NRS 373.065 Additionaltaxes in certain counties: Imposition, rates and annual increases; approval ofvoters; effective dates; distribution and use of proceeds.

NRS 373.070 Mandatoryprovisions of ordinance imposing tax.

NRS 373.075 Mandatoryprovision of amendatory ordinance.

NRS 373.080 Transmittalto counties of taxes collected by Department; reimbursement for costs.

NRS 373.090 Placeof sale of motor vehicle fuel.

NRS 373.100 Redistributionof taxes, penalties and interest by Department.

NRS 373.110 Distributionand use of net proceeds of taxes; regional street and highway fund.

NRS 373.113 Powersof commission: Federal money and projects; conduct of hearings.

NRS 373.115 Powersof commission: Creation of fund to match federal money.

NRS 373.116 Powersof commission: Real and personal property; eminent domain; adoption ofregulations.

NRS 373.1161 Powersof commission: Capacity to sue and be sued; preparation and approval of budgets;plans for transportation; insurance.

NRS 373.1163 Powersof commission: Security; employment of personnel.

NRS 373.1165 Powersof commission: Exclusive operation of system of transportation; use ofrights-of-way; entry into contracts and other agreements.

NRS 373.117 Authorityof commission and certain counties and cities to establish or operate publictransit system; special procedures for procurement and requirements fordevelopment of fixed guideway system.

NRS 373.118 Powersof commission: Parking facilities or parking spaces for general public andpublic employees.

NRS 373.1183 Countieswhose population is 400,000 or more: Construction and maintenance of benchesand shelters for passengers of public mass transportation.

NRS 373.1185 Countieswhose population is 400,000 or more: Advisory committee concerning constructionand maintenance of benches and shelters.

NRS 373.119 Useof certain collections from sale of fuel for boats; monthly reports by marinas.

NRS 373.120 Limitationon repeal, amendment or modification of ordinance imposing tax; dissolution ofcommission; pledge of faith of State.

NRS 373.130 Paymentof cost of project by issuance of revenue bonds and other securities and directdistribution from regional street and highway fund.

NRS 373.140 Evaluationand approval by commission of project for construction, surfacing orresurfacing of street or highway; written agreements regarding responsibilitiesfor project.

NRS 373.143 Annualreport to Department by commission in county which has population of less than100,000.

NRS 373.146 Commissionin county whose population is 400,000 or more to cooperate with local airpollution control board and regional planning coalition; prerequisites toadoption or amendment by commission of plan, policy or program.

NRS 373.150 Distributionof revenue to cities and towns not included in regional plan fortransportation; use of money for projects.

NRS 373.160 Pledgesand liens to secure payment of revenue bonds or other securities.

NRS 373.190 Saleof revenue bonds.

NRS 373.200 Construction.

_________

NRS 373.010 Shorttitle. This chapter is known and may be citedas the County Motor Vehicle Fuel Tax Law.

(Added to NRS by 1965, 1265)

NRS 373.020 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS373.0205 to 373.029, inclusive, havethe meanings ascribed to them in those sections.

(Added to NRS by 1965, 1265; A 1966, 49; 1977, 459;1979, 483, 1745; 1985, 282; 1987, 1722; 1989, 55; 1995, 1826; 1997, 2439, 2969;1999, 623, 1021)

NRS 373.0205 Acquisitionand acquire defined. Acquisition oracquire means the opening, laying out, establishment, purchase, construction,securing, installation, reconstruction, lease, gift, grant from the UnitedStates of America, any agency, instrumentality or corporation thereof, theState of Nevada, any body corporate and politic therein, any corporation, orany person, the endowment, bequest, devise, condemnation, transfer, assignment,option to purchase, other contract, or other acquirement, or any combinationthereof, of any project, or an interest therein, authorized by this chapter.

(Added to NRS by 1997, 2967)

NRS 373.021 Boarddefined. Board means the board of county commissioners.

(Added to NRS by 1997, 2968)

NRS 373.022 Citydefined. City means an incorporated city.

(Added to NRS by 1997, 2968)

NRS 373.023 Commissiondefined. Commission means the regionaltransportation commission.

(Added to NRS by 1997, 2968)

NRS 373.024 Costof the project defined. Cost of theproject, or any phrase of similar import, means all or any part designated bythe board of the cost of any project, or interest therein, being acquired,which cost, at the option of the board may include all or any part of theincidental costs pertaining to the project, including, without limitation,preliminary expenses advanced by the county from money available for use thereforor any other source, or advanced by any city with the approval of the countyfrom money available therefor or from any other source, or advanced by theState of Nevada or the Federal Government, or any corporation, agency orinstrumentality thereof, with the approval of the county, or any combinationthereof, in the making of surveys, preliminary plans, estimates of costs, otherpreliminaries, the costs of appraising, printing, estimates, advice,contracting for the services of engineers, architects, financial consultants,attorneys at law, clerical help, other agents or employees, the costs ofmaking, publishing, posting, mailing and otherwise giving any notice inconnection with the project, the taking of options, the issuance of bonds andother securities, contingencies, the capitalization with bond proceeds of anyinterest on the bonds for any period not exceeding 1 year and of any reservesfor the payment of the principal of an interest on the bonds, the filing orrecordation of instruments, the costs of medium-term obligations, constructionloans and other temporary loans of not exceeding 10 years appertaining to theproject and of the incidental expenses incurred in connection with suchfinancing or loans, and all other expenses necessary or desirable andappertaining to any project, as estimated or otherwise ascertained by theboard.

(Added to NRS by 1997, 2968)

NRS 373.0245 Departmentdefined. Department means the Department ofMotor Vehicles.

(Added to NRS by 1999, 1021; A 2001, 2641)

NRS 373.025 Federalsecurities defined. Federal securitiesmeans bills, certificates of indebtedness, notes, bonds or similar securitieswhich are direct obligations of, or the principal and interest of whichsecurities are unconditionally guaranteed by, the United States of America.

(Added to NRS by 1997, 2968)

NRS 373.026 Fixedguideway defined. Fixed guideway means amass transportation facility which uses and occupies a separate right-of-way orrails exclusively for public transportation, including, without limitation,fixed rail, automated guideway transit and exclusive facilities for buses.

