[Rev. 11/21/2013 11:13:26 AM--2013]

TITLE 33 - LIBRARIES; MUSEUMS; HISTORIC PRESERVATION

CHAPTER 378 - STATE LIBRARY AND ARCHIVES

GENERAL PROVISIONS

NRS 378.005           Definitions.

NRS 378.0083         Bequests and gifts unaffected by creation of Division in Department.

DIVISION OF STATE LIBRARY AND ARCHIVES

Administration

NRS 378.010           State Library and Archives Administrator: Appointment; service at pleasure of Director; classification.

NRS 378.020           State Library and Archives Administrator: Qualifications.

NRS 378.050           Biennial report.

NRS 378.060           Employment of staff.

NRS 378.070           Hours of State Library and Archives.

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

NRS 378.081           Powers and duties of State Library and Archives Administrator: Responsibility for statewide program of development and coordination of library and informational services.

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

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

NRS 378.090           Gift Fund for the State Library and Archives: Money to be deposited therein; nature of Fund; disposition of interest and income.

NRS 378.100           Acceptance of federal money.

NRS 378.110           Disposition of fines.

NRS 378.120           Charges for copy of papers and documents and duplicate of roll of microfilm. [Repealed.]

NRS 378.130           Legislative appropriations.

 

Communications Fund; Mailing Room

NRS 378.143           Department of Administration’s Communications Fund: Creation; nature; claims.

NRS 378.146           Department of Administration’s Communications Fund: Revenue.

NRS 378.149           Central Mailing Room: Establishment; maintenance.

 

State Publications Distribution Center

NRS 378.150           Declaration of legislative intent.

NRS 378.160           Definitions.

NRS 378.170           Creation; regulations.

NRS 378.180           State and local agencies to provide electronic version of publications when released; duty to provide paper copies under certain circumstances.

NRS 378.190           Depository agreements with other libraries; standards.

NRS 378.200           Distribution of copies of state and local publications.

NRS 378.210           Center required to post availability of state and local publications.

 

Archives and Records

NRS 378.230           Declaration of legislative intent.

NRS 378.240           Maintenance of premises for archival material; employees; receipt and availability of material.

NRS 378.245           Custody and preservation of archival material; removal of material from archives.

NRS 378.250           Archival material of historical value; disposition; expenditure of donated money.

NRS 378.255           Management and retention of records; provision of microfilming and digital imaging services; inspection of confidential or privileged governmental records; recovery of records.

NRS 378.260           Agreement to maintain material of Secretary of State in archives. [Repealed.]

NRS 378.270           Furnishing copies of archival material; fee.

NRS 378.280           Maintenance of records of Executive Branch; management of records of Department of Transportation.

NRS 378.290           Records of Governor’s Office: Transfer to Division before Governor leaves office; availability for public inspection.

NRS 378.300           Period of confidentiality of confidential public records.

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

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

REPOSITORY FOR RECORDS CONCERNING PROGRAMS, ACTIVITIES AND EVENTS RELATED TO THE PARTICIPATION OF CITIZENS IN THE DEVELOPMENT OF PUBLIC POLICY AND THE IMPROVEMENT OF THE OPERATION OF GOVERNMENT

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

_________

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GENERAL PROVISIONS

      NRS 378.005  Definitions.  As used in this chapter:

      1.  “Department” means the Department of Administration.

      2.  “Director” means the Director of the Department.

      3.  “Division” means the Division of State Library and Archives of the Department.

      (Added to NRS by 1979, 181; A 1983, 1302; 1985, 122; 1993, 1580; 2001, 925; 2011, 2976)

      NRS 378.0083  Bequests and gifts unaffected by creation of Division in Department.  The creation of the Division in the Department does not affect any bequest, devise, endowment, trust, allotment or other gift made to the Division and those gifts inure to the benefit of the Division and remain subject to any conditions or restraints placed on the gifts.

      (Added to NRS by 1993, 1579; A 2011, 2976)

DIVISION OF STATE LIBRARY AND ARCHIVES

Administration

      NRS 378.010  State Library and Archives Administrator: Appointment; service at pleasure of Director; classification.  The State Library and Archives Administrator:

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

      2.  Must be appointed on the basis of merit.

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

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

      NRS 378.020  State Library and Archives Administrator: Qualifications.  The State Library and Archives Administrator must:

      1.  Be a graduate of a library school accredited by the American Library Association or be certified by the Academy of Certified Archivists; and

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

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

      NRS 378.050  Biennial report.  The State Library and Archives Administrator shall submit a biennial report to the Governor and the Legislature of the condition, operation and functioning of the State Library and Archives.

