2005 Nevada Revised Statutes - Chapter 378 — Department of Cultural Affairs; State Library and Archives

Title 33 - LIBRARIES; MUSEUMS; HISTORIC PRESERVATION

CHAPTER 378 - DEPARTMENT OF CULTURALAFFAIRS; STATE LIBRARY AND ARCHIVES

GENERAL PROVISIONS

NRS 378.005 Definitions.

DEPARTMENT OF CULTURAL AFFAIRS

NRS 378.008 Creation;composition.

NRS 378.0083 Bequestsand gifts unaffected by creation of Department.

NRS 378.0086 Director:Appointment and qualifications.

NRS 378.0089 Director:Powers and duties.

DIVISION OF STATE LIBRARY AND ARCHIVES

Administration

NRS 378.010 StateLibrary and Archives Administrator: Appointment; service at pleasure ofDirector; classification.

NRS 378.020 StateLibrary and Archives Administrator: Qualifications.

NRS 378.050 Biennialreport.

NRS 378.060 Employmentof staff.

NRS 378.070 Hoursof State Library and Archives.

NRS 378.080 Powersand duties of State Library and Archives Administrator: Operation of StateLibrary and Archives.

NRS 378.081 Powersand duties of State Library and Archives Administrator: Responsibility forstatewide program of development and coordination of library and informationalservices.

NRS 378.083 Powersand duties of State Library and Archives Administrator: Development ofstandards and statewide master plan for public libraries.

NRS 378.087 Powersand duties of State Library and Archives Administrator: Establishment ofprogram to provide grants to public libraries; amount of grants; regulations;limitations on use of grants.

NRS 378.090 GiftFund for the State Library and Archives.

NRS 378.100 Acceptanceof federal money.

NRS 378.110 Dispositionof fines.

NRS 378.120 Chargesfor copy of papers and documents and duplicate of roll of microfilm.

NRS 378.130 Legislativeappropriations.

 

State Publications Distribution Center

NRS 378.150 Declarationof legislative intent.

NRS 378.160 Definitions.

NRS 378.170 Creation;regulations.

NRS 378.180 Stateand local agencies to deposit copies of publications when released;notification to Center upon release in electronic format.

NRS 378.190 Depositoryagreements with other libraries; standards.

NRS 378.200 Distributionof copies of state and local publications.

NRS 378.210 Centerrequired to post availability of state and local publications.

 

Archives and Records

NRS 378.230 Declarationof legislative intent.

NRS 378.240 Maintenanceof premises for archival material; employees; receipt and availability ofmaterial.

NRS 378.245 Custodyand preservation of archival material; removal of material from archives.

NRS 378.250 Archivalmaterial of historical value; disposition; expenditure of donated money.

NRS 378.255 Managementand retention of records; recovery of records.

NRS 378.260 Agreementto maintain material of Secretary of State in archives.

NRS 378.270 Furnishingcopies of archival material; fee.

NRS 378.280 Maintenanceof records of Executive Branch; management of records of Department ofTransportation.

NRS 378.290 Recordsof Governors Office: Transfer to Division before Governor leaves office;availability for public inspection.

NRS 378.300 Periodof confidentiality of confidential public records.

NRS 378.310 Restrictionof access to records of constitutional officer upon agreement.

NRS 378.320 Destructionof records transferred to Division by agency of State.

REPOSITORY FOR RECORDS CONCERNINGPROGRAMS, ACTIVITIES AND EVENTS RELATED TO THE PARTICIPATION OF CITIZENS IN THEDEVELOPMENT OF PUBLIC POLICY AND THE IMPROVEMENT OF THE OPERATION OF GOVERNMENT

NRS 378.400 Creation;contents; powers and duties of Director; Advisory Committee.

_________

GENERAL PROVISIONS

NRS 378.005 Definitions. As used in this chapter:

1. Department means the Department of CulturalAffairs.

2. Director means the Director of the Department.

3. Division means the Division of State Library andArchives of the Department.

(Added to NRS by 1979, 181; A 1983, 1302; 1985, 122;1993, 1580; 2001, 925)

DEPARTMENT OF CULTURAL AFFAIRS

NRS 378.008 Creation;composition.