(Added to NRS by 1997, 2439; A 1999, 622, 623)

NRS 373.027 Improvementand improve defined. Improvement orimprove means the extension, widening, lengthening, betterment, alteration,reconstruction, surfacing, resurfacing or other major improvement, or anycombination thereof, of any project, or an interest therein, authorized by thischapter. The term includes renovation, reconditioning, patching, generalmaintenance and other minor repairs.

(Added to NRS by 1997, 2968)

NRS 373.028 Projectdefined. Project means:

1. In a county whose population is 50,000 or more, streetand highway construction, including, without limitation, the acquisition andimprovement of any street, avenue, boulevard, alley, highway or other publicright-of-way used for any vehicular traffic, and including a sidewalk designedprimarily for use by pedestrians, and also, including, without limitation,grades, regrades, gravel, oiling, surfacing, macadamizing, paving, crosswalks,sidewalks, pedestrian rights-of-way, driveway approaches, curb cuts, curbs,gutters, culverts, catch basins, drains, sewers, manholes, inlets, outlets,retaining walls, bridges, overpasses, tunnels, underpasses, approaches,sprinkling facilities, artificial lights and lighting equipment, parkways,grade separators, traffic separators, and traffic control equipment, and allappurtenances and incidentals, or any combination thereof, including, withoutlimitation, the acquisition and improvement of all types of property therefor.

2. In a county whose population is less than 50,000,street and highway construction, maintenance or repair, or any combinationthereof, including, without limitation, the acquisition, maintenance, repairand improvement of any street, avenue, boulevard, alley, highway or otherpublic right-of-way used for any vehicular traffic, and including a sidewalkdesigned primarily for use by pedestrians, and also, including, withoutlimitation, grades, regrades, gravel, oiling, surfacing, macadamizing, paving,crosswalks, sidewalks, pedestrian rights-of-way, driveway approaches, curbcuts, curbs, gutters, culverts, catch basins, drains, sewers, manholes, inlets,outlets, retaining walls, bridges, overpasses, tunnels, underpasses,approaches, sprinkling facilities, artificial lights and lighting equipment,parkways, grade separators, traffic separators, and traffic control equipment,and all appurtenances and incidentals, or any combination thereof, including,without limitation, the acquisition, maintenance, repair and improvement of alltypes of property therefor.

(Added to NRS by 1997, 2968; A 2001, 1986)

NRS 373.029 Towndefined. Town means an unincorporated town.

(Added to NRS by 1997, 2969)

NRS 373.030 Creationof regional transportation commission; imposition of tax.

1. In any county for all or part of which a streetsand highways plan has been adopted as a part of the master plan by the countyor regional planning commission pursuant to NRS278.150, the board may by ordinance:

(a) Create a regional transportation commission; and

(b) Impose a tax on motor vehicle fuel, except aviationfuel and leaded racing fuel, sold in the county in an amount not to exceed 9cents per gallon.

2. A tax imposed pursuant to this section is inaddition to other motor vehicle fuel taxes imposed pursuant to the provisionsof chapter 365 of NRS.

3. As used in this section:

(a) Aviation fuel has the meaning ascribed to it in NRS 365.015.

(b) Leaded racing fuel means motor vehicle fuel thatcontains lead and is produced for motor vehicles that are designed and builtfor racing and not for operation on a public highway.

(Added to NRS by 1965, 1265; A 1966, 50; 1979, 1022, 1746;1981, 1715; 1989, 838, 1502; 1991, 39, 1904; 1997, 348)

NRS 373.040 Regionaltransportation commission: Number, selection and terms of representatives.

1. In countieswhose population is 100,000 or more, the commission must be composed of representativesselected by the following entities from among their members:

(a) Two by theboard.

(b) Two by thegoverning body of the largest city.

2. In countieswhose population is less than 100,000, the commission must be composed ofrepresentatives selected as follows:

(a) If thecounty contains three or more cities:

(1) Twoby the board.

(2) Oneby the governing body of the largest city.

(b) If thecounty contains only two cities:

(1) Threeby the board, at least one of whom is a representative of the public who is aresident of the county.

(2) Oneby the governing body of each city in the county.

(1) Twoby the board.

(2) Oneby the governing body of the city.

(d) If thecounty contains no city, the board shall select:

(1) Twomembers of the board; and

(2) Onerepresentative of the public, who is a resident of the largest town, if any, inthe county.

3. In CarsonCity, the commission must be composed of representatives selected by the Boardof Supervisors as follows:

(a) Two membersof the Board of Supervisors, one of whom must be designated by the commissionto serve as chairman of the commission.

(b) Threerepresentatives of the city at large.

4. The firstrepresentatives must be selected within 30 days after passage of the ordinancecreating the commission, and, except as otherwise provided in subsections 5, 6and 7, must serve until the next ensuing December 31 of an even-numbered year.The representative of any city incorporated after passage of the ordinance mustbe selected within 30 days after the first meeting of the governing body, and,except as otherwise provided in subsection 7, must serve until the next ensuingDecember 31 of an even-numbered year. Their successors must serve for terms of2 years, and vacancies must be filled for the unexpired term.

5. In CarsonCity:

(a) Onerepresentative of the commission who is a member of the Board of Supervisorsand one representative of the commission who is a representative of the city atlarge must serve until the next ensuing December 31 of an even-numbered year;and

(b) Onerepresentative of the commission who is a member of the Board of Supervisorsand two representatives of the commission who are representatives of the cityat large must serve until the next ensuing December 31 of an odd-numbered year.

6. In countieswhose population is 100,000 or more, but less than 400,000:

(a) Onerepresentative selected by the board and one representative selected by thegoverning body of the largest city in the county must serve until the nextensuing December 31 of an even-numbered year; and

(b) Onerepresentative selected by the board and one representative selected by thegoverning body of the largest city in the county must serve until the nextensuing December 31 of an odd-numbered year.

7. In counties whose population is 400,000 or more,the first representatives and the representative of any city incorporated afterpassage of the ordinance must serve until the next ensuing June 30 of anodd-numbered year.