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

      NRS 378.060  Employment of staff.  The State Library and Archives Administrator shall employ such librarians, archivists and other technical, clerical and operational staff as the execution of the duties of the Administrator and the maintenance and operation of the State Library and Archives may require.

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

      NRS 378.070  Hours of State Library and Archives.  The State Library and Archives Administrator may designate the hours that the State Library and Archives must be open for the use of the public.

      [Part 6:146:1951; A 1955, 900]—(NRS A 1985, 122; 1997, 3140; 2009, 617; 2011, 324, 2976)

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

      1.  The State Library and Archives Administrator is responsible for the State Library and Archives.

      2.  The State Library and Archives Administrator shall:

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

      (b) Withdraw from the Library’s collection and dispose of items no longer needed.

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

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

      (e) Make and enforce regulations necessary for the administration, government and protection of the State Library and all property belonging thereto.

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

      3.  The State Library and Archives Administrator may:

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

      (b) Accept, administer and distribute, in accordance with the terms thereof, any money, materials or other aid granted, appropriated or made available to the state library for library purposes by the United States 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  Powers and duties of State Library and Archives Administrator: Responsibility for statewide program of development and coordination of library and informational services.

      1.  The State Library and Archives Administrator is responsible for the statewide program of development and coordination of library and informational services.

      2.  The State Library and Archives Administrator shall:

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

      (b) Carry out continuing studies and analyses of library problems.

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

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

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

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

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

      (h) Administer such funds as may be made available by the Legislature for improvement of public library services, interlibrary cooperation 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 and encourage cooperative steps to link these centers with other libraries in a reference and information network.

      3.  The State Library and Archives Administrator may contract with agencies, organizations, libraries, library schools, boards of education and universities, public and private, 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  Powers and duties of State Library and Archives Administrator: Development of standards and statewide master plan for public libraries.  The State Library and Archives Administrator shall develop:

      1.  Standards for public libraries which will serve as recommendations for those libraries with respect to services, resources, personnel and programs to provide sources of information to persons of all ages, including persons with disabilities and disadvantaged persons, and encourage continuing education beyond the years of formal education. The standards must take into account the differences in size and resources among the public libraries of the State.

      2.  A statewide master plan for public libraries, including plans for levels of library services and resources, which is developed through a continuing process of planning in which representatives from public libraries throughout the State participate. The master plan must be designed to extend 5 years into the future and must be made current at least every 2 years.

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

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

      1.  The State Library and Archives Administrator shall establish a program to provide grants of money to the public libraries of this State for the purchase or acquisition of books, library materials and computer databases. The money must be provided by legislative appropriation, accounted for separately and administered by the State Library and Archives Administrator.

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

      (a) If the requesting library has a budget for materials which is $10,000 or less, the requesting library is eligible to receive a base grant of $1,000, plus a matching grant in an amount that is not more than 75 percent of its budget for materials.

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

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

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

      (e) If the requesting library has a budget for materials which is $500,000 or more, the requesting library is eligible to receive a base grant of $25,000, plus a matching grant in the first year it receives a grant pursuant to this paragraph in an amount that is not more than 10 percent of its budget for materials. The amount of the matching grant provided 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 25 percent of the library’s budget for materials in that year.

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

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

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

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

      4.  Money granted pursuant to this section must not supplant or cause to be reduced any other source of funding for a public library and must be used exclusively by the public library to purchase or acquire books, library materials and computer databases.

      5.  For the purposes of this section, “public library” does not include a library operated within the Nevada System of Higher Education.

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

      NRS 378.090  Gift Fund for the State Library and Archives: Money to be deposited therein; nature of Fund; disposition of interest and income.  Any gift of money to the State Library and Archives or to the State of Nevada for its library or archives which the State Library and Archives Administrator is authorized to accept must be deposited in the State Treasury in a fund to be known as the Gift Fund for the State Library and Archives. This Fund is a continuing fund without reversion, and money in the Fund must be used for those purposes only and expended in accordance with the terms of the gift. Any interest and income earned on the money in the Fund, after deducting any applicable charges, must be credited to the Fund.

      [Part 6:146:1951; A 1955, 900] + [7:146:1951]—(NRS A 1979, 617; 1985, 123; 1997, 3142; 2011, 26)

      NRS 378.100  Acceptance of federal money.  The State Library and Archives Administrator is authorized to accept and direct the disbursement of money appropriated 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 the appropriate account of the State Library and Archives.

