[Rev. 11/21/2013 11:13:58 AM--2013]

CHAPTER 380 - LAW LIBRARIES

GENERAL PROVISIONS

NRS 380.010           Establishment; management.

BOARDS OF LAW LIBRARY TRUSTEES

NRS 380.020           Government and management of law library; number, appointment and terms of members.

NRS 380.030           Removal of trustee; vacancies.

NRS 380.040           Seal.

NRS 380.050           Officers and assistants: Selection; powers and duties; removal; salaries.

NRS 380.060           Librarian: Appointment; salary.

NRS 380.065           Librarian: Powers and duties.

NRS 380.080           Meetings; quorum.

NRS 380.090           Reports to board of county commissioners.

NRS 380.100           Powers.

ADMINISTRATION

NRS 380.110           Law library fund: Designation; allocation of certain fees; transfer of money from county general fund; use.

NRS 380.120           Law library fund: Disbursement of money; procedures for accounting.

NRS 380.130           Levy of special tax or use of money in general fund to discharge indebtedness. [Effective through November 24, 2014, and after that date unless the provisions of Senate Joint Resolution No. 15 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 380.130           Levy of special tax or use of money in general fund to discharge indebtedness. [Effective November 25, 2014, if the provisions of Senate Joint Resolution No. 15 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 380.140           Levy of special tax to replace uninsured law library destroyed by fire or other public calamity.

NRS 380.150           Facility to be furnished by board of county commissioners.

NRS 380.153           Accessibility of certain legal books and materials to inhabitants of county.

NRS 380.155           Payment in advance for books and materials.

NRS 380.160           Law library to be free and accessible to general public; regulations restricting borrowing of books and materials.

NRS 380.170           Distribution of state publications by Director of Legislative Counsel Bureau to law library.

NRS 380.180           Supreme Court Law Librarian to furnish books.

NRS 380.190           Discontinuance of law library: Procedure; disposition of books and money.

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GENERAL PROVISIONS

      NRS 380.010  Establishment; management.

      1.  The board of county commissioners of any county may establish by ordinance a law library to be governed and managed by a board of law library trustees in accordance with the provisions of this chapter.

      2.  The board of county commissioners of any county whose population is less than 55,000 may establish by ordinance a law library to be governed and managed as prescribed by the board of county commissioners of that county. The board of county commissioners of any county whose population is less than 55,000 may exercise or delegate the exercise of any power granted to a board of law library trustees under this chapter.

      3.  Any law library established pursuant to subsection 2 is subject to the provisions of NRS 380.065, 380.110 and 380.130 to 380.190, inclusive.

      [Part 14:250:1913; 1919 RL p. 2709; NCL § 2263]—(NRS A 1969, 787; 1981, 1002; 1989, 1923; 2001, 1987; 2011, 1245)

BOARDS OF LAW LIBRARY TRUSTEES

      NRS 380.020  Government and management of law library; number, appointment and terms of members.

      1.  Any law library established by ordinance as provided by subsection 1 of NRS 380.010 must be governed and managed by a board of law library trustees.

      2.  A board of law library trustees must consist of not less than five nor more than seven members. The district judge of the judicial district in which the county is situated or, if the district has more than one district judge, a maximum of three district judges designated by all the judges of the district from among their number, are ex officio trustees. The board of county commissioners shall appoint a sufficient number of trustees to complete the board, including at least two who are not attorneys at law.

      3.  Appointive members of the board must be appointed by the board of county commissioners at the first meeting of the board of county commissioners in each January, to serve for terms of 2 years. As nearly as may be, half of the terms must expire each year.

      [3:250:1913; 1919 RL p. 2707; NCL § 2252] + [4:250:1913; 1919 RL p. 2707; NCL § 2253]—(NRS A 1965, 223; 1969, 787; 1981, 1003; 1983, 339)

      NRS 380.030  Removal of trustee; vacancies.  The board of law library trustees, by a majority vote recorded in the minutes with ayes and noes at length, may:

      1.  Remove any trustee who neglects to attend the meetings of the board, or who absents himself or herself from such meetings.

      2.  Fill all vacancies that occur in the board from any cause, but the board must at all times include at least two persons who are not attorneys at law.

      [Part 6:250:1913; 1919 RL p. 2708; NCL § 2255]—(NRS A 1981, 1003; 1983, 339)

      NRS 380.040  Seal.  The board may adopt and use an official seal.

      [Part 10:250:1913; 1919 RL p. 2708; NCL § 2259]

      NRS 380.050  Officers and assistants: Selection; powers and duties; removal; salaries.

