited to the Fund.

      4.  Costs of administration for the collection of the proceeds for any license or registration fees and other charges with respect to the operation of any motor vehicle must be limited to a sum not to exceed 22 percent of the total proceeds so collected.

      5.  Costs of administration for the collection of any excise tax on gasoline or other motor vehicle fuel must be limited to a sum not to exceed 1 percent of the total proceeds so collected.

      6.  All bills and charges against the State Highway Fund for administration, construction, reconstruction, improvement and maintenance of highways under the provisions of this chapter must be certified by the Director and must be presented to and examined by the State Board of Examiners. When allowed by the State Board of Examiners and upon being audited by the State Controller, the State Controller shall draw his or her warrant therefor upon the State Treasurer.

      7.  The money deposited in the State Highway Fund pursuant to NRS 244A.637 and 354.59815 must be maintained in a separate account for the county from which the money was received. 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:

      (a) Must be used exclusively for the construction, reconstruction, improvement and maintenance of highways in that county as provided for in this chapter;

      (b) Must not be used to reduce or supplant the amount or percentage of any money which would otherwise be made available from the State Highway Fund for projects in that county; and

      (c) Must not be used for any costs of administration or to purchase any equipment.

      (Added to NRS by 1957, 670; A 1959, 598; 1979, 1118, 1768; 1983, 1585; 1991, 1905; 1995, 991; 1997, 3298; 1999, 780; 2001 Special Session, 140; 2007, 1591, 1592, 1593; 2011, 2893, effective on the date that the balance of the separate account maintained for money deposited pursuant to NRS 482.313 is reduced to zero)

      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)

      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 590.860;

      (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)

      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)

      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)

      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)

      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)

      NRS 408.265  Federal money deposited in State Highway Fund.  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)

      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)

      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)

      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,

Ê and must mature within not more than 20 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)

      NRS 408.275  Surveys, maps and studies of traffic; roadside parks; rest areas; receipt of federal money; regulations.

      1.  The Department shall prepare highway planning surveys, maps and traffic studies for the purposes of securing, preserving and furnishing all necessary information relative to all highways of the State.

      2.  The Department may construct and maintain roadside parks for the convenience of the traveling public at such locations as the Director selects.

      3.  In order to provide information for the traveling public, the Director may maintain maps, informational directories and advertising pamphlets at safety rest areas. The Director may, with the concurrence of the Board, contract with persons experienced in financing and operating centers for the dissemination of maps, directories, advertising pamphlets and other information of interest to the traveling public by leasing to those persons available land at safety rest areas for such periods of time and for such considerations as are determined by the Director to be in the best interests of the State of Nevada.

      4.  The Department may receive any federal money available for the purposes of this section under the federal acts described in NRS 408.245.

      5.  The Department shall adopt appropriate regulations governing the use of roadside parks and safety rest areas in the State.

      (Added to NRS by 1957, 672; A 1969, 223; 1979, 206, 1770; 1987, 1803; 1989, 1302)

      NRS 408.280  Program for work on highways: Contents; distribution.

      1.  On or before July 15 of each year the Board shall prepare and present to the Governor a detailed proposed work program, the form and content to be determined by the Board, for the fiscal year ending the following June 30, stating therein the amount, character, and nature of the construction, reconstruction and improvements to be initiated on the highways within the respective counties of the State during the ensuing fiscal year, together with an estimate of the cost to complete such work.

      2.  The Board shall cause a copy of the proposed work program to be printed and a copy mailed to the chair of the board of county commissioners of the several counties of the State, and a copy must be furnished to all news media in the State.

      (Added to NRS by 1957, 673; A 1965, 999; 1975, 139; 1987, 1803; 1989, 1302)

      NRS 408.281  Program for work on highways: Inclusion of designated projects for use of recycled products.  The Department shall submit for approval to the Board of Directors, as a part of the annual work program, designated projects for the use of recycled products. The designated projects must:

      1.  Be comprised of projects for highway construction, reconstruction, surface overlay or surface sealing for which competitive bids have been submitted and use in the surfacing mixture at least 15 percent by weight recycled asphalt or other recycled products, such as crumb rubber from tires, ash, plastics, glass or glassy aggregates.

      2.  Be comprised of equipment used in highway construction, including, but not limited to, barriers and markers that are made from recycled products.

      (Added to NRS by 1991, 1675)

IMPROVEMENT OF COUNTY ROADS

      NRS 408.283  Cooperative agreements between Department of Transportation and county commissioners.

      1.  The Department may enter into cooperative agreements with any board of county commissioners in the State for the improvement of any road.

      2.  Roads improved pursuant to this section must belong to the county and must be maintained at the expense of the county.

      3.  Each agreement entered into pursuant to this section is effective upon the approval of the Board of Directors of the Department of Transportation, and no money may be expended pursuant to an agreement except upon authorization by the Board.

      (Added to NRS by 1971, 602; A 1977, 224; 1987, 1804; 1989, 1302)

      NRS 408.2831  Contents of agreement.  Every agreement entered into pursuant to NRS 408.283 shall specify:

      1.  The type of improvement required to produce an adequate road.

      2.  The percentage of the cost or participation of the State.

      3.  The percentage of the cost or participation of the county.

      (Added to NRS by 1971, 602)

      NRS 408.2832  Priority of improvement projects; determination of ability of county to perform.

      1.  The Board shall determine the priority of improvement of any road proposed pursuant to NRS 408.283.

      2.  The Board shall not authorize the expenditure of money for any agreement entered into pursuant to NRS 408.283 until it first determines that the county is able to perform its pro rata share of the improvement and that it will maintain the project as required by the agreement.

      (Added to NRS by 1971, 602; A 1987, 1804; 1989, 1303)

      NRS 408.2833  Standards for project.  The Department shall determine standards to be met in the project.

      (Added to NRS by 1971, 602)

STATE HIGHWAY SYSTEM

      NRS 408.285  State highways; designation of other highways and roads as state highways and state routes; route numbers; roads for state parks.

      1.  Except as provided in subsection 2, only those highways which are owned and maintained by the Department in accordance with the provisions of this chapter are state highways, and the Department is responsible for their construction, reconstruction, improvement and maintenance. Money available to the State through the Acts of Congress described in NRS 408.245 or any other federal acts may be used therefor. When federal money is made available under federal acts authorizing the use of federal money to build roads in the national forests, the Board may set aside for that purpose and expend highway money on state highways built by the Federal Government.

      2.  Unless it has been expressly designated as a state highway, every other highway, road, street, lane, sidewalk, alley, pathway, waterway or any other way for the passage of a person, animal or vehicle is not a state highway, and the Department is not liable for any damage arising from the use of that highway or for any hazard or deficiency in that highway. Designation of any such way as a state highway may be accomplished only by a written agreement properly executed by the Director and recorded in the county in which the highway is located.

      3.  Other highways may be designated by the Director as state routes if:

      (a) They connect or extend existing state highways; or

      (b) Their construction, reconstruction, improvement and maintenance by the Department is anticipated within a reasonable period.

      4.  For administrative purposes all state highways and routes may be selected, designated and assigned route numbers by the Director. Numbers selected may conform so far as possible to applicable federal designations of routes.

      5.  All roads connecting state parks with state or county highways or city streets, where the title thereto is in the State, are parts of the state highway system and may be maintained by the State. The Department may construct and maintain roads within state parks subject to approval of locations and design by the Division of State Parks of the State Department of Conservation and Natural Resources.

      (Added to NRS by 1957, 673; A 1961, 181; 1963, 833; 1977, 224; 1979, 1770; 1985, 1920; 1987, 1804; 1989, 1303)

      NRS 408.290  Procedure for establishment of new routes.  The Department may establish new routes into or in the vicinity of municipalities and metropolitan areas with the approval of the board of county commissioners of the county in which an addition is proposed and with the approval of the city council of any incorporated city directly affected.

      (Added to NRS by 1957, 673; A 1959, 599; 1977, 225)

NAMES AND MARKERS OF HIGHWAYS

      NRS 408.303  U.S. Highway No. 6 designated as Grand Army of the Republic Highway; placement of markers.

      1.  United States Highway No. 6, as now or hereafter located in this state, is designated as Grand Army of the Republic Highway and U.S. 6.

      2.  The Director shall place suitable markers along the highway and may locate them at such points as the Director deems appropriate.

      (Added to NRS by 1957, 667; A 1979, 1771)

      NRS 408.307  Comstock Highway: Designation; placement of markers.

      1.  The state highways which connect Virginia City with other state highways are collectively designated as the Comstock Highway.

      2.  The Director shall place suitable markers along the highway and may locate them at such points as the Director deems appropriate.

      (Added to NRS by 1975, 368; A 1977, 226; 1979, 1771)

      NRS 408.309  Designation of Route 94.  Route 94 begins at a point on the Pahrump Valley Road approximately 3.6 miles southeast of the Nye County line, thence easterly via Lovell Summit and Red Rock Summit to a point on the Red Rock Canyon Road approximately 11 miles west of Las Vegas.

      (Added to NRS by 1989, 1569)

CONSTRUCTION, IMPROVEMENT AND MAINTENANCE OF HIGHWAYS

General Provisions

      NRS 408.313  Manner of construction; use of recycled materials.

      1.  Except as otherwise provided in subsection 2, all highways constructed under the provisions of this chapter shall be constructed in such manner as to provide for sufficient and permanent drainage and of such materials as to insure, so far as reasonably may be done, considering all of the circumstances, permanent wearing qualities and to provide against excessive maintenance cost. Regard shall always be had to the character and quality of the traffic to be accommodated and the interests of the public to be served.

      2.  The Department shall ensure that the use of any recycled aggregate, recycled bituminous pavement or recycled rubber from tires, or any combination thereof, in any project for the construction, reconstruction, improvement, maintenance or repair of a highway is not restricted unless scientific evidence satisfactory to the Department clearly indicates that the use of the recycled aggregate, recycled bituminous pavement or recycled rubber from tires for that project compromises the soundness of the project.

      (Added to NRS by 1957, 682; A 2011, 1602)

      NRS 408.317  Supervision of work by Director; payments from State Highway Fund.

      1.  Except as otherwise provided in NRS 408.3875 to 408.3887, inclusive, all work of construction, reconstruction, improvement and maintenance of highways as provided under the provisions of this chapter is under the supervision and direction of the Director and must be performed in accordance with the plans, specifications and contracts prepared by the Director.

      2.  All maintenance and repair of highways when performed by the Department must be paid out of the State Highway Fund.

      (Added to NRS by 1957, 682; A 1979, 1771; 1999, 3487; 2001, 2022; 2003, 119)

      NRS 408.319  Report of projects for construction and maintenance: Preparation; contents; revision; public inspection.

      1.  The Department shall prepare and make available for public inspection a report of its projects for the construction and maintenance of highways. The report must include:

      (a) A description of the Department’s work in progress and its proposed projects;

      (b) The cost of each project, including the anticipated cost for:

             (1) The acquisition of rights-of-way;

             (2) Design and engineering; and

             (3) Construction; and

      (c) The estimated starting dates for each project and the components of each project.

      2.  The report must be revised every 6 months to indicate any change in the cost of a project or the component of a project, and any change in the starting or completion date of a project.

      3.  The Department shall make the report available for public inspection at its office during normal business hours.

      (Added to NRS by 1991, 1904)

      NRS 408.3195  Written analysis of costs and benefits of proposed highway projects: Contents; availability to Board and public.

      1.  Before the Department submits a proposal for a highway project to the Board for approval, the Department shall prepare a written analysis of the costs and benefits of the project. The analysis must state, for each highway district in which the project is proposed:

      (a) The limits of the project;

      (b) The period of analysis;

      (c) The discount rate used in the analysis;

      (d) The initial costs of the Department for the project, including any costs for design, engineering, the acquisition of land and construction;

      (e) The future costs of the Department to preserve and maintain the project, discounted to present value;

      (f) Any other costs of the Department for any other construction or any mitigation associated with the project;

      (g) The costs to highway users for any loss of safety, delays in the time of travel and costs for the operation of vehicles that are associated with the project;

      (h) The costs of any environmental impacts, including vehicle emissions and noise, that are associated with the project; and

      (i) The value of the benefits of the project, including the value of any:

             (1) Savings in the time of travel;

             (2) Improvements to safety; and

             (3) Savings in the cost of operating vehicles.

      2.  The analysis required by this section:

      (a) Must include a discussion of any additional increases in costs that would result from any delays in the performance of any routine maintenance scheduled under the maintenance program of the Department;

      (b) May include a discussion of:

             (1) The costs of the project for any other persons and governmental agencies;

             (2) The value of any other social, economic or environmental benefits or costs of the project; and

             (3) Any costs or benefits which may result from the use of any alternative design, construction or financing practices; and

      (c) Must be prepared in a format that allows for the comparison of proposed highway projects.

      3.  The analysis required by this section must be made available to the Board and the public when the agenda is posted for the meeting at which the proposal will be submitted to the Board for its approval.

      4.  As used in this section, “highway project” means a project that is expected to increase the capacity of the state highway system and cost at least $25 million.

