(REPRINTED WITH ADOPTED AMENDMENTS) SECOND REPRINT
Assembly Bill No. 66-Committee on Government Affairs
(On Behalf of the Nevada State Library and Archives)
January 27, 1997
____________
Referred to Committee on Government Affairs
SUMMARY--Makes various changes regarding committee to approve schedules for retention and disposition of official state records. (BDR 19-454)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to public records; increasing the number of members of the committee to approve schedules for the retention and disposition of official state records; requiring the committee to advise local governmental entities regarding the retention and disposition of official records of local governmental entities; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
~^
Section 1. NRS 239.005 is hereby amended to read as follows:
239.005 As used in this chapter:
1. "Committee" means the committee to approve schedules for the retention and disposition of official [state] governmental records; and
2. "Division" means the division of state library and archives of the department of museums, library and arts.
Sec. 2. NRS 239.073 is hereby amended to read as follows:
239.073 1. The committee to approve schedules for the retention and disposition of official [state] governmental records, consisting of [six] seven members, is hereby created.
2. The committee consists of:
(a) The secretary of state;
(b) The attorney general;
(c) The director of the department of administration;
(d) The state librarian;
(e) The director of the department of information services; [and]
(f) One member appointed by the governor who is a representative of a local governmental entity and is knowledgeable about issues relating to the retention and disposition of official records of local governmental entities; and
(g) One member who is a representative of the general public appointed by the governor.
All members of the committee, except the [representative of the general public,] members appointed pursuant to paragraphs (f) and (g), are ex officio members of the committee.
3. The secretary of state or a person designated by him shall serve as chairman of the committee. The state librarian shall serve as secretary of the committee and prepare and maintain the records of the committee.
4. The committee shall meet at least quarterly and may meet upon the call of the chairman.
5. An ex officio member of the committee may designate a person to represent him at any meeting of the committee. The person designated may exercise all the duties, rights and privileges of the member he represents.
6. The committee may adopt rules and regulations for its management.
Sec. 3. NRS 239.077 is hereby amended to read as follows:
239.077 The committee shall:
1. Review and approve or disapprove the schedules for the retention and disposition of the official state records of each agency, board and commission which is required to develop those schedules pursuant to NRS 239.080.
2. Advise the division and local governmental entities concerning the development and use of schedules for the retention and disposition of official state records [.] and official records of local governmental entities.
Sec. 4. NRS 239.123 is hereby amended to read as follows:
239.123 1. As an alternative to the destruction of old records, the records, with the consent of the governing body and the state librarian, may be submitted to the division.
2. The custodian of records shall maintain an accounting of all old records disposed of pursuant to subsection 1, indicating the nature or identity of the records as well as the date of submission to the division.
3. The division may return the records so submitted, or any part thereof, if they have no historical or permanent value.
4. Records so submitted may be reclaimed, in whole or in part, by the local [government] governmental entity if:
(a) The division did not acquire title to them in an agreement between the state librarian and the local [government;] governmental entity; and
(b) The local [government] governmental entity serves written notice upon the division of its intention to reclaim the records and pays the cost of transportation for the return.
Sec. 5. NRS 239.125 is hereby amended to read as follows:
239.125 1. A local governmental entity may establish a program for the management of official records, including [the] :
(a) The adoption of schedules for the retention and disposition of official records ; and
(b) The procedures for microfilming,
which must be approved by the governing body and comply with the applicable provisions of this chapter and any regulations adopted pursuant thereto.
2. The state librarian shall adopt regulations to carry out a program to establish and approve minimum periods of retention for official records of local [governments.] governmental entities. The proposed regulations or any amendment thereto must [be submitted] require a local governmental entity which establishes a program for the management of official records pursuant to subsection 1 to submit a proposed schedule for the retention and disposition of its official records to the [local government advisory committee, established pursuant to NRS 354.594,] committee for its advice and recommendations.
Sec. 6. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 7. This act becomes effective on July 1, 1997.