(Added to NRS by 1965, 1265; A 1966, 50; 1969, 335,1541; 1979, 541; 1993, 102, 2268; 1999, 970, 1049; 2001, 69, 1091)

NRS 373.050 Regionaltransportation commission: Organization; meetings. Theordinance creating the commission shall provide for its organization andmeetings.

(Added to NRS by 1965, 1266)

NRS 373.055 Regionaltransportation commission: Designation as metropolitan planning organization;duties.

1. A commission may be designated as a metropolitanplanning organization pursuant to 23 U.S.C. 134 and 49 U.S.C. 5303.

2. If a commission is designated as a metropolitanplanning organization, the commission shall carry out the duties prescribed byfederal law for a metropolitan planning organization in addition to any otherduties required by specific statute.

(Added to NRS by 1995, 1045)

NRS 373.060 Effectivedate of tax imposed pursuant to NRS 373.030. Anyordinance enacted pursuant to paragraph (b) of subsection 1 of NRS 373.030 must provide that the countymotor vehicle fuel tax will be imposed on the first day of the second calendarmonth following the enactment of the ordinance.

(Added to NRS by 1965, 1266; A 1989, 1502)

NRS 373.065 Additionaltaxes in certain counties: Imposition, rates and annual increases; approval ofvoters; effective dates; distribution and use of proceeds.

1. Except as otherwise provided in this section, in acounty whose population is less than 400,000:

(a) The board may by ordinance impose:

(1) An excise tax on each gallon of motorvehicle fuel, except aviation fuel, sold in the county in an amount equal tothe product obtained by multiplying the amount of the tax imposed pursuant to NRS 365.180 by the lesser of 4.5 percent orthe average percentage of increase in the Consumer Price Index for West UrbanConsumers for the preceding 5 years; and

(2) An annual increase in the tax imposedpursuant to subparagraph (1), on the first day of each fiscal year followingthe fiscal year in which that tax becomes effective, in an amount equal to thesum of the tax imposed pursuant to NRS365.180 and the tax imposed pursuant to subparagraph (1) during thepreceding fiscal year, multiplied by the lesser of 4.5 percent or the averagepercentage of increase in the Consumer Price Index for West Urban Consumers forthe preceding 5 years.

(b) The board may by ordinance impose:

(1) An excise tax on each gallon of motorvehicle fuel, except aviation fuel, sold in the county in an amount equal tothe product obtained by multiplying the amount of the tax imposed pursuant to NRS 365.190 by the lesser of 4.5 percent orthe average percentage of increase in the Consumer Price Index for West UrbanConsumers for the preceding 5 years; and

(2) An annual increase in the tax imposedpursuant to subparagraph (1), on the first day of each fiscal year followingthe fiscal year in which that tax becomes effective, in an amount equal to thesum of the tax imposed pursuant to NRS365.190 and the tax imposed pursuant to subparagraph (1) during thepreceding fiscal year, multiplied by the lesser of 4.5 percent or the averagepercentage of increase in the Consumer Price Index for West Urban Consumers forthe preceding 5 years.

(1) An excise tax on each gallon of motorvehicle fuel, except aviation fuel, sold in the county in an amount equal tothe product obtained by multiplying the amount of the tax imposed pursuant to NRS 365.192 by the lesser of 4.5 percent orthe average percentage of increase in the Consumer Price Index for West UrbanConsumers for the preceding 5 years; and

(2) An annual increase in the tax imposedpursuant to subparagraph (1), on the first day of each fiscal year followingthe fiscal year in which that tax becomes effective, in an amount equal to thesum of the tax imposed pursuant to NRS365.192 and the tax imposed pursuant to subparagraph (1) during thepreceding fiscal year, multiplied by the lesser of 4.5 percent or the averagepercentage of increase in the Consumer Price Index for West Urban Consumers forthe preceding 5 years.

(d) If the board imposes a tax pursuant to paragraph(b) of subsection 1 of NRS 373.030, theboard may by ordinance impose:

(1) An excise tax on each gallon of motorvehicle fuel, except aviation fuel and leaded racing fuel, sold in the countyin an amount equal to the product obtained by multiplying the amount of the taximposed pursuant to paragraph (b) of subsection 1 of NRS 373.030 by the lesser of 4.5 percent orthe average percentage of increase in the Consumer Price Index for West UrbanConsumers for the preceding 5 years; and

(2) An annual increase in the tax imposedpursuant to subparagraph (1), on the first day of each fiscal year followingthe fiscal year in which that tax becomes effective, in an amount equal to thesum of the tax imposed pursuant to paragraph (b) of subsection 1 of NRS 373.030 and the tax imposed pursuant tosubparagraph (1) during the preceding fiscal year, multiplied by the lesser of4.5 percent or the average percentage of increase in the Consumer Price Indexfor West Urban Consumers for the preceding 5 years.

2. A board may not adopt any ordinance authorized bythis section unless:

(a) In a county for all or part of which a streets andhighways plan has been adopted as a part of the master plan by the county orregional planning commission pursuant to NRS278.150, the board first:

(1) Imposes a tax pursuant to paragraph (b) ofsubsection 1 of NRS 373.030 at themaximum rate authorized pursuant to that paragraph; or

(2) Submits to the voters of the county at ageneral or special election the question of whether to impose a tax pursuant toparagraph (b) of subsection 1 of NRS 373.030at the maximum rate authorized pursuant to that paragraph; and

(b) A question concerning the imposition of the taxpursuant to this section is first approved by a majority of the registeredvoters of the county voting upon the question which the board may submit to thevoters at any general election. The Committee on Local Government Finance shallannually provide to each city clerk, county clerk and district attorney in thisState forms for submitting a question to the registered voters of a countypursuant to this paragraph. Any question submitted to the registered voters ofa county pursuant to this paragraph must be in the form most recently providedby the Committee on Local Government Finance.

