Senate Bill No. 50

Senate Bill No. 50-Committee on Human Resources and Facilities

(On Behalf of the Department of Museums, Library and Arts)

January 29, 1997
____________

Referred to Committee on Human Resources and Facilities

SUMMARY--Makes various changes relating to department of museums, library and arts. (BDR 33-455)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.

AN ACT relating to the department of museums, library and arts; renaming the state council on the arts and the position of state librarian; providing for staggered terms of office for the members of the state council on libraries and literacy; authorizing the commission for cultural affairs to use money from the fund for the preservation and promotion of cultural resources to pay for administrative services; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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Section 1 NRS 378.008 is hereby amended to read as follows:
378.008 1. There is hereby created the department of museums, library and arts, in which is vested the administration of the provisions of this Title and chapter 233C of NRS.
2. The department consists of a director and the following:
(a) The division of state library and archives;
(b) The division of museums and history;
(c) The office of historic preservation;
(d) The state arts council ; [on the arts;]
(e) The board of museums and history;
(f) The state council on libraries and literacy;
(g) The state historical records advisory board; and
(h) The commission for cultural affairs.
Sec. 2. NRS 378.010 is hereby amended to read as follows:
378.010 The state [librarian:] library and archives administrator:
1. Is appointed by and responsible to the director and he 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.
Sec. 3. NRS 378.020 is hereby amended to read as follows:
378.020 The state [librarian shall:] library and archives administrator must:
1. Be a graduate of a library school accredited by the American Library Association [; and] or be certified by the Academy of Certified Archivists; and
2. Have at least [2] 5 years of library or archival experience in an administrative capacity.
Sec. 4. NRS 378.050 is hereby amended to read as follows:
378.050 The state [librarian] 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.
Sec. 5. NRS 378.060 is hereby amended to read as follows:
378.060 The state [librarian] library and archives administrator shall employ such librarians and other technical, clerical and operational staff as the execution of his duties and the maintenance and operation of the state library and archives may require.
Sec. 6. NRS 378.070 is hereby amended to read as follows:
378.070 The state [librarian] library and archives administrator may designate the hours that the state library and archives must be open for the use of the public, but they must be open for at least 5 days in each week and for at least 8 hours in each day with the exception of legal holidays.
Sec. 7. NRS 378.080 is hereby amended to read as follows:
378.080 1. The state [librarian] library and archives administrator is responsible for the state library and archives.
2. He shall:
(a) Administer the state library and archives in accordance with law and good library practice.
(b) Withdraw from the library's collection and dispose of [any] 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. He 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.
Sec. 8. NRS 378.081 is hereby amended to read as follows:
378.081 1. The state [librarian] library and archives administrator is responsible for the statewide program of development and coordination of library and informational services.
2. He shall:
(a) Collect, compile and publish statistics and information concerning the operation of libraries in [the] 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. He may contract with agencies, organizations, libraries, library schools, boards of education and universities, public and private, within or outside [the] this state, for library services, facilities, research or any other related purposes.
Sec. 9. NRS 378.083 is hereby amended to read as follows:
378.083 The state [librarian] 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 handicapped persons 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.
Sec. 10. NRS 378.090 is hereby amended to read as follows:
378.090 Any gift of money to the state library and archives or to the State of Nevada for its library or archives which the state [librarian] 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.
Sec. 11. NRS 378.100 is hereby amended to read as follows:
378.100 The state [librarian] library and archives administrator is authorized to accept and direct the disbursement of money appropriated by [any] 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.
Sec. 12. NRS 378.110 is hereby amended to read as follows:
378.110 Money collected by the state [librarian] 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 [librarian.] library and archives administrator.
Sec. 13. NRS 378.120 is hereby amended to read as follows:
378.120 1. The state [librarian] library and archives administrator may collect a charge from [any] a person who requests [any] a photostatic copy, or photocopy print, of [any] a paper or document from the state library. The amount of the charge must be set by the state [librarian] library and archives administrator but may not exceed the cost of the photographic copying process for any specific paper or document.
2. [Where any] If a person requests a duplicate of a roll of microfilm belonging to the state library and archives, the state library and archives is entitled to a fee not to exceed $2 for each duplicate made in excess of the cost of the duplicate. The processor making the duplicate shall collect such fee for the state library and archives. The money collected from such fees must be deposited in the state treasury and credited to the account of the state library and archives. The receipts may be expended by the state library and archives pursuant to the provisions of law authorizing budgeted expenditures of money not appropriated from the general fund by various state officers, departments, boards, agencies, commissions and institutions for specific fiscal years.