1. There is hereby created the Department of CulturalAffairs in which is vested the administration of the provisions of this Titleand chapter 233C of NRS.

2. The Department consists of a Director and thefollowing:

(a) The Division of State Library and Archives;

(b) The Division of Museums and History;

(c) The Office of Historic Preservation;

(d) The Board of the Nevada Arts Council;

(e) The Nevada Arts Council;

(f) The Board of Museums and History;

(g) The State Council on Libraries and Literacy;

(h) The State Historical Records Advisory Board; and

(i) The Commission for Cultural Affairs.

(Added to NRS by 1993, 1579; A 1997, 3139; 2001, 925; 2003, 641)

NRS 378.0083 Bequestsand gifts unaffected by creation of Department. Thecreation of the Department does not affect any bequest, devise, endowment,trust, allotment or other gift made to a division or institution of theDepartment and those gifts inure to the benefit of the division or institutionand remain subject to any conditions or restraints placed on the gifts.

(Added to NRS by 1993, 1579)

NRS 378.0086 Director:Appointment and qualifications. The Director:

1. Is appointed by and responsible to the Governor,and serves at the pleasure of the Governor.

2. Is in the unclassified service of the State.

3. Shall not engage in any other gainful employment oroccupation.

4. Must beselected with special reference to training, experience, capacity and interestin cultural resources, arts or library or archive management, or any combinationthereof. His knowledge and abilities must include, without limitation:

(a) Acomprehensive knowledge of administrative principles and a working knowledge ofbroad principles relating to subject matters under his administrativedirection;

(b) Theadministrative ability to assess the adequacy of agency operations and theprotection of the public interest as related to the subject matters;

(c) The abilityto organize and present oral and written communications to the Governor, theLegislature and other pertinent officials or persons; and

(d) The abilityto oversee the carrying out of the statutory responsibilities of the Departmentand of the policies, rules and regulations of the Department.

5. Must havedemonstrated ability and 4 years of experience administering a major publicagency or in business administration.

6. Must have a degree from an accredited 4-yearcollege or university.

(Added to NRS by 1993, 1579; A 1999, 2859)

NRS 378.0089 Director:Powers and duties. The Director:

1. May employ, within the limits of legislativeappropriations, such staff as is necessary for the performance of his duties.

2. Is responsible for the general administration ofthe Department and for the submission of its budgets.

3. Shall appoint the administrator of each agencywithin the Department.

4. Shall supervise the administrators of the agenciesof the Department.

5. Shall coordinate the submissions of requests by theagencies of the Department for assistance from governmental sources.

6. Shall superintend the planning and development ofany new facilities for the Department or the agencies of the Department.

7. Shall supervise the facilities for storage whichare jointly owned or used by any of the agencies of the Department.

8. Shall govern, manage and control all property ofthe Department.

(Added to NRS by 1993, 1580)

DIVISION OF STATE LIBRARY AND ARCHIVES

Administration

NRS 378.010 StateLibrary and Archives Administrator: Appointment; service at pleasure ofDirector; classification. The State Libraryand Archives Administrator:

1. Is appointed by and responsible to the Director andhe serves at the pleasure of the Director.

2. Must be appointed on the basis of merit.

3. Is in the classified service, except for thepurposes of removal.

[1:146:1951](NRS A 1960, 443; 1985, 416; 1993, 1580;1997, 3139)

NRS 378.020 StateLibrary and Archives Administrator: Qualifications. TheState Library and Archives Administrator must:

1. Be a graduate of a library school accredited by theAmerican Library Association or be certified by the Academy of CertifiedArchivists; and

2. Have at least 5 years of library or archivalexperience in an administrative capacity.

[3:146:1951](NRS A 1957, 13; 1997, 3139)

NRS 378.050 Biennialreport. The State Library and ArchivesAdministrator shall submit a biennial report to the Governor and theLegislature of the condition, operation and functioning of the State Libraryand Archives.

[Part 6:146:1951; A 1955, 900](NRS A 1985, 122; 1997,3140)

NRS 378.060 Employmentof staff. The State Library and Archives Administratorshall employ such librarians, archivists and other technical, clerical and operationalstaff as the execution of his duties and the maintenance and operation of theState Library and Archives may require.