      1.  The members of the board of law library trustees shall appoint one of their number as president.

      2.  They shall elect a secretary who shall:

      (a) Keep a full statement and account of all property, money, receipts and expenditures of the board, unless the board delegates that duty.

      (b) Keep a record, full minutes in writing and an audio recording or transcript of all proceedings of the board. The secretary may certify to such proceedings, or any part thereof, under his or her hand.

      3.  The board of law library trustees, by a majority vote recorded in the minutes with ayes and noes at length, may:

      (a) Define the powers and prescribe the duties of any and all officers;

      (b) Determine the number and elect all necessary subordinate officers and assistants;

      (c) Remove, at its pleasure, any officer or assistant; and

      (d) Fix the salaries of the secretary and other subordinate officers and assistants.

      [Part 6:250:1913; 1919 RL p. 2708; NCL § 2255] + [Part 10:250:1913; 1919 RL p. 2708; NCL § 2259]—(NRS A 1983, 339; 2005, 1411)

      NRS 380.060  Librarian: Appointment; salary.  The board of law library trustees, by a majority vote recorded in the minutes with ayes and noes at length, may appoint a librarian and fix the salary of the librarian.

      [Part 6:250:1913; 1919 RL p. 2708; NCL § 2255] + [Part 10:250:1913; 1919 RL p. 2708; NCL § 2259]—(NRS A 1983, 340)

      NRS 380.065  Librarian: Powers and duties.

      1.  The librarian of any law library shall administer all functions of the library, employ assistants and carry out the policies established by the governing body of the library. The librarian shall inform the governing body of the financial status of the library quarterly and at such other times as the governing body may direct.

      2.  The librarian may recommend policies to the governing body.

      (Added to NRS by 1981, 1002; A 1983, 340)

      NRS 380.080  Meetings; quorum.

      1.  The board of law library trustees shall meet at least once each calendar quarter and at such other times as the board may appoint, at a place to be appointed for that purpose.

      2.  A majority of the members constitutes a quorum for business.

      [Part 10:250:1913; 1919 RL p. 2708; NCL § 2259]—(NRS A 1983, 340)

      NRS 380.090  Reports to board of county commissioners.

      1.  At the first meeting of the board of county commissioners in each year, the board of law library trustees shall make a report to the board on the condition for the past year of the board’s trust, including:

      (a) A full statement of all the board’s property and money received, whence derived, how used and how expended.

      (b) The number of books, periodicals and other publications on hand.

      (c) The number of books, periodicals and other publications added by purchase, gift or otherwise during the year.

      (d) The number of books, periodicals and other publications lost or missing.

      (e) Such other information as might be of interest.

      2.  At the same time, a financial report showing all receipts and disbursements of money must be made by the secretary or law librarian if the duty was so delegated.

      [8:250:1913; 1919 RL p. 2708; NCL § 2257]—(NRS A 1983, 340)

      NRS 380.100  Powers.  The board of law library trustees, by a majority vote recorded in the minutes with ayes and noes at length may:

      1.  Make and enforce all rules, regulations and bylaws necessary for the administration, government and protection of the library, and all property belonging thereto, or which may be loaned, devised, bequeathed or donated to the library.

      2.  Purchase books, journals, publications and other personal property.

      3.  Contract with any existing library to make use of its library for the purpose of a public law library, under proper rules and regulations to be prescribed by the board.

      4.  Authorize the law librarian to act for the board in matters it deems appropriate.

      5.  Generally do all that may be necessary to carry into effect the provisions of this chapter.

      [Part 6:250:1913; 1919 RL p. 2708; NCL § 2255]—(NRS A 1983, 341)

ADMINISTRATION

      NRS 380.110  Law library fund: Designation; allocation of certain fees; transfer of money from county general fund; use.

      1.  Except as otherwise provided in subsection 5, any ordinance of a board of county commissioners establishing a law library under the provisions of this chapter must require that, from the fees received by the county clerk pursuant to NRS 19.013, a sum established by the ordinance, not exceeding $30 in any case, must be allocated by the county clerk to a fund designated as the law library fund. These allocations may be made from the fees collected by the county clerk for the commencement in or removal to the district court of the county of any civil action, proceeding or appeal, on filing the first paper therein, or from the fees collected by the county clerk for the appearance of any defendant, or any number of defendants, answering jointly or separately, or from both of these sources as may be determined by the ordinance.

      2.  All money so set aside must be paid by the county clerk to the county treasurer, who shall keep it separate in the law library fund.

      3.  The board of county commissioners may transfer from the county general fund to the law library fund such amounts as it determines are necessary for purposes of the law library.

      4.  Money in the law library fund must be:

      (a) Expended for the purchase of law books, journals, periodicals and other publications.