      (Added to NRS by 2007, 1590)

      NRS 408.321  Consideration of motor vehicle recovery lanes, bicycle lanes, various services for bicycles and turnouts for slower vehicles.  The Department shall, in accordance with appropriate standards of design:

      1.  Integrate the consideration of motor vehicle recovery and bicycle lanes and bicycle routes, facilities and signs into all plans, designs, construction and maintenance of highways; and

      2.  To the extent practicable, integrate the consideration of periodic turnouts for slower vehicles into plans, designs, construction and maintenance of highways that have one lane for traveling in each direction.

      (Added to NRS by 1991, 2236; A 2001, 1507)

      NRS 408.323  Conditions for execution of work without contract; work resulting from disaster or emergency.

      1.  Whenever it can be justified by the Director that limited work or improvements can be done in a more economical or other satisfactory manner than by contract under NRS 408.327, the Director may, with the approval of the Board, execute such work or improvements with Department facilities and employees.

      2.  In the event of disaster or great emergency the Director may, with the approval of the Board, hire, employ or contract for such labor, materials and equipment as are in the Director’s opinion necessary to reroute, repair or replace any highway threatened or damaged by the emergency or disaster, and the provisions of NRS 408.327 and 408.367 do not apply.

      (Added to NRS by 1957, 682; A 1979, 1771; 1987, 1805; 1989, 1303)

      NRS 408.327  Advertisement for bids; publication.  Except as otherwise provided in NRS 408.3875 to 408.3887, inclusive:

      1.  Whenever the provisions of NRS 408.323 do not apply, the Director shall advertise for bids for such work according to the plans and specifications prepared by the Director.

      2.  The advertisement must state the place where the bidders may obtain or inspect the plans and specifications and the time and place for opening the plans and specifications.

      3.  Publication of the advertisement must be made at least once a week for 2 consecutive weeks for a total of at least two publications in a newspaper of general circulation in the county in which the major portion of the proposed improvement or construction is to be made, and the advertisement must also be published at least once a week for 2 consecutive weeks for a total of at least two publications in one or more daily papers of general circulation throughout the State. The first publication of the advertisement in the daily newspapers having general circulation throughout the State must be made not less than 15 days before the time set for opening bids.

      (Added to NRS by 1957, 682; A 1979, 1771; 1999, 3487; 2001, 2022; 2003, 119)

      NRS 408.333  Bids and bidders: Experience and financial ability; disqualification; hearing upon disqualification; appeal of decision.  Except as otherwise provided in NRS 408.367 or 408.3875 to 408.3887, inclusive:

      1.  Before furnishing any person proposing to bid on any advertised work with the plans and specifications for such work, the Director shall require from the person a statement, verified under oath, in the form of answers to questions contained in a standard form of questionnaire and financial statement, which must include a complete statement of the person’s financial ability and experience in performing public work and any other comparable experience.

      2.  Such statements must be filed with the Director in ample time to permit the Department to verify the information contained therein in advance of furnishing proposal forms, plans and specifications to any person proposing to bid on the advertised public work, in accordance with the regulations of the Department.

      3.  Whenever the Director is not satisfied with the sufficiency of the answers contained in the questionnaire and financial statement, the Director may refuse to furnish the person with plans and specifications and the official proposal forms on the advertised project. If the Director determines that the person has, within the preceding year, materially breached a contract for a public work for which the cost exceeds $25,000,000, the Director shall refuse to furnish the person with plans and specifications and the official proposal forms on the advertised project. Any bid of any person to whom plans and specifications and the official proposal forms have not been issued in accordance with this section must be disregarded, and the certified check, cash or undertaking of such a bidder returned forthwith.

      4.  Any person who is disqualified by the Director, in accordance with the provisions of this section, may request, in writing, a hearing before the Director and present again the person’s check, cash or undertaking and such further evidence with respect to the person’s financial responsibility, organization, plant and equipment, or experience, as might tend to justify, in his or her opinion, issuance to him or her of the plans and specifications for the work.

      5.  Such a person may appeal the decision of the Director to the Board no later than 5 days before the opening of the bids on the project. If the appeal is sustained by the Board, the person must be granted the rights and privileges of all other bidders.

      (Added to NRS by 1957, 682; A 1979, 1772; 1987, 1805; 1989, 1304; 1999, 3488; 2001, 2022; 2003, 119; 2011, 53; 2013, 564, 1398)

      NRS 408.337  Bids and bidders: Security; forfeiture; refunds.  Except as otherwise provided in NRS 408.3875 to 408.3887, inclusive:

      1.  All bids must be accompanied by an undertaking executed by a corporate surety authorized to do business in the State, or by cash or a certified check in an amount equal to at least 5 percent of the amount bid. Such undertaking, cash or check furnished to accompany a bid submitted on-line pursuant to NRS 408.343 must be furnished in accordance with the procedures set forth by the Director.

      2.  If the successful bidder fails to execute the contract in accordance with his or her bid and give any bond required by law and the contract and bond are not postmarked or delivered to the Department within 20 days after award of the contract, the undertaking, cash or certified check is forfeited and the proceeds must be paid into the State Highway Fund.

      3.  The failure of the successful bidder to furnish any bond required of the bidder by law within the time fixed for his or her execution of the contract constitutes a failure to execute the contract.

      4.  If the Director deems it is for the best interests of the State, the Director may, on refusal or failure of the successful bidder to execute the contract, award it to the second lowest responsible bidder. If the second lowest responsible bidder fails or refuses to execute the contract, the Director may likewise award it to the third lowest responsible bidder. On the failure or refusal to execute the contract of the second or third lowest bidder to whom a contract is so awarded, their bidder’s security is likewise forfeited to the State.

      5.  The bidder’s security of the second and third lowest responsible bidders may be withheld by the Department until the contract has been finally executed and the bond given as required under the provisions of the contract, at which time the security must be returned. The bidder’s security submitted by all other unsuccessful bidders must be returned to them within 10 days after the contract is awarded.

      (Added to NRS by 1957, 683; A 1979, 1772; 1999, 3488; 2001, 2022; 2003, 119; 2009, 1161)

      NRS 408.343  Bids and bidders: Procedure for award of contract; regulations.

      1.  Except as otherwise provided in NRS 408.3875 to 408.3887, inclusive:

      (a) All bids must be submitted:

             (1) Under sealed cover and received at the address in Nevada stated in the advertisement for bids and must be opened publicly and read at the time stated in the advertisement; or

             (2) Pursuant to the process of on-line bidding established by the Director.

      (b) No bids may be received after the time stated in the advertisement even though bids are not opened exactly at the time stated in the advertisement. No bid, whether submitted in accordance with subparagraph (1) or (2) of paragraph (a), may be opened before that time.

      (c) Any bid may be withdrawn by request at any time before the time stated in the advertisement. The withdrawal must be filed with the Director and executed by the bidder or the bidder’s duly authorized representative. The withdrawal may be filed electronically. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid before the time stated in the advertisement.

      (d) The Department may reject any bid or all bids if, in the opinion of the Department, the bids are unbalanced, incomplete, contain irregularities of any kind or for any good cause.

      (e) Until the final award of the contract, the Department may reject or accept any bids and may waive technical errors contained in the bids, as may be deemed best for the interests of the State.

      (f) In awarding a contract, the Department shall make the award to the lowest responsible bidder who has qualified and submitted his or her bid in accordance with the provisions of this chapter.

      2.  The Director may adopt regulations to carry out the provisions of this section.

      3.  As used in this section, “on-line bidding” means a process:

      (a) That is established by the Director; and

      (b) By which bidders submit proposals or bids for contracts on a secure website on the Internet or its successor, if any, which is established and maintained by the Department for that purpose.

      (Added to NRS by 1957, 683; A 1979, 1773; 1981, 265; 1999, 3489; 2001, 2022; 2003, 119; 2009, 1162)

      NRS 408.346  Monetary incentive for early completion of contract.

      1.  Any contract made or awarded by the Department for the construction, improvement, maintenance or repair of a highway or an appurtenance to that highway may include a provision for the payment of an additional amount of money to the person with whom the contract is made or to whom it is awarded if the person satisfactorily completes the construction, improvement, maintenance or repair of the highway or appurtenance before the date for completion of that construction, improvement, maintenance or repair set forth in the contract.

      2.  The amount of money to be paid pursuant to a provision included in a contract specified in subsection 1 and the date before which the work must be completed must be determined by the Department.

      (Added to NRS by 1999, 1652)

      NRS 408.347  Execution of contract in name of State; copies filed with Department and county commissioners.

      1.  All construction contracts authorized by NRS 408.327 must be executed in the name of the State of Nevada and must be signed by the Chair of the Board and attested by the Director, under the seal of the Department, signed by the contracting party or parties, and the form and legality of such contracts approved by the Attorney General or Chief Counsel of the Department.

      2.  When the contract is fully executed, a copy of the same, including plans and specifications, must be filed in the office of the Department at Carson City, Nevada, and with the clerk of the board of county commissioners of the county in which the work is to be performed.

      (Added to NRS by 1957, 684; A 1979, 1773; 1987, 1806; 1989, 1304)

      NRS 408.353  Interest of member of Board, officer or employee prohibited; exception; voidability; penalties.

      1.  Except as otherwise provided in subsection 2, all members of the Board, directors and other officers or employees of the Department are prohibited from having any interest, directly or indirectly, in any contract entered into by the Department.

      2.  If the Director of the Department deems it necessary to enter into a contract with one of the persons described in subsection 1, the Director shall submit the proposed contract to the State Board of Examiners for approval. Upon its approval, the Director may enter into the contract.

      3.  Any contract made in violation of this section may be declared void at the instance of the State or any person interested in the contract except a person prohibited from being interested in it.

      4.  Any person violating the provisions of this section, directly or indirectly, is guilty of a gross misdemeanor, forfeits his or her office and is forever disqualified from holding any public office in this state.

      (Added to NRS by 1957, 684; A 1967, 573; 1975, 934; 1977, 1113; 1979, 1774; 1985, 704; 1987, 1806; 1989, 1304)

      NRS 408.354  Contract awarded to railroad company may provide under certain circumstances that railroad company is exempt from requirements concerning bonds.  If the Director awards to a railroad company a contract for a project for the construction, reconstruction, improvement or maintenance of a highway and the project is located on property that is owned by or under the control of the railroad company, the contract may provide that the railroad company is not required to file, furnish or obtain a payment bond, performance bond or any other bond that would otherwise be required pursuant to the provisions of this chapter.

      (Added to NRS by 2001, 636)

      NRS 408.357  Bids and bidders: Bonds required of successful bidders; exception; conditions; sureties.

      1.  Except as otherwise provided in NRS 408.354, every contract must provide for the filing and furnishing of one or more bonds by the successful bidder, with corporate sureties approved by the Department and authorized to do business in the State, in a sum equal to the full or total amount of the contract awarded. The bond or bonds must be performance bonds or labor and material bonds, or both.

      2.  The performance bonds must:

      (a) Guarantee the faithful performance of the contract in accordance with the plans, specifications and terms of the contract.

      (b) Be maintained for 1 year after the date of completion of the contract.

      3.  The labor and material bonds must:

      (a) Secure payment of state and local taxes relating to the contract, premiums under the Nevada Industrial Insurance Act, contributions under the Unemployment Compensation Law, and payment of claims for labor, materials, provisions, implements, machinery, means of transportation or supplies furnished upon or used for the performance of the contract; and

      (b) Provide that if the contractor or his or her subcontractors, or assigns, fail to pay for such taxes, premiums, contributions, labor and materials required of, and used or consumed by, the contractor or his or her subcontractors, the surety shall make the required payment in an amount not exceeding the total sum specified in the bond together with interest at a rate of 8 percent per annum.

Ê All such bonds must be otherwise conditioned as required by law or the Department.

      4.  No person bidding for work or submitting proposals under the provisions of this chapter may be accepted as surety on any bond.

      5.  Whenever the Department has cause to believe that the sureties or any of them have become insufficient, it may demand in writing of the contractor such further bonds or additional sureties, in a total sum not exceeding that originally required, as are necessary, considering the extent of the work remaining to be done. Thereafter no payment may be made upon the contract to the contractor or any assignee of the contractor until the further bonds or additional sureties have been furnished.

      6.  The Department in every contract may require the furnishing of proof by the successful bidder of public liability and insurance coverage for damage to property.

      (Added to NRS by 1957, 684; A 1987, 1806; 2001, 636)

      NRS 408.363  Claims against contractor’s bond; action against surety.

      1.  Any person who has furnished labor, materials, provisions, implements, machinery, means of transportation or supplies used or consumed by such contractor or the contractor’s subcontractors in or about the performance of the work contracted to be done, and whose claim therefor has not been paid by such contractor or subcontractors, and who desires to be protected under the bond, shall file with the Department a claim in triplicate within 30 days from the date of final acceptance of the contract as provided in NRS 408.387, and such claim shall be executed and verified before a notary public and contain a statement that the same has not been paid. One copy shall be filed in the office of the Department and the remaining copies shall be forwarded to the contractor and surety.

      2.  Any such person so filing a claim may at any time within 6 months thereafter commence an action against the surety or sureties on the bond for the recovery of the amount of the claim and the filing of such claim shall not constitute a claim against the Department. Failure to commence such action upon the bond and the sureties within 6 months after date of the Department’s final acceptance will bar any right of action against such surety or sureties.

      (Added to NRS by 1957, 685; A 1967, 348)

      NRS 408.367  Project not exceeding $250,000: Solicitation and rejection of bids; quarterly reports; public records; bonds.