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

      NRS 378.110  Disposition of fines.  Money collected by the State Library and Archives Administrator from fines must be deposited in the appropriated fund of the State Library and Archives, and may be credited to those budgeted items designated by the State Library and Archives Administrator.

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

      NRS 378.120  Charges for copy of papers and documents and duplicate of roll of microfilm.  Repealed. (See chapter 18, Statutes of Nevada 2013, at page 58.)

 

      NRS 378.130  Legislative appropriations.  Funds to carry out the provisions of this chapter must be provided by legislative appropriation from the General Fund, and must be paid out on claims as other claims against the State are paid. All claims must be approved by the State Library and Archives Administrator before they are paid.

      [9:146:1951]—(NRS A 1997, 3142)

Communications Fund; Mailing Room

      NRS 378.143  Department of Administration’s Communications Fund: Creation; nature; claims.

      1.  The Department of Administration’s Communications Fund is hereby created as an internal service fund. The Fund is a continuing fund, and its money may not revert to the State General Fund at any time.

      2.  Claims against the Fund which are approved by the State Library and Archives Administrator must be paid as other claims against the State are paid.

      3.  Claims must be made in accordance with budget and quarterly work allotments and subject to postaudit examination and approval.

      (Added to NRS by 2011, 2975)

      NRS 378.146  Department of Administration’s Communications Fund: Revenue.

      1.  All revenue resulting from:

      (a) Postage sold to state officers, departments and agencies; and

      (b) Charges for proportionate costs of mail service operation,

Ê must be deposited in the State Treasury for credit to the Communications Fund created by NRS 378.143.

      2.  The formula for spreading costs of operation must be adjusted from time to time to preserve the Fund at not less than its initial level.

      (Added to NRS by 2011, 2975)

      NRS 378.149  Central Mailing Room: Establishment; maintenance.

      1.  The Division shall establish and conduct a Central Mailing Room for all state officers, departments and agencies located at Carson City, Nevada.

      2.  Any state officer, department or agency may use the Central Mailing Room facilities if the state officer, department or agency pays the cost of such use as determined by the Division.

      3.  The staff of the Central Mailing Room shall deliver incoming mail and pick up and process outgoing mail, except outgoing parcel post from the Legal Division of the Legislative Counsel Bureau, other than interoffice mail, of all state officers, departments and agencies using the Central Mailing Room facilities.

      (Added to NRS by 2011, 2976)

State Publications Distribution Center

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

      1.  All state and local government publications be distributed to designated depository libraries for use by all inhabitants of the State; and

      2.  Designated depository libraries assume the responsibility for keeping such publications readily accessible for use and rendering assistance, without charge, to patrons using them.

      (Added to NRS by 1971, 499)

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

      1.  “Center” means the State Publications Distribution Center created by NRS 378.170.

      2.  “Depository library” means a library with which the Center has entered into an agreement pursuant to NRS 378.190.

      3.  “Local government” means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 309, 318, 379, 474, 541, 543 and 555 of NRS, NRS 450.550 to 450.750, inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision. The term includes the Nevada Rural Housing Authority.

      4.  “Publication” includes any information in any format or medium that is produced pursuant to the authority of or at the total or partial expense of a state agency or local government, is required by law to be distributed by a state agency or local government, or is distributed publicly by a state agency or local government outside that state agency or local 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 Press and other information disseminated by the Nevada System of Higher Education which is not designed for public distribution;

      (e) Official state records scheduled for retention and disposition pursuant to NRS 239.080; or

      (f) Records of a local government which have been scheduled for disposition pursuant to NRS 239.124 or retention pursuant to NRS 239.125.

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

      (Added to NRS by 1971, 499; A 1989, 251, 595, 605; 1993, 399; 2005, 740; 2013, 516)

      NRS 378.170  Creation; regulations.

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

      2.  The State Library and Archives Administrator:

      (a) Except as otherwise provided in paragraph (b), may adopt such regulations as may be necessary to carry out the purposes of the Center.

      (b) Shall adopt regulations prescribing the procedures for submitting an electronic version of a publication to the Center pursuant to NRS 378.180.

      (Added to NRS by 1971, 499; A 1985, 124; 1997, 3142; 2013, 517)

      NRS 378.180  State and local agencies to provide electronic version of publications when released; duty to provide paper copies under certain circumstances.

      1.  Except as otherwise provided in this subsection, every state agency shall, upon release of each of its publications, provide the Center with an electronic version of the publication. If a publication is available only in paper form, the state agency shall deposit 10 copies of the publication with the Center.