      (b) Expended for the establishment and maintenance of the law library.

      (c) Drawn therefrom and used and applied only as provided in this chapter.

      5.  In a county whose population is 700,000 or more, the sum established by the ordinance must be no less than $15 nor more than $30 in any case.

      [Part 1:250:1913; A 1927, 74; NCL § 2250] + [2:250:1913; 1919 RL p. 2707; NCL § 2251]—(NRS A 1959, 264; 1981, 1003; 1983, 332; 1985, 388; 1989, 918, 1924; 2011, 1246)

      NRS 380.120  Law library fund: Disbursement of money; procedures for accounting.

      1.  The board of law library trustees, by a majority vote recorded in the minutes with ayes and noes at length, may order the payment, upon properly authenticated vouchers duly certified by a person authorized to do so by the board, of money from the law library fund, for any liability or expenditure authorized by law.

      2.  The orders and demands of the board, when duly made and authenticated as provided in subsection 1, must be verified and audited by the county auditor or comptroller and paid by the county treasurer from the law library fund. Complete entries and records thereof must be kept as in other cases.

      3.  The board may, by a majority vote recorded in the minutes with ayes and noes at length, petition the board of county commissioners to allow the board to use the county’s system for accounting for the collection and disbursement of money.

      4.  The board may adopt such other reasonable procedures for accounting as it deems necessary.

      [Part 6:250:1913; 1919 RL p. 2708; NCL § 2255] + [7:250:1913; 1919 RL p. 2708; NCL § 2256]—(NRS A 1983, 341)

      NRS 380.130  Levy of special tax or use of money in general fund to discharge indebtedness. [Effective through November 24, 2014, and after that date unless the provisions of Senate Joint Resolution No. 15 (2011) are approved and ratified by the voters at the 2014 General Election.]

      1.  Whenever it appears to the board of county commissioners of any county having a law library that for any reason any debt incurred in the purchase and establishment of the library has not been fully paid or materially reduced with the money provided by the provisions of NRS 380.110, within the period of 5 years immediately preceding, the board of county commissioners may, at the next annual tax levy, levy a special tax upon all taxable property within the county, both real and personal sufficient, together with the revenue which will result from application of the rate to the net proceeds of minerals, to raise a sum which will discharge any such indebtedness, but no more. The money must be placed in the law library fund in the county treasury and must be used for the payment of the indebtedness and for no other purpose.

      2.  In lieu of the levy of a special tax as provided in subsection 1, the board of county commissioners of any county having a law library may, in the discretion of the board of county commissioners, transfer from the general funds of the county to the law library fund a sufficient sum of money to pay any debts incurred in the purchase and establishment and maintenance of the library, which has not been fully paid or materially reduced with the money provided by the provisions of NRS 380.110, within the period of 5 years immediately preceding March 1, 1959.

      [Part 1:250:1913; A 1927, 74; NCL § 2250]—(NRS A 1959, 264; 1969, 787; 1989, 48)

      NRS 380.130  Levy of special tax or use of money in general fund to discharge indebtedness. [Effective November 25, 2014, if the provisions of Senate Joint Resolution No. 15 (2011) are approved and ratified by the voters at the 2014 General Election.]

      1.  Whenever it appears to the board of county commissioners of any county having a law library that for any reason any debt incurred in the purchase and establishment of the library has not been fully paid or materially reduced with the money provided by the provisions of NRS 380.110, within the period of 5 years immediately preceding, the board of county commissioners may, at the next annual tax levy, levy a special tax upon all taxable property within the county, both real and personal, that is sufficient, together with the revenue which will result from application of the rate to the net proceeds from mineral extraction and royalties subject to the excise tax pursuant to the provisions of NRS 362.100 to 362.240, inclusive, to raise a sum which will discharge any such indebtedness, but no more. The money must be placed in the law library fund in the county treasury and must be used for the payment of the indebtedness and for no other purpose.

      2.  In lieu of the levy of a special tax as provided in subsection 1, the board of county commissioners of any county having a law library may, in the discretion of the board of county commissioners, transfer from the general funds of the county to the law library fund a sufficient sum of money to pay any debts incurred in the purchase and establishment and maintenance of the library, which has not been fully paid or materially reduced with the money provided by the provisions of NRS 380.110, within the period of 5 years immediately preceding March 1, 1959.

      [Part 1:250:1913; A 1927, 74; NCL § 2250]—(NRS A 1959, 264; 1969, 787; 1989, 48; 2013, 3138, effective November 25, 2014, if the provisions of Senate Joint Resolution No. 15 (2011) are approved and ratified by the voters at the 2014 General Election)

      NRS 380.140  Levy of special tax to replace uninsured law library destroyed by fire or other public calamity.

