2005 Nevada Revised Statutes - Chapter 380 — Law Libraries

CHAPTER 380 - LAW LIBRARIES

GENERAL PROVISIONS

NRS 380.010 Establishment;management.

BOARDS OF LAW LIBRARY TRUSTEES

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

NRS 380.030 Removalof trustee; vacancies.

NRS 380.040 Seal.

NRS 380.050 Officersand 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 Reportsto board of county commissioners.

NRS 380.100 Powers.

ADMINISTRATION

NRS 380.110 Lawlibrary fund: Designation; allocation of certain fees; transfer of money fromcounty general fund; use.

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

NRS 380.130 Levyof special tax or use of money in general fund to discharge indebtedness.

NRS 380.140 Levyof special tax to replace uninsured law library destroyed by fire or otherpublic calamity.

NRS 380.150 Facilityto be furnished by board of county commissioners.

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

NRS 380.155 Paymentin advance for books and materials.

NRS 380.160 Lawlibrary to be free and accessible to general public; regulations restrictingborrowing of books and materials.

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

NRS 380.180 SupremeCourt Law Librarian to furnish books.

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

_________

GENERAL PROVISIONS

NRS 380.010 Establishment;management.

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

2. The board of county commissioners of any countywhose population is less than 50,000 may establish by ordinance a law libraryto be governed and managed as prescribed by the board of county commissionersof that county. The board of county commissioners of any county whosepopulation is less than 50,000 may exercise or delegate the exercise of anypower granted to a board of law library trustees under this chapter.

3. Any law library established pursuant to subsection2 is subject to the provisions of NRS380.065, 380.110 and 380.130 to 380.190, inclusive.

[Part 14:250:1913; 1919 RL p. 2709; NCL 2263](NRSA 1969, 787; 1981, 1002; 1989, 1923; 2001, 1987)

BOARDS OF LAW LIBRARY TRUSTEES

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

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

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

3. Appointive members of the board must be appointedby the board of county commissioners at the first meeting of the board ofcounty commissioners in each January, to serve for terms of 2 years. As nearlyas 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 Removalof trustee; vacancies. The board of lawlibrary trustees, by a majority vote recorded in the minutes with ayes and noesat length, may:

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

2. Fill all vacancies that occur in the board from anycause, but the board must at all times include at least two persons who are notattorneys at law.

[Part 6:250:1913; 1919 RL p. 2708; NCL 2255](NRS A1981, 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 Officersand assistants: Selection; powers and duties; removal; salaries.

1. The members of the board of law library trusteesshall 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 thatduty.

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

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

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

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

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

(d) Fix the salaries of the secretary and othersubordinate 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 librarytrustees, by a majority vote recorded in the minutes with ayes and noes atlength, may appoint a librarian and fix his salary.

[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 administerall functions of the library, employ assistants and carry out the policiesestablished by the governing body of the library. He shall inform the governingbody of the financial status of the library quarterly and at such other timesas the governing body may direct.

2. He 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 atleast once each calendar quarter and at such other times as the board mayappoint, at a place to be appointed for that purpose.

2. A majority of the members constitutes a quorum forbusiness.

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

NRS 380.090 Reportsto board of county commissioners.

1. At the first meeting of the board of countycommissioners in each year, the board of law library trustees shall make areport to the board on the condition for the past year of the boards trust,including:

(a) A full statement of all the boards property andmoney received, whence derived, how used and how expended.

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

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

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

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

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

[8:250:1913; 1919 RL p. 2708; NCL 2257](NRS A1983, 340)

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

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

2. Purchase books, journals, publications and otherpersonal property.

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

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

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

[Part 6:250:1913; 1919 RL p. 2708; NCL 2255](NRS A1983, 341)

ADMINISTRATION

NRS 380.110 Lawlibrary fund: Designation; allocation of certain fees; transfer of money fromcounty general fund; use.

1. Except as otherwise provided in subsection 5, anyordinance of a board of county commissioners establishing a law library underthe provisions of this chapter must require that, from the fees received by thecounty clerk pursuant to NRS 19.013, asum established by the ordinance, not exceeding $30 in any case, must beallocated 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 forthe commencement in or removal to the district court of the county of any civilaction, proceeding or appeal, on filing the first paper therein, or from thefees collected by the county clerk for the appearance of any defendant, or anynumber of defendants, answering jointly or separately, or from both of these sourcesas may be determined by the ordinance.

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

3. The board of county commissioners may transfer fromthe county general fund to the law library fund such amounts as it determinesare 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 ofthe law library.