Sec. 14. NRS 378.130 is hereby amended to read as follows:
378.130 Funds to carry out the provisions of this chapter [shall] must be provided by legislative appropriation from the general fund, and [shall] must be paid out on claims as other claims against the state are paid. All claims [shall] must be approved by the state [librarian] library and archives administrator before they are paid.
Sec. 15. NRS 378.170 is hereby amended to read as follows:
378.170 1. There is hereby created within the state library and archives a state publications distribution center.
2. The state [librarian] library and archives administrator may make such regulations as may be necessary to carry out the purposes of the center.
Sec. 16. NRS 378.190 is hereby amended to read as follows:
378.190 1. The state publications distribution center may enter into depository agreements with any city, county, district, regional, town or university library in this state.
2. The state [librarian] library and archives administrator shall establish standards for eligibility as a depository library [under] pursuant to subsection 1. Such standards may include and take into account:
(a) The type of library;
(b) Its ability to preserve such publications and to make them available for public use; and
(c) Its geographical location in order to assure that the publications are conveniently accessible to residents in all areas of the state.
Sec. 17. NRS 378.240 is hereby amended to read as follows:
378.240 The state [librarian] 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 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 [state board of examiners.] committee to approve schedules for the retention and disposition of official state records created pursuant to NRS 239.073.
Sec. 18. NRS 378.245 is hereby amended to read as follows:
378.245 1. The state [librarian] 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 description of the state seal and other seals of which a description may be required to be deposited in the division.
(c) The proceedings and all papers of the two constitutional conventions held for the purpose of framing a constitution of this state.
(d) The manuscripts containing the enrolled acts and joint resolutions and journals of the legislature of this state and the Territory of Nevada.
(e) 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.
(f) All the books, records, parchments, maps, registers, papers and other material required to be deposited or kept in the division.
(g) All expired official bonds approved by the governor.
2. The state [librarian] library and archives administrator shall not permit the original papers and other material to be taken out of the archives unless he determines that the circumstances ensure the safety and integrity of the papers and other material.
Sec. 19. NRS 378.250 is hereby amended to read as follows:
378.250 The state [librarian] library and archives administrator may:
1. Receive into the archives [any] material from a state agency if he finds that it is of historical value.
2. With the approval of the [state board of examiners,] 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 he finds is not of historical value.
3. Receive into the archives [any] 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 he finds that it is of historical value.
4. With the approval of the [state board of examiners,] committee to approve schedules for the retention and disposition of official state records, turn over to the:
(a) Nevada historical society;
(b) Nevada state museum;
(c) Nevada museum and historical society;
(d) Nevada railroad museum; or
(e) University and Community College System of Nevada,
[any] material in the archives which he finds to be surplus, not properly in the archives or appropriate to be kept elsewhere.
5. Expend [any] a gift of money he is authorized to accept for the purpose specified by the donor or, if no purpose is specified, in [any] a manner which will further the purposes of the division.
Sec. 20. NRS 378.255 is hereby amended to read as follows:
378.255 The state [librarian] 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 [their] the acceptance of the records by the division or [their] the disposition of the records in any other manner prescribed by law.
5. Establish a program for the control and management of forms, files, reports, directives and correspondence.
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 reestablishment of government in the event of a disaster.
7. Provide advice and technical assistance to state agencies, local governmental entities 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 [any] governmental records in the custody of a state or local governmental agency which are not confidential or privileged.
9. With the approval of the [state board of examiners,] 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.
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.
Sec. 21. NRS 378.260 is hereby amended to read as follows:
378.260 The state [librarian] library and archives administrator may enter into an agreement with the secretary of state to keep in the archives [any] material of which the secretary of state is required by law to have custody and to preserve.
Sec. 22. NRS 378.270 is hereby amended to read as follows:
378.270 1. Subject to the provisions of NRS 378.310 and subsection 4 of NRS 239.090, the state [librarian] library and archives administrator shall furnish, on request, to [any] a person who has paid the proper fees for it, a copy of [any] material not deemed confidential in the archives, and may certify it if required.
2. The state [librarian] library and archives administrator may charge a reasonable fee for searching archives of the state, for producing copies of and for certifying copies of [any] material in the archives.
Sec. 23. NRS 378.280 is hereby amended to read as follows:
378.280 1. Except as otherwise provided in subsection 2, the state [librarian] library and archives administrator shall establish and administer a program for the efficient and economical creation, use, maintenance, retention, preservation 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 his own program for the management of the department's records, if he confers with the state [librarian] library and archives administrator regarding the program. The program must incorporate generally accepted practices for managing records.