[4:146:1951](NRS A 1985, 122; 1997, 3140)

NRS 378.070 Hoursof State Library and Archives. The StateLibrary and Archives Administrator may designate the hours that the StateLibrary and Archives must be open for the use of the public, but they must beopen for at least 5 days in each week and for at least 8 hours in each day withthe exception of legal holidays.

[Part 6:146:1951; A 1955, 900](NRS A 1985, 122;1997, 3140)

NRS 378.080 Powersand duties of State Library and Archives Administrator: Operation of StateLibrary and Archives.

1. The State Library and Archives Administrator isresponsible for the State Library and Archives.

2. He shall:

(a) Administer the State Library and Archives inaccordance with the law. The State Library must also be administered inaccordance with good library practice.

(b) Withdraw from the Librarys collection and disposeof items no longer needed.

(c) Maintain the State Library, including theselection, acquisition, circulation and custody of books, periodicals,pamphlets, films, recordings, papers and other materials and equipment.

(d) Maintain a comprehensive collection and referenceservice to meet the reference needs of public officers, departments or agenciesof the State, and other libraries and related agencies.

(e) Make and enforce regulations necessary for theadministration, government and protection of the State Library and all propertybelonging thereto.

(f) Issue official lists of publications of the Stateand other bibliographical and informational publications as appropriate.

3. He may:

(a) Borrow from, lend to and exchange books and otherlibrary and informational materials with other libraries and related agencies.

(b) Accept, administer and distribute, in accordancewith the terms thereof, any money, materials or other aid granted, appropriatedor made available to the state library for library purposes by the UnitedStates or any of its agencies or by any other source, public or private.

[Part 6:146:1951; A 1955, 900](NRS A 1959, 176;1969, 495; 1971, 286; 1973, 426, 1147; 1981, 995; 1985, 122; 1997, 3140)

NRS 378.081 Powersand duties of State Library and Archives Administrator: Responsibility forstatewide program of development and coordination of library and informationalservices.

1. The State Library and Archives Administrator isresponsible for the statewide program of development and coordination oflibrary and informational services.

2. He shall:

(a) Collect, compile and publish statistics andinformation concerning the operation of libraries in this State.

(b) Carry out continuing studies and analyses oflibrary problems.

(c) Maintain a clearinghouse of information, data andother materials in the field of library and informational services.

(d) Provide advice and technical assistance to publiclibraries, other libraries, agencies of the State, political subdivisions,planning groups and other agencies and organizations.

(e) Make available to public libraries advice andtechnical assistance with respect to programs of public relations.

(f) Assist and cooperate with other state agencies andofficials, local governments, federal agencies and organizations in carryingout programs involving library and informational services.

(g) Encourage and assist the efforts of libraries andlocal governments to develop mutual and cooperative solutions to problems withrespect to library and informational services.

(h) Administer such funds as may be made available bythe Legislature for improvement of public library services, interlibrarycooperation or for other library and information-transfer services.

(i) Subject to the approval of local governing bodies,designate certain libraries as resource center libraries and develop andencourage cooperative steps to link these centers with other libraries in areference and information network.

3. He may contract with agencies, organizations,libraries, library schools, boards of education and universities, public andprivate, within or outside this State, for library services, facilities,research or any other related purposes.

(Added to NRS by 1981, 994; A 1997, 3141)

NRS 378.083 Powersand duties of State Library and Archives Administrator: Development ofstandards and statewide master plan for public libraries. The State Library and Archives Administrator shalldevelop:

1. Standards for public libraries which will serve asrecommendations for those libraries with respect to services, resources,personnel and programs to provide sources of information to persons of allages, including handicapped persons and disadvantaged persons, and encouragecontinuing education beyond the years of formal education. The standards musttake into account the differences in size and resources among the publiclibraries of the State.

2. A statewide master plan for public libraries,including plans for levels of library services and resources, which isdeveloped through a continuing process of planning in which representativesfrom public libraries throughout the State participate. The master plan must bedesigned to extend 5 years into the future and must be made current at leastevery 2 years.

(Added to NRS by 1981, 994; A 1997, 3141)

NRS 378.087 Powersand duties of State Library and Archives Administrator: Establishment ofprogram to provide grants to public libraries; amount of grants; regulations;limitations on use of grants.