      2.  Except as otherwise provided in this subsection, every local government shall, upon release of each of its publications, provide the Center with an electronic version of the publication. If a publication is available only in paper form, the local government shall deposit six copies of the publication with the Center.

      3.  If a publication is available only in paper form at the time copies are deposited with the Center pursuant to subsection 1 or 2, every state agency and local government shall, upon release of the publication in an electronic format or medium, provide the Center with an electronic version of the publication.

      4.  If a state agency or local government provides an electronic version of a publication to the Center pursuant to this section, the state agency or local government shall:

      (a) Include, in a conspicuous location at or near the beginning of the publication, the date on which the publication was initially released by the state agency or local government; and

      (b) Submit the electronic version of the publication in accordance with regulations adopted by the State Library and Archives Administrator pursuant to NRS 378.170.

      (Added to NRS by 1971, 499; A 1973, 1472; 1983, 920; 1985, 465; 1993, 399, 1580; 1995, 579; 1997, 20; 2005, 741, 1091; 2013, 517)

      NRS 378.190  Depository agreements with other libraries; standards.

      1.  The Center may enter into depository agreements with any library in this State that is open and accessible to the general public.

      2.  The State Library and Archives Administrator shall establish standards for eligibility as a depository library pursuant to subsection 1. Such standards may include and take into account, without limitation:

      (a) The type of library;

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

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

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

      NRS 378.200  Distribution of copies of state and local publications.

      1.  After receipt of any publication from a state agency or local government pursuant to NRS 378.180, the Center shall distribute copies of that publication to depository libraries.

      2.  The Center shall retain sufficient copies in the State Library and Archives for preservation and use by the public. The remaining copies must be used for distribution in accordance with any agreements entered into with other states and the Library of Congress for the exchange of publications, and for lending to those libraries that are not depository libraries.

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

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

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

Archives and Records

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

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

      2.  Procedures for the management of records to increase the efficiency of the system of governmental records and reduce the administrative costs associated with the maintenance, use, retention and disposition of records.

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

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

      1.  Maintain and properly equip safe and secure premises and vaults at the seat of government for the preservation and use of material deposited in the archives.

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

      3.  Give an appropriate receipt for material received by him or her for the archives.

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

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

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

      NRS 378.245  Custody and preservation of archival material; removal of material from archives.

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

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

      (b) The proceedings and all papers of the two Constitutional Conventions held for the purpose of framing a Constitution of this State.

      (c) The manuscripts containing the enrolled acts and joint resolutions and journals of the Legislature of this State and the Territory of Nevada.

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

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

      2.  The State Library and Archives Administrator shall not permit the original papers and other material to be taken out of the archives unless he or she determines that the circumstances ensure the safety and integrity of the papers and other material.

      (Added to NRS by 1985, 1490; A 1987, 1165; 1997, 3143; 2013, 54)

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

      1.  Receive into the archives material from a state agency if the State Library and Archives Administrator finds that it is of historical value.

      2.  With the approval of the Committee to Approve Schedules for the Retention and Disposition of Official State Records created pursuant to NRS 239.073, return to the state agency from which it was received, material in the archives which the State Library and Archives Administrator finds is not of historical value.

      3.  Receive into the archives material which has been directed to be deposited in the archives by an order or resolution of the governing body of a local governmental entity, if the State Library and Archives Administrator finds that it is of historical value.

      4.  With the approval of the Committee to Approve Schedules for the Retention and Disposition of Official State Records, turn over to:

      (a) Any agency in the Department; or

      (b) The Nevada System of Higher Education,

Ê material in the archives which the State Library and Archives Administrator finds to be surplus, not properly in the archives or appropriate to be kept elsewhere.

      5.  Expend a gift of money the State Library and Archives Administrator is authorized to accept for the purpose specified by the donor or, if no purpose is specified, in a manner 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  Management and retention of records; provision of microfilming and digital imaging services; inspection of confidential or privileged governmental records; recovery of records.  The State 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 for the management of records and recommend improvements in those practices, including the use of space, equipment and supplies to create, maintain and store records.

      3.  Establish standards for the preparation of schedules providing for the retention of state records of continuing value and for the prompt and orderly disposition of state records which no longer possess sufficient administrative, fiscal, legal or research value to warrant their further retention.

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

      5.  Establish a program for providing microfilming and digital imaging services for the records of the Legislative and Judicial Branches of State Government, upon request.

      6.  Establish a program of planning and preparation to assist state agencies and local governments in providing protection for records essential for the continuation or re-establishment of government in the event of a disaster.

      7.  Provide advice and technical assistance to state agencies, local governmental agencies and, if requested, the Legislative and Judicial Branches of State Government concerning any aspect of managing records.