3. An ordinance adopted pursuant to this section in acounty whose population is less than 100,000:

(a) Must be reapproved, in addition to the approvalrequired by paragraph (b) of subsection 2, at least once every 8 years by amajority of the registered voters of the county voting on the question whichthe board may submit to the voters at any general election; and

(b) Expires by limitation no later than the last day ofthe 8th calendar year following the calendar year in which the ordinance was:

(1) Approved in accordance with paragraph (b) ofsubsection 2; or

(2) Most recently reapproved in accordance withthis subsection,

whicheveroccurs later.

4. Any ordinance authorized by this section may beadopted in combination with any other ordinance authorized by this section.Each tax imposed pursuant to this section is in addition to any other motorvehicle fuel taxes imposed pursuant to the provisions of this chapter and chapter 365 of NRS. Upon adoption of an ordinanceauthorized by this section, no further action by the board is necessary to effectuatethe annual increases before the ordinance expires by limitation.

5. Any ordinance adopted pursuant to this sectionmust:

(a) Become effective on the first day of the firstcalendar quarter beginning not less than 90 days after the adoption of theordinance; and

(b) If the board has created a regional transportationcommission in the county, require the commission:

(1) To review, at a public meeting conductedafter the provision of public notice and before the effective date of eachannual increase imposed by the ordinance:

(I) The amount of that increase and the accuracyof its calculation;

(II) The amounts of any annual increasesimposed by the ordinance in previous years and the revenue collected pursuantto those increases;

(III) Any improvements to the regionalsystem of transportation resulting from revenue collected pursuant to anyannual increases imposed by the ordinance in previous years; and

(IV) Any other information relevant to theeffect of the annual increases on the public; and

(2) To submit to the board any information thecommission receives suggesting that the annual increase should be adjusted.

6. Any ordinance adopted pursuant to:

(a) Paragraph (a) of subsection 1 must:

(1) Require the allocation, disbursement and usein the county of the proceeds of the tax imposed pursuant to that ordinance inthe same proportions and manner as the allocation, disbursement and use in thecounty of the proceeds of the tax imposed pursuant to NRS 365.180; and

(2) Expire by limitation no later than theeffective date of any increase or decrease in the amount of the tax imposedpursuant to NRS 365.180 which becomeseffective after the adoption of that ordinance.

(b) Paragraph (b) of subsection 1 must:

(2) Expire by limitation no later than theeffective date of any increase or decrease in the amount of the tax imposedpursuant to NRS 365.190 which becomeseffective after the adoption of that ordinance.

(2) Expire by limitation no later than theeffective date of any increase or decrease in the amount of the tax imposedpursuant to NRS 365.192 which becomeseffective after the adoption of that ordinance.

(d) Paragraph (d) of subsection 1 must:

(2) Expire by limitation no later than theeffective date of any subsequent ordinance increasing or decreasing the amountof the tax imposed in that county pursuant to paragraph (b) of subsection 1 of NRS 373.030.

(Added to NRS by 2003, 946; A 2005, 1717)

NRS 373.070 Mandatoryprovisions of ordinance imposing tax. Any motorvehicle fuel tax ordinance enacted under this chapter must include provisionsin substance as follows:

1. A provision imposing the additional excise tax andstating the amount of the tax per gallon of fuel.

2. Provisions identical to those contained in chapter 365 of NRS on the date of enactment ofthe ordinance, insofar as applicable, except that the name of the county as taxingagency must be substituted for that of the State and that an additional supplierslicense is not required.

3. A provision that all amendments to chapter 365 of NRS subsequent to the date ofenactment of the ordinance, not inconsistent with this chapter, automaticallybecome a part of the motor vehicle fuel tax ordinance of the county.

4. A provision that the county shall contract beforethe effective date of the county motor vehicle fuel tax ordinance with theDepartment to perform all functions incident to the administration or operationof the motor vehicle fuel tax ordinance of the county, including, if theordinance is enacted pursuant to NRS 373.065,the calculation of each annual increase in the tax imposed pursuant to theordinance.

(Added to NRS by 1965, 1266; A 1969, 1420; 1975,1721; 1979, 1022; 1999,1021; 2003, 949)

NRS 373.075 Mandatoryprovision of amendatory ordinance. Any ordinanceamending a motor fuel tax ordinance enacted pursuant to this chapter shallinclude a provision in substance that the county shall amend the contract madeunder subsection 4 of NRS 373.070 by acontract made between the county and the State acting by and through theDepartment before the effective date of such amendatory ordinance, unless thecounty determines with the written concurrence of the commission that no suchamendment of the contract is necessary or desirable.

(Added to NRS by 1969, 1420; A 1975, 1722; 2003, 949)

NRS 373.080 Transmittalto counties of taxes collected by Department; reimbursement for costs. All motor vehicle fuel taxes collected during any month bythe Department pursuant to a contract with a county must be transmitted eachmonth by the Department to the county and the Department shall, in accordancewith the terms of the contract, charge the county for the Departments servicesspecified in this section and in NRS 373.070,except that in the case of a motor vehicle fuel tax imposed pursuant to NRS 373.065, the charge must not exceed 1percent of the tax collected by the Department.

(Added to NRS by 1965, 1266; A 1971, 2088; 1975,1722; 2005, 1155,1720)

NRS 373.090 Placeof sale of motor vehicle fuel. For the purposeof each tax imposed by an ordinance enacted pursuant to this chapter, motorvehicle fuel is sold at the place where it is delivered into a vehicle notbelonging to the seller or into a stationary tank on the premises of the buyer.

(Added to NRS by 1965, 1266; A 1999, 1021; 2003, 949, 2919)

NRS 373.100 Redistributionof taxes, penalties and interest by Department. TheDepartment may redistribute any tax, penalty and interest distributed to acounty other than the county entitled thereto, but no such redistribution maybe made as to amounts originally distributed more than 6 months prior to thedate on which the Department obtains knowledge of the improper distribution.