Sec. 24. NRS 378.310 is hereby amended to read as follows:
378.310 Whenever a constitutional officer or former constitutional officer has deposited records relating to his 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 [librarian] 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.
Sec. 25. NRS 378.320 is hereby amended to read as follows:
378.320 Except for documents which have been accepted into the archives and over which he is vested with the right of control and possession, the state [librarian] library and archives administrator shall not destroy [any] a record transferred to the division by a state agency unless:
1. He 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 [state board of examiners.] committee to approve schedules for the retention and disposition of official state records created pursuant to NRS 239.073.
Sec. 26. NRS 378A.030 is hereby amended to read as follows:
378A.030 The state historical records advisory board, consisting of the state [librarian] library and archives administrator and nine members appointed by the governor, is hereby created. The state [librarian] library and archives administrator shall serve as a nonvoting member of the board and secretary to the board. The board is responsible to the governor and may make recommendations to the legislature.
Sec. 27. NRS 378A.050 is hereby amended to read as follows:
378A.050 1. The board shall meet regularly at least three times a year and, within the limits of legislative appropriations, may hold additional meetings upon the call of the chairman.
2. Each member of the board who is not an employee of the state is entitled to receive a salary of $60 for each day's attendance at a meeting of the board.
3. Payments of salaries must be made upon itemized and verified claims approved by the state [librarian] library and archives administrator from money appropriated to the state library and archives.
Sec. 28. NRS 378A.060 is hereby amended to read as follows:
378A.060 The board shall:
1. Examine and assess archives and public records programs and the facilities, professional staffs and auxiliary personnel that support such programs.
2. Prepare a report to be submitted on or before January 1 of each odd-numbered year to the governor and the legislative commission.
3. Review and evaluate applications made by political subdivisions and private organizations for grants from the account for historical records to improve the preservation of historical records.
4. Make recommendations to the state [librarian] library and archives administrator for approval of applications for grants from the account for historical records.
5. Publish any material pertaining to its work as it deems appropriate.
Sec. 29. NRS 378A.070 is hereby amended to read as follows:
378A.070 1. The account for historical records is hereby created in the state general fund to be administered by the state [librarian.] library and archives administrator. Money in the account may be expended only for grants to promote and preserve historical recordkeeping and for carrying out the provisions of this chapter.
2. All money received by the board from any source must be deposited in the state treasury to the credit of the account.
3. All claims against the account must be paid as other claims against the state are paid.
Sec. 30. NRS 378A.100 is hereby amended to read as follows:
378A.100 The state [librarian] library and archives administrator shall maintain the records of the board at the state library and archives.
Sec. 31. NRS 379.007 is hereby amended to read as follows:
379.007 The purpose of certifying the personnel of public libraries is to protect the general welfare of the people of this state. Any certificate issued by the state [librarian] library and archives administrator is a revocable privilege and no holder of a certificate acquires any vested right therein.
Sec. 32. NRS 379.0073 is hereby amended to read as follows:
379.0073 1. The state [librarian] library and archives administrator shall adopt regulations establishing standards for the certification by the state [librarian] library and archives administrator of the personnel of public libraries in this state.
2. The regulations must include:
(a) Standards for the certification of various categories of library personnel, based upon their educational backgrounds, work experience and job descriptions.
(b) The qualifications required for certification, including the courses of study or training required for each category of certification.
3. The regulations may include:
(a) Provisions governing the issuance of conditional certificates to personnel of public libraries before the completion of all courses of study or other requirements for certification.
(b) Provisions governing the issuance of provisional certificates pursuant to NRS 379.0077.
4. The regulations must provide that they do not apply to a public library unless the governing authority of the library has approved the regulations for use by the library.
Sec. 33. NRS 379.0077 is hereby amended to read as follows:
379.0077 Every applicant for certification by the state [librarian must] library and archives administrator shall submit with his application a complete set of his fingerprints and written permission authorizing the state [librarian] library and archives administrator to forward the fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for its report. The state [librarian] library and archives administrator may issue a provisional certificate pending receipt of the report if he determines that the applicant is otherwise qualified.
