Assembly Bill No. 260–Assemblymen Beers, Gibbons, Christensen, Goldwater, Grady, Gustavson, Hardy, Horne, Manendo and Sherer

 

March 7, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Authorizes use of machine-readable media for preservation of certain public records. (BDR 19‑7)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

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

 

AN ACT relating to public records; authorizing the use of machine-readable media for the preservation of certain public records; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 239.005 is hereby amended to read as follows:

1-2  239.005  As used in this chapter, unless the context otherwise

1-3  requires:

1-4  1.  “Actual cost” means the direct cost related to the

1-5  reproduction of a public record. The term does not include a cost

1-6  that a governmental entity incurs regardless of whether or not a

1-7  person requests a copy of a particular public record.

1-8  2.  “Committee” means the Committee to Approve Schedules

1-9  for the Retention and Disposition of Official State Records.

1-10      3.  “Division” means the Division of State Library and Archives

1-11  of the Department of Cultural Affairs.

1-12      4.  “Governmental entity” means:

1-13      (a) An elected or appointed officer of this state or of a political

1-14  subdivision of this state;

2-1  (b) An institution, board, commission, bureau, council,

2-2  department, division, authority or other unit of government of this

2-3  state or of a political subdivision of this state;

2-4  (c) A university foundation, as defined in NRS 396.405; or

2-5  (d) An educational foundation, as defined in NRS 388.750, to

2-6  the extent that the foundation is dedicated to the assistance of public

2-7  schools.

2-8  5.  “Machine-readable medium” means a medium for the

2-9  storage of records electronically that requires a machine to access

2-10  the information contained within the medium. The term includes,

2-11  without limitation, magnetic and optical media.

2-12      Sec. 2.  NRS 239.015 is hereby amended to read as follows:

2-13      239.015  1.  A custodian of records may remove books of

2-14  records, maps, charts, surveys and other papers for storage in an

2-15  appropriate facility if he believes that the removal of such records is

2-16  necessary for their protection or permanent preservation, or he may

2-17  arrange for their transfer to another location for duplication or

2-18  reproduction.

2-19      2.  If a county recorder receives a request for a particular item

2-20  which has been stored pursuant to subsection 1, he shall produce a

2-21  [microfilmed] copy of [such] the item or the original within 3

2-22  working days.

2-23      Sec. 3.  NRS 239.051 is hereby amended to read as follows:

2-24      239.051  1.  Unless destruction of a particular record without

2-25  reproduction is authorized by a schedule adopted pursuant to NRS

2-26  239.080 or 239.125, any custodian of public records in this state

2-27  may destroy documents, instruments, papers, books and any other

2-28  records or writings in his custody [only if those] if the records or

2-29  writings have been [placed] :

2-30      (a) Placed on microphotographic film ; or [if the information

2-31  they contain has been entered into a computer system which permits

2-32  the retrieval and reproduction of that information.]

2-33      (b) Transferred to a machine-readable medium.

2-34  A reproduction of that film or that information from the machine-

2-35  readable medium shall be deemed to be the original.

2-36      2.  Microphotographs made pursuant to this section must be

2-37  made on film which complies with minimum standards of quality

2-38  approved by the American National Standards Institute.

2-39      3.  The custodian of the records or writings shall:

2-40      (a) Promptly store at least one copy of the microphotographic

2-41  film , [or the] tape, disc or other machine-readable medium used for

2-42  the storage of [that information by the computer] the records or

2-43  writings in such a manner and place as to protect it reasonably from

2-44  loss or damage; and

3-1  (b) Maintain for the use of authorized persons a copy of a

3-2  reproduction of the film or the information [stored by the computer.]

3-3  that was transferred to a machine-readable medium.

3-4  Sec. 4.  NRS 239.070 is hereby amended to read as follows:

3-5  239.070  1.  In lieu of or in addition to the method of

3-6  recording required or allowed by statute, the county recorder may

3-7  use microfilm or a machine-readable medium for such recording.

3-8  2.  The Division, in cooperation with the State Printing Division

3-9  of the Department of Administration, shall provide microfilming

3-10  service to any local government. The charge for the service must not

3-11  exceed the actual cost.