      1.  With the approval of the Board, the Director may receive informal bids and award contracts for highway construction, reconstruction, improvements, and maintenance on projects estimated to cost not in excess of $250,000.

      2.  Before furnishing any person proposing to bid on any solicited work with the plans and specifications for such work, the Director shall require from the person a statement, verified under oath, in the form of answers to questions contained in a standard form of questionnaire, which must include information describing:

      (a) The geographical regions of this State in which the person is willing to perform the public work;

      (b) The type of license and classification, if any, held by the person; and

      (c) The business license held by the person and its expiration date.

      3.  Before awarding a contract pursuant to subsection 1, the Director must:

      (a) If the estimated cost of the project is $50,000 or less, solicit a bid from at least one properly licensed contractor; and

      (b) If the estimated cost of the project is more than $50,000 but not more than $250,000, solicit bids from at least three properly licensed contractors.

      4.  Any bids received in response to a solicitation for bids made pursuant to subsection 3 may be rejected if the Director determines that:

      (a) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications;

      (b) The bidder is not responsive or responsible; or

      (c) The public interest would be served by such a rejection.

      5.  At least once each quarter, the Director shall prepare a report detailing, for each project for which a contract for its completion is awarded pursuant to paragraph (b) of subsection 3, if any:

      (a) The name of the contractor to whom the contract was awarded;

      (b) The amount of the contract awarded;

      (c) A brief description of the project; and

      (d) The names of all contractors from whom bids were solicited.

      6.  A report prepared pursuant to subsection 5 is a public record and must be maintained on file at the principal offices of the Department.

      7.  Except as otherwise provided in NRS 408.354, contracts awarded pursuant to the provisions of this section must be accompanied by bonds and conditioned and executed in the name of the State of Nevada, and must be signed by the Director under the seal of the Department, and by the contracting party or parties. The form and legality of those contracts must be approved by the Attorney General or Chief Counsel of the Department.

      (Added to NRS by 1957, 685; A 1971, 1230; 1979, 1774; 1987, 1807; 1989, 1305; 1993, 1941; 1995, 139; 2001, 637; 2009, 905; 2013, 565)

      NRS 408.373  Contractor: Compliance with state laws concerning workers’ compensation and unemployment compensation; compliance with other laws.

      1.  Before paying any money or drawing a warrant in payment to a person to whom a contract is awarded, the State Controller shall require satisfactory evidence of the person’s compliance with the requirements to provide workers’ compensation pursuant to chapters 616A to 617, inclusive, of NRS and of the person’s payment of the contributions and payments required by chapter 612 of NRS, and the State Controller shall withhold payment to the contractor or the contractor’s assigns until the evidence is provided.

      2.  If a contractor fails to provide the required coverage, the State Controller may make the payments for this purpose to a private carrier on his or her own behalf from money withheld pursuant to the provisions of subsection 1.

      3.  Failure to comply with all federal, state and local laws, rules, regulations and ordinances is sufficient cause to withhold any money due the contractor until compliance therewith.

      (Added to NRS by 1957, 686; A 1963, 975; 1985, 288; 1989, 1534; 1995, 2045; 1999, 1844)

      NRS 408.377  Subcontractor: Approval; compliance with laws.

      1.  No prime or general contractor shall assign or sublet any portion of work to be done under the terms of any contract except:

      (a) Upon the written approval of the Department.

      (b) In accordance with the terms of the contract or specifications.

      2.  All subcontractors and assignees of the prime or general contractor shall be required to comply with the provisions of NRS 408.373 in the same manner as the prime or general contractor.

      (Added to NRS by 1957, 686)

      NRS 408.379  Subcontractor: State business license required.

      1.  A subcontractor who enters into a subcontract for a project for the construction and maintenance of a highway shall not accept or otherwise receive any public money for the project, including, without limitation, accepting or receiving any public money as a payment from a contractor, unless the subcontractor is the holder of a state business license issued pursuant to chapter 76 of NRS.

      2.  As used in this section, “subcontractor” has the meaning ascribed to it in NRS 338.010.

      (Added to NRS by 2013, 1030)

      NRS 408.383  Contractor: Partial payments; percentage retained; substitution of certain obligations for retained payments; period for dispersal of money by contractor to subcontractors; rate of interest on delinquent dispersal; procedure for resolution of dispute over dispersal.

      1.  Except as otherwise provided in subsections 2, 11 and 12, the Director may pay at the end of each calendar month, or as soon thereafter as practicable, to any contractor satisfactorily performing any highway improvement or construction as the work progresses in full for the work as completed but not more than 95 percent of the entire contract price. The progress estimates must be based upon materials in place, or on the job site, or at a location approved by the Director, and invoiced, and labor expended thereon. The remaining 5 percent, but not more than $50,000, must be retained until the entire contract is completed satisfactorily and accepted by the Director.

      2.  If the work in progress is being performed on a satisfactory basis, the Director may reduce the percentage retained if the Director finds that sufficient reasons exist for additional payment and has obtained written approval from every surety furnishing bonds for the work. Any remaining money must be retained until the entire contract is completed satisfactorily and accepted by the Director.

      3.  If it becomes necessary for the Department to take over the completion of any highway contract or contracts, all of the amounts owing the contractor, including the withheld percentage, must first be applied toward the cost of completion of the contract or contracts. Any balance remaining in the retained percentage after completion by the Department is payable to the contractor or the contractor’s creditors.

      4.  Such retained percentage as may be due any contractor is due and payable at the expiration of the 30-day period as provided in NRS 408.363 for filing of creditors’ claims, and this retained percentage is due and payable to the contractor at that time without regard to creditors’ claims filed with the Department.

      5.  The contractor under any contract made or awarded by the Department, including any contract for the construction, improvement, maintenance or repair of any road or highway or the appurtenances thereto, may, from time to time, withdraw the whole or any portion of the sums otherwise due to the contractor under the contract which are retained by the Department, pursuant to the terms of the contract, if the contractor deposits with the Director:

      (a) United States treasury bonds, United States treasury notes, United States treasury certificates of indebtedness or United States treasury bills;

      (b) Bonds or notes of the State of Nevada; or

      (c) General obligation bonds of any political subdivision of the State of Nevada.

Ê Certificates of deposit must be of a market value not exceeding par, at the time of deposit, but at least equal in value to the amount so withdrawn from payments retained under the contract.

      6.  The Director has the power to enter into a contract or agreement with any national bank, state bank, credit union, trust company or safe deposit company located in the State of Nevada, designated by the contractor after notice to the owner and surety, to provide for the custodial care and servicing of any obligations deposited with the Director pursuant to this section. Such services include the safekeeping of the obligations and the rendering of all services required to effectuate the purposes of this section.

      7.  The Director or any national bank, state bank, credit union, trust company or safe deposit company located in the State of Nevada, designated by the contractor to serve as custodian for the obligations pursuant to subsection 6, shall collect all interest or income when due on the obligations so deposited and shall pay them, when and as collected, to the contractor who deposited the obligation. If the deposit is in the form of coupon bonds, the Director shall deliver each coupon as it matures to the contractor.

      8.  Any amount deducted by the State of Nevada, or pursuant to the terms of a contract, from the retained payments otherwise due to the contractor thereunder, must be deducted first from that portion of the retained payments for which no obligation has been substituted, then from the proceeds of any deposited obligation. In the latter case, the contractor is entitled to receive the interest, coupons or income only from those obligations which remain on deposit after that amount has been deducted.

      9.  A contractor shall disburse money paid to the contractor pursuant to this section, including any interest that the contractor receives, to his or her subcontractors and suppliers within 15 days after receipt of the money in the proportion that the value of the work performed by each subcontractor or the materials furnished by each supplier bears to the total amount of the contract between the principal contractor and the Department.

      10.  Money payable to a subcontractor or supplier accrues interest at a rate equal to the lowest daily prime rate at the three largest banks in the United States on the date the subcontract or order for supplies was executed plus 2 percent, from 15 days after the money was received by the principal contractor until the date of payment.

      11.  If a contractor withholds more than 10 percent of a payment required by subsection 9, the subcontractor or supplier may inform the Director in writing of the amount due. The Director shall attempt to resolve the dispute between the contractor and the subcontractor or supplier within 20 working days after the date that the Director receives notice of the amount due. If the dispute is not resolved within 20 working days after the date that the Director receives notice of the amount due, the contractor shall deposit the disputed amount in an escrow account that bears interest. The contractor, subcontractor or supplier may pursue any legal or equitable remedy to resolve the dispute over the amount due. The Director may not be made a party to any legal or equitable action brought by the contractor, subcontractor or supplier.

      12.  If the Director awards to a railroad company a contract for a project for the construction, reconstruction, improvement or maintenance of a highway and the project is located on property that is owned by or under the control of the railroad company, the Director may agree in the contract not to retain any portion of the contract price.

      (Added to NRS by 1957, 686; A 1960, 75; 1963, 976; 1967, 348; 1969, 890; 1971, 864; 1975, 717; 1979, 1774; 1981, 265; 1999, 260, 1492; 2001, 637)

      NRS 408.387  Contract: Publication of notice of final acceptance; final settlement.

      1.  Before making final payment on any contract as provided in this chapter the Director shall cause the publication of a notice of the date of final acceptance of the contract for a period of at least 2 weeks in every issue of a newspaper of general circulation in the county wherein the major portion of the contract work was performed, and such notice may also be published each day for a period of at least 10 days in one or more daily newspapers of general circulation throughout the State.

      2.  No final settlement of the contract may be made with the contractor until 30 days after the date of such final acceptance of the contract.

      (Added to NRS by 1957, 687; A 1963, 977; 1969, 891; 1979, 1776)

Disadvantaged Business Enterprises

      NRS 408.3872  “Disadvantaged business enterprise” defined. [Expires by limitation on the earlier of September 30, 2023, or the date 90 days after the date on which the Director of the Department of Transportation transmits to the Governor and the Director of the Legislative Counsel Bureau the statement and report required by subsection 3 of NRS 408.38726.]  As used in NRS 408.3872 to 408.38728, inclusive, unless the context otherwise requires, “disadvantaged business enterprise” has the meaning ascribed to it in 49 C.F.R. § 26.5.

      (Added to NRS by 2013, 2823)

      NRS 408.38722  Legislative findings and declaration. [Expires by limitation on the earlier of September 30, 2023, or the date 90 days after the date on which the Director of the Department of Transportation transmits to the Governor and the Director of the Legislative Counsel Bureau the statement and report required by subsection 3 of NRS 408.38726.]  The Legislature hereby finds and declares that:

      1.  The State wishes to provide all of its citizens with equal access to opportunities for business formation and business growth.

      2.  The elimination of discrimination against disadvantaged business enterprises is of paramount importance to the future welfare of this State.

      3.  The Legislature has received and carefully reviewed the “Availability and Disparity Study” commissioned by the Department and published on June 15, 2007, that this study provides a strong basis of evidence demonstrating persistent discrimination against businesses owned by women and minorities and that this study demonstrates that:

      (a) Disparities exist in the utilization of businesses owned by women and minorities in the same geographic markets and industry categories in which the Department does business;

      (b) The State would become a passive participant in private-sector racial, ethnic and gender discrimination if it ceased or curtailed its remedial efforts against such discrimination;

      (c) An overall pattern of disparities exists in the utilization of all racial and ethnic groups and both minority and nonminority women combined in all Department contracts;

      (d) Evidence exists that discrimination in the private sector has depressed the formation and growth of firms among minority and nonminority women entrepreneurs; and

      (e) Evidence exists of discrimination against minority and nonminority women business owners in the Nevada marketplace.

      4.  The Department should continue to use race-neutral and gender-neutral efforts to eliminate discrimination to the maximum extent feasible and should use only race-conscious and gender-conscious measures where necessary to eliminate discrimination that was not alleviated by race-neutral and gender-neutral efforts, and only as allowed under federal law.

      5.  NRS 408.3872 to 408.38728, inclusive, continues and enhances efforts to ensure that the Department limits the burden on businesses which are not disadvantaged business enterprises by ensuring flexibility in the operations of the Department.

      6.  Efforts by this State to support the development of businesses owned by women and minorities that are competitively viable will assist in reducing discrimination and creating jobs for all citizens of this State.

      (Added to NRS by 2013, 2823)

      NRS 408.38724  Department to establish goals for awarding contracts; regulations. [Expires by limitation on the earlier of September 30, 2023, or the date 90 days after the date on which the Director of the Department of Transportation transmits to the Governor and the Director of the Legislative Counsel Bureau the statement and report required by subsection 3 of NRS 408.38726.]

      1.  The Department shall establish goals for the awarding of contracts to disadvantaged business enterprises and local emerging small businesses for:

      (a) Highway construction, reconstruction, improvements and maintenance on projects estimated to cost $250,000 or more that do not receive federal funding; and

      (b) Architectural, engineering and planning services.

      2.  The Department shall ensure that the goals established pursuant to subsection 1 are:

      (a) Consistent with the goals required for similar projects that receive federal funding; and

      (b) Based upon information about the relevant market for which the goals are set.

      3.  The Department shall adopt regulations to define the term “local emerging small business” for the purposes of NRS 408.3872 to 408.38728, inclusive. When adopting regulations pursuant to this subsection, the Department shall determine whether other state agencies have adopted related definitions for similar projects and, if so, coordinate with those state agencies in defining the term.