1. The State Library and Archives Administrator shallestablish a program to provide grants of money to the public libraries of thisState for the purchase or acquisition of books, library materials and computerdatabases. The money must be provided by legislative appropriation, accountedfor separately and administered by the State Library and ArchivesAdministrator.

2. The State Library and Archives Administrator shall,within the limits of legislative appropriation, provide such grants based onthe following:

(a) If the requesting library has a budget formaterials which is $10,000 or less, the requesting library is eligible toreceive a base grant of $1,000, plus a matching grant in an amount that is notmore than 75 percent of its budget for materials.

(b) If the requesting library has a budget formaterials which is more than $10,000 but less than $75,000, the requestinglibrary is eligible to receive a base grant of $5,000, plus a matching grant inan amount that is not more than 50 percent of its budget for materials.

(c) If the requesting library has a budget formaterials which is $75,000 or more but less than $150,000, the requestinglibrary is eligible to receive a base grant of $10,000, plus a matching grantin an amount that is not more than 33 1/3 percent of its budget for materials.

(d) If the requesting library has a budget formaterials which is $150,000 or more but less than $500,000, the requestinglibrary is eligible to receive a base grant of $15,000, plus a matching grantin an amount that is not more than 25 percent of its budget for materials.

(e) If the requesting library has a budget formaterials which is $500,000 or more, the requesting library is eligible toreceive a base grant of $25,000, plus a matching grant in the first year itreceives a grant pursuant to this paragraph in an amount that is not more than10 percent of its budget for materials. The amount of the matching grantprovided in any year may be increased by 10 percent in each succeeding year,except that in no event may the matching grant provided in any year exceed 25percent of the librarys budget for materials in that year.

3. The State Library and Archives Administrator shalladopt such regulations as are necessary to:

(a) Establish a procedure pursuant to which a publiclibrary may apply to receive a grant pursuant to this section;

(b) Determine the eligibility of a public library toreceive such a grant; and

(c) Determine the exact amount of a grant to be awardedto a public library.

4. Money granted pursuant to this section must notsupplant or cause to be reduced any other source of funding for a publiclibrary and must be used exclusively by the public library to purchase oracquire books, library materials and computer databases.

5. For the purposes of this section, public librarydoes not include a library operated within the Nevada System of HigherEducation.

(Added to NRS by 1997, 3252; A 1999, 663)

NRS 378.090 GiftFund for the State Library and Archives. Anygift of money to the State Library and Archives or to the State of Nevada forits library or archives which the State Library and Archives Administrator isauthorized to accept must be deposited in the State Treasury in a fund to beknown as the Gift Fund for the State Library and Archives. This Fund is acontinuing fund without reversion, and money in the Fund must be used for thosepurposes only and expended in accordance with the terms of the gift.

[Part 6:146:1951; A 1955, 900] + [7:146:1951](NRS A1979, 617; 1985, 123; 1997, 3142)

NRS 378.100 Acceptanceof federal money. The State Library and ArchivesAdministrator is authorized to accept and direct the disbursement of moneyappropriated by an act of Congress and apportioned to the State for libraries.That federal money must be deposited in the State Treasury for credit to theappropriate account of the State Library and Archives.

[8a:146:1951; added 1953, 37](NRS A 1981, 260; 1985,123; 1997, 3142)

NRS 378.110 Dispositionof fines. Money collected by the State Libraryand Archives Administrator from fines must be deposited in the appropriatedfund of the State Library and Archives, and may be credited to those budgeteditems designated by the State Library and Archives Administrator.

[8:146:1951](NRS A 1985, 123; 1997, 3142)

NRS 378.120 Chargesfor copy of papers and documents and duplicate of roll of microfilm.

1. The State Library and Archives Administrator maycollect a charge from a person who requests a photostatic copy, or photocopyprint, of a paper or document from the State Library. The amount of the chargemust be set by the State Library and Archives Administrator but may not exceedthe cost of the photographic copying process for any specific paper ordocument.