(Added to NRS by 1965, 1266; A 1975, 1722)

NRS 373.110 Distributionand use of net proceeds of taxes; regional street and highway fund. All the net proceeds of the county motor vehicle fuel tax:

1. Imposed pursuant to paragraph (b) of subsection 1of NRS 373.030 or paragraph (d) ofsubsection 1 of NRS 373.065 which arereceived by the county pursuant to NRS373.080 must, except as otherwise provided in NRS 373.119, be deposited by the countytreasurer in a fund to be known as the regional street and highway fund in thecounty treasury, and disbursed only in accordance with the provisions of thischapter. After July 1, 1975, the regional street and highway fund must beaccounted for as a separate fund and not as a part of any other fund.

2. Imposed pursuant to paragraph (a), (b) or (c) ofsubsection 1 of NRS 373.065 which arereceived by the county pursuant to NRS373.080 must be allocated, disbursed and used as provided in the ordinanceimposing the tax.

(Added to NRS by 1965, 1267; A 1975, 221; 1985, 647; 2003, 949)

NRS 373.113 Powersof commission: Federal money and projects; conduct of hearings. In any county in which a regional transportationcommission has been created by ordinance, the commission may:

1. Receive and disburse federal funds;

2. Submit project applications and programs ofprojects to federal agencies;

3. Enter into formal agreements concerning projectswith federal agencies; and

4. Conduct public hearings and certify that suchhearings were conducted.

(Added to NRS by 1975, 1765; A 1993, 2269)

NRS 373.115 Powersof commission: Creation of fund to match federal money. The commission may establish a fund consisting ofcontributions from private sources, the State or the county and cities andtowns within the jurisdiction of the commission for the purpose of matchingfederal money, from any federal source.

(Added to NRS by 1975, 1765; A 1987, 1394)

NRS 373.116 Powersof commission: Real and personal property; eminent domain; adoption ofregulations. A commission may:

1. Acquire and own both real and personal property.

2. Exercise the power of eminent domain, if the cityor county which has jurisdiction over the property approves, for theacquisition, construction, repair or maintenance of public roads, or for anyother purpose related to public mass transportation.

3. Sell, lease or convey or otherwise dispose ofrights, interests or properties.

4. Adopt regulations for:

(a) Financing eligible activities; and

(b) The operation of systems or services provided bythe commission.

(Added to NRS by 1987, 1393; A 1989, 1922; 1993,1237)

NRS 373.1161 Powersof commission: Capacity to sue and be sued; preparation and approval ofbudgets; plans for transportation; insurance. Acommission may:

1. Sue and be sued.

2. Prepare and approve budgets for the regional streetand highway fund, the public transit fund and money it receives from anysource.

3. Adopt bylaws for the administration of its affairsand rules for the administration and operation of facilities under its control.

4. Conduct studies, develop plans and conduct publichearings to establish and approve short-range and regional plans fortransportation.

5. Purchase insurance or establish a reserve or fundfor self-insurance, or adopt any combination of these, to insure against lossby reason of:

(a) Damages resulting from fire, theft, accident orother casualty; or

(b) The commissions liability for other damages topersons or property which occur in the construction or operation of facilitiesor equipment under its control or in the conduct of its activities.

(Added to NRS by 1987, 1393)

NRS 373.1163 Powersof commission: Security; employment of personnel. Acommission may:

1. Provide for and maintain such security inoperations as is necessary for the protection of persons and property under itsjurisdiction and control.

2. Employ professional, technical, clerical and otherpersonnel necessary to carry out the provisions of this chapter.

(Added to NRS by 1987, 1393)

NRS 373.1165 Powersof commission: Exclusive operation of system of transportation; use ofrights-of-way; entry into contracts and other agreements. A commission may:

1. Operate a system of public transportation to theexclusion of any other publicly owned system of transportation within its areaof jurisdiction.

2. Use streets, roads, highways and other publicrights-of-way for public transportation.

3. Enter into agreements for the joint use offacilities, installations and properties and the joint exercise of statutorypowers.

4. Enter into contracts, leases and agreements withand accept grants and loans from federal and state agencies, counties, cities,towns, other political subdivisions, public or private corporations and otherpersons, and may perform all acts necessary for the full exercise of the powersvested in the commission.

(Added to NRS by 1987, 1394)

1. A regional transportation commission, a countywhose population is less than 100,000 or an incorporated city within such acounty may establish or operate a public transit system consisting of:

(a) Regular routes and fixed schedules to serve thepublic;

(b) Nonemergency medical transportation of persons tofacilitate their use of a center as defined in NRS 435.170, if the transportation isavailable upon request and without regard to regular routes or fixed schedules;

(d) In a county whose population is less than 100,000or an incorporated city within such a county, nonmedical transportation ofpersons if the transportation is available by reservation 1 day in advance ofthe transportation and without regard to regular routes or fixed schedules.

2. A regional transportation commission may leasevehicles to or from or enter into other contracts with a private operator forthe provision of such a system.

3. In a county whose population is less than 400,000,such a system may also provide service which includes:

(a) Minor deviations from the regular routes and fixedschedules required by paragraph (a) of subsection 1 on a recurring basis toserve the public transportation needs of passengers. The deviations must notexceed one-half mile from the regular routes.

(b) The transporting of persons other than thosespecified in paragraph (b), (c) or (d) of subsection 1 upon request withoutregard to regular routes or fixed schedules, if the service is provided by acommon motor carrier which has a certificate of public convenience andnecessity issued by the Transportation Services Authority pursuant to NRS 706.386 to 706.411, inclusive, and the service issubject to the rules and regulations adopted by the Transportation ServicesAuthority for a fully regulated carrier.

4. Notwithstanding the provisions of chapter 332 of NRS or NRS 625.530, a regional transportationcommission may utilize a turnkey procurement process to select a person todesign, build, operate and maintain, or any combination thereof, a fixedguideway system, including, without limitation, any minimum operable segmentthereof. The commission shall determine whether to utilize turnkey procurementfor a fixed guideway project before the completion of the preliminaryengineering phase of the project. In making that determination, the commissionshall evaluate whether turnkey procurement is the most cost effective method ofconstructing the project on schedule and in satisfaction of its transportationobjectives.

5. Notwithstanding the provisions of chapter 332 of NRS, a regional transportationcommission may utilize a competitive negotiation procurement process to procurerolling stock for a fixed guideway project. The award of a contract under sucha process must be made to the person whose proposal is determined to be themost advantageous to the commission, based on price and other factors specifiedin the procurement documents.