      (Added to NRS by 2013, 2824)

      NRS 408.38726  Duties of Department: Review of information regarding goals; biennial report; discontinuation statement and report. [Expires by limitation on the earlier of September 30, 2023, or the date 90 days after the date on which the Director of the Department of Transportation transmits to the Governor and the Director of the Legislative Counsel Bureau the statement and report required by subsection 3 of NRS 408.38726.]

      1.  The Department shall regularly review information about the goals established pursuant to NRS 408.38724 and the markets for which these goals are set.

      2.  The Department shall prepare a biennial report for the Governor and the Legislature and submit the report on or before December 31 of each even-numbered year. The biennial report must include, without limitation:

      (a) All goals established by the Department pursuant to NRS 408.38724;

      (b) Whether each goal established by the Department has been achieved; and

      (c) For each goal established by the Department that has not been achieved, information on all efforts undertaken by the Department to achieve the goal.

      3.  If the Department determines that the information gathered pursuant to subsection 1 indicates that disparities no longer exist in the awarding of contracts to disadvantaged business enterprises and a discontinuation of the goals required to be established by NRS 408.38724 would be in the best interest of this State, the Director shall transmit to the Governor and the Director of the Legislative Counsel Bureau for transmission to the Legislature a statement of that determination accompanied by a report detailing the findings of the Department which justify that determination.

      (Added to NRS by 2013, 2824)

      NRS 408.38728  Regulations. [Expires by limitation on the earlier of September 30, 2023, or the date 90 days after the date on which the Director of the Department of Transportation transmits to the Governor and the Director of the Legislative Counsel Bureau the statement and report required by subsection 3 of NRS 408.38726.]  The Department shall adopt such regulations as are necessary to carry out the provisions of NRS 408.3872 to 408.38728, inclusive.

      (Added to NRS by 2013, 2824)

Design-Build Contracts

      NRS 408.3875  Definitions.  As used in NRS 408.3875 to 408.3887, inclusive, unless the context otherwise requires, the words and terms defined in NRS 408.3876 to 408.3879, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1999, 3482; A 2001, 2022; 2003, 119)

      NRS 408.3876  “Design-build contract” defined.  “Design-build contract” means a contract between the Department and a design-build team in which the design-build team agrees to design and construct a project.

      (Added to NRS by 1999, 3482; A 2001, 2022; 2003, 119)

      NRS 408.3877  “Design-build team” defined.  “Design-build team” means an entity that consists of:

      1.  At least one person who is licensed as a general engineering contractor or a general building contractor pursuant to chapter 624 of NRS; and

      2.  At least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS or is licensed as a professional engineer pursuant to chapter 625 of NRS.

      (Added to NRS by 1999, 3483; A 2001, 2022; 2003, 119)

      NRS 408.3878  “Prime contractor” defined.  “Prime contractor” means a person who:

      1.  Contracts to construct an entire project;

      2.  Coordinates all work performed on the entire project;

      3.  Uses his or her own workforce to perform all or a part of the construction of the project; and

      4.  Contracts for the services of any subcontractor or independent contractor or is responsible for payment to any contracted subcontractors or independent contractors.

      (Added to NRS by 1999, 3483; A 2001, 2022; 2003, 119)

      NRS 408.3879  “Project” defined.  “Project” means a project for the construction, reconstruction or improvement of a highway.

      (Added to NRS by 1999, 3483; A 2001, 2022; 2003, 119)

      NRS 408.388  Projects for which Department may contract with design-build team.

      1.  Except as otherwise provided in NRS 408.5471 to 408.549, inclusive, the Department may contract with a design-build team for the design and construction of a project if the Department determines that:

      (a) Except as otherwise provided in subsection 2, the estimated cost of the project exceeds $10,000,000; and

      (b) Contracting with a design-build team will enable the Department to:

             (1) Design and construct the project at a cost that is significantly lower than the cost that the Department would incur to design and construct the project using a different method;

             (2) Design and construct the project in a shorter time than would be required to complete the project using a different method, if exigent circumstances require that the project be designed and constructed within a short time; or

             (3) Ensure that the design and construction of the project is properly coordinated, if the project is unique, highly technical and complex in nature.

      2.  Notwithstanding the provisions of subsection 1, the Department may, twice in each fiscal year, contract with a design-build team for the design and construction of a project the estimated cost of which is at least $5,000,000 but less than $10,000,000 if the Department makes the determinations otherwise required pursuant to paragraph (b) of subsection 1.

      (Added to NRS by 1999, 3483; A 2001, 2022; 2003, 119, 2031; 2011, 1665)

      NRS 408.3881  Public meeting; notice.

      1.  The Department shall not contract with a design-build team with respect to a project unless the Board makes the determinations, at a public meeting, that are required pursuant to NRS 408.388.

      2.  If the Department is required to hold a public meeting pursuant to this section, the Department shall publish notice of the meeting in a newspaper of general circulation in this state.

      (Added to NRS by 1999, 3483; A 2001, 2018, 2022; 2003, 119)

      NRS 408.3882  Procedure for selecting design-build team.  If the Department desires to contract with a design-build team pursuant to NRS 408.388 and 408.3881, the Department must select the design-build team in accordance with NRS 408.3883 to 408.3886, inclusive.

      (Added to NRS by 1999, 3484; A 2001, 2022; 2003, 119)

      NRS 408.3883  Request for preliminary proposals: Advertisement by Department; publication; information available for inspection by design-build teams.

      1.  The Department shall advertise for preliminary proposals for the design and construction of a project by a design-build team in a newspaper of general circulation in this State.

      2.  A request for preliminary proposals published pursuant to subsection 1 must include, without limitation:

      (a) A description of the proposed project;

      (b) Separate estimates of the costs of designing and constructing the project;

      (c) The dates on which it is anticipated that the separate phases of the design and construction of the project will begin and end;

      (d) The date by which preliminary proposals must be submitted to the Department, which must not be less than 30 days after the date that the request for preliminary proposals is first published in a newspaper pursuant to subsection 1; and

      (e) A statement setting forth the place and time in which a design-build team desiring to submit a proposal for the project may obtain the information necessary to submit a proposal, including, without limitation, the information set forth in subsection 3.

      3.  The Department shall maintain at the time and place set forth in the request for preliminary proposals the following information for inspection by a design-build team desiring to submit a proposal for the project:

      (a) The extent to which designs must be completed for both preliminary and final proposals and any other requirements for the design and construction of the project that the Department determines to be necessary;

      (b) A list of the requirements set forth in NRS 408.3884;

      (c) A list of the factors that the Department will use to evaluate design-build teams who submit a proposal for the project, including, without limitation:

             (1) The relative weight to be assigned to each factor pursuant to NRS 408.3886; and

             (2) A disclosure of whether the factors that are not related to cost are, when considered as a group, more or less important in the process of evaluation than the factor of cost;

      (d) Notice that a design-build team desiring to submit a proposal for the project must include with its proposal the information used by the Department to determine finalists among the design-build teams submitting proposals pursuant to subsection 2 of NRS 408.3885 and a description of that information;

      (e) A statement that a design-build team whose prime contractor holds a certificate of eligibility to receive a preference in bidding on public works issued pursuant to NRS 338.1389 or 338.147 and whose members who hold a certificate of registration to practice architecture or a license as a professional engineer and who hold a certificate of eligibility to receive a preference when competing for public works issued pursuant to NRS 338.173 should submit with its proposal a copy of each certificate of eligibility and a signed affidavit that meets the requirements of subsection 1 of NRS 338.0117; and

      (f) A statement as to whether a design-build team that is selected as a finalist pursuant to NRS 408.3885 but is not awarded the design-build contract pursuant to NRS 408.3886 will be partially reimbursed for the cost of preparing a final proposal or best and final offer, or both, and, if so, an estimate of the amount of the partial reimbursement.

      (Added to NRS by 1999, 3484; A 2001, 252, 2019, 2022; 2003, 119, 2522; 2011, 53, 3704)

      NRS 408.3884  Qualifications of design-build team.  To qualify to participate in the design and construction of a project for the Department, a design-build team must:

      1.  Except as otherwise provided in NRS 408.354, obtain a performance bond and payment bond as the Department may require;

      2.  Obtain insurance covering general liability and liability for errors and omissions;

      3.  Not have been found liable for breach of contract with respect to a previous project, other than a breach for legitimate cause;

      4.  Not have been disqualified from being awarded a contract pursuant to NRS 338.017, 338.13895, 338.1475 or 408.333; and

      5.  Ensure that the members of the design-build team possess the licenses and certificates required to carry out the functions of their respective professions within this state.

      (Added to NRS by 1999, 3485; A 2001, 252, 639, 2022; 2003, 119)

      NRS 408.3885  Procedure for selecting finalists from among design-build teams that submitted preliminary proposals.

      1.  The Department shall select at least three but not more than five finalists from among the design-build teams that submitted preliminary proposals. If the Department does not receive at least three preliminary proposals from design-build teams that the Department determines to be qualified pursuant to this section and NRS 408.3884, the Department may not contract with a design-build team for the design and construction of the project.

      2.  The Department shall select finalists pursuant to subsection 1 by:

      (a) Verifying that each design-build team which submitted a preliminary proposal satisfies the requirements of NRS 408.3884;

      (b) Conducting an evaluation of the qualifications of each design-build team that submitted a preliminary proposal, including, without limitation, an evaluation of:

             (1) The professional qualifications and experience of the members of the design-build team;

             (2) The performance history of the members of the design-build team concerning other recent, similar projects completed by those members, if any;

             (3) The safety programs established and the safety records accumulated by the members of the design-build team;

             (4) The proposed plan of the design-build team to manage the design and construction of the project that sets forth in detail the ability of the design-build team to design and construct the project; and

             (5) The degree to which the preliminary proposal is responsive to the requirements of the Department for the submittal of a preliminary proposal; and

      (c) Except as otherwise provided in this paragraph, assigning, without limitation, a relative weight of 5 percent to the possession of both a certificate of eligibility to receive a preference in bidding on public works by the prime contractor on the design-build team and a certificate of eligibility to receive a preference when competing for public works by all persons who hold a certificate of registration to practice architecture or a license as a professional engineer on the design-build team. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of this paragraph relating to a preference in bidding on public works or a preference when competing for public works, those provisions of this paragraph do not apply insofar as their application would preclude or reduce federal assistance for that public work.

      3.  After the selection of finalists pursuant to this section, the Department shall make available to the public the results of the evaluations of preliminary proposals conducted pursuant to paragraph (b) of subsection 2 and identify which of the finalists, if any, received an assignment of 5 percent pursuant to paragraph (c) of subsection 2.

      (Added to NRS by 1999, 3485; A 2001, 2020, 2022; 2003, 119; 2011, 3705)

      NRS 408.3886  Requests for final proposals and best and final offers: Selection or rejection of proposal or offer; contents of contract between Department and design-build team; duties of design-build team.

      1.  After selecting the finalists pursuant to NRS 408.3885, the Department shall provide to each finalist a request for final proposals for the project. The request for final proposals must:

      (a) Set forth the factors that the Department will use to select a design-build team to design and construct the project, including the relative weight to be assigned to each factor; and

      (b) Set forth the date by which final proposals must be submitted to the Department.

      2.  Except as otherwise provided in this subsection, in assigning the relative weight to each factor for selecting a design-build team pursuant to subsection 1, the Department shall assign, without limitation, a relative weight of 5 percent to the design-build team’s possession of both a certificate of eligibility to receive a preference in bidding on public works by the prime contractor on the design-build team, if the design-build team submits a signed affidavit that meets the requirements of subsection 1 of NRS 338.0117, and a certificate of eligibility to receive a preference when competing for public works by all persons who hold a certificate of registration to practice architecture or a license as a professional engineer on the design-build team, and a relative weight of at least 30 percent for the proposed cost of design and construction of the project. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular project because of the provisions of this subsection relating to a preference in bidding on public works or a preference when competing for public works, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that project.

      3.  A final proposal submitted by a design-build team pursuant to this section must be prepared thoroughly, be responsive to the criteria that the Department will use to select a design-build team to design and construct the project described in subsection 1 and comply with the provisions of NRS 338.141.

      4.  After receiving the final proposals for the project, the Department shall:

      (a) Select the most cost-effective and responsive final proposal, using the criteria set forth pursuant to subsections 1 and 2;

      (b) Reject all the final proposals; or

      (c) Request best and final offers from all finalists in accordance with subsection 5.

      5.  If the Department determines that no final proposal received is cost-effective or responsive and the Department further determines that requesting best and final offers pursuant to this subsection will likely result in the submission of a satisfactory offer, the Department may prepare and provide to each finalist a request for best and final offers for the project. In conjunction with preparing a request for best and final offers pursuant to this subsection, the Department may alter the scope of the project, revise the estimates of the costs of designing and constructing the project, and revise the selection factors and relative weights described in paragraph (a) of subsection 1. A request for best and final offers prepared pursuant to this subsection must set forth the date by which best and final offers must be submitted to the Department. After receiving the best and final offers, the Department shall:

      (a) Select the most cost-effective and responsive best and final offer, using the criteria set forth in the request for best and final offers; or

      (b) Reject all the best and final offers.