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

5. In a county whose population is 400,000 or more,the sum established by the ordinance must be no less than $15 nor more than $30in 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)

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

1. The board of law library trustees, by a majorityvote recorded in the minutes with ayes and noes at length, may order thepayment, upon properly authenticated vouchers duly certified by a personauthorized to do so by the board, of money from the law library fund, for anyliability or expenditure authorized by law.

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

3. The board may, by a majority vote recorded in theminutes with ayes and noes at length, petition the board of countycommissioners to allow the board to use the countys system for accounting forthe collection and disbursement of money.

4. The board may adopt such other reasonableprocedures 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 Levyof special tax or use of money in general fund to discharge indebtedness.

1. Whenever it appears to the board of countycommissioners of any county having a law library that for any reason any debtincurred in the purchase and establishment of the library has not been fullypaid or materially reduced with the money provided by the provisions of NRS 380.110, within the period of 5 yearsimmediately preceding, the board of county commissioners may, at the nextannual tax levy, levy a special tax upon all taxable property within thecounty, both real and personal sufficient, together with the revenue which willresult from application of the rate to the net proceeds of minerals, to raise asum which will discharge any such indebtedness, but no more. The money must beplaced in the law library fund in the county treasury and must be used for thepayment of the indebtedness and for no other purpose.

2. In lieu of the levy of a special tax as provided insubsection 1, the board of county commissioners of any county having a lawlibrary may, in the discretion of the board of county commissioners, transferfrom the general funds of the county to the law library fund a sufficient sumof money to pay any debts incurred in the purchase and establishment andmaintenance of the library, which has not been fully paid or materially reducedwith the money provided by the provisions of NRS380.110, within the period of 5 years immediately preceding March 1, 1959.

[Part 1:250:1913; A 1927, 74; NCL 2250](NRS A1959, 264; 1969, 787; 1989, 48)

NRS 380.140 Levyof special tax to replace uninsured law library destroyed by fire or otherpublic calamity.

1. When any law library established under theprovisions of this chapter, is uninsured and destroyed by fire or by otherpublic calamity, the board of county commissioners of the county in which suchlibrary 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 toraise a sum which will discharge any indebtedness owing for books so destroyedand a further sum sufficient to replace the library or to provide one substantiallylike it.

2. The proceeds derived from such a special tax levymust be placed in the law library fund in the county treasury and drawn uponfor the purpose authorized.

[15a:250:1913; added 1925, 50; NCL 2265](NRS A1969, 788; 1983, 341)

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

[9:250:1913; 1919 RL p. 2708; NCL 2258](NRS A1969, 788; 1983, 342)

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

1. The state library and archives administrator shalladopt by regulation a list of legal books and materials which are consideredprimary sources and which he has determined must be available in every countyto the inhabitants of that county.

2. Each board of county commissioners shall ensurethat all of the legal books and materials listed by the state library andarchives administrator are accessible to the inhabitants of the county:

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

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

The placewhere those legal books and materials are located must be plainly marked as anarea accessible to the general public.

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

NRS 380.155 Paymentin advance for books and materials. The pricefor the purchase of books or library materials by subscription may be paid inadvance of the receipt of such books or materials.

(Added to NRS by 1969, 1058)

NRS 380.160 Lawlibrary to be free and accessible to general public; regulations restrictingborrowing of books and materials. The lawlibrary must be free to all inhabitants of the county. The board of law librarytrustees, or the board of county commissioners in a county having no board oflaw library trustees, may prescribe regulations imposing restrictions on theprivilege of borrowing books and materials from the library but may notrestrict the accessibility of the library to the general public during normalbusiness hours.

[11:250:1913; 1919 RL p. 2709; NCL 2260](NRS A1969, 788; 1981, 1004; 1983, 342)

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

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

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

3. A copy of each other publication of the LegislativeCounsel Bureau.

[12:250:1913; 1919 RL p. 2709; NCL 2261](NRS A1965, 953; 1973, 1412; 1995, 53)

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

[13:250:1913; 1919 RL p. 2709; NCL 2262](NRS A1973, 427)

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

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

(a) The discontinuance of the law library.

(b) The transfer of the law library books to thechambers of the district judge or judges of the county or to other appropriatelocations in the county.

(c) The keeping thereafter of such books in the judgeschambers or other locations.

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

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

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

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

[15:250:1913; 1919 RL p. 2709; NCL 2264](NRS A1969, 788; 1981, 1004; 1997, 3149)

 

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