[Rev. 11/21/2013 4:18:01 PM--2013]

[NAC-378 Revised Date: 4-12]

CHAPTER 378 - STATE LIBRARY AND ARCHIVES

ARCHIVES

378.010            State Archivist: Appointment.

378.020            State Archivist: Duties.

378.030            Division of State Library and Archives: Duties.

378.040            Division of State Library and Archives: Receipt of records.

CONSTRUCTION AND EXPANSION OF PUBLIC LIBRARIES

378.050            Proposal for grant: Submission; contents.

378.060            Evaluation of proposal.

378.070            Approval or disapproval of proposal.

378.080            Inspections, reports and examinations.

GRANTS TO PUBLIC LIBRARIES FOR PURCHASE OR ACQUISITION OF BOOKS, LIBRARY MATERIALS AND COMPUTER DATABASES

378.150            Application.

378.160            Eligibility.

378.170            Determination of amount awarded.

 

 

 

ARCHIVES

      NAC 378.010  State Archivist: Appointment. (NRS 378.255, 378.280)  The State Library and Archives Administrator will appoint a State Archivist, who will be in the classified service of the State.

     [St. Librarian, Div. of Archives Reg. No. 1, eff. 2-5-82]

      NAC 378.020  State Archivist: Duties. (NRS 378.255, 378.280)

     1.  The State Archivist shall, subject to the control of the State Library and Archives Administrator, carry out the archival record function of the Division of State Library and Archives of the Department of Administration and manage the material in the archives.

     2.  The State Archivist shall assist state agencies and local governments in developing systems for:

     (a) The preservation of governmental records having historical value; and

     (b) The retrieval of information not declared by law to be confidential from those records for the benefit of researchers and other members of the general public.

     [St. Librarian, Div. of Archives Reg. Nos. 2 & 3, eff. 2-5-82]—(NAC A 6-23-86; A by Library & Archives Admin’r by R090-06, 6-1-2006)

      NAC 378.030  Division of State Library and Archives: Duties. (NRS 378.255, 378.280)

     1.  The Division of State Library and Archives of the Department of Administration shall provide the general public with the services of research and retrieval of information for materials which are deposited within the archives and referrals for materials which are deposited outside the archives.

     2.  The Division may preserve the private material of any public officer of this State or any of its political subdivisions if the material has been made available to the Division for that purpose.

     [St. Librarian, Div. of Archives Reg. Nos. 4 & 5, eff. 2-5-82]—(NAC A 6-23-86)

      NAC 378.040  Division of State Library and Archives: Receipt of records. (NRS 378.255, 378.280)  The State Library and Archives Administrator will receive into the archives any record generated by the State or any of its political subdivisions if the record:

     1.  Has a sufficient administrative, fiscal, legal or other value or is necessary in conducting research;

     2.  Documents an agency’s organization, function, policies, decisions, procedures, operations and essential transactions; or

     3.  Is necessary to protect the financial and legal rights of persons directly affected by an agency’s activities.

     [St. Librarian, Div. of Archives Reg. No. 6, eff. 2-5-82]

CONSTRUCTION AND EXPANSION OF PUBLIC LIBRARIES

      NAC 378.050  Proposal for grant: Submission; contents. (§ 3 of ch. 328, Stats. 1983)  A local governmental entity that desires a grant to build or expand a public library shall submit its proposal to the State Library and Archives Administrator. The proposal must include:

     1.  A statement of the source of the local share of financing based on the formula specified in section 4 of chapter 328, Statutes of Nevada 1983.

     2.  Verification that sufficient local resources are available to meet the local share of the cost of the project.

     3.  An estimate of the total cost of the project.

     4.  Certified copies of all deeds or other evidences of title to real property for the project if the property has already been acquired.

     5.  A program for construction developed by a librarian.

     6.  A description of the project and proposals for its management.

     7.  Preliminary architectural plans if they have been drawn.

     8.  A description of the location of the project, including its relationship to existing facilities.

     (Added to NAC by St. Librarian, eff. 12-30-85)

      NAC 378.060  Evaluation of proposal. (§ 3 of ch. 328, Stats. 1983)  The State Library and Archives Administrator will evaluate each proposal to determine if the:

     1.  Proposed project corresponds to the needs of the community.

     2.  Proposed project conforms to the local master plan for the library and the statewide master plan.

     3.  Proposed facility is designed for ease of access and use by the public.

     4.  Applicant demonstrates that there is local support sufficient to maintain the programs for which the facility is intended.

     5.  Proposal includes using an experienced librarian to develop a program for construction of the project and to communicate with the architects and contractors throughout the period of construction.