      6.  If the Department selects a final proposal pursuant to paragraph (a) of subsection 4 or selects a best and final offer pursuant to paragraph (a) of subsection 5, the Department shall hold a public meeting to:

      (a) Review and ratify the selection.

      (b) Partially reimburse the unsuccessful finalists if partial reimbursement was provided for in the request for preliminary proposals pursuant to paragraph (f) of subsection 3 of NRS 408.3883. The amount of reimbursement must not exceed, for each unsuccessful finalist, 3 percent of the total amount to be paid to the design-build team as set forth in the design-build contract.

      (c) Make available to the public a summary setting forth the factors used by the Department to select the successful design-build team and the ranking of the design-build teams who submitted final proposals and, if applicable, best and final offers. The Department shall not release to a third party, or otherwise make public, financial or proprietary information submitted by a design-build team.

      7.  A contract awarded pursuant to this section:

      (a) Must comply with the provisions of NRS 338.020 to 338.090, inclusive; and

      (b) Must specify:

             (1) An amount that is the maximum amount that the Department will pay for the performance of all the work required by the contract, excluding any amount related to costs that may be incurred as a result of unexpected conditions or occurrences as authorized by the contract;

             (2) An amount that is the maximum amount that the Department will pay for the performance of the professional services required by the contract; and

             (3) A date by which performance of the work required by the contract must be completed.

      8.  A design-build team to whom a contract is awarded pursuant to this section shall:

      (a) Assume overall responsibility for ensuring that the design and construction of the project is completed in a satisfactory manner; and

      (b) Use the workforce of the prime contractor on the design-build team to construct at least 15 percent of the project.

      (Added to NRS by 1999, 3485; A 2001, 252, 2020, 2022; 2003, 119, 2032, 2523; 2011, 54, 3706)

      NRS 408.3887  Employment of architect or engineer as consultant during construction.  The Department may employ a registered architect or licensed professional engineer as a consultant to assist the Department in overseeing the construction of a project. An architect or engineer so employed shall not:

      1.  Construct, reconstruct or improve the highway; or

      2.  Assume overall responsibility for ensuring that the construction of the project is completed in a satisfactory manner.

      (Added to NRS by 1999, 3487; A 2001, 2022; 2003, 119)

Miscellaneous Provisions

      NRS 408.389  Approval of Board of Directors required for purchase of certain equipment; analysis of costs and benefits of purchase and alternatives.

      1.  Except as otherwise provided in subsection 2, the Department shall not purchase any equipment which exceeds $50,000, unless the purchase is first approved by the Board.

      2.  Before the Board may approve the purchase of any mobile equipment which exceeds $50,000, the Department shall:

      (a) Prepare and present to the Board an analysis of the costs and benefits, including, without limitation, all related personnel costs, that are associated with:

             (1) Purchasing, operating and maintaining the same item of equipment;

             (2) Leasing, operating and maintaining the same item of mobile equipment; or

             (3) Contracting for the performance of the work which would have been performed using the mobile equipment; and

      (b) Justify the need for the purchase based on that analysis.

      3.  The Board shall not:

      (a) Delegate to the Director its authority to approve purchases of equipment pursuant to subsection 1; or

      (b) Approve any purchase of mobile equipment which exceeds $50,000 and for which the Department is unable to provide justification pursuant to subsection 2.

      (Added to NRS by 1991, 1904; A 1993, 1366; 2011, 1628)

      NRS 408.393  Enforcement of laws concerning labor; charges for transportation and meals; penalty; exception.

      1.  The Department shall:

      (a) Cooperate with the Labor Commissioner in the enforcement of the state labor laws insofar as the labor laws relate to labor performed in construction, maintenance and repair of highways under the jurisdiction of the Department.

      (b) Require that any work done, either by contract or day’s pay, must be paid for at the legal wage as fixed by law.

      2.  A contractor shall not charge persons seeking employment for transportation or fares in case of their being refused employment or in case of being discharged from employment, such transportation or fares applying to their return to the nearest city or town.

      3.  A contractor for any improvements on highways furnishing board for his or her employees shall not charge more than $3.50 per day for three substantial meals.

      4.  If any contractor violates any of the provisions of this section three times in any 1 year, the Department shall refuse the contractor the right to bid on any contract for 1 year, or participate in any contract as subcontractor or in any manner whatever during the period.

      5.  The Department and the Labor Commissioner shall enforce the provisions of this section.

      6.  This section does not apply to work done directly by any public utility pursuant to an order of the Department or other public authority, whether or not done under public supervision or direction, or paid for wholly or in part out of public money.

      (Added to NRS by 1957, 687; A 1987, 1808)

      NRS 408.397  Procedure for diversion or change of route of highway.  Whenever in the construction, reconstruction, maintenance or repair of any highway it appears to the Director that any portion of the highway is dangerous or inconvenient to the traveling public in its existing location by reason of grades, dangerous turns or other local conditions, or that the expense in the constructing, building, rebuilding, maintaining or repairing of the highway would be unreasonably great and could be materially reduced or lessened by change of route, the Director may divert or change the route, but:

      1.  The highway must not be changed or diverted to exclude any city or town unless the consent of the governing body of that city or town has been obtained; and

      2.  The Director shall submit a plan of the proposed change to the Board which must be approved by the Board before action is taken to effect the change.

      (Added to NRS by 1957, 688; A 1977, 225; 1979, 1776; 1987, 1808; 1989, 1305)

      NRS 408.403  Freeways.

      1.  Upon a resolution of the Board, the Department under the provisions of this chapter may lay out, establish, acquire, open, construct, reconstruct, improve, maintain, repair, regulate, vacate or abandon freeways, with the approval of the board of county commissioners of the county in which the freeways are proposed and with the approval of the city council of any incorporated city directly affected thereby.

      2.  The Department has all such additional and necessary authority relative to freeways as it possesses relative to other highways, including the authority to acquire by gift, purchase, condemnation or otherwise any real property or interests therein, including abutter’s rights or access rights required for a freeway.

      3.  Where an existing highway, in whole or in part, has been designated as, or included within, a freeway, existing abutter’s rights of light, view and air, and easements of access to and from abutting land may be extinguished by gift, purchase, condemnation or otherwise.

      4.  As a necessary adjunct of any freeway, the Department may lay out, establish, acquire, open, construct, reconstruct, improve, maintain, repair, vacate or abandon frontage roads to provide service and access from areas adjacent to such freeway.

      (Added to NRS by 1957, 688; A 1987, 1808; 1989, 1305)

      NRS 408.407  Reimbursement of utility by State for relocation of facility located on or near certain highways.

      1.  For the purposes of this section:

      (a) “Cost of relocation” means the entire amount paid by a utility properly attributable to the relocation of its facilities, including removal, reconstruction and replacement after deducting therefrom any increase in value of the new facility and any salvage value derived from the old facility, and includes the costs of all rights and interests necessary in land and the costs of any other rights required to accomplish such relocation.

      (b) “Utility” means any privately, publicly or cooperatively owned systems for supplying telephone, electric power and light, gas, water, sewer and like service to the public or a segment of the public.

      2.  Whenever the Director, after consulting with the utility concerned, determines that any utility facility which now is, or hereafter may be, located in, over, along or under any highway in the federal-aid primary or secondary systems or in the interstate system, including extensions thereof within urban areas, as such systems are defined in the Federal-Aid Highway Acts and are accepted by and assented to by the State of Nevada, should be relocated, the utility owning or operating such utility facility shall relocate the same in accordance with the order of the Director. The cost of any such relocation shall be ascertained and paid by the State as part of the cost of such federally aided project, provided the proportionate part of such cost is reimbursable from federal funds under a Federal-Aid Highway Act or any other Act of Congress under which the State is entitled to reimbursement for all or part of such cost.

      3.  This section does not apply where a payment of relocation or removal costs by the State would be inconsistent with the terms of a permit issued by the Director pursuant to NRS 408.423.

      (Added to NRS by 1963, 267; A 1979, 1776; 2013, 1959)

      NRS 408.413  Improvement of state highway Route No. 81.  The Department may pave and improve state highway Route No. 81, beginning on Route No. 34 at Gerlach, thence northwesterly through Squaw Valley and Duck Flat to the Nevada-California boundary at the southerly end of Surprise Valley, a distance of approximately 56 miles. The board of county commissioners, the Department and the Federal Highway Administration shall take such action as may be necessary to permit the use of the force account method of using federal aid highway funds by using county forces and county equipment to fulfill the requirement of matching such federal aid highway funds as may be available.

      (Added to NRS by 1957, 688; A 1987, 717)

      NRS 408.417  Guideposts, signs and markers: Erection; metric units; penalty for destruction; liability for costs of repair and replacement.

      1.  As a part of every plan and of all specifications and contracts for the construction of highways, provisions must be made for the erection of permanent guideposts and signboards at every point where another road crosses or diverges from such highways and at all places requiring warning to the traveling public as to the condition of the road, such as dangerous turns and steep grades. Such guideposts and signboards must contain plain and accurate information as to the distances of towns and other points such as is usually contained on signboards for the information of the traveling public.

      2.  The Department shall:

      (a) Cause to be put up, and to be kept up thereafter, on and along the highways, all such usual and necessary road markers and highway signs adopted by the American Association of State Highway and Transportation Officials.

      (b) Cause to be put up, and to be kept up thereafter, informative signs, distinctive in color and design, pointing out, calling attention to and descriptive of nearby points, location of and distance to water, and objects of natural, scenic, geographical, geological, paleographical and historical interest to the traveler within or passing through the State.

      (c) Cause to be put up, and to be kept up thereafter, informative signs which indicate scenic routes.

      3.  Every guidepost, signboard, road marker, highway sign, informative sign and descriptive sign put up by the Department pursuant to this section must contain measurements based on metric units if:

      (a) The Federal Highway Administration of the United States Department of Transportation issues specifications for utilizing measurements based on metric units; and

      (b) Money is made available for this purpose by the Federal Government.

      4.  Any person who willfully tears down, digs up, or in any manner defaces, destroys or carries away any such guideboards, road markers, highway signs or descriptive signs as provided in this section is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the markers or signs destroyed, damaged, removed or defaced and in no event less than a misdemeanor. The Department has a cause of action against such a person in a court of competent jurisdiction for the amount expended for repairs and replacement of such signs and markers, together with the cost and expenses incurred in the action.

      (Added to NRS by 1957, 689; A 1967, 573; 1977, 409; 1983, 533)

      NRS 408.423  Permit required to excavate state highway; exception; fee.

      1.  No state highway or right-of-way may be disturbed, dug up, crossed, encroached upon or otherwise used for the laying or re-laying of pipelines, ditches, flumes, sewers, poles, wires, approach roads, driveways, railways or for any other purpose, without the written permit of the Director, and then only in accordance with the conditions and regulations prescribed by the Director. All such work must be done under the supervision and to the satisfaction of the Director. All costs of replacing the highway in as good condition as previous to its being disturbed must be paid by the persons to whom or on whose behalf such permit was given or by the person by whom the work was done.

      2.  In case of immediate necessity therefor, a city or town may dig up a state highway without a permit from the Director, but in such cases the Director must be first notified and the highway must be replaced forthwith in as good condition as before at the expense of such city or town.

      3.  The Department shall charge each applicant a reasonable fee for all administrative costs incurred by the Department in acting upon an application for a permit, including costs for the preparation and inspection of a proposed encroachment.

      (Added to NRS by 1957, 689; A 1979, 1777; 1981, 707)

      NRS 408.427  Unauthorized crossing, removal or destruction of control-of-access fence or barrier on highway: Injunction; recovery of expenses of restoration.  Whenever any person cuts, removes, destroys, crosses or otherwise penetrates a control-of-access fence or barrier maintained by the Department on an interstate or other highway, to which the State has acquired the abutters’ easements of access to and from the abutting land, the Department may petition the district court of the county where such highway is located for an order permanently enjoining such person from further penetration of the control of access, and if the court finds, upon taking proof by affidavit or otherwise, that the State has acquired the abutters’ rights of access, it shall enjoin such person from further violation of such control-of-access fence or barrier and shall provide in its order that the Department may recover from such person a sum treble the actual expense incurred by the Department in restoring the control-of-access fence or barrier.

      (Added to NRS by 1969, 461)

      NRS 408.433  Roadside parks and rest areas: Unlawful acts; penalties.

      1.  Except as otherwise provided in NRS 408.553, it is unlawful for any person, firm, corporation, association or other entity, other than a public utility, to:

      (a) Sell, exhibit or offer for sale any goods, wares, products, merchandise or services; or

      (b) Erect, place, post or maintain any sign, billboard, placard, notice or other form of advertising,

Ê in any roadside park or safety rest area in this state, or in the approaches thereto.

      2.  Any person who violates any provision of this section or any regulation adopted under this chapter governing roadside parks or safety rest areas shall be punished by a fine of not more than $1,000 for a first offense and not more than $5,000 for each subsequent offense.

      (Added to NRS by 1979, 207; A 2013, 3378)

ACQUISITION AND DISPOSAL OF PROPERTY FOR HIGHWAYS

      NRS 408.487  Acquisition of property: Purposes.

      1.  In all cases of highways constructed, reconstructed or improved under the provisions of this chapter which are located or relocated over privately owned property the Department may acquire, in the name of the State, either in fee or in any lesser estate or interest, any real property or interest therein and any personal property which it considers necessary.