2. If a person requests a duplicate of a roll of microfilmbelonging to the State Library and Archives, the State Library and Archives isentitled to a fee not to exceed $2 for each duplicate made in excess of thecost of the duplicate. The processor making the duplicate shall collect suchfee for the State Library and Archives. The money collected from such fees mustbe deposited in the State Treasury and credited to the account of the StateLibrary and Archives. The receipts may be expended by the State Library andArchives pursuant to the provisions of law authorizing budgeted expenditures ofmoney not appropriated from the General Fund by various state officers,departments, boards, agencies, commissions and institutions for specific fiscalyears.

[8b:146:1951; added 1955, 75](NRS A 1963, 321; 1985,123; 1997, 3142)

NRS 378.130 Legislativeappropriations. Funds to carry out theprovisions of this chapter must be provided by legislative appropriation fromthe General Fund, and must be paid out on claims as other claims against theState are paid. All claims must be approved by the State Library and ArchivesAdministrator before they are paid.

[9:146:1951](NRS A 1997, 3142)

State Publications Distribution Center

NRS 378.150 Declarationof legislative intent. It is the intent of theLegislature in enacting NRS 378.150 to 378.210, inclusive, that:

1. All state and local government publications bedistributed to designated depository libraries for use by all inhabitants ofthe State; and

2. Designated depository libraries assume theresponsibility for keeping such publications readily accessible for use andrendering assistance, without charge, to patrons using them.

(Added to NRS by 1971, 499)

NRS 378.160 Definitions. As used in NRS 378.150to 378.210, inclusive:

1. Center means the State Publications DistributionCenter created by NRS 378.170.

2. Depository library means a library with which theCenter has entered into an agreement pursuant to NRS 378.190.

3. Local government means every politicalsubdivision or other entity which has the right to levy or receive money fromad valorem or other taxes or any mandatory assessments, and includes, withoutlimitation, counties, cities, towns, boards, school districts and otherdistricts organized pursuant to chapters 244A,309, 318, 379, 474, 541, 543 and 555 of NRS, NRS450.550 to 450.750, inclusive, andany agency or department of a county or city which prepares a budget separatefrom that of the parent political subdivision. The term includes the NevadaRural Housing Authority.

4. Publication includes any information in anyformat or medium that is produced pursuant to the authority of or at the totalor partial expense of a state agency or local government, is required by law tobe distributed by a state agency or local government, or is distributedpublicly by a state agency or local government outside that state agency orlocal government. The term does not include:

(a) Nevada Revised Statutes with annotations;

(b) Nevada Reports;

(c) Bound volumes of the Statutes of Nevada;

(d) Items published by the University of Nevada Pressand other information disseminated by the Nevada System of Higher Educationwhich is not designed for public distribution; or

(e) Official state records scheduled for retention anddisposition pursuant to NRS 239.080.

5. State agency includes the Legislature,constitutional officers or any department, division, bureau, board, commissionor agency of the State of Nevada.

(Added to NRS by 1971, 499; A 1989, 251, 595, 605;1993, 399; 2005, 740)

NRS 378.170 Creation;regulations.

1. There is hereby created within the State Libraryand Archives a State Publications Distribution Center.

2. The State Library and Archives Administrator maymake such regulations as may be necessary to carry out the purposes of theCenter.

(Added to NRS by 1971, 499; A 1985, 124; 1997, 3142)

NRS 378.180 Stateand local agencies to deposit copies of publications when released;notification to Center upon release in electronic format.

1. Every state agency shall:

(a) For each publication of the state agency that waspublished, printed or copied by the state agency itself or by a privateprinter, deposit with the Center, upon release, 12 copies of the publication.

(b) For each publication printed for or on behalf ofthe state agency by the State Printing Office:

(1) In addition to the number of copiesotherwise required by the state agency, request the Division to print 12 copiesof that publication; and

(2) Deposit or request the Division to depositthose additional copies with the Center.

2. Every local government shall, upon release, depositwith the Center at least six copies of each of its publications.

3. Every state agency and local government shall, uponrelease of a publication in an electronic format or medium, notify the Centerof such release and provide the Center with access to the publication.

(Added to NRS by 1971, 499; A 1973, 1472; 1983, 920;1985, 465; 1993, 399, 1580; 1995, 579; 1997, 20; 2005, 741, 1091)

NRS 378.190 Depositoryagreements with other libraries; standards.