Sec. 34. NRS 379.008 is hereby amended to read as follows:
379.008 1. An application to the state [librarian] library and archives administrator for certification and all documents in the file of the state [librarian] library and archives administrator relating to an application, including:
(a) The applicant's health records;
(b) The applicant's fingerprints and any report from the Federal Bureau of Investigation;
(c) Transcripts of the applicant's record at colleges or other educational institutions;
(d) [Any correspondence] Correspondence concerning the application; and
(e) [Any other] Other personal information concerning the applicant,
are confidential.
2. It is unlawful to disclose or release the information in an application or [any] a related document except pursuant to the written authorization of the applicant.
3. The state [librarian] library and archives administrator shall, upon request, make available the file of the applicant for [his] inspection by the applicant during regular business hours.
Sec. 35. NRS 379.0083 is hereby amended to read as follows:
379.0083 The state [librarian] library and archives administrator may adopt regulations establishing fees:
1. Of not more than $5 for the issuance and renewal of a certificate. The fee for issuing a duplicate certificate must be the same as for issuing the original. The money received from such fees must be paid into the state general fund.
2. To cover the amount charged by the Federal Bureau of Investigation for processing the fingerprints of an applicant. The money received from such fees must be deposited with the state treasurer for credit to the appropriate account of the division of state library and archives of the department of museums, library and arts.
Sec. 36. NRS 379.0087 is hereby amended to read as follows:
379.0087 1. The state [librarian] library and archives administrator shall adopt regulations setting forth standards for the approval of a course of study or training offered by an educational institution to qualify a person for certification.
2. Except as otherwise provided in subsection 3, the state [librarian] library and archives administrator shall, upon the application of an educational institution or as he determines necessary, review and evaluate a course of study or training offered by an educational institution to qualify a person for certification. If the course of study or training meets the standards established by the state [librarian,] library and archives administrator, it must be approved by the state [librarian.] library and archives administrator.
3. In lieu of reviewing and evaluating a course of study or training, the state [librarian] library and archives administrator may approve a course of study or training which is approved by a national agency for accreditation.
4. If the state [librarian] library and archives administrator denies or withdraws approval of a course of study or training, the educational institution is entitled to a hearing and judicial review of the decision of the state [librarian.] library and archives administrator.
Sec. 37. NRS 379.009 is hereby amended to read as follows:
379.009 The state [librarian] library and archives administrator shall file with the governing authority of each public library in this state a directory of all personnel who hold certificates, and shall advise the governing authority from time to time, as necessary, of [any] changes or additions to the directory.
Sec. 38. NRS 379.150 is hereby amended to read as follows:
379.150 [Any] A library operated [under] pursuant to the provisions of this chapter may enter into agreements with the state [librarian,] library and archives administrator, where the objective of the agreements is the improvement of library service.
Sec. 39. NRS 380.153 is hereby amended to read as follows:
380.153 1. The state [librarian] library and archives administrator shall adopt by regulation a list of legal books and materials which are considered primary sources and which he has determined [should] must be available in every county to the inhabitants of that county.
2. Each board of county commissioners shall ensure that all of the legal books and materials listed by the state [librarian] library and archives administrator are accessible to the inhabitants of the county:
(a) By making them available for use during normal business hours in either the law library or a public library; or
(b) Pursuant to an agreement with another library which has them.
The place where [they] those legal books and materials are located must be plainly marked as an area accessible to the general public.
Sec. 40. NRS 380.190 is hereby amended to read as follows:
380.190 1. Whenever the board of county commissioners of any county in which a law library has been established pursuant to the provisions of this chapter desires to discontinue the law library, the board of county commissioners shall discontinue the law library by the enactment of an ordinance. The ordinance must provide for:
(a) The discontinuance of the law library.
(b) The transfer of the law library books to the chambers of the district judge or judges of the county or to other appropriate locations in the county.
(c) The keeping thereafter of such books in the judges' chambers or other locations.
(d) The transfer of all money in the law library fund to the county school district fund.
(e) The abolishment of the offices of law library trustees, if any.
2. After such an ordinance takes effect, the county clerk shall not set aside the fees provided for in NRS 380.110.
3. The discontinuance of a law library does not alter the duty of the board of county commissioners to provide, at a publicly accessible location, all legal books and materials which the state [librarian] library and archives administrator has determined, pursuant to NRS 380.153, [should] must be available in every county.
Sec. 41. NRS 380A.031 is hereby amended to read as follows:
380A.031 1. The state council on libraries and literacy [, consisting of 11 members appointed by the governor,] is hereby created. The council is advisory to the division of state library and archives of the department of museums, library and arts.
