[Rev. 11/21/2013 3:26:13 PM--2013]

CHAPTER 721 - ELECTRONIC LEGAL MATERIAL (UNIFORM ACT)

NRS 721.010           Short title. [Effective January 1, 2014.]

NRS 721.020           Definitions. [Effective January 1, 2014.]

NRS 721.030           “Electronic” defined. [Effective January 1, 2014.]

NRS 721.040           “Legal material” defined. [Effective January 1, 2014.]

NRS 721.050           “Official publisher” defined. [Effective January 1, 2014.]

NRS 721.060           “Publish” defined. [Effective January 1, 2014.]

NRS 721.070           “Record” defined. [Effective January 1, 2014.]

NRS 721.080           “State” defined. [Effective January 1, 2014.]

NRS 721.090           Scope. [Effective January 1, 2014.]

NRS 721.100           Duties of official publisher: Designation of official record. [Effective January 1, 2014.]

NRS 721.110           Authentication of electronic record. [Effective January 1, 2014.]

NRS 721.120           Authenticated material presumed to be accurate copy; burden of proving material is not authentic. [Effective January 1, 2014.]

NRS 721.130           Official publisher to preserve electronic record. [Effective January 1, 2014.]

NRS 721.140           Official publisher to make electronic record available to public. [Effective January 1, 2014.]

NRS 721.150           Administration and standards. [Effective January 1, 2014.]

NRS 721.160           Application and construction: Promotion of uniformity. [Effective January 1, 2014.]

NRS 721.170           Relation to Electronic Signatures in Global and National Commerce Act. [Effective January 1, 2014.]

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      NRS 721.010  Short title. [Effective January 1, 2014.]  This chapter may be cited as the Uniform Electronic Legal Material Act.

      (Added to NRS by 2013, 253, effective January 1, 2014)

      NRS 721.020  Definitions. [Effective January 1, 2014.]  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 721.030 to 721.080, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2013, 253, effective January 1, 2014)

      NRS 721.030  “Electronic” defined. [Effective January 1, 2014.]  “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.

      (Added to NRS by 2013, 253, effective January 1, 2014)

      NRS 721.040  “Legal material” defined. [Effective January 1, 2014.]  “Legal material” means, whether or not in effect:

      1.  The Nevada Constitution;

      2.  The Statutes of Nevada;

      3.  The Nevada Revised Statutes; and

      4.  The Nevada Administrative Code.

      (Added to NRS by 2013, 253, effective January 1, 2014)

      NRS 721.050  “Official publisher” defined. [Effective January 1, 2014.]  “Official publisher” means the Legislative Counsel Bureau.

      (Added to NRS by 2013, 253, effective January 1, 2014)

      NRS 721.060  “Publish” defined. [Effective January 1, 2014.]  “Publish” means to be displayed, presented or released to the public, or cause to be displayed, presented or released to the public, by the official publisher.

      (Added to NRS by 2013, 253, effective January 1, 2014)

      NRS 721.070  “Record” defined. [Effective January 1, 2014.]  “Record” means information which is inscribed on a tangible medium or which is stored in an electronic or other medium and is retrievable in perceivable form.

      (Added to NRS by 2013, 254, effective January 1, 2014)

      NRS 721.080  “State” defined. [Effective January 1, 2014.]  “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

      (Added to NRS by 2013, 254, effective January 1, 2014)

      NRS 721.090  Scope. [Effective January 1, 2014.]  The provisions of this chapter apply to all legal material in an electronic record which is designated as official under NRS 721.100 and which is first published electronically on or after January 1, 2014.

      (Added to NRS by 2013, 254, effective January 1, 2014)

      NRS 721.100  Duties of official publisher: Designation of official record. [Effective January 1, 2014.]

      1.  If the official publisher publishes legal material only in an electronic record, the official publisher shall:

      (a) Designate the electronic record as official; and

      (b) Meet the requirements of NRS 721.110, 721.130 and 721.140.

      2.  The official publisher that publishes legal material in a record other than an electronic record may designate an electronic record as official if the requirements of NRS 721.110, 721.130 and 721.140 are met.

      (Added to NRS by 2013, 254, effective January 1, 2014)

      NRS 721.110  Authentication of electronic record. [Effective January 1, 2014.]  The official publisher of legal material in an electronic record that is designated as official under NRS 721.100 shall authenticate the record. To authenticate an electronic record, the official publisher shall provide a method for a user to determine that the record received by the user from the official publisher is unaltered from the official record published by the official publisher.

      (Added to NRS by 2013, 254, effective January 1, 2014)

      NRS 721.120  Authenticated material presumed to be accurate copy; burden of proving material is not authentic. [Effective January 1, 2014.]

      1.  Legal material in an electronic record that is authenticated under NRS 721.110 is presumed to be an accurate copy of the legal material.

      2.  If another state has adopted an act substantially similar to this chapter, legal material in an electronic record designated as official and authenticated by that state is presumed to be an accurate copy of that legal material.

      3.  A party contesting the authentication of legal material has the burden of proving by a preponderance of the evidence that the legal material is not authentic.

      (Added to NRS by 2013, 254, effective January 1, 2014)

      NRS 721.130  Official publisher to preserve electronic record. [Effective January 1, 2014.]

      1.  The official publisher of legal material in an electronic record that is or was designated as official under NRS 721.100 shall provide for the preservation and security of the record in an electronic form or a form that is not electronic.

      2.  If legal material is preserved in an electronic record, the official publisher shall:

      (a) Ensure the integrity of the record;

      (b) Provide for backup and disaster recovery of the record; and

      (c) Ensure the continuing usability of the material.

      (Added to NRS by 2013, 254, effective January 1, 2014)

      NRS 721.140  Official publisher to make electronic record available to public. [Effective January 1, 2014.]  The official publisher of legal material in an electronic record that must be preserved under NRS 721.130 shall ensure that the material is reasonably available for use by the public on a permanent basis.

      (Added to NRS by 2013, 254, effective January 1, 2014)

      NRS 721.150  Administration and standards. [Effective January 1, 2014.]  In implementing this chapter, the official publisher of legal material shall consider:

      1.  Standards and practices of other jurisdictions;

      2.  The most recent standards regarding authentication of, preservation and security of, and public access to, legal material in an electronic record and other electronic records, as promulgated by national standard-setting bodies;

      3.  The needs of users of legal material in an electronic record;

      4.  The views of governmental officials and entities and other interested persons; and

      5.  To the extent practicable, the use of methods and technologies for the authentication of, preservation and security of, and public access to, legal material that are in harmony and compatible with the methods and technologies used in other states that have adopted the Uniform Electronic Legal Material Act.

      (Added to NRS by 2013, 254, effective January 1, 2014)

      NRS 721.160  Application and construction: Promotion of uniformity. [Effective January 1, 2014.]  In applying and construing the Uniform Electronic Legal Material Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

      (Added to NRS by 2013, 255, effective January 1, 2014)

      NRS 721.170  Relation to Electronic Signatures in Global and National Commerce Act. [Effective January 1, 2014.]  This act modifies, limits or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but does not modify, limit or supersede Section 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. § 7003(b).

      (Added to NRS by 2013, 255, effective January 1, 2014)