1. The Center may enter into depository agreementswith any library in this State that is open and accessible to the generalpublic.

2. The State Library and Archives Administrator shallestablish standards for eligibility as a depository library pursuant tosubsection 1. Such standards may include and take into account, withoutlimitation:

(a) The type of library;

(b) The ability of the library to preserve publicationsand to make them available for public use; and

(c) The geographical location of the library, to assurethat the publications are conveniently accessible to residents in all areas ofthe State.

(Added to NRS by 1971, 500; A 1997, 3143; 2005, 741)

NRS 378.200 Distributionof copies of state and local publications.

1. After receipt of any publication from a stateagency or local government pursuant to NRS378.180, the Center shall distribute copies of that publication todepository libraries.

2. The Center shall retain sufficient copies in theState Library and Archives for preservation and use by the public. Theremaining copies must be used for distribution in accordance with anyagreements entered into with other states and the Library of Congress for theexchange of publications, and for lending to those libraries that are notdepository libraries.

(Added to NRS by 1971, 500; A 1973, 346; 1979, 182;1985, 124; 2005, 741)

NRS 378.210 Centerrequired to post availability of state and local publications. The Center shall make available on the Internet website ofthe State Library and Archives the titles of the publications received by theCenter pursuant to NRS 378.180.

(Added to NRS by 1971, 500; A 2005, 742)

Archives and Records

NRS 378.230 Declarationof legislative intent. It is the intent of theLegislature that the Division, in carrying out its functions, follow accepted:

1. Standards of archival practice to assure maximumaccessibility for the general public; and

2. Procedures for the management of records toincrease the efficiency of the system of governmental records and reduce theadministrative costs associated with the maintenance, use, retention anddisposition of records.

(Added to NRS by 1979, 181; A 1983, 1302; 1985, 124;1993, 1581)

NRS 378.240 Maintenanceof premises for archival material; employees; receipt and availability ofmaterial. The State Library and ArchivesAdministrator shall, within the limits of legislative appropriations:

1. Maintain and properly equip safe and securepremises and vaults at the seat of government for the preservation and use ofmaterial deposited in the archives.

2. Employ persons in the classified service of theState to preserve, index and aid in the use of material deposited in thearchives.

3. Give an appropriate receipt for material receivedby him for the archives.

4. Subject to the provisions of NRS 378.310 and subsection 4 of NRS 239.090, make material deposited in thearchives readily available for use.

5. Receive into the archives any material whendirected to do so by the Committee to Approve Schedules for the Retention andDisposition of Official State Records created pursuant to NRS 239.073.

(Added to NRS by 1979, 181; A 1983, 1303; 1997, 3143)

NRS 378.245 Custodyand preservation of archival material; removal of material from archives.

1. The State Library and Archives Administrator hascustody of and shall carefully preserve in the Division:

(a) The enrolled copy of the Constitution of the Stateof Nevada.

(b) The description of the State Seal and other sealsof which a description may be required to be deposited in the Division.

(c) The proceedings and all papers of the twoConstitutional Conventions held for the purpose of framing a Constitution ofthis State.

(d) The manuscripts containing the enrolled acts andjoint resolutions and journals of the Legislature of this State and theTerritory of Nevada.

(e) The records, papers and documents of Carson County,Utah Territory, and all other books, records and documents which, by the lawsof the Territory of Nevada, were required to be deposited and kept in theoffice of the Secretary of the Territory of Nevada.

(f) All the books, records, parchments, maps,registers, papers and other material required to be deposited or kept in theDivision.

(g) All expired official bonds approved by theGovernor.

2. The State Library and Archives Administrator shallnot permit the original papers and other material to be taken out of thearchives unless he determines that the circumstances ensure the safety andintegrity of the papers and other material.

(Added to NRS by 1985, 1490; A 1987, 1165; 1997,3143)

NRS 378.250 Archivalmaterial of historical value; disposition; expenditure of donated money. The State Library and Archives Administrator may:

1. Receive into the archives material from a stateagency if he finds that it is of historical value.

2. With the approval of the Committee to ApproveSchedules for the Retention and Disposition of Official State Records createdpursuant to NRS 239.073, return to thestate agency from which it was received, material in the archives which he findsis not of historical value.