2. The council consists of 11 members appointed by the governor. Unless specifically appointed to a shorter term, the term of office of a member of the council is 3 years and commences on July 1 of the year of appointment. The terms of office of the members of the council must be staggered to result in, as nearly as possible, the appointment of three or four members to the council on July 1 of each year.
Sec. 42. NRS 380A.061 is hereby amended to read as follows:
380A.061 The council shall elect a chairman and a vice chairman at the first meeting held after July 1 of each year. The state [librarian] library and archives administrator shall serve as secretary of the council but is not entitled to a vote. The secretariat is the state library and archives, where all files and records of the council must be maintained.
Sec. 43. NRS 380A.071 is hereby amended to read as follows:
380A.071 1. The council may meet regularly at least twice each year and, within the limits of legislative appropriations, may hold additional meetings upon the call of the chairman.
2. Each member of the council is entitled to receive a salary of not more than $80, as fixed by the council, for each day's attendance at a meeting of the council.
3. While engaged in the business of the council, each member and employee of the council is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
4. Payments must be made upon itemized and verified claims approved by the state [librarian] library and archives administrator from money appropriated to the state library and archives.
Sec. 44. NRS 380A.081 is hereby amended to read as follows:
380A.081 The council may:
1. Examine and overview the whole state of libraries, librarianship, library education, library resources, and all allied and cognate activities and prepare a record of its findings.
2. Require public libraries to provide necessary library statistics and reports and to make recommendations for the advancement of libraries.
3. Report biennially to the governor and legislature. The report must be filed on or before January 1 of each odd-numbered year.
4. Publish [any] material pertaining to its work that it may order issued.
5. Review plans and applications submitted by libraries and political subdivisions for state grants-in-aid and make recommendations to the state [librarian] library and archives administrator concerning approval.
6. Examine and evaluate the programs for literacy in this state.
7. Establish a plan for coordinating programs and activities for promoting and increasing literacy in this state.
Sec. 45. NRS 380A.101 is hereby amended to read as follows:
380A.101 All gifts of money which the council is authorized to accept must be deposited in the state treasury in a nonreverting gift fund and expended in accordance with the budget laws of the State of Nevada upon properly itemized and verified claims approved by the state [librarian] library and archives administrator and the council.
Sec. 46. NRS 382.060 is hereby amended to read as follows:
382.060 The Nevada historical society shall preserve all old and obsolete property and obsolete and noncurrent public records presented to it by the state [librarian] library and archives administrator from the archives and records of the division of state library and archives of the department of museums, library and arts.
Sec. 47. NRS 233B.040 is hereby amended to read as follows:
233B.040 1. To the extent authorized by the statutes applicable to it, each agency may adopt reasonable regulations to aid it in carrying out the functions assigned to it by law and shall adopt such regulations as are necessary to the proper execution of those functions. If adopted and filed in accordance with the provisions of this chapter, the following regulations have the force of law and must be enforced by all peace officers:
(a) The Nevada Administrative Code; and
(b) Temporary and emergency regulations.
In every instance, the power to adopt regulations to carry out a particular function is limited by the terms of the grant of authority [under] pursuant to which the function was assigned.
2. Every regulation adopted by an agency must include:
(a) A citation of the authority pursuant to which it, or any part of it, was adopted; and
(b) The address of the agency and, to the extent not elsewhere provided in the regulation, a brief explanation of the procedures for obtaining clarification of the regulation or relief from the strict application of any of its terms, if the agency is authorized by a specific statute to grant such relief, or otherwise dealing with the agency in connection with the regulation.
3. An agency may adopt by reference in a regulation material published by another authority in book or pamphlet form if:
(a) It files one copy of the publication with the secretary of state and one copy with the state [librarian,] library and archives administrator, and makes at least one copy available for public inspection with its regulations; and
(b) The reference discloses the source and price for purchase of the publication.
An agency shall not attempt to incorporate any other material in a regulation by reference.
Sec. 48. NRS 233B.0607 is hereby amended to read as follows:
233B.0607 1. The agency shall at the time of giving the notice:
(a) Deposit one copy of the notice and text of the proposed regulation with the state [librarian;] library and archives administrator;
(b) Keep at least one copy of the notice and text available in each of its offices from the date of the notice to the date of the hearing, for inspection and copying by the public; and
(c) If the agency does not maintain an office in a county, deposit one copy of the notice and text with the librarian of the main public library in the county.
2. The text of the proposed regulation so disseminated must include the entire text of any section of the Nevada Administrative Code which is proposed for amendment or repeal.