      2.  The property which may be acquired for those purposes includes, but is not limited to, real property, interests therein, improvements located thereon and personal property for any of the following purposes:

      (a) For rights-of-way for both present and future needs for highways of all types, including highways constructed within towns and cities.

      (b) For exchanging the property or interests therein for other property or interests therein required for highway purposes to avoid the payment of excessive compensation or damages.

      (c) For sites on which to relocate structures which are within the right-of-way of a projected highway.

      (d) For sites for storage, communications and maintenance and for administrative, recreational and historical purposes and necessary appurtenances in connection with those sites.

      (e) For extraction of material, including rock quarries, gravel pits, sand or earth borrow pits, or other roadway material; also to obtain water from any source for any purpose which may be necessary for the construction and maintenance of the highways and their appurtenances.

      (f) For the culture and support of trees and other flora which will benefit the highways in any way, including the increasing of the scenic beauty of the highways.

      (g) For drainage in connection with any highway.

      (h) For the maintenance of an unobstructed view of any portion of a highway so as to promote the safety of the traveling public.

      (i) For the placement of directional signs and other signs, construction of fences, curbs, barriers, and obstructions as may be necessary for the safety and convenience of the traveling public.

      (j) For constructing and maintaining highway cut and fill slopes.

      (k) For public parks, playgrounds, recreational grounds and sites adjoining highway or freeway rights-of-way; acquisition of sites to replace housing; and acquisition and rehabilitation, relocation and construction of housing to replace other housing acquired.

      (Added to NRS by 1957, 690; A 1963, 977; 1965, 1000; 1971, 186; 1985, 705)

      NRS 408.489  Acquisition of property: Manner; costs.

      1.  The property and interests therein must be acquired by the Department in the name of and in behalf of the State, either by donation, dedication, agreement, exchange, lease, option, purchase or through the exercise of the power of eminent domain.

      2.  The Department may exercise the power of eminent domain to acquire a fee in any property in which it has already acquired a lesser estate or interest.

      3.  Proceedings in eminent domain for the acquisition of property or any interest therein for the highway purposes set forth in NRS 408.487 must be had pursuant to the provisions of chapter 37 of NRS, except as otherwise prescribed by this chapter.

      4.  The entire cost of acquiring the property and interests therein, except as otherwise provided in this chapter, must be paid out of the State Highway Fund.

      5.  Whenever a part of a parcel of real property, an interest therein or an improvement thereon is to be acquired under the provisions of this chapter and the remainder is proposed to be left in such irregular shape, uneconomical size, utility or condition as to be of little value or to give rise to claims or litigation concerning damages, the Department may acquire by the methods provided in subsection 1 the whole parcel and may:

      (a) Dispose of the remainder pursuant to NRS 408.533;

      (b) Exchange it for other property or interests therein required for highway purposes; or

      (c) Use it for any purpose enumerated in subsection 2 of NRS 408.487.

      (Added to NRS by 1985, 703)

      NRS 408.493  Acquisition of property: Survey and location of right-of-way; judicial order permitting entry for examination and appraisal.

      1.  Whenever land is required for highway purposes, the Department shall survey and locate the right-of-way in a manner most compatible with the greatest public good and the least private injury. The Department’s employees, agents or representatives may, with the consent of the owner, enter upon the land and make examinations, surveys and maps thereof, including soil investigation and test borings and appraisal and valuation of the land and improvements thereon.

      2.  Whenever the owner or occupant of such land refuses or fails to permit entry thereon for such examination, survey, investigation or appraisal, the Department may petition the district court of the county in which such land is situated for an order permitting the Department to enter and undertake such examination, survey, investigation or appraisal, and the court, if it ascertains, by affidavit or otherwise, that the Department in good faith desires to enter the land for such purpose shall grant its order permitting such entry, conditioned upon the examination being made at reasonable times and in such manner as to cause the least inconvenience to the owner or occupant, and such entry shall not constitute any cause of action in favor of the owner or occupant of the land, except for actual damages sustained to such land or improvements thereon.

      (Added to NRS by 1965, 998)

      NRS 408.497  Construction, alteration or improvement of highway: Claim for damage to land or interests; proceeding in inverse condemnation.

      1.  Any person asserting any claim for compensation or damage for injury to land or interests therein arising from the construction, alteration or improvement of any highway constructed, altered or improved under the provisions of this chapter shall first, as a condition precedent to the action authorized by subsection 2 and not later than 2 years after final acceptance of the contract by the Department as defined in NRS 408.387, file such claim with the Department, verified under oath and containing all particulars regarding such claim. Such claim must be promptly investigated by the Director, who shall recommend its disposition to the Board, and if such claim or any portion thereof is approved by the Board it must be paid upon obtaining a written release of the entire claim, out of the State Highway Fund. The claimant must be given written notice by registered mail of the Board’s decision.

      2.  Any claimant aggrieved by the Board’s decision on such claim may commence, in the district court for the county in which the land is situated, within 6 months after receipt of notice of the decision on such claim, a proceeding in inverse condemnation against the Department seeking just compensation for an alleged taking or damaging of private property for highway purposes, and if such proceeding is not so commenced within such time it is forever barred.

      (Added to NRS by 1957, 691; A 1965, 1002; 1979, 1779; 1987, 1810; 1989, 1306)

      NRS 408.503  Eminent domain: Resolution by Board; precedence over other legal actions.

      1.  The Department shall not commence any legal action in eminent domain until the Board adopts a resolution declaring that the public interest and necessity require the acquisition, construction, reconstruction, improvement or completion by the State, acting through the Department, of the highway improvement for which the real property, interests therein or improvements thereon are required, and that the real property, interests therein or improvements thereon described in the resolution are necessary for such improvement.

      2.  The resolution of the Board is conclusive evidence:

      (a) Of the public necessity of such proposed public improvement.

      (b) That such real property, interests therein or improvements thereon are necessary therefor.

      (c) That such proposed public improvement is planned or located in a manner that will be most compatible with the greatest public good and the least private injury.

      3.  All legal actions in all courts brought under the provisions of this chapter to enforce the right of eminent domain take precedence over all other causes and actions not involving the public interest, to the end that all such actions, hearings and trials thereon must be quickly heard and determined.

      (Added to NRS by 1957, 691; A 1960, 392; 1987, 1810; 1989, 1306)

      NRS 408.507  Lease or rental of property.

      1.  Real property held in fee or improvements on the property acquired by the Department in advance of the actual construction, reconstruction or improvement of highways or in order to avoid the payment of excessive damages, or held by the Department pending a determination in the future on its use or disposal may be leased or rented by the Department for fair market value in such manner and for such periods as are determined by the Director to be in the best interests of the State.

      2.  The Director may lease for fair market value space above and below the established grade line of the highway to state and public agencies and private persons in such manner and for such periods as the Director determines are in the best interest of the State, if:

      (a) The full use and safety of the highway will not be impaired;

      (b) Vehicular or pedestrian access to that space will not be required or permitted from the established grade line; and

      (c) The free flow of traffic on the highway is not interfered with in any way.

      3.  All leases of an interest in real property entered into by the Department before April 1, 1985, are hereby ratified. All other leases entered into pursuant to subsection 2 must be approved by the Board subject to the provisions of subsection 4.

      4.  If the Department receives a proposal to negotiate a lease pursuant to subsection 2, it shall publish a notice in a newspaper of general circulation at least once a week for 2 weeks, stating that it has received the proposal and that it will receive other proposals for use of the space for 60 days after the completion of the publication. A copy of the notice must be mailed to each local governmental unit in the affected area. If the property is leased, it must be to the highest bidder for the space. The requirements for publication and notice do not apply if the proposal was received from an owner who controls the property on both sides of the highway.

      5.  All money received for leases and rentals must be deposited with the State Treasurer to be credited to the State Highway Fund.

      (Added to NRS by 1957, 692; A 1971, 1330; 1979, 1780; 1983, 416; 1985, 706; 1987, 1810; 1989, 1307)

      NRS 408.513  Acquisition of property by towns and cities; costs; transfer of interest to State.

      1.  When highways are constructed, reconstructed or improved in accordance with this chapter through towns and through cities, the Department may require such towns and cities to acquire, through their governing bodies, and such towns and cities shall acquire in the name of the State, such real property, interests therein or improvements thereon for such highways as are determined to be necessary by the Department in the same manner as if the property were being acquired by the State.

      2.  The cost of acquisition may be shared by such town or city and the Department or may be paid for wholly by such town or city in accordance with agreements which shall first be entered into between the governing body of such city or town and the Department.

      3.  With respect to real property, interests therein or improvements thereon held in the name of towns and cities, the local governing body may, by conveyance in the nature of quitclaim, transfer such interest to the State in accordance with the agreements which shall first be entered into between such governing bodies and the Department.

      (Added to NRS by 1957, 692; A 1975, 665)

      NRS 408.517  Acquisition of property by counties; costs; transfer of interest to State.

      1.  When highways are constructed, reconstructed or improved by the State in accordance with this chapter outside of the limits of any unincorporated town or incorporated city, the Department may require the boards of county commissioners of the counties in which the highways are located to acquire, and such boards shall acquire in the name of the State, such real property, interests therein or improvements thereon for such highways as are determined to be necessary by the Department in the same manner as if the property were being acquired by the State.

      2.  The cost of acquisition may be shared by such counties and the Department or may be paid for wholly by such counties in accordance with agreements which shall first be entered into between the boards of county commissioners of the counties in which the highways are located and the Department.

      3.  With respect to real property, interests therein or improvements thereon held in the name of counties, the boards of county commissioners may, by conveyance in the nature of quitclaim, transfer such interest to the State in accordance with agreements which shall first be entered into between such boards and the Department.

      (Added to NRS by 1957, 692; A 1975, 666)

      NRS 408.523  Summary vacation and abandonment of portion of state highway superseded by relocation or in excess of needs; resolution of Board; recordation.

      1.  The Board may retain or may summarily vacate and abandon any portion of a state highway if that portion has been superseded by relocation or has been determined to be in excess of the needs of the Department.

      2.  The Board shall act to abandon any easement, or to vacate any highway, by resolution. A certified copy of the resolution may be recorded without acknowledgment, certificate of acknowledgment, or further proof, in the office of the county recorder of each county wherein any portion of the easement to be abandoned, or the highway to be vacated, lies. No fee may be charged for such recordation. Upon recordation, the abandonment or vacation is complete.

      3.  When a highway for which the State holds only an easement is abandoned, or when any other easement is abandoned, the property previously subject thereto is free from the public easement for highway purposes. Where the State owns in fee the property on which the vacated highway was located, the Department shall dispose of that property as provided in NRS 408.533.

      4.  In any proceeding for the abandonment or vacation of any state highway or part thereof, the Board may reserve and except therefrom any easements, rights or interests in the highway deemed desirable and in the best interests of the State.

      (Added to NRS by 1960, 68; A 1981, 707; 1987, 1811; 1989, 1307)

      NRS 408.527  Procedure for relinquishment of roadways; regulations.

      1.  Whenever the Department and the county or city concerned have entered into a written agreement providing therefor, and the legislative body of the county or city has adopted a resolution consenting thereto, the Board may relinquish to the county or city:

      (a) Any portion of any state highway which has been deleted from the state highway system by legislative enactment; or

      (b) Any portion of any state highway which has been superseded by relocation or which the Department determines exceeds its needs.

      2.  Whenever the county or city concerned and the Department have entered into a written agreement providing therefor, and the Board has adopted a resolution consenting thereto, the county or city may relinquish to the Department any portion of any county or city road which the Department agrees qualifies to join the state highway system.

      3.  By resolution of the Board, the Department may upon request relinquish to the Division of State Lands of the State Department of Conservation and Natural Resources for the public use of another state agency any portion of any state highway which has been superseded by relocation or which the Department determines exceeds its needs.

      4.  Relinquishment must be made by a resolution. A certified copy of the resolution must be filed with the legislative body of the county or city concerned. The resolution must be recorded in the office of the county recorder of the county where the land is located and, upon recordation, all right, title and interest of the State in and to that portion of any state highway vests in the county, city or division, as the case may be.

      5.  Nothing in NRS 408.523 limits the power of the Board to relinquish abandoned or vacated portions of a state highway to a county, city or the Division.

      6.  If the Board relinquishes property pursuant to subsection 5, and the purpose for which the property was relinquished is abandoned or ceases to exist, then, absent an agreement or a provision of law to the contrary, and regardless of the interest of the Department in the property before it was relinquished, all right, title and interest in the property shall vest in the county, city or Division without reversion to the Department.

      7.  The Board may accept from a county or city any portion of any county or city road which has changed in function such that it has risen to the level of functioning as a state highway. Such a road may be traded for any portion of any state highway relinquished by the Department or accepted by the Department after equitable compensation or trade values have been negotiated and agreed to in writing.

      8.  A county or city may accept from the Department any portion of any state highway which no longer functions to support the state highway system and which exceeds the needs of the Department. Such a highway may be traded for any portion of any county or city road relinquished by the county or city or accepted by the county or city after equitable compensation or trade values have been negotiated and agreed to in writing.

      9.  Any portion of a state highway or county or city road that is relinquished or traded pursuant to this section must be placed in good repair, or the parties must establish and agree in writing to equitable monetary compensation. If any highways or roads, or portions thereof, to be relinquished or traded are not of comparable value, the parties must negotiate and agree in writing to equitable monetary compensation or equitable trade considerations.