3-12      3.  If microfilming is used:

3-13      (a) The microphotographs or micronegative films must be

3-14  properly indexed and placed in conveniently accessible files.

3-15      (b) Each film must be designated and numbered.

3-16      (c) Provision must be made for preserving, examining and using

3-17  the films.

3-18      4.  A duplicate of each such film must be made and kept safely

3-19  in a separate place.

3-20      5.  Duplicates of each such film must be made available by the

3-21  county recorder for sale at a price not exceeding cost upon the

3-22  request of any person, firm or organization. Subject to the approval

3-23  of the board of county commissioners, the county recorder may, at

3-24  any time, make additional duplicates of each such film available for

3-25  sale to the public at a price not exceeding cost.

3-26      6.  The Division shall provide services for recording other than

3-27  microfilming to any local government if the Division has the

3-28  equipment necessary to provide the services. The services provided

3-29  are subject to the requirements of this section relating to

3-30  microfilming.

3-31      Sec. 5.  NRS 239.080 is hereby amended to read as follows:

3-32      239.080  1.  An official state record may be disposed of only

3-33  in accordance with a schedule for retention and disposition which is

3-34  approved by the Committee.

3-35      2.  In cooperation with the Division, each agency, board and

3-36  commission shall develop a schedule for the retention and

3-37  disposition of each type of official state record.

3-38      3.  The Division shall submit the schedules described in

3-39  subsection 2 to the Committee for final approval.

3-40      4.  As used in this section, “official state record” includes,

3-41  without limitation, any:

3-42      (a) Papers, unpublished books, maps and photographs;

3-43      (b) Information stored on magnetic tape or computer, laser or

3-44  optical disc[;

4-1  (c) Materials which are capable of being read by a machine,] or

4-2  other machine-readable media, including , without limitation,

4-3  microforms and audio and visual materials; and

4-4  [(d)] (c) Materials which are made or received by a state agency

4-5  and preserved by that agency or its successor as evidence of the

4-6  organization, operation, policy or any other activity of that agency

4-7  or because of the information contained in the material.

4-8  Sec. 6.  NRS 239.110 is hereby amended to read as follows:

4-9  239.110  1.  The Clerk of the Supreme Court, a county clerk,

4-10  deputy clerk of a justice’s court or clerk of a municipal court may

4-11  destroy all documents, records, instruments, books, papers,

4-12  depositions and transcripts in any action or proceeding in the

4-13  Supreme Court, district court, justice’s court or municipal court,

4-14  respectively, or otherwise filed in his office pursuant to law,

4-15  including transcripts of coroners’ inquests and depositions, if the

4-16  records of the Clerk do not show that the action or proceeding is

4-17  pending on appeal or review in any court, except that:

4-18      (a) If the written consent of the district attorney is first obtained,

4-19  transcripts of preliminary hearings may be destroyed as provided in

4-20  this section; and

4-21      (b) Minutes of the Supreme Court, district court, justice’s court

4-22  or municipal court, affidavits supporting applications for marriage

4-23  licenses, after those licenses have been issued, and certificates of

4-24  fictitious names of businesses may be destroyed immediately

4-25  subject to the provisions of subsections 2 and 3.

4-26      2.  The Clerk shall maintain for the use of the public a

4-27  microphotographic film print or copy in a machine-readable

4-28  medium of each document, record, instrument, book, paper,

4-29  deposition or transcript so destroyed, if the print or copy is placed

4-30  and kept in a sealed container under certificate of the Clerk and

4-31  properly indexed. This print or copy shall be deemed to be the

4-32  original.

4-33      3.  The Clerk shall promptly seal and store at least one original

4-34  negative of each microphotographic film or one copy of the

4-35  machine-readable medium in such manner and place as may

4-36  reasonably ensure its preservation indefinitely against loss, theft,

4-37  defacement or destruction.