6. If a commission develops a fixed guideway project,the Department of Transportation is hereby designated to serve as the oversightagency to ensure compliance with the federal safety regulations for rail fixedguideway systems set forth in 49 C.F.R. Part 659.

7. As used in this section:

(a) Fully regulated carrier means a common carrier orcontract carrier of passengers or household goods who is required to obtainfrom the Transportation Services Authority a certificate of public convenienceand necessity or a contract carriers permit and whose rates, routes andservices are subject to regulation by the Transportation Services Authority.

(b) Minimum operable segment means the shortestportion of a fixed guideway system that is technically capable of providingviable public transportation between two end points.

(c) Public transit system means a system employingmotor buses, rails or any other means of conveyance, by whatever type of power,operated for public use in the conveyance of persons.

(d) Turnkey procurement means a competitiveprocurement process by which a person is selected by a regional transportationcommission, based on evaluation criteria established by the commission, todesign, build, operate and maintain, or any combination thereof, a fixedguideway system, or a portion thereof, in accordance with performance criteriaand technical specifications established by the commission.

(Added to NRS by 1979, 1749; A 1983, 538; 1995, 2412;1997, 1992, 2439, 2440; 1999,556, 2174)

NRS 373.118 Powersof commission: Parking facilities or parking spaces for general public and publicemployees.

1. A commission may construct, convert, improve, equipand maintain parking facilities or parking spaces for use by the general publicand public employees. Such facilities or spaces must be owned and operated bythe commission or its agents.

2. The commission may fix and charge reasonable feesfor the use of any such parking facilities or spaces.

3. The commission may enter into a contract, lease orother arrangement to provide exclusive parking in designated spaces at anyparking facility owned, leased or operated by the commission.

(Added to NRS by 1993, 1320)

NRS 373.1183 Countieswhose population is 400,000 or more: Construction and maintenance of benchesand shelters for passengers of public mass transportation. In a county whose population is 400,000 or more:

1. The commission shall provide for the constructionand maintenance of benches and shelters for passengers of public masstransportation.

2. In carrying out its duties pursuant to subsection1, the commission may displace or limit competition in the construction andmaintenance of such benches and shelters. The commission may:

(a) Provide those services on an exclusive basis oradopt a regulatory scheme for controlling the provision of those services; or

(b) Grant an exclusive franchise to any person toprovide those services.

3. The commission shall post on each bench, and withineach shelter, a notice that provides a telephone number that a person may useto report damage to the bench or shelter.

4. No board of county commissioners, governing body ofan incorporated city or town board may provide for the construction ormaintenance of benches and shelters for passengers of public masstransportation.

(Added to NRS by 2005, 2320)

NRS 373.1185 Countieswhose population is 400,000 or more: Advisory committee concerning constructionand maintenance of benches and shelters.

1. In a county whose population is 400,000 or more,the commission shall establish an advisory committee to provide information andadvice to the commission concerning the construction and maintenance of benchesand shelters for passengers of public mass transportation in the county. Themembership of the advisory committee must consist of:

(a) Two members of the general public from each citywithin the county who are appointed by the governing body of that city; and

(b) Six members of the general public appointed by thecommission.

2. Each member of the advisory committee serves a termof 1 year. A member may be reappointed for additional terms of 1 year in thesame manner as the original appointment.

3. A vacancy occurring in the membership of theadvisory committee must be filled in the same manner as the originalappointment.

4. The advisory committee shall meet at least sixtimes annually.

5. At its first meeting and annually thereafter, theadvisory committee shall elect a chairman and vice chairman from among itsmembers.

6. Each member of the advisory committee serveswithout compensation and is not entitled to receive a per diem allowance ortravel expenses.

(Added to NRS by 2005, 2320)

NRS 373.119 Useof certain collections from sale of fuel for boats; monthly reports by marinas.

1. Except to the extent pledged before July 1, 1985,the board may use that portion of the revenue collected pursuant to theprovisions of this chapter from any taxes imposed pursuant to paragraph (b) ofsubsection 1 of NRS 373.030 or paragraph(d) of subsection 1 of NRS 373.065 thatrepresents collections from the sale of fuel for use in boats at marinas in thecounty to make capital improvements or to conduct programs to encourage safetyin boating. If the county does not control a body of water, where animprovement or program is appropriate, the board may contract with anappropriate person or governmental organization for the improvement or program.

2. Each marina shall report monthly to the Departmentthe number of gallons of motor vehicle fuel sold for use in boats. The reportmust be made on or before the 25th day of each month for sales during thepreceding month.

(Added to NRS by 1985, 646; A 2003, 950)

NRS 373.120 Limitationon repeal, amendment or modification of ordinance imposing tax; dissolution ofcommission; pledge of faith of State.

1. No county motor vehicle fuel tax ordinance shall berepealed or amended or otherwise directly or indirectly modified in such amanner as to impair adversely any outstanding bonds issued hereunder or otherobligations incurred hereunder, until all obligations for which revenues fromsuch ordinance have been pledged or otherwise made payable from such revenues,pursuant to this chapter, have been discharged in full, but the board may atany time dissolve the commission and provide that no further obligations shallbe incurred thereafter.

2. The faith of the State of Nevada is hereby pledgedthat this chapter, NRS 365.180 to 365.200, inclusive, and any lawsupplemental thereto, including without limitation, provisions for thedistribution to any county designated in NRS373.030 of the proceeds of the motor vehicle fuel taxes collectedthereunder, shall not be repealed nor amended or otherwise directly orindirectly modified in such a manner as to impair adversely any outstandingbonds issued hereunder or other obligations incurred hereunder, until allobligations for which any such tax proceeds have been pledged or otherwise madepayable from such tax proceeds, pursuant to this chapter, have been dischargedin full, but the State of Nevada may at any time provide by act that no furtherobligations shall be incurred thereafter.

(Added to NRS by 1965, 1267; A 1966, 51)

NRS 373.130 Paymentof cost of project by issuance of revenue bonds and other securities and directdistribution from regional street and highway fund.