      10.  The Department, in cooperation with local governments, shall adopt regulations governing procedural documents that address the process by which highways and roads are relinquished.

      11.  The vesting of all right, title and interest of the Department in and to portions of any state highways relinquished previously by the Department in the city, county or state agency to which it was relinquished is hereby confirmed.

      (Added to NRS by 1960, 68; A 1983, 338; 1987, 1102, 1812; 1989, 1308; 1991, 1173; 2013, 1844)

      NRS 408.533  Disposal of property.

      1.  Except as otherwise provided in NRS 37.270, all real property, interests therein or improvements thereon and personal property acquired before, on or after April 1, 1957, in accordance with the provisions of NRS 408.487 and 408.489 must, after approval by the Board and if no longer needed for highway purposes, be disposed of by the Director in accordance with the provisions of subsection 2, except that:

      (a) When the property was originally donated to the State, no charge may be made if it is returned to the original owner or to the holder of the reversionary right.

      (b) When the property has been wholly or partially paid for by towns, cities or counties, disposal of the property and of money received therefor must be agreed upon by the governing bodies of the towns, cities and counties and the Department.

      (c) When the title to the real property has been acquired in fee pursuant to NRS 408.487 and 408.489 and, in the opinion of the Board, a sale by means of a public auction or sealed bids is uneconomical or impractical because:

             (1) There is no access to the property;

             (2) The property has value or an increased value only to a single adjoining property owner; or

             (3) Such a sale would work an undue hardship upon a property owner as a result of a severance of the property of that owner or a denial of access to a public highway,

Ê the Board may enter into a direct sale of the property with such an owner or any other person for its fair market value.

      (d) When the property has been acquired and the property or any portion of the property is no longer needed for highway purposes, the Department shall give notice of its intention to dispose of the property by publication in a newspaper of general circulation in the county where the property is situated. The notice must include the Department’s appraisal of the fair market value of the property. Any person from whom the property was purchased or the person’s heir or grantee may purchase the property at its fair market value by direct sale from the Department within 60 days after the notice is published. If more than one person qualified to purchase the property by direct sale pursuant to this paragraph so requests, the person with the superior claim, as determined by the Department in its sole discretion, is entitled to purchase the property by direct sale. If a person who is entitled to purchase the property by direct sale pursuant to this paragraph reasonably believes that the Department’s appraisal of the property is greater than the fair market value of the property, the person may file an objection to the appraisal with the Department. The Department shall set forth the procedure for filing an objection and the process under which a final determination will be made of the fair market value of the property for which an objection is filed. The Department shall sell the property in the manner provided in subsection 2 if:

             (1) No person requests to purchase the property by direct sale within 60 days after the notice is published pursuant to this paragraph; or

             (2) A person who files an objection pursuant to this paragraph fails, within 10 business days after receipt of a written notice of the final determination of the fair market value of the property, to notify the Department in writing that he or she wishes to purchase the property at the fair market value set forth in the notice.

      (e) When the property is sought by another public agency for a reasonable public use, the Department may first offer the property to the public agency at its fair market value.

      2.  All property, interests or improvements not included within the provisions of subsection 1 must first be offered for sale by the Department singly or in combination at public auction or by sealed bids. If the highest bid received is 90 percent or more of the Department’s appraisal of the fair market value of the property, the property may be sold to the highest bidder. The notice and the terms of the sale must be published in a newspaper of general circulation in the county where the property is situated. The auctions and openings of bids must be conducted by the Department. If the property cannot be sold for 90 percent or more of its fair market value, the Department may enter into a written listing agreement with a person licensed pursuant to chapter 645 of NRS to sell or lease the property for 90 percent or more of its fair market value.

      3.  It is conclusively presumed in favor of the Department and any purchaser for value that the Department acted within its lawful authority in acquiring and disposing of the property, and that the Director acted within his or her lawful authority in executing any conveyance vesting title in the purchaser. All such conveyances must be quitclaim in nature and the Department shall not warrant title, furnish title insurance or pay the tax on transfer of real property.

      4.  No person has a right of action against the Department or its employees for a violation of this section. This subsection does not prevent an action by the Attorney General on behalf of the State of Nevada or any aggrieved person.

      5.  All sums of money received by the Department for the sale of real and personal property must be deposited with the State Treasurer to be credited to the State Highway Fund, unless the Federal Highway Administration participated in acquisition of the property, in which case a pro rata share of the money obtained by disposal of the property must be paid to the Federal Highway Administration.

      6.  The Department may reserve and except easements, rights or interests from the conveyance of any real property disposed of in accordance with this section or exchanged pursuant to subsection 5 of NRS 408.489. The easements, rights or interests include, but are not limited to:

      (a) Abutter’s rights of light, view or air.

      (b) Easements of access to and from abutting land.

      (c) Covenants prohibiting the use of signs, structures or devices advertising activities not conducted, services not rendered or goods not produced or available on the real property.

      (Added to NRS by 1957, 693; A 1959, 599; 1963, 978; 1967, 1743; 1971, 140; 1979, 1781; 1985, 707; 1987, 1812; 1989, 1308; 1991, 1691; 1995, 1140; 2001, 2132; 2005, 1790)

      NRS 408.537  State consent to close public road on public land: Application; notice; duties of planning agencies.

      1.  Upon receipt of an application for consent to close a public road on public land, the Department shall give written notice of the application to the planning agencies of the local governments, within 1 week after its receipt of the application.

      2.  Each planning agency so notified shall within 45 days after the notice is sent hold a public hearing on the application at the place where it normally meets. If the road is located within the jurisdiction of two or more planning agencies, each of those agencies must hold a hearing.

      3.  Each planning agency shall notify the public and every person known to have a vested private right-of-way over the road for the purpose of grazing, mining or any other purpose for which such a private right vests, by publication in one issue of a newspaper of general circulation published in each of the counties in which the land is located and by mailing to the last known address of each private user of the road. The notice must be published at least 20 days before the date set for the hearing and set forth the location of the road and the purpose for closing it as stated in the application. The cost of publishing the notice must be borne by the United States or by someone in its behalf.

      4.  The planning agency shall deliver its written recommendation on the application, including the reasons for its recommendation, to the Department within 15 days after the conclusion of its hearing on the application.

      5.  The application must contain such information and supporting documents as are prescribed in regulations adopted by the Department with the approval of the Board.

      (Added to NRS by 1981, 924; A 1987, 1814; 1989, 1310)

      NRS 408.543  State consent to close public road on public land: Duties of Department.

      1.  The Department shall hold a hearing on an application to close a public road on public land within 45 days after it receives the written recommendation from the planning agency. The Department shall give notice of its hearing as required by law. At its hearing the Department shall receive any testimony pertaining to any use of the road which is not repetitive and shall consider the written recommendation of the planning agency.

      2.  The Department shall deliver its written recommendation on the application, including the reasons for its recommendation, to the Board within 15 days after the conclusion of its hearing on the application.

      (Added to NRS by 1981, 924; A 1987, 1814; 1989, 1310)

      NRS 408.547  State consent to close public road on public land: Determination by Board; approval by inaction; certificate of consent.

      1.  The Board in deciding whether to grant or deny the consent of the State to close a public road on public land shall:

      (a) Balance the interests of the Federal Government and the State; and

      (b) Not apply standards or impose conditions respecting the closure of a public road which are more restrictive than those generally applicable to other persons or governmental agencies in this state.

      2.  In granting the consent of the State the Board shall not grant or waive any right, privilege, immunity or other incident of sovereignty provided for in NRS 328.085, except subsection 3 of that section.

      3.  Consent to such a closure or the extinguishing of a public use does not constitute consent to extinguish a private use, and the State’s consent is contingent on compensation by the Federal Government for the loss of a vested private right-of-way.

      4.  Any recommendation of the Department which is not acted on by the Board within 30 days after it receives the application and which is not in conflict with the requirements of this section is automatically approved unless the Board in a writing which is attached to the application and recommendation defers the decision for a good cause.

      5.  The consent of the Board to close a public road on public land must be evidenced by a certificate signed by the Chair of the Board and attested to by its Secretary, and delivered to the United States.

      (Added to NRS by 1981, 925; A 1987, 1814; 1989, 1310)

TRANSPORTATION FACILITIES

      NRS 408.5471  “Transportation facility” defined.  As used in NRS 408.5471 to 408.549, inclusive, unless the context otherwise requires, “transportation facility” means a road, railroad, bridge, tunnel, overpass, airport, mass transit facility, parking facility for vehicles or similar commercial facility used for the support of or the transportation of persons or goods, including, without limitation, any other property that is needed to operate the facility. The term does not include a toll bridge or toll road.

      (Added to NRS by 2003, 2028)

      NRS 408.5473  Authority of Department to authorize transportation facilities.  The Department may authorize a person to develop, construct, improve, maintain or operate, or any combination thereof, a transportation facility pursuant to NRS 408.5475 or 408.548.

      (Added to NRS by 2003, 2028)

      NRS 408.5475  Submission of request to Department; contents of request.

      1.  A person may submit a request to the Department to develop, construct, improve, maintain or operate, or any combination thereof, a transportation facility.

      2.  The request must be accompanied by the following information:

      (a) A topographic map indicating the location of the transportation facility.

      (b) A description of the transportation facility, including, without limitation, the conceptual design of the transportation facility and all proposed interconnections with other transportation facilities.

      (c) The projected total cost of the transportation facility over its life and the proposed date for the development of or the commencement of the construction of, or improvements to, the transportation facility.

      (d) A statement setting forth the method by which the person submitting the request proposes to secure all property interests required for the transportation facility. The statement must include, without limitation:

             (1) The names and addresses, if known, of the current owners of any property needed for the transportation facility;

             (2) The nature of the property interests to be acquired; and

             (3) Any property that the person submitting the request proposes that the Department condemn.

      (e) Information relating to the current transportation plans, if any, of any governmental entity in the jurisdiction of which any portion of the transportation facility is located.

      (f) A list of all permits and approvals required for the development or construction of or improvement to the transportation facility from local, state or federal agencies and a projected schedule for obtaining those permits and approvals.

      (g) A list of the facilities of any utility or existing transportation facility that will be crossed by the transportation facility and a statement of the plans of the person submitting the request to accommodate such crossings.

      (h) A statement setting forth the general plans of the person submitting the request for financing and operating the transportation facility, which must include, without limitation:

             (1) A plan for the development, financing and operation of the transportation facility, including, without limitation, an indication of the proposed sources of money for the development and operation of the transportation facility, the anticipated use of such money and the anticipated schedule for the receipt of such money;

             (2) A list of any assumptions made by the person about the anticipated use of the transportation facility, including, without limitation, the fees that will be charged for the use of the transportation facility, and a discussion of those assumptions;

             (3) The identification of any risk factors identified by the person submitting the request that are associated with developing, constructing or improving the transportation facility and the plan for addressing those risk factors;

             (4) The identification of any local, state or federal resources that the person anticipates requesting for development and operation of the transportation facility, including, without limitation, an anticipated schedule for the receipt of those resources and the effect of those resources on any statewide or regional program for the improvement of transportation; and

             (5) The identification and analysis of any costs or benefits associated with the proposed facility, performed by a professional engineer who is licensed pursuant to chapter 625 of NRS.

      (i) The names and addresses of the persons who may be contacted for further information concerning the request.

      (j) Any additional material and information that the Department may request.

      (Added to NRS by 2003, 2028)

      NRS 408.548  Authority of Department to request submission of proposals; regulations.

      1.  If the Department receives a request regarding a transportation facility pursuant to NRS 408.5475 and the Department determines pursuant to the provisions of subsection 1 of NRS 408.5483 that the transportation facility serves a public purpose, the Department may request other persons to submit proposals to develop, construct, improve, maintain or operate, or any combination thereof, the transportation facility.

      2.  The Department shall adopt regulations establishing:

      (a) The procedures for requesting other persons to submit proposals to the Department; and

      (b) The procedures for other persons to submit proposals to the Department.

      (Added to NRS by 2003, 2030)

      NRS 408.5483  Approval of request or proposal: Determination of public purpose; staff reports; copy of request or proposal to be furnished to affected governmental entities; fee; approval contingent on entering agreement with Department; establishment of date for development of or commencement of construction of transportation facility.

      1.  The Department may approve a request or proposal submitted pursuant to NRS 408.5475 or 408.548 if the Department determines that the transportation facility serves a public purpose. In determining whether the transportation facility serves a public purpose, the Department shall consider whether:

      (a) There is a public need for the type of transportation facility that is proposed;

      (b) The proposed interconnections between the transportation facility and existing transportation facilities and the plans of the person submitting the request for the operation of the transportation facility are reasonable and compatible with any statewide or regional program for the improvement of transportation and with the transportation plans of any other governmental entity in the jurisdiction of which any portion of the transportation facility will be located;

      (c) The estimated cost of the transportation facility is reasonable in relation to similar transportation facilities, as determined by an analysis of the cost performed by a professional engineer who is licensed pursuant to chapter 625 of NRS;

      (d) The plans of the person submitting the request will result in the timely development or construction of or improvement to the transportation facility or its more efficient operation;

      (e) The plans of the person submitting the request contain any penalties for the failure of the person submitting the request to meet any deadline which results in the untimely development or construction of or improvement to the transportation facility or failure to meet any deadline for its more efficient operation; and

      (f) The long-term quality of the transportation facility will meet a level of performance established by the Department over a sufficient duration of time to provide real value to the public.