4-38      4.  The Supreme Court may provide by rule for the destruction,

4-39  without prior microfilming[,] or transfer to a machine-readable

4-40  medium, of such other documents of the several courts of this state

4-41  as are held in the offices of the clerks but which:

4-42      (a) No longer serve any legal, financial or administrative

4-43  purpose; and

4-44      (b) Do not have any historical value.

5-1  5.  The Court Administrator may request the Division to advise

5-2  and assist the Supreme Court in its establishment of the rules.

5-3  Sec. 7.  NRS 239.125 is hereby amended to read as follows:

5-4  239.125  1.  A local governmental entity may establish a

5-5  program for the management of records, including the adoption of

5-6  schedules for the retention of records and procedures for

5-7  microfilming[,] or preservation in a machine-readable medium,

5-8  which must be approved by the governing body and comply with the

5-9  applicable provisions of this chapter and any regulations adopted

5-10  pursuant thereto.

5-11      2.  The State Library and Archives Administrator shall adopt

5-12  regulations to carry out a program to establish and approve

5-13  minimum periods of retention for records of local governments. The

5-14  proposed regulations or any amendment thereto must be submitted

5-15  to the Committee on Local Government [Advisory Committee,

5-16  established pursuant to NRS 354.594,] Finance, created by NRS

5-17  354.105, for its advice and recommendations.

5-18      Sec. 8.  NRS 78.027 is hereby amended to read as follows:

5-19      78.027  The Secretary of State may microfilm or transfer to a

5-20  machine-readable medium any document which is filed in his

5-21  office by a corporation pursuant to this chapter and may return the

5-22  original document to the corporation.

5-23      Sec. 9.  NRS 80.005 is hereby amended to read as follows:

5-24      80.005  The Secretary of State may microfilm or transfer to a

5-25  machine-readable medium any document which is filed in his

5-26  office by a foreign corporation pursuant to this chapter and may

5-27  return the original document to the corporation.

5-28      Sec. 10.  NRS 82.526 is hereby amended to read as follows:

5-29      82.526  The Secretary of State may microfilm or transfer to a

5-30  machine-readable medium any document which is filed in his

5-31  office by a corporation pursuant to this chapter and may return the

5-32  original document to the corporation.

5-33      Sec. 11.  NRS 88.340 is hereby amended to read as follows:

5-34      88.340  The Secretary of State may microfilm or transfer to a

5-35  machine-readable medium any document which is filed in his

5-36  office by or relating to a limited partnership pursuant to this chapter

5-37  and may return the original document to the filer.

5-38      Sec. 12.  NRS 106.260 is hereby amended to read as follows:

5-39      106.260  1.  Any mortgage or lien, that has been or may

5-40  hereafter be recorded, may be discharged or assigned by an entry on

5-41  the margin of the record thereof, signed by the mortgagee or his

5-42  personal representative or assignee, acknowledging the satisfaction

5-43  of or value received for the mortgage or lien and the debt secured

5-44  thereby, in the presence of the recorder or his deputy, who shall

5-45  subscribe the same as a witness, and [such entry shall have] the

6-1  entry has the same effect as a deed of release or assignment duly

6-2  acknowledged and recorded. Such a marginal discharge or

6-3  assignment [shall] must in each case be properly indexed by the

6-4  recorder.

6-5  2.  In the event that the mortgage or lien has been recorded by a

6-6  microfilm or other photographic process[,] or in a machine-

6-7  readable medium, a marginal release may not be used and a duly

6-8  acknowledged discharge or release of [such] the mortgage or lien

6-9  must be recorded.

6-10      Sec. 13.  NRS 107.073 is hereby amended to read as follows:

6-11      107.073  1.  Except as otherwise provided in subsection 2, a

6-12  recorded deed of trust may be discharged by an entry on the margin

6-13  of the record thereof, signed by the trustee or his personal

6-14  representative or assignee in the presence of the recorder or his

6-15  deputy, acknowledging the satisfaction of or value received for the

6-16  deed of trust and the debt secured thereby. The recorder or his

6-17  deputy shall subscribe the entry as witness. The entry has the same

6-18  effect as a reconveyance of the deed of trust acknowledged and

6-19  recorded as provided by law. The recorder shall properly index each

6-20  marginal discharge.