1. Money for the payment of the cost of a projectwithin the area embraced by a regional plan for transportation establishedpursuant to NRS 373.1161 may be obtainedby the issuance of revenue bonds and other revenue securities as provided insubsection 2 or, subject to any pledges, liens and other contractuallimitations made pursuant to the provisions of this chapter, may be obtained bydirect distribution from the regional street and highway fund, except to theextent any such use is prevented by the provisions of NRS 373.150, or may be obtained both by theissuance of such securities and by such direct distribution, as the board maydetermine. Money for street and highway construction outside the area embracedby the plan may be distributed directly from the regional street and highwayfund as provided in NRS 373.150.

2. The board may, after the enactment of an ordinanceas authorized by paragraph (b) of subsection 1 of NRS 373.030 or paragraph (d) of subsection1 of NRS 373.065, issue revenue bondsand other revenue securities, on the behalf and in the name of the county:

(a) The total of all of which, issued and outstandingat any one time, must not be in an amount requiring a total debt service inexcess of the estimated receipts to be derived from the taxes imposed pursuantto the provisions of paragraph (b) of subsection 1 of NRS 373.030 and paragraph (d) of subsection1 of NRS 373.065;

(b) Which must not be general obligations of the countyor a charge on any real estate therein; and

(c) Which may be secured as to principal and interestby a pledge authorized by this chapter of the receipts from the motor vehiclefuel taxes designated in this chapter, except such portion of the receipts asmay be required for the direct distributions authorized by NRS 373.150.

3. A county is authorized to issue bonds without thenecessity of their being authorized at any election in such manner and withsuch terms as provided in this chapter.

4. Subject to the provisions of this chapter, for anyproject authorized therein the board of any county may, on the behalf and inthe name of the county, borrow money, otherwise become obligated, and evidenceobligations by the issuance of bonds and other county securities, and inconnection with the undertaking or project, the board may otherwise proceed asprovided in the Local Government Securities Law.

5. All such securities constitute special obligationspayable from the net receipts of the motor vehicle fuel taxes designated inthis chapter except as otherwise provided in NRS373.150, and the pledge of revenues to secure the payment of the securitiesmust be limited to those net receipts.

6. Except for:

(a) Any notes or warrants which are funded with theproceeds of interim debentures or bonds;

(b) Any interim debentures which are funded with theproceeds of bonds;

(d) Any bonds which are reissued or which are refunded;and

(e) The use of any profit from any investment andreinvestment for the payment of any bonds or other securities issued pursuantto the provisions of this chapter,

all bondsand other securities issued pursuant to the provisions of this chapter must bepayable solely from the proceeds of motor vehicle fuel taxes collected by orremitted to the county pursuant to chapter 365of NRS, as supplemented by this chapter. Receipts of the taxes levied in NRS 365.180 and 365.190 and pursuant to paragraphs (a) and(b) of subsection 1 of NRS 373.065 maybe used by the county for the payment of securities issued pursuant to theprovisions of this chapter and may be pledged therefor. If during any periodany securities payable from these tax proceeds are outstanding, the taxreceipts must not be used directly for the construction, maintenance and repairof any streets, roads or other highways nor for any purchase of equipmenttherefor, and the receipts of the tax levied in NRS 365.190 must not be apportionedpursuant to subsection 2 of NRS 365.560unless, at any time the tax receipts are so apportioned, provision has beenmade in a timely manner for the payment of such outstanding securities as tothe principal of, any prior redemption premiums due in connection with, and theinterest on the securities as they become due, as provided in the securities,the ordinance authorizing their issuance and any other instrument appertainingto the securities.

7. The ordinance authorizing the issuance of any bondor other revenue security hereunder must describe the purpose for which it isissued at least in general terms and may describe the purpose in detail. Thissection does not require the purpose so stated to be set forth in the detail inwhich the project approved by the commission pursuant to subsection 2 of NRS 373.140 is stated, or prevent themodification by the board of details as to the purpose stated in the ordinanceauthorizing the issuance of any bond or other security after its issuance,subject to approval by the commission of the project as so modified.

(Added to NRS by 1965, 1267; A 1966, 51; 1969, 1595;1977, 461; 1985, 284; 1993, 2269; 2001, 390; 2003, 950)

NRS 373.140 Evaluationand approval by commission of project for construction, surfacing orresurfacing of street or highway; written agreements regarding responsibilitiesfor project.

1. After theenactment of an ordinance as authorized in NRS373.030, all street and highway construction, surfacing or resurfacingprojects in the county which are proposed to be financed from a county motorvehicle fuel tax imposed pursuant to paragraph (b) of subsection 1 of NRS 373.030 or paragraph (d) of subsection1 of NRS 373.065 must first be submittedto the regional transportation commission.

2. If theproject is within the area covered by a regional plan for transportationestablished pursuant to NRS 373.1161, thecommission shall evaluate it in terms of:

(a) Thepriorities established by the plan;

(b) Therelation of the proposed work to other projects already constructed orauthorized;

(d) The moneyavailable.

If the commission approves theproject, the board may authorize the project, using all or any part of theproceeds of the county motor vehicle fuel tax authorized pursuant to paragraph(b) of subsection 1 of NRS 373.030 orparagraph (d) of subsection 1 of NRS 373.065,except to the extent any such use is prevented by the provisions for direct distributionrequired by NRS 373.150 or is preventedby any pledge to secure the payment of outstanding bonds, other securities orother obligations incurred hereunder, and other contractual limitationsappertaining to such obligations as authorized by NRS 373.160, and the proceeds of revenuebonds or other securities issued or to be issued as provided in NRS 373.130. Except as otherwise providedin subsection 3, if the board authorizes the project, the responsibilities forletting construction and other necessary contracts, contract administration,supervision and inspection of work and the performance of other duties relatedto the acquisition of the project must be specified in written agreementsexecuted by the board and the governing bodies of the cities and towns withinthe area covered by a regional plan for transportation established pursuant to NRS 373.1161.