3. After the final draft or revision of an adopted regulation is received , each such librarian may discard the deposited copy of the proposed regulation.
Sec. 49. NRS 233B.065 is hereby amended to read as follows:
233B.065 1. The legislative counsel shall prescribe the numbering, page size, style and typography of the Nevada Administrative Code. For convenience of reproduction in the [code,] Nevada Administrative Code, he may prescribe the same matters in original agency regulations.
2. The legislative counsel shall prepare or cause the superintendent of the state printing and micrographics division of the department of administration to prepare such sets of the Nevada Administrative Code and of supplementary pages as are required from time to time. A set must be provided to and kept respectively:
(a) By the secretary of state as the master copy;
(b) By the state [librarian] library and archives administrator for public use;
(c) By the attorney general for his use and that of the executive department; and
(d) By the legislative counsel for his use and that of the legislature.
The legislative commission may direct the preparation of additional sets or pages, or both, and specify the places where those sets or parts of sets are to be kept and the uses to be made of them.
3. The legislative counsel shall, without charge, provide:
(a) A complete set of the Nevada Administrative Code, upon request, to each person who is on July 1, 1985, or who becomes after that date a member of the legislature; and
(b) To each legislator who has so acquired the [code,] Nevada Administrative Code, the replacement or supplementary pages which are issued during his term of office.
4. Each agency shall reimburse the legislative counsel bureau and the state printing and micrographics division of the department of administration for their respective costs in preparing and keeping current that agency's portion of the Nevada Administrative Code in the number of copies required for official and public use. If additional sets or pages are sold, the legislative commission shall set sale prices sufficient to recover at least the cost of production and distribution of the additional sets or pages.
Sec. 50. NRS 233B.070 is hereby amended to read as follows:
233B.070 1. A permanent regulation becomes effective upon filing with the secretary of state the original of the final draft or revision of a regulation, except as otherwise provided in NRS 233B.0665 or where a later date is specified in the regulation.
2. A temporary or emergency regulation becomes effective upon filing with the secretary of state the original of the final draft or revision of a regulation by the agency, together with the informational statement prepared pursuant to NRS 233B.066. The agency shall also file a copy of the temporary or emergency regulation with the legislative counsel bureau, together with the informational statement prepared pursuant to NRS 233B.066.
3. The secretary of state shall maintain the original of the final draft or revision of each regulation in a permanent file to be used only for the preparation of official copies.
4. The secretary of state shall file, with the original of each agency's rules of practice, the current statement of the agency concerning the date and results of its most recent review of those rules.
5. Immediately after each permanent or temporary regulation is filed, the agency shall deliver one copy of the final draft or revision, bearing the stamp of the secretary of state indicating that it has been filed, including material adopted by reference which is not already filed with the state [librarian,] library and archives administrator, to the state [librarian] library and archives administrator for use by the public. If the agency is a licensing board as defined in NRS 439B.225 and it has adopted a permanent regulation relating to standards for licensing or for the renewal of a license issued to a person or facility regulated by the agency, the agency shall also deliver one copy of the regulation, bearing the stamp of the secretary of state, to the legislative committee on health care within 10 days after the regulation is filed with the secretary of state.
6. Each agency shall furnish a copy of all or part of that part of the Nevada Administrative Code which contains its regulations, to any person who requests a copy, and may charge a reasonable fee for the copy based on the cost of reproduction if it does not have money appropriated or authorized for that purpose.
7. An agency which publishes any regulations included in the Nevada Administrative Code shall use the exact text of the regulation as it appears in the Nevada Administrative Code, including the leadlines and numbers of the sections. Any other material which an agency includes in a publication with its regulations must be presented in a form which clearly distinguishes that material from the regulations.
Sec. 51. NRS 233C.010 is hereby amended to read as follows:
233C.010 As used in this chapter, unless the context otherwise requires, "council" means the state arts council . [on the arts.]
Sec. 52. NRS 233C.030 is hereby amended to read as follows:
233C.030 The state arts council , [on the arts,] consisting of nine members appointed by the governor, is hereby created.
Sec. 53. NRS 233C.200 is hereby amended to read as follows:
233C.200 1. The commission for cultural affairs is hereby created. The commission is advisory to the department of museums, library and arts and consists of:
(a) The chairman of the Nevada Humanities Committee or a member of the committee designated by him;
(b) The chairman of the state arts council [on the arts] or a member of the council designated by him;
(c) The chairman of the board of museums and history or a member of the board designated by him;
(d) A member of the board of museums and history, to be appointed by the governor; [and]
(e) One representative of the general public who has a working knowledge of the promotion of tourism in Nevada, to be appointed by the governor [.] ; and
(f) The chairman of the state council on libraries and literacy or a member of the council designated by him.
