Assembly Bill No. 214–Assemblymen Mortenson, Chowning, Brown, Christensen, Claborn, Hettrick, Leslie, McCleary, Oceguera and Pierce

 

February 28, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Establishes requirements concerning state and local government publications issued in electronic form. (BDR 33‑1078)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

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

 

AN ACT relating to government publications; requiring the State Library and Archives Administrator to establish standards for state and local government publications issued in electronic form; requiring state and local governments that issue a publication in electronic form to transmit a copy of the publication to the State Publications Distribution Center within the State Library and Archives; requiring the Center to make such publications available for access on the Internet; 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. Chapter 378 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  The State Library and Archives Administrator shall establish

1-4  standards for state and local government publications issued in

1-5  electronic form and for the transmission of such publications to

1-6  the State Publications Distribution Center.

1-7  Sec. 2.  NRS 378.150 is hereby amended to read as follows:

1-8  378.150  It is the intent of the Legislature in enacting NRS

1-9  378.150 to 378.210, inclusive, and section 1 of this act that:

2-1  1.  All state and local government publications issued in print

2-2  be distributed to designated depository libraries for use by all

2-3  inhabitants of the State; [and]

2-4  2.  Designated depository libraries assume the responsibility for

2-5  keeping such publications readily accessible for use and rendering

2-6  assistance, without charge, to patrons using them[.] ;

2-7  3.  State and local governments be encouraged to issue state

2-8  and local government publications in electronic form whenever

2-9  possible; and

2-10      4.  The State Library and Archives assumes the responsibility

2-11  for making such publications available for access, without charge,

2-12  on the Internet.

2-13      Sec. 3.  NRS 378.160 is hereby amended to read as follows:

2-14      378.160  As used in NRS 378.150 to 378.210, inclusive[:] ,

2-15  and section 1 of this act, unless the context otherwise requires:

2-16      1.  “Electronic form” means any representation of text or

2-17  graphics, or pictorial, audio or other information in a form that is

2-18  accessible by a computer.

2-19      2.  “Internet” has the meaning ascribed to it in

2-20  NRS 453.3625.

2-21      3.  “Print” means all forms of printing and duplicating other

2-22  than by use of carbon paper.

2-23      [2.] 4. “State agency” includes the Legislature, constitutional

2-24  officers or any department, division, bureau, board, commission or

2-25  agency of the State of Nevada.

2-26      [3.] 5. “State publication” includes any document issued in

2-27  print or electronic form by any state agency and which may legally

2-28  be released for public distribution, but does not include:

2-29      (a) Nevada Revised Statutes with annotations;

2-30      (b) Nevada Reports;

2-31      (c) Bound volumes of the Statutes of Nevada;

2-32      (d) Press items of the University and Community College

2-33  System of Nevada which are not in the nature of public and other

2-34  items for the University and Community College System of Nevada

2-35  not designed for external distribution;

2-36      (e) Correspondence and intraoffice or interoffice

2-37  communications which are not of vital interest to the public; or

2-38      (f) Publications from established agencies which are required by

2-39  federal and state law to be distributed to depositories which

2-40  duplicate those under NRS 378.200.

2-41      Sec. 4.  NRS 378.180 is hereby amended to read as follows:

2-42      378.180  1.  Every state agency [shall, upon release, deposit 12

2-43  copies of each of its state publications which] , upon its release of a

2-44  state publication, shall:

3-1  (a) If the publication is issued in print and was not printed by

3-2  the State Printing Division of the Department of Administration ,

3-3  deposit 12 copies of the publication with the State Publications

3-4  Distribution Center [to meet the needs of the depository library

3-5  system and to provide interlibrary loan service to those libraries

3-6  without depository status.] ; or

3-7  (b) If the publication is issued in electronic form, transmit one

3-8  copy of the publication to the Center.

3-9  2.  For each item printed by the State Printing Division of the

3-10  Department of Administration, 12 additional copies must be printed

3-11  by the Division, these to be collected by the State Publications

3-12  Distribution Center and distributed to public libraries and libraries

3-13  of the University and Community College System of Nevada within

3-14  the State.

3-15      3.  Every city, county and regional agency and every school

3-16  district and special district [shall, upon release,] , upon its release of

3-17  a local government publication, shall:

3-18      (a) If the publication is issued in print, deposit with the State

3-19  Publications Distribution Center at least six copies of [each of its

3-20  publications and a list of its publications for a calendar year.] the

3-21  publication; or

3-22      (b) If the publication is issued in electronic form, transmit one

3-23  copy of the publication to the Center.

3-24      4.  Every city, county and regional agency and every school

3-25  district and special district shall, upon its release of a local

3-26  government publication, deposit with or transmit to the Center a

3-27  list of all its local government publications issued during that

3-28  calendar year.

3-29      Sec. 5.  NRS 378.200 is hereby amended to read as follows:

3-30      378.200  1.  After receipt of any state publications[,] issued in

3-31  print, the State Publications Distribution Center shall distribute

3-32  copies of those publications as follows:

3-33      (a) One copy to the Legislative Counsel Bureau;

3-34      (b) Two copies to the Library of Congress; and

3-35      (c) Two copies to each depository library in this state.

3-36      2.  The Center shall retain sufficient copies in the State Library

3-37  and Archives for preservation and use by the public. The remaining

3-38  copies must be used for distribution in accordance with any

3-39  agreements entered into with other states for the exchange of state

3-40  publications, and for lending to those libraries without depository

3-41  status.

3-42      3.  After receipt of a state publication issued in electronic

3-43  form, the Center shall make that publication available for access,

3-44  without charge, on the Internet.

 

4-1  Sec. 6.  NRS 378.210 is hereby amended to read as follows:

4-2  378.210  The State Publications Distribution Center shall

4-3  [periodically] :

4-4  1.  Periodically publish, and, upon request, distribute to all state

4-5  agencies and contracting depository libraries a list of state

4-6  publications[.] ; and

4-7  2.  Make the list of state publications available for access,

4-8  without charge, on the Internet.

4-9  Sec. 7.  NRS 345.060 is hereby amended to read as follows:

4-10      345.060  1.  As used in this section, unless the context

4-11  otherwise requires:

4-12      (a) “State agency” includes the Legislature, constitutional

4-13  officers or any department, division, bureau, board, commission or

4-14  agency of the State of Nevada.

4-15      (b) “State publication” has the meaning ascribed to it in

4-16  [subsection 3 of] NRS 378.160.

4-17      2.  Except as otherwise provided in subsection 3, every state

4-18  agency which periodically distributes any state publication shall , at

4-19  least after every 12 issues or annually if published more frequently

4-20  than once a month , notify the person receiving the publication that

4-21  his name will be deleted from the mailing list unless he notifies the

4-22  state agency within 30 days that he wants to remain on the mailing

4-23  list.

4-24      3.  This section does not apply if the person subscribes to and

4-25  pays a fee for the state publication.

4-26      Sec. 8.  1.  This section and section 1 of this act become

4-27  effective upon passage and approval.

4-28      2.  Sections 2 to 7, inclusive, of this act become effective on

4-29  October 1, 2003.

 

4-30  H