      2.  In evaluating a request or proposal submitted pursuant to NRS 408.5475 or 408.548, the Department may consider internal staff reports prepared by personnel of the Department who are familiar with the operation of similar transportation facilities or the advice of outside advisors or consultants with relevant experience.

      3.  The Department shall request that a person who submitted a request or proposal pursuant to NRS 408.5475 or 408.548 furnish a copy of the request or proposal to each governmental entity that has jurisdiction over an area in which any part of the transportation facility is located. Within 30 days after receipt of such a request or proposal, the governmental entity shall submit in writing to the Department, for consideration by the Department, any comments that the governmental entity has concerning the transportation facility and shall indicate whether the transportation facility is compatible with any local, regional or statewide transportation plan or program that is applicable to the governmental entity.

      4.  The Department shall charge a reasonable fee to cover the costs of processing, reviewing and evaluating a request or proposal submitted pursuant to NRS 408.5475 or 408.548, including, without limitation, reasonable fees for the services of an attorney or a financial or other consultant or advisor, to be collected before the Department accepts the request or proposal for processing, review and evaluation.

      5.  The approval of a request or proposal by the Department is contingent on the person who submitted the request or proposal entering into an agreement with the Department. In such an agreement, the Department shall include, without limitation:

      (a) Criteria that address the long-term quality of the transportation facility.

      (b) The date of termination of the authority and duties pursuant to NRS 408.5471 to 408.549, inclusive, of the person whose request or proposal was approved by the Department with respect to the transportation facility and for the dedication of the transportation facility to the Department on that date.

      (c) Provision for the imposition by the person whose request or proposal was approved by the Department of such rates, fees or other charges as may be established from time to time by agreement of the parties for use of all or a portion of a transportation facility, other than a bridge or road.

      6.  In connection with the approval of a transportation facility, the Department shall establish a date for the development of or the commencement of the construction of, or improvements to, the transportation facility. The Department may extend the date from time to time.

      (Added to NRS by 2003, 2030)

      NRS 408.5485  Contract for transportation services.  The Department may contract with a person whose request or proposal is approved pursuant to NRS 408.5483 for transportation services to be provided by the transportation facility in exchange for such payments for service and other consideration as the Department may deem appropriate.

      (Added to NRS by 2003, 2031)

      NRS 408.549  Federal, state or local assistance.  The Department may take any action necessary to obtain federal, state or local assistance for a transportation facility that it approves and may enter into any contracts required to receive such assistance. The Department shall make written findings of whether it serves the public purpose for all or a portion of the costs of the transportation facility to be paid, directly or indirectly, from the proceeds of a grant or loan made by the local, state or Federal Government, or any agency or instrumentality thereof.

      (Added to NRS by 2003, 2031)

INFORMATION AND ASSISTANCE FOR TRAVELERS

      NRS 408.551  “Center” defined.  As used in NRS 408.551 to 408.567, inclusive, “center” means a facility, including, without limitation, a safety rest area, to provide information to members of the traveling public, concerning accommodations, food, fuel and recreation, through an attendant or some other means of communication.

      (Added to NRS by 1985, 891; A 2011, 1959; 2013, 3378)

      NRS 408.553  Designation of locations for signs and centers.

      1.  The Director may designate appropriate locations for the construction of centers and the erection and maintenance of directional and informational signs within the right-of-way.

      2.  The signs or centers may be erected or constructed, sponsored, operated or maintained by:

      (a) The Department;

      (b) A city, county or other governmental agency, under contract with the Department; or

      (c) A private person under contract with the Department, if the person has been authorized by the Director, with approval of the Board, to enter into such a contract.

      (Added to NRS by 1985, 891; A 2013, 3378)

      NRS 408.557  Regulations.

      1.  The Director shall adopt regulations:

      (a) Governing the size, shape, lighting and other characteristics of a sign to be erected at a location designated pursuant to NRS 408.553;

      (b) Authorizing the use of trademarks and symbols identifying an individual enterprise on a sign erected at the location;

      (c) Fixing the qualifications of a person or governmental agency to erect or construct, operate, sponsor or maintain a center or sign and of an enterprise to be identified on a directional or informational sign;

      (d) Fixing reasonable fees, based upon the market value as determined by the Department, for:

             (1) Authorizing the use of trademarks and symbols identifying an individual enterprise on a directional or informational sign; and

             (2) Providing:

                   (I) Information concerning commercial attractions; and

                   (II) Items designed to promote tourism in this State; and

      (e) Otherwise necessary to carry out the provisions of NRS 408.551 to 408.567, inclusive.

      2.  The regulations adopted by the Director pursuant to subsection 1 must be consistent with the provisions of 23 U.S.C. §§ 111 and 131.

      (Added to NRS by 1985, 891; A 1999, 1260; 2011, 1959; 2013, 3378)

      NRS 408.559  Development and review of plan.  The Department shall develop a plan, in cooperation with the Commission on Tourism, to carry out the provisions of NRS 408.551 to 408.567, inclusive. The plan must take into consideration such factors as:

      1.  Economic development in this state.

      2.  Availability of money for the purposes of NRS 408.551 to 408.567, inclusive.

      3.  Population in a particular area.

      4.  Proposed highway construction.

      5.  Need for information.

Ê The Department and the Commission shall review the plan at least once each year and revise it until the provisions of NRS 408.551 to 408.567, inclusive, have been uniformly put into effect throughout the State.

      (Added to NRS by 1985, 891; A 2011, 1960)

      NRS 408.561  Toll-free telephone system for public accommodations; apportionment of costs.

      1.  The Department may establish at centers a toll-free telephone system for members of the traveling public to make reservations at hotels, motels, campgrounds and other places of public accommodation. The cost of this system, reduced pursuant to subsection 2 if applicable, must be apportioned among the hotels, motels, campgrounds and other businesses that participate in the system.

      2.  If the Department uses the telephone system established pursuant to subsection 1 as a method for members of the public to report fires, accidents or other emergencies or to receive information concerning the conditions for driving on certain highways, the Department shall pay a proportionate share of the cost of the system.

      (Added to NRS by 1985, 892)

      NRS 408.562  Director’s recommendations for programs: Approval by Board; funding.  The Director may recommend to the Board, for its approval, programs to provide information to the traveling public to be paid from such money as is available for this purpose pursuant to NRS 408.567.

      (Added to NRS by 2011, 1959)

      NRS 408.563  Agreements with governmental agencies or others.  The Department may contract or enter into other agreements with governmental agencies in this state or an adjoining state or with private persons to study various systems of providing information to the traveling public and to erect or construct, sponsor, operate or maintain signs and centers which provide such information to the traveling public.

      (Added to NRS by 1985, 892: A 2013, 3379)

      NRS 408.567  Account for Systems of Providing Information to the Traveling Public: Creation; sources; use.

      1.  Money received by the Department from:

      (a) Fees for:

             (1) Authorizing the use of trademarks and symbols identifying an individual enterprise on a directional or informational sign; and

             (2) Providing:

                   (I) Information concerning commercial attractions; and

                   (II) Items designed to promote tourism in this State;

      (b) Participants in a telephone system established to reserve accommodations for travelers; and

      (c) Appropriations made by the Legislature for the purposes of NRS 408.551 to 408.567, inclusive,

Ê must be deposited with the State Treasurer for credit to the Account for Systems of Providing Information to the Traveling Public in the State Highway Fund, which is hereby created.

      2.  Money in the Account must only be used to carry out the provisions of NRS 408.551 to 408.567, inclusive.

      (Added to NRS by 1985, 892; A 1999, 1261; 2011, 1960; 2013, 3379)

      NRS 408.569  System of communication to report emergencies and to obtain information concerning conditions for driving required along certain frequently traveled highways.  The Department shall establish along one or more frequently traveled highways of this state a system of communication for members of the general public to report fires, accidents or other emergencies and to receive information concerning the conditions for driving on certain highways.

      (Added to NRS by 1993, 2338; A 2001, 2700)

BICYCLE AND PEDESTRIAN SAFETY

      NRS 408.571  Educational program: Duty of Department to develop; content.

      1.  The Department shall develop an educational program concerning bicycle and pedestrian safety which must be:

      (a) Suitable for children and adults; and

      (b) Developed by a person who is trained in the techniques of bicycle and pedestrian safety.

      2.  The program must be designed to:

      (a) Aid bicyclists in improving their riding skills;

      (b) Inform bicyclists and pedestrians of applicable traffic laws and encourage observance of those laws; and

      (c) Promote bicycle and pedestrian safety.

      3.  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 2011, 2516)

      NRS 408.573  Nevada Bicycle and Pedestrian Advisory Board: Creation; appointment, terms and compensation of members.

      1.  The Nevada Bicycle and Pedestrian Advisory Board, consisting of 14 members appointed by the Governor, is hereby created.

      2.  The Governor shall appoint to the Advisory Board:

      (a) Seven members who reside in various geographical areas of this State, of which:

             (1) One member must be less than 21 years of age at the time of his or her appointment.

             (2) One member must be representative of an organization in this State interested in environmental issues.

             (3) One member must be representative of an organization in this State interested in the promotion of bicycling or walking.

             (4) One member must be representative of an organization in this State involved in training persons in the safe use of bicycles or pedestrian safety.

             (5) One member must own or manage a business for the sale or repair of bicycles or equipment used by pedestrians.

             (6) Two members must be representative of the public at large.

      (b) One member who is a representative of the Department of Education.

      (c) One member who is a representative of the Division of Environmental Protection of the State Department of Conservation and Natural Resources.

      (d) One member who is a representative of the Division of State Parks of the State Department of Conservation and Natural Resources.

      (e) One member who is a representative of the Division of Public and Behavioral Health of the Department of Health and Human Services.

      (f) One member who is a representative of the Planning Division of the Department of Transportation.

      (g) One member who is a representative of the Department of Public Safety.

      (h) One member who is a representative of the Commission on Tourism.

      3.  After the initial terms, the term of each member of the Advisory Board appointed pursuant to paragraph (a) of subsection 2 is 2 years. The remaining members serve at the pleasure of the Governor.

      4.  Members of the Advisory Board must serve in that capacity without compensation, except that necessary travel and per diem expenses may be reimbursed, not to exceed the amounts provided for state officers and employees generally, to the extent that money is made available for that purpose.

      (Added to NRS by 2011, 2516)

      NRS 408.577  Nevada Bicycle and Pedestrian Safety Advisory Board: Duties; gifts, grants and donations; Department to provide secretarial services.

      1.  The Nevada Bicycle and Pedestrian Advisory Board shall:

      (a) At its first meeting and annually thereafter, elect a Chair from among its members.

      (b) Meet regularly at least once each calendar quarter and may meet at other times upon the call of the Chair.

      (c) Promote programs and facilities for the safe use of bicycles and pedestrian safety in this State.

      (d) Advise appropriate agencies of the State on policies, programs and facilities for the safe use of bicycles and pedestrian safety.

      2.  The Advisory Board may apply for any available grants and accept and use any gifts, grants or donations to aid the Advisory Board in carrying out its duties.

      3.  The Department shall provide secretarial services to the Advisory Board.

      (Added to NRS by 2011, 2517)

      NRS 408.579  Electric bicycles authorized for use on trails or walkways intended for use by bicycles.  Electric bicycles, as defined in NRS 482.0287, must be allowed on any trail or pedestrian walkway that is intended for use by bicycles and is constructed using federal funding obtained pursuant to 23 U.S.C. § 217.

      (Added to NRS by 2009, 393)—(Substituted in revision for NRS 480.730)

MISCELLANEOUS PROVISIONS

      NRS 408.601  Permits to solicit charitable contributions while standing on median strip of highway or sidewalk adjacent to highway.

      1.  In addition to any necessary county or city permit, a person shall not solicit contributions while standing on the median strip of any highway or the sidewalk adjacent to the highway within the jurisdiction of the Department without a permit to do so issued by the Director.

      2.  The Director shall establish standards for the issuance of permits to charitable organizations which allow the holders to solicit charitable contributions for the respective organization while standing on the median strip of any highway or the sidewalk adjacent to the highway within the jurisdiction of the Department. The Director shall expeditiously consider each application for such a permit. The application must be accompanied by evidence that a county or city has issued a permit to the organization for solicitation within its jurisdiction during the same period requested in the application. The Director may reasonably limit the time, place and manner of the requested solicitation to preserve public safety.

      3.  The charitable organization:

      (a) Shall indemnify the State of Nevada against any injury to any person or property during the solicitation which arises from or is incident to the act of solicitation; and

      (b) Is liable for any injury to any person or property during the solicitation which arises from the negligence of the soliciting agent.

      4.  As used in this section:

      (a) “Charitable organization” means an organization which:

             (1) The Secretary of the Treasury has determined is an exempt organization pursuant to the provisions of section 501(c) of the Internal Revenue Code; and

             (2) Holds a current certificate of organization or is currently qualified by the Secretary of State to do business in this state.

      (b) “Highway” means the entire width between the boundary lines of every way maintained by a public authority when any part thereof is open to the use of the public for purposes of vehicular traffic. The term does not include a freeway.

      (Added to NRS by 1991, 143)