     6.  Project will conform to all applicable local and state requirements for construction.

     7.  Cost per square foot corresponds to standard costs in that area for similar buildings.

     (Added to NAC by St. Librarian, eff. 12-30-85)

      NAC 378.070  Approval or disapproval of proposal. (§ 3 of ch. 328, Stats. 1983)

     1.  If the State Library and Archives Administrator approves the proposal, it will be forwarded to the State Council on Libraries and Literacy for its recommendation.

     2.  If an application submitted by the State Library and Archives Administrator is approved by the Interim Finance Committee, the State Library and Archives Administrator will send the applicant a letter:

     (a) Stating the intention of the State of Nevada to approve the project subject to the applicant’s continuing ability to meet local, state and federal requirements.

     (b) Specifying the sources of financing for the project including the share from general obligation bonds of the State of Nevada.

     3.  If a proposal is not approved by the State Library and Archives Administrator, the applicant will be provided an opportunity to discuss the reasons for denial and, if possible, to amend the proposal so that it may be approved.

     (Added to NAC by St. Librarian, eff. 12-30-85)

      NAC 378.080  Inspections, reports and examinations. (§ 3 of ch. 328, Stats. 1983)

     1.  A local governmental entity which receives a grant shall:

     (a) Make available for inspection during regular business hours all of its books, accounts and other records relating to the project; and

     (b) Submit quarterly reports on the progress of the project.

     2.  The State Library and Archives Administrator will conduct such examinations of the records as necessary to determine compliance with federal, state and local requirements.

     (Added to NAC by St. Librarian, eff. 12-30-85)

GRANTS TO PUBLIC LIBRARIES FOR PURCHASE OR ACQUISITION OF BOOKS, LIBRARY MATERIALS AND COMPUTER DATABASES

      NAC 378.150  Application. (NRS 378.087)

     1.  To receive a grant for the purchase or acquisition of books, library materials and computer databases pursuant to NRS 378.087, a public library must apply annually to the State Library and Archives Administrator on a form provided by the State Library and Archives Administrator.

     2.  Each application submitted pursuant to subsection 1 must include:

     (a) A brief description of the manner in which the requesting library will use the money from the grant.

     (b) A statement from the requesting library certifying the amount of money that the library expended for books, library materials and computer databases during the fiscal year which began 2 years before the date on which the fiscal year in which the money for the grant will be allocated began.

     (c) A statement from the requesting library certifying that the library:

          (1) Meets or exceeds the standards for public libraries established by the State Library and Archives Administrator pursuant to subsection 1 of NRS 378.083; or

          (2) Has filed a plan with the State Library and Archives Administrator for meeting the standards for public libraries established by the State Library and Archives Administrator pursuant to subsection 1 of NRS 378.083 within 5 years after the date on which the plan was filed.

     (d) Statements from the library certifying that the library:

          (1) Has not included any nonmonetary gifts or donations or money from the State or the Federal Government that it received during the fiscal year which began 2 years before the date on which the fiscal year in which the money for the grant will be allocated began in calculating its request for a matching grant;

          (2) Will use the money from the grant exclusively for the purpose of purchasing or acquiring books, library materials and computer databases; and

          (3) Will not use the money from the grant to:

               (I) Supplant any other source of money for the library; or

               (II) Cause the reduction of any other source of money for the library.

     (Added to NAC by Library & Archives Admin’r by R152-97, eff. 3-6-98)

      NAC 378.160  Eligibility. (NRS 378.087)  A library is eligible for a grant pursuant to NRS 378.087 if the library:

     1.  Is a public library established pursuant to NRS 379.010, 379.021, 379.0221 or 379.070 or section 2.310 of the North Las Vegas city charter; and

     2.  Submits the application required pursuant to NAC 378.150.

     (Added to NAC by Library & Archives Admin’r by R152-97, eff. 3-6-98)

      NAC 378.170  Determination of amount awarded. (NRS 378.087)

     1.  Except as otherwise provided in this section, the State Library and Archives Administrator shall determine the exact amount of a grant to be awarded to each eligible library pursuant to the formula set forth in subsection 2 of NRS 378.087.

     2.  If the appropriation of the Legislature for grants is insufficient to provide the money necessary for the base grants requested by the eligible libraries, the State Library and Archives Administrator will reduce the base grants for each eligible library by an equal percentage.

     3.  If the appropriation of the Legislature for grants is insufficient to provide the money necessary for the matching grants requested by the eligible libraries, the State Library and Archives Administrator will reduce the matching grants for each eligible library by an equal percentage.

     (Added to NAC by Library & Archives Admin’r by R152-97, eff. 3-6-98)