6-21      2.  If the deed of trust has been recorded by a microfilm or other

6-22  photographic process[,] or in a machine-readable medium, a

6-23  marginal release may not be used and an acknowledged

6-24  reconveyance of the deed of trust must be recorded.

6-25      3.  If the recorder or his deputy is presented with a certificate

6-26  executed by the trustee or his personal representative or assignee,

6-27  specifying that the deed of trust has been paid or otherwise satisfied

6-28  or discharged, the recorder or his deputy shall discharge the deed of

6-29  trust upon the record.

6-30      Sec. 14.  NRS 108.2433 is hereby amended to read as follows:

6-31      108.2433  1.  Except as otherwise provided in subsection 2, a

6-32  lien of record upon real property provided for in NRS 108.221 to

6-33  108.246, inclusive, may be discharged by an entry on the margin of

6-34  the record thereof, signed by the lienor or his personal representative

6-35  or assignee in the presence of the recorder or his deputy,

6-36  acknowledging the satisfaction of or value received for the lien and

6-37  the debt secured thereby. The recorder or his deputy shall subscribe

6-38  the entry as witness. The entry has the same effect as a discharge or

6-39  release of the lien acknowledged and recorded as provided by law.

6-40  The recorder shall properly index each marginal discharge.

6-41      2.  If the lien has been recorded by a microfilm or other

6-42  photographic process[,] or in a machine-readable medium, a

6-43  marginal release may not be used and an acknowledged discharge or

6-44  release of the lien must be recorded.

7-1  3.  If the recorder or his deputy is presented with a certificate

7-2  executed by the lienor or his personal representative or assignee,

7-3  specifying that the lien has been paid or otherwise satisfied or

7-4  discharged, the recorder or his deputy shall discharge the lien upon

7-5  the record.

7-6  Sec. 15.  NRS 247.070 is hereby amended to read as follows:

7-7  247.070  1.  A county recorder may purchase a subscription

7-8  for not more than three newspapers printed and published in the

7-9  county where the county recorder holds office.

7-10      2.  The county recorder may microfilm or transfer to a

7-11  machine-readable medium each issue of the newspaper or

7-12  newspapers subscribed for as provided in subsection 1.

7-13      Sec. 16.  NRS 281.380 is hereby amended to read as follows:

7-14      281.380  If any business, institution or member of a profession

7-15  or calling has kept or recorded any memorandum, writing, entry,

7-16  print, representation or combination thereof, of any act, transaction,

7-17  occurrence or event and has caused any or all of such records to be

7-18  recorded, copied or reproduced in a machine-readable medium or

7-19  by any photographic, photostatic, microfilm, microcard, miniature

7-20  photographic[,] or other process which accurately reproduces or

7-21  forms a durable medium for so reproducing the original, such a

7-22  reproduction [shall] must be accepted by all public officers and

7-23  employees for examination, filing, copying or any other purpose as

7-24  if it were the original, whether or not the original is then in

7-25  existence.

7-26      Sec. 17.  NRS 293.537 is hereby amended to read as follows:

7-27      293.537  1.  The county clerk of each county shall maintain a

7-28  file of the applications to register to vote of electors who have

7-29  canceled their registration. The file must be kept in alphabetical

7-30  order. The county clerk shall mark the applications “Cancelled,” and

7-31  indicate thereon the reason for cancelation. If the county clerk finds

7-32  that the registration of an elector was canceled erroneously, the

7-33  county clerk shall reregister the elector or on election day allow the

7-34  elector whose registration was erroneously canceled to vote

7-35  pursuant to NRS 293.304, 293.525, 293C.295 or 293C.525.

7-36      2.  The county clerk may:

7-37      (a) Microfilm the applications to register to vote of an elector

7-38  who cancels his registration and destroy the originals at any time.

7-39      (b) Record canceled applications to register to vote [by

7-40  computer] in a machine-readable medium and destroy the originals

7-41  at any time.

7-42      (c) Destroy any application to register to vote of an elector who

7-43  cancels his registration after the expiration of 3 years after the date

7-44  of cancellation.

