SB5 - Revises the name of the Division of State Library, Archives and Public Records of the Department of Administration. (BDR