      1.  When any law library established under the provisions of this chapter, is uninsured and destroyed by fire or by other public calamity, the board of county commissioners of the county in which such library was situated shall, at the next time that other tax levies are made, levy a special tax upon all taxable property within the county, sufficient to raise a sum which will discharge any indebtedness owing for books so destroyed and a further sum sufficient to replace the library or to provide one substantially like it.

      2.  The proceeds derived from such a special tax levy must be placed in the law library fund in the county treasury and drawn upon for the purpose authorized.

      [15a:250:1913; added 1925, 50; NCL § 2265]—(NRS A 1969, 788; 1983, 341)

      NRS 380.150  Facility to be furnished by board of county commissioners.  The board of county commissioners shall provide an adequate facility for the use of a law library established under the provisions of this chapter whenever such a facility is demanded by a board of law library trustees of that county or as the need for such a facility may otherwise appear.

      [9:250:1913; 1919 RL p. 2708; NCL § 2258]—(NRS A 1969, 788; 1983, 342)

      NRS 380.153  Accessibility of certain legal books and materials to inhabitants of county.

      1.  The State Library and Archives Administrator shall adopt by regulation a list of legal books and materials which are considered primary sources and which the State Library and Archives Administrator has determined must be available in every county to the inhabitants of that county.

      2.  Each board of county commissioners shall ensure that all of the legal books and materials listed by the State Library and Archives Administrator are accessible to the inhabitants of the county:

      (a) By making them available for use during normal business hours in either the law library or a public library; or

      (b) Pursuant to an agreement with another library which has them.

Ê The place where those legal books and materials are located must be plainly marked as an area accessible to the general public.

      (Added to NRS by 1981, 1002; A 1983, 342; 1997, 3149)

      NRS 380.155  Payment in advance for books and materials.  The price for the purchase of books or library materials by subscription may be paid in advance of the receipt of such books or materials.

      (Added to NRS by 1969, 1058)

      NRS 380.160  Law library to be free and accessible to general public; regulations restricting borrowing of books and materials.  The law library must be free to all inhabitants of the county. The board of law library trustees, or the board of county commissioners in a county having no board of law library trustees, may prescribe regulations imposing restrictions on the privilege of borrowing books and materials from the library but may not restrict the accessibility of the library to the general public during normal business hours.

      [11:250:1913; 1919 RL p. 2709; NCL § 2260]—(NRS A 1969, 788; 1981, 1004; 1983, 342)

      NRS 380.170  Distribution of state publications by Director of Legislative Counsel Bureau to law library.  Upon request, the Director of the Legislative Counsel Bureau shall distribute without charge to the county clerk of each county, for the use of the law library established therein pursuant to the provisions of this chapter:

      1.  A copy of each publication provided in NRS 345.050.

      2.  A copy of each volume of Nevada Reports and the Statutes of Nevada theretofore published.

      3.  A copy of each other publication of the Legislative Counsel Bureau.

      [12:250:1913; 1919 RL p. 2709; NCL § 2261]—(NRS A 1965, 953; 1973, 1412; 1995, 53)

      NRS 380.180  Supreme Court Law Librarian to furnish books.  The Supreme Court Law Librarian shall distribute among the law libraries in this State established pursuant to the provisions of this chapter such duplicates of books as may be in the Supreme Court Law Library and not needed for the purposes of that Library.

      [13:250:1913; 1919 RL p. 2709; NCL § 2262]—(NRS A 1973, 427)

      NRS 380.190  Discontinuance of law library: Procedure; disposition of books and money.

      1.  Whenever the board of county commissioners of any county in which a law library has been established pursuant to the provisions of this chapter desires to discontinue the law library, the board of county commissioners shall discontinue the law library by the enactment of an ordinance. The ordinance must provide for:

      (a) The discontinuance of the law library.

      (b) The transfer of the law library books to the chambers of the district judge or judges of the county or to other appropriate locations in the county.

      (c) The keeping thereafter of such books in the judges’ chambers or other locations.

      (d) The transfer of all money in the law library fund to the county school district fund.

      (e) The abolishment of the offices of law library trustees, if any.

      2.  After such an ordinance takes effect, the county clerk shall not set aside the fees provided for in NRS 380.110.

      3.  The discontinuance of a law library does not alter the duty of the board of county commissioners to provide, at a publicly accessible location, all legal books and materials which the State Library and Archives Administrator has determined, pursuant to NRS 380.153, must be available in every county.

      [15:250:1913; 1919 RL p. 2709; NCL § 2264]—(NRS A 1969, 788; 1981, 1004; 1997, 3149)