      8.  Through the Division, inspect the physical nature of, and information contained in, governmental records in the custody of a state or local governmental agency which are not confidential or privileged.

      9.  Through the Division, inspect the physical nature of, and information contained in, confidential or privileged governmental records in the custody of a state or local governmental agency if the inspection is necessary to carry out the provisions of subsection 3, 5, 6 or 7 and if the inspection is not prohibited by any federal law or regulation. Inspections must be logged as required pursuant to NRS 239C.230. The Division shall not disclose any confidential or privileged information in governmental records inspected pursuant to this subsection, and such inspection does not alter, affect, abrogate or waive the confidential or privileged status of the information.

      10.  With the approval of the Committee to Approve Schedules for the Retention and Disposition of Official State Records created pursuant to NRS 239.073, bring an action to obtain possession of the records of a state or local governmental agency which are:

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

      (b) Privately held.

Ê In an action to recover a record which is privately held, it is rebuttably presumed that a governmental record which appears to be the original of a document received or the file copy of a document made by a governmental agency is governmental property.

      (Added to NRS by 1983, 1301; A 1997, 3144; 2013, 54)

      NRS 378.260  Agreement to maintain material of Secretary of State in archives.  Repealed. (See chapter 18, Statutes of Nevada 2013, at page 58.)

 

      NRS 378.270  Furnishing copies of archival material; fee.

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

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

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

      NRS 378.280  Maintenance of records of Executive Branch; management of records of Department of Transportation.

      1.  Except as otherwise provided in subsection 2, the State Library and Archives Administrator shall establish and administer a program for the efficient and economical creation, use, maintenance, retention, preservation, including, without limitation, microfilming and digital imaging, and disposition of the records of the Executive Branch of the Government of the State of Nevada.

      2.  The Director of the Department of Transportation may establish a program for the management of the Department’s records, if the Director confers with the State Library and Archives Administrator regarding the program. The program must incorporate generally accepted practices for managing records.

      (Added to NRS by 1983, 1301; A 1997, 3145; 2013, 55)

      NRS 378.290  Records of Governor’s Office: Transfer to Division before Governor leaves office; availability for public inspection.

      1.  The records of the Governor’s Office, which include correspondence sent or received by the Governor or employees of the office in the performance of governmental duties, are the property of the State of Nevada and must be transferred to the Division before the Governor leaves office.

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

      (a) If that correspondence identifies or can be readily associated with the identity of any person other than a public officer or employee acting in an official capacity and has been in the possession of the Division for less than 10 years, the name and facts which identify that person must be deleted before the correspondence is disclosed, unless the person so named or identified is deceased or gives prior written permission for the disclosure.

      (b) Any records that have been declared by law to be confidential are not subject to the provisions of this subsection during the period of confidentiality specified in NRS 378.300.

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

      (d) Records of the Governor’s Office which are transferred to the Division during the Governor’s term of office remain in the custody of the Governor and are not subject to the provisions of this subsection until after he or she leaves office.

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

      NRS 378.300  Period of confidentiality of confidential public records.  Except as otherwise provided in NRS 239.0115, public records acquired by the Division which have been declared by law to be confidential must remain confidential for 30 years or, if the record relates to a natural person, until the death of the natural person, whichever is later, unless another period has been fixed by specific statute.

      (Added to NRS by 1983, 1302; A 1995, 242; 2007, 2096)

      NRS 378.310  Restriction of access to records of constitutional officer upon agreement.  Whenever a constitutional officer or former constitutional officer has deposited records relating to the office, other than public records, in the Division upon a condition that access to the records be restricted until the end of a specified period, the State Library and Archives Administrator shall maintain the restrictions as prescribed in the agreement, but no such restrictions may validly extend more than 25 years after the creation of the records.

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

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

      1.  The State Library and Archives Administrator first consults with the proper official of the transferring agency; and

      2.  The destruction is carried out in accordance with a schedule for retention and disposal which has been approved by the Committee to Approve Schedules for the Retention and Disposition of Official State Records created pursuant to NRS 239.073.

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

REPOSITORY FOR RECORDS CONCERNING PROGRAMS, ACTIVITIES AND EVENTS RELATED TO THE PARTICIPATION OF CITIZENS IN THE DEVELOPMENT OF PUBLIC POLICY AND THE IMPROVEMENT OF THE OPERATION OF GOVERNMENT

      NRS 378.400  Creation; contents; powers and duties of Director; Advisory Committee.  Repealed. (See chapter 18, Statutes of Nevada 2013, at page 58.)