3. In a countyin which two or more governmental entities are represented on the commission,the governing bodies of those governmental entities may enter into a writtenmaster agreement that allows a written agreement described in subsection 2 tobe executed by only the commission and the governmental entity that receivesfunding for the approved project. The provisions of a written master agreementmust not be used until the governing body of each governmental entityrepresented on the commission ratifies the written master agreement.

4. If theproject is outside the area covered by a plan, the commission shall evaluate itin terms of:

(a) Itsrelation to the regional plan for transportation established pursuant to NRS 373.1161 if any;

(b) Therelation of the proposed work to other projects constructed or authorized;

(d) Theavailability of money.

If the commission approves theproject, the board shall direct the county treasurer to distribute the sumapproved to the city or town requesting the project, in accordance with NRS 373.150.

5. In counties whose population is less than 100,000,the commission shall certify the adoption of the plan in compliance withsubsections 2 and 4.

(Added to NRS by 1965, 1267; A 1966, 53; 1967, 159;1969, 1541; 1975, 1722; 1979, 484, 542, 1334, 1747, 1748; 1989, 838; 1993,2270; 1999, 985; 2003, 951)

NRS 373.143 Annualreport to Department by commission in county which has population of less than100,000. In counties having a population ofless than 100,000, the commission shall submit an annual report to theDepartment for the fiscal year showing the amount of receipts from the countymotor vehicle fuel tax and the nature of the expenditures for each project.

(Added to NRS by 1967, 160; A 1967, 766; 1969, 1542;1975, 1723; 1979, 543)

1. In a county whose population is 400,000 or more,the commission shall cooperate with the local air pollution control board andthe regional planning coalition in the county in which it is located to:

(a) Ensure that the plans, policies and programsadopted by each of them are consistent to the greatest extent practicable.

(b) Establish and carry out a program of integrated,long-range planning that conserves the economic, financial and naturalresources of the region and supports a common vision of desired futureconditions.

2. Before adopting or amending a plan, policy orprogram, a commission shall:

(a) Consult with the local air pollution control boardand the regional planning coalition; and

(b) Conduct hearings to solicit public comment on theconsistency of the plan, policy or program with:

(1) The plans, policies and programs adopted orproposed to be adopted by the local air pollution control board and theregional planning coalition; and

(2) Plans for capital improvements that havebeen prepared pursuant to NRS 278.0226.

3. As used in this section:

(a) Local air pollution control board means a boardthat establishes a program for the control of air pollution pursuant to NRS 445B.500.

(b) Regional planning coalition has the meaningascribed to it in NRS 278.0172.

(Added to NRS by 1999, 1975)

NRS 373.150 Distributionof revenue to cities and towns not included in regional plan fortransportation; use of money for projects.

1. Any city or town whose territory is not includedwholly or in part in a regional plan for transportation established pursuant toNRS 373.1161 may receive a distributionin aid of an approved construction project from the regional street and highwayfund, which must not exceed the amount allocated to such city or town pursuantto subsection 2.

2. The share of revenue from the county motor vehiclefuel tax allocated to a city or town pursuant to subsection 1 must be in theproportion which its total assessed valuation bears to the total assessedvaluation of the entire county. Any amount so allocated which is notdistributed currently in aid of an approved project must remain in the fund tothe credit of that city or town.

(Added to NRS by 1965, 1268; A 1966, 54; 1977, 461;1993, 2271; 1997, 348)

NRS 373.160 Pledgesand liens to secure payment of revenue bonds or other securities.

1. The ordinance or ordinances providing for theissuance of any bonds or other securities issued hereunder payable from thereceipts from the motor vehicle fuel excise taxes herein designated may at thediscretion of the board, in addition to covenants and other provisionsauthorized in the Local Government Securities Law, contain covenants or otherprovisions as to the pledge of and the creation of a lien upon the receipts ofthe taxes collected for the county pursuant to paragraph (b) of subsection 1 ofNRS 373.030 and paragraph (d) ofsubsection 1 of NRS 373.065, excludingany tax proceeds to be distributed directly under the provisions of NRS 373.150, or the proceeds of the bondsor other securities pending their application to defray the cost of theproject, or both such tax proceeds and security proceeds, to secure the paymentof revenue bonds or other securities issued hereunder.

2. If the board determines in any ordinanceauthorizing the issuance of any bonds or other securities hereunder that theproceeds of the taxes levied and collected pursuant to paragraph (b) ofsubsection 1 of NRS 373.030 andparagraph (d) of subsection 1 of NRS 373.065are sufficient to pay all bonds and securities, including the proposed issue,from the proceeds thereof, the board may additionally secure the payment of anybonds or other securities issued pursuant to the ordinance hereunder by apledge of and the creation of a lien upon not only the proceeds of any motorvehicle fuel tax authorized at the time of the issuance of such securities tobe used for such payment in subsection 6 of NRS373.130, but also the proceeds of any such tax thereafter authorized to beused or pledged, or used and pledged, for the payment of such securities,whether such tax be levied or collected by the county, the State of Nevada, orotherwise, or be levied in at least an equivalent value in lieu of any such taxexisting at the time of the issuance of such securities or be levied insupplementation thereof.

3. The pledges and liens authorized by subsections 1and 2 extend to the proceeds of any tax collected for use by the county on anymotor vehicle fuel so long as any bonds or other securities issued hereunderremain outstanding and are not limited to any type or types of motor vehiclefuel in use when the bonds or other securities are issued.

(Added to NRS by 1965, 1268; A 1966, 54; 1969, 1597; 2003, 952)

NRS 373.190 Saleof revenue bonds. The board is authorized tosell such bonds from time to time at public or private sale as the board maydetermine.

(Added to NRS by 1965, 1269; A 1967, 230; 1969, 1599)

NRS 373.200 Construction. This chapter, without reference to other statutes exceptas herein provided, shall constitute full authority for the authorization andissuance of bonds hereunder. No other law, with regard to the authorization orissuance of bonds, that provides for an election, requires an approval, or inany way impedes or restricts the carrying out of the acts herein authorized tobe done shall be construed as applying to any proceedings taken hereunder oracts done pursuant hereto.

(Added to NRS by 1965, 1269)

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