3. Receive into the archives material which has beendirected to be deposited in the archives by an order or resolution of thegoverning body of a local governmental entity, if he finds that it is ofhistorical value.

4. With the approval of the Committee to ApproveSchedules for the Retention and Disposition of Official State Records, turnover to:

(a) Any agency in the Department; or

(b) The Nevada System of Higher Education,

material inthe archives which he finds to be surplus, not properly in the archives orappropriate to be kept elsewhere.

5. Expend a gift of money he is authorized to acceptfor the purpose specified by the donor or, if no purpose is specified, in amanner which will further the purposes of the Division.

(Added to NRS by 1979, 181; A 1979, 625; 1983, 1303;1987, 1307; 1993, 400; 1997, 3144)

NRS 378.255 Managementand retention of records; recovery of records. TheState Library and Archives Administrator may:

1. Adopt regulations and establish standards,procedures and techniques for the effective management of records.

2. Make continuing surveys of current practices forthe management of records and recommend improvements in those practices,including the use of space, equipment and supplies to create, maintain andstore records.

3. Establish standards for the preparation ofschedules providing for the retention of state records of continuing value andfor the prompt and orderly disposition of state records which no longer possesssufficient administrative, fiscal, legal or research value to warrant theirfurther retention.

4. Establish, maintain and operate a center forstoring and retrieving records for state agencies pending the acceptance of therecords by the Division or the disposition of the records in any other mannerprescribed by law.

5. Establish a program for the control and managementof forms, files, reports, directives and correspondence.

6. Establish a program of planning and preparation toassist state agencies and local governments in providing protection for recordsessential for the continuation or reestablishment of government in the event ofa disaster.

7. Provide advice and technical assistance to stateagencies, local governmental entities and, if requested, the Legislative andJudicial Branches of State Government concerning any aspect of managingrecords.

8. Through the Division, inspect the physical natureof governmental records in the custody of a state or local governmental agencywhich are not confidential or privileged.

9. With the approval of the Committee to ApproveSchedules for the Retention and Disposition of Official State Records createdpursuant to NRS 239.073, bring an actionto obtain possession of the records of a state or local governmental agencywhich are:

(a) Of historical value and are not being properlycared for; or

(b) Privately held.

In an actionto recover a record which is privately held, it is rebuttably presumed that agovernmental record which appears to be the original of a document received orthe file copy of a document made by a governmental agency is governmentalproperty.

(Added to NRS by 1983, 1301; A 1997, 3144)

NRS 378.260 Agreementto maintain material of Secretary of State in archives. The State Library and Archives Administrator may enterinto an agreement with the Secretary of State to keep in the archives materialof which the Secretary of State is required by law to have custody and to preserve.

(Added to NRS by 1979, 181; A 1997, 3145)

NRS 378.270 Furnishingcopies of archival material; fee.

1. Subject to the provisions of NRS 378.310 and subsection 4 of NRS 239.090, the State Library and ArchivesAdministrator shall furnish, on request, to a person who has paid the properfees for it, a copy of material not deemed confidential in the archives, andmay certify it if required.

2. The State Library and Archives Administrator maycharge a reasonable fee for searching archives of the State and for producingcopies of and for certifying copies of material in the archives.

(Added to NRS by 1979, 181; A 1983, 1303; 1997, 3145)

NRS 378.280 Maintenanceof records of Executive Branch; management of records of Department ofTransportation.

1. Except as otherwise provided in subsection 2, theState Library and Archives Administrator shall establish and administer aprogram for the efficient and economical creation, use, maintenance, retention,preservation and disposition of the records of the Executive Branch of theGovernment of the State of Nevada.

2. The Director of the Department of Transportationmay establish his own program for the management of the Departments records,if he confers with the State Library and Archives Administrator regarding theprogram. The program must incorporate generally accepted practices for managingrecords.

(Added to NRS by 1983, 1301; A 1997, 3145)

NRS 378.290 Recordsof Governors Office: Transfer to Division before Governor leaves office;availability for public inspection.