 

8-1  Sec. 18.  NRS 408.215 is hereby amended to read as follows:

8-2  408.215  1.  The Director has charge of all the records of the

8-3  Department, keeping records of all proceedings pertaining to the

8-4  Department and keeping on file information, plans, specifications,

8-5  estimates, statistics and records prepared by the Department, except

8-6  those financial statements described in NRS 408.333 and the

8-7  financial or proprietary information described in paragraph (d) of

8-8  subsection 5 of NRS 408.3886, which must not become matters of

8-9  public record.

8-10      2.  The Director may photograph, microphotograph , [or] film ,

8-11  transfer to a machine-readable medium or dispose of the records of

8-12  the Department referred to in subsection 1 as provided in NRS

8-13  239.051, 239.080 and 239.085.

8-14      3.  The Director shall maintain an index or record of deeds or

8-15  other references of title or interests in and to all lands or interests in

8-16  land owned or acquired by the Department.

8-17      4.  The Director shall adopt such regulations as may be

8-18  necessary to carry out and enforce the provisions of this chapter.

8-19      Sec. 19.  NRS 597.800 is hereby amended to read as follows:

8-20      597.800  1.  The right of publicity established by NRS

8-21  597.790 is freely transferable, in whole or in part, by contract,

8-22  license, gift, conveyance, assignment, devise or testamentary trust

8-23  by a person or his successor in interest.

8-24      2.  If a deceased person has not transferred his rights as

8-25  provided by subsection 1, and he has no surviving beneficiary or

8-26  successor in interest upon his death, the commercial use of his

8-27  name, voice, signature, photograph or likeness does not require

8-28  consent.

8-29      3.  A successor in interest or a licensee of a deceased person

8-30  may file in the Office of the Secretary of State, on a form prescribed

8-31  by the Secretary of State and upon the payment of a filing fee of

8-32  $25, a verified application for registration of his claim. The

8-33  application must include:

8-34      (a) The legal and professional name of the deceased person;

8-35      (b) The date of death of the deceased person;

8-36      (c) The name and address of the claimant;

8-37      (d) The basis of the claim; and

8-38      (e) A description of the rights claimed.

8-39      4.  A successor in interest or a licensee of a deceased person

8-40  may not assert any right against any unauthorized commercial use of

8-41  the deceased person’s name, voice, signature, photograph or

8-42  likeness that begins before the filing of an application to register his

8-43  claim.

8-44      5.  A person, firm or corporation seeking to use the name,

8-45  voice, signature, photograph or likeness of a deceased person for

9-1  commercial purposes must first make a reasonable effort, in good

9-2  faith, to discover the identity of any person who qualifies as a

9-3  successor in interest to the deceased person. A person claiming to be

9-4  a successor in interest to a deceased person must, within 6 months

9-5  after the date he becomes aware or should reasonably have become

9-6  aware of an unauthorized commercial use of the deceased person’s

9-7  name, voice, signature, photograph or likeness, register a claim with

9-8  the Secretary of State pursuant to subsection 3. Failure to register

9-9  shall be deemed a waiver of any right of publicity.

9-10      6.  The Secretary of State may microfilm , transfer to a

9-11  machine-readable medium or reproduce by other techniques any

9-12  document filed pursuant to this section and thereafter destroy the

9-13  original of the document. The microfilm , copy of information that

9-14  was transferred to a machine-readable medium or other

9-15  reproduction is admissible in any court of record. The Secretary of

9-16  State may destroy the microfilm , copy or other reproduction 50

9-17  years after the death of the person whose identity is the subject of

9-18  the claim.

9-19      7.  A claim registered pursuant to this section is a public record.

9-20      Sec. 20.  NRS 612.260 is hereby amended to read as follows:

9-21      612.260  1.  Each employing unit shall keep true and accurate

9-22  work records, containing such information as the Administrator may

9-23  prescribe. Such records must be open to inspection and may be

9-24  copied by the Administrator or his authorized representatives or the

9-25  Department of Taxation at any reasonable time and as often as may

9-26  be necessary.