2. The commission shall:
(a) Elect from its membership a chairman who shall serve for a term of 2 years. [Any] A vacancy occurring in this position must be filled by election of the members of the commission for the remainder of the unexpired term.
(b) Prescribe rules for its own management and government.
(c) Meet biannually, or at more frequent times if it deems necessary, and may, within the limitations of its budget, hold special meetings at the call of its chairman.
3. Three members of the commission constitute a quorum, but a majority of the members of the commission is necessary to consider the particular business before it and to exercise the power conferred on the commission.
4. The members of the commission are not entitled to be paid a salary or receive reimbursement for per diem or travel expenses.
5. [Administrative] The commission may use the money derived from interest earned on the money in the fund for the preservation and promotion of cultural resources created pursuant to NRS 233C.230 to pay for administrative services required by the commission . [must be provided by the members of the staff of the various agencies represented by the members of the commission.]
Sec. 54. NRS 233C.230 is hereby amended to read as follows:
233C.230 1. There is hereby created in the state treasury the fund for the preservation and promotion of cultural resources. The commission for cultural affairs is responsible for the administration of the fund. All money received and held by the state treasurer for that purpose must be deposited in the fund.
2. [The] Except as otherwise provided in subsection 5 of NRS 233C.200, the commission may expend money in the fund only for projects identified in the commission's plan to promote and preserve the state's cultural resources pursuant to NRS 233C.200 to 233C.230, inclusive.
3. The money in the fund must be invested as the money in other state funds is invested. All interest on the deposit or investment of the money in the fund must be credited to the fund.
4. Claims against the fund must be paid as other claims against the state are paid.
Sec. 55. 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 records, consisting of six 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;] library and archives administrator;
(e) The director of the department of information services; and
(f) 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, 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] library and archives administrator 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. 56. NRS 239.085 is hereby amended to read as follows:
239.085 1. The director of the department of transportation shall, in cooperation with the division, develop a schedule for the retention and disposition of each type of official state record in the care, custody and control of the department of transportation.
2. A record which has historical or permanent value must be preserved permanently by the department of transportation or submitted to the state [librarian] library and archives administrator for preservation in the archives.
3. The department of transportation shall keep a record showing when any official state record mentioned in subsection 1 was destroyed, and the kind and nature of it.
Sec. 57. NRS 239.090 is hereby amended to read as follows:
239.090 1. Subject to the provisions of subsection 2, [any] a state official may, with the prior approval of the state [librarian,] library and archives administrator, submit any obsolete official books, documents, original papers, newspaper files, printed books or other records not in current use in his office to the division.
2. A state officer shall first obtain the consent and approval of the governor. Any other state official shall obtain the consent of the department head under which he operates.
3. The division may return a submission or any part thereof, if the submission has no historical or permanent value.
4. If the state [librarian] library and archives administrator finds that any record so submitted has historical or permanent value and he accepts it as an accession to the archives, the right to control and possession of it vests in him, and the submitting official is not entitled to reclaim it. If records are transferred to the division by a state official only for the purpose of having the records stored safely on his behalf, he has constructive custody of the records and retains the right to control access to them.
Sec. 58. 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,] library and archives administrator, 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 if:
(a) The division did not acquire title to them in an agreement between the state [librarian] library and archives administrator and the local government; and
(b) The local government serves written notice upon the division of its intention to reclaim the records and pays the cost of transportation for the return.
Sec. 59. 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 records, including the adoption of schedules for the retention of records and 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] library and archives administrator shall adopt regulations to carry out a program to establish and approve minimum periods of retention for records of local governments. The proposed regulations or any amendment thereto must be submitted to the [local government advisory committee, established pursuant to NRS 354.594,] committee to approve schedules for the retention and disposition of official state records created pursuant to NRS 239.073 for its advice and recommendations.
Sec. 60. NRS 331.100 is hereby amended to read as follows:
331.100 The chief has the following specific powers and duties:
1. To keep all buildings, rooms, basements, floors, windows, furniture and appurtenances clean, orderly and presentable as befitting public property.
2. To keep all yards and grounds clean and presentable, with proper attention to landscaping and horticulture.
3. Under the supervision of the state fire marshal, to make arrangements for the installation and maintenance of water sprinkler systems, fire extinguishers, fire hoses and fire hydrants, and to take other fire prevention and suppression measures, necessary and feasible, that may reduce the fire hazards in all buildings under his control.
4. To make arrangements and provision for the maintenance of the state's water system supplying the state-owned buildings at Carson City, with particular emphasis upon the care and maintenance of water reservoirs, in order that a proper and adequate supply of water be available to meet any emergency.
5. To make arrangements for the installation and maintenance of water meters designed to measure accurately the quantity of water obtained from sources not owned by the state.
6. To make arrangements for the installation and maintenance of a lawn sprinkling system on the grounds adjoining the Capitol Building at Carson City, or on any other state-owned grounds where such installation is practical or necessary.
7. To investigate the feasibility, and economies resultant therefrom, if any, of the installation of a central power meter, to measure electrical energy used by the state buildings in the vicinity of and including the Capitol Building at Carson City, assuming the buildings were served with power as one unit.
8. To purchase, use and maintain such supplies and equipment as are necessary for the care, maintenance and preservation of the buildings and grounds under his supervision and control.
9. Subject to the provisions of chapter 426 of NRS [relative to] regarding the operation of vending stands in or on public buildings and properties by blind persons, to install or remove vending machines and vending stands in the buildings under his supervision and control, and to have control of and be responsible for their operation.
10. To cooperate with the state arts council [on the arts] and the state public works board to plan the potential purchase and placement of works of art inside or on the grounds surrounding a state building.
Sec. 61. NRS 341.211 is hereby amended to read as follows:
341.211 The board shall:
1. Cooperate with other departments and agencies of the state in their planning efforts.
2. Advise and cooperate with municipal, county and other local planning commissions within the state [for the purpose of promoting] to promote coordination between the state and the local plans and developments.
3. Cooperate with the state arts council [on the arts] and the buildings and grounds division of the department of administration to plan the potential purchase and placement of works of art inside or on the grounds surrounding a state building.
Sec. 62. NRS 482.3792 is hereby amended to read as follows:
482.3792 1. Except as otherwise provided in this subsection, the department shall, in cooperation with the state arts council , [on the arts,] design, prepare and issue license plates for the support of the education of children in the arts, using any colors and designs which the department deems appropriate. The department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.
2. The department may issue license plates for the support of the education of children in the arts for [any] a passenger car or light commercial vehicle upon application by [any] a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of the education of children in the arts if that person pays the fee for the personalized prestige license plates in addition to the fees for the license plates for the support of the education of children in the arts pursuant to subsections 3 and 4.
3. The fee for license plates for the support of the education of children in the arts is $35, in addition to all other applicable registration and license fees and motor vehicle taxes. The license plates are renewable upon the payment of $10.
4. In addition to all fees for the license, registration and privilege taxes, a person who requests a set of license plates for the support of the education of children in the arts must pay for the initial issuance of the plates an additional fee of $15 and for each renewal of the plates an additional fee of $10 to finance programs which promote the education of children in the arts.
5. The department shall deposit the fees collected pursuant to subsection 4 with the state treasurer for credit to the account for license plates for the support of the education of children in the arts created pursuant to NRS 233C.094.
6. If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, he may retain the plates and:
(a) Affix them to another vehicle which meets the requirements of this section if the transfer and registration fees are paid as set out in this chapter; or
(b) Within 30 days after removing the plates from the vehicle, return them to the department.
Sec. 63. 1. The terms of office of the members of the council created pursuant to NRS 380A.031 who are serving on June 30, 1997, expire on that date.
2. As soon as practicable after the effective date of this section, the governor shall appoint to the council:
(a) Three members to an initial term that commences on July 1, 1997, and expires on June 30, 1998.
(b) Four members to an initial term that commences on July 1, 1997, and expires on June 30, 1999.
(c) Four members to an initial term that commences on July 1, 1997, and expires on June 30, 2000.
Sec. 64. 1. This section and section 63 of this act become effective upon passage and approval.
2. Sections 1 to 62, inclusive, and 65 of this act become effective on July 1, 1997.
Sec. 65. The legislative counsel shall:
1. In preparing the reprint and supplements to the Nevada Revised Statutes, with respect to any section that is not amended by this act or is further amended by another act, appropriately change any reference to:
(a) "Council on the arts" to "state arts council"; and
(b) "State librarian" to "state library and archives administrator."
2. In preparing supplements to the Nevada Administrative Code, appropriately change any reference to:
(a) "Council on the arts" to "state arts council"; and
(b) "State librarian" to "state library and archives administrator."