1. The records of the Governors Office, which includecorrespondence sent or received by the Governor or employees of his office inthe performance of governmental duties, are the property of the State of Nevadaand must be transferred to the Division before the Governor leaves office.

2. The Division shall make the records of a formerGovernor available for inspection, except:

(a) If that correspondence identifies or can be readilyassociated with the identity of any person other than a public officer oremployee acting in his official capacity and has been in the possession of theDivision for less than 10 years, the name and facts which identify that personmust be deleted before the correspondence is disclosed, unless the person sonamed or identified is deceased or gives his prior written permission for thedisclosure.

(b) Any records that have been declared by law to beconfidential are not subject to the provisions of this subsection during theperiod of confidentiality specified in NRS378.300.

(c) Any agreement between a former Governor and theDivision made before the passage of this act which provides for a period ofconfidentiality is unaffected by the provisions of this section.

(d) Records of the Governors Office which aretransferred to the Division during the Governors term of office remain in thecustody of the Governor and are not subject to the provisions of thissubsection until after he leaves office.

(Added to NRS by 1983, 1302; A 1995, 241)

NRS 378.300 Periodof confidentiality of confidential public records. Publicrecords acquired by the Division which have been declared by law to be confidentialmust remain confidential for 30 years, or if the record relates to a naturalperson, until his death, whichever is later, unless another period has beenfixed by specific statute.

(Added to NRS by 1983, 1302; A 1995, 242)

NRS 378.310 Restrictionof access to records of constitutional officer upon agreement. Whenever a constitutional officer or former constitutionalofficer has deposited records relating to his office, other than publicrecords, in the Division upon a condition that access to the records berestricted until the end of a specified period, the State Library and ArchivesAdministrator shall maintain the restrictions as prescribed in the agreement, butno such restrictions may validly extend more than 25 years after the creationof the records.

(Added to NRS by 1983, 1301; A 1997, 3145)

NRS 378.320 Destructionof records transferred to Division by agency of State.Except for documents which have been accepted into the archives andover which he is vested with the right of control and possession, the StateLibrary and Archives Administrator shall not destroy a record transferred tothe Division by a state agency unless:

1. He first consults with the proper official of thetransferring agency; and

2. The destruction is carried out in accordance with aschedule for retention and disposal which has been approved by the Committee toApprove Schedules for the Retention and Disposition of Official State Recordscreated pursuant to NRS 239.073.

(Added to NRS by 1983, 1302; A 1997, 3146)

REPOSITORY FOR RECORDS CONCERNING PROGRAMS, ACTIVITIES ANDEVENTS RELATED TO THE PARTICIPATION OF CITIZENS IN THE DEVELOPMENT OF PUBLICPOLICY AND THE IMPROVEMENT OF THE OPERATION OF GOVERNMENT

NRS 378.400 Creation;contents; powers and duties of Director; Advisory Committee.

1. The Repository for Records ConcerningPrograms, Activities and Events Related to the Participation of Citizens in theDevelopment of Public Policy and the Improvement of the Operation of Governmentis hereby created within the Department.

2. The Director shall receive, store and maintain inthe Repository and make available to members of the public materials,information and records submitted to the Department:

(a) In response to a proclamation issued pursuant to NRS 236.035; or

(b) By the Federal Government, any state or localgovernment or any political subdivision thereof reporting the results of anaction taken to increase the extent and quality of the participation ofcitizens in the development of public policy and the improvement of theoperation of government.

3. To maintain and develop the Repository, theDirector may:

(a) Apply for any available grants and accept anygifts, grants or donations; and

(b) Delegate his powers and duties to any person withinthe Department.

4. The Advisory Committee created by NRS 225.240 may advise the Director onmatters concerning the Repository, including, without limitation:

(a) The coordination of public agencies concerningprograms, activities or events designed to increase the extent and quality ofthe participation of the residents of this State in the development of publicpolicy and the improvement of the operation of government at all levels;

(b) The assistance of public agencies in developing suchprograms, activities and events;

(c) The development of effective ways to provideinformation contained in the Repository to members of the public; and

(d) Recommended programs that demonstrate the effectivemethods by which residents of this State may participate in the development ofpublic policy and the improvement of the operations of government at alllevels.

(Added to NRS by 1997, 3276; A 2003, 2259)

 

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