9-27      2.  The Administrator, the Board of Review, or any appeal

9-28  tribunal may require from any employing unit any sworn or

9-29  unsworn reports, with respect to persons employed by it, which he

9-30  or the Board of Review deems necessary for the effective

9-31  administration of this chapter.

9-32      3.  Except as limited by this subsection, the Administrator may:

9-33      (a) Destroy any letter of the Unemployment Compensation

9-34  Service or State Employment Service and any form, benefit

9-35  determination or redetermination, ruling, employer’s status or

9-36  contribution report, wage slip report, claim record, wage list or any

9-37  auxiliary computer file related thereto at the expiration of 4 years

9-38  after the record was originated or filed with the Service; or

9-39      (b) Destroy such records at any time after having transferred

9-40  them to a machine-readable medium or microphotographed them

9-41  in the manner and on film or paper that complies with the minimum

9-42  standards of quality approved for such photographic records by the

9-43  American National Standards Institute. The microphotographed

9-44  records or the machine-readable format to which the records were

9-45  transferred must be retained for not less than 4 years.

10-1  This subsection does not apply to records pertaining to grants,

10-2  accounts or expenditures for administration, or to the records of the

10-3  Unemployment Compensation Administration Fund.

10-4      Sec. 21.  NRS 616B.024 is hereby amended to read as follows:

10-5      616B.024  1.  Upon written approval of the Administrator, the

10-6  insurer may destroy accumulated and noncurrent detail records such

10-7  as payroll reports, checks, claims[,] and other records of similar

10-8  importance for the period from July 1, 1913, to January 1, 1947, if:

10-9      (a) Claims from January 1, 1940, and after are first

10-10  microphotographed; and

10-11     (b) A brief inventory of the destroyed records is retained.

10-12     2.  The insurer may dispose of or destroy any record which has

10-13  been microphotographed or filmed if the procedure [required by] for

10-14  microphotography set forth in NRS 239.051 has been followed.

10-15     3.  The principal records, such as the general and regular

10-16  journals and the general ledgers, must be retained intact until

10-17  audited and then must be microfilmed or transferred to a machine-

10-18  readable medium for retention until their destruction pursuant to

10-19  NRS 239.051.

10-20     Sec. 22.  NRS 683A.0873 is hereby amended to read as

10-21  follows:

10-22     683A.0873  1.  Each administrator shall maintain at his

10-23  principal office adequate books and records of all transactions

10-24  between himself, the insurer and the insured. The books and records

10-25  must be maintained in accordance with prudent standards of

10-26  recordkeeping for insurance and with regulations of the

10-27  Commissioner for a period of 5 years after the transaction to which

10-28  they respectively relate. After the 5-year period, the administrator

10-29  may remove the books and records from the State, store their

10-30  contents on microfilm or in a machine-readable medium or return

10-31  them to the appropriate insurer.

10-32     2.  The Commissioner may examine, audit and inspect books

10-33  and records maintained by an administrator under the provisions of

10-34  this section to carry out the provisions of NRS 679B.230 to

10-35  679B.300, inclusive.

10-36     3.  The names and addresses of insured persons and any other

10-37  material which is in the books and records of an administrator are

10-38  confidential except when used in proceedings against the

10-39  administrator.

10-40     4.  The insurer may inspect and examine all books and records

10-41  to the extent necessary to fulfill all contractual obligations to insured

10-42  persons, subject to restrictions in the written agreement between the

10-43  insurer and administrator.

 

 

11-1      Sec. 23.  NRS 686A.400 is hereby amended to read as follows:

11-2      686A.400  1.  A company shall maintain records of each

11-3  transaction for 3 years after making the final entry with respect to

11-4  the transaction. The records may be preserved in photographic form,

11-5  on microfilm or microfiche , in a machine-readable medium or in

11-6  [a] any other form approved by the Commissioner.

11-7      2.  The records must be open to the Commissioner at all times.

11-8  The Commissioner may require a company to furnish to him in any

11-9  form he requires any information maintained in the company’s

11-10  records.

11-11     Sec. 24.  This act becomes effective on July 1, 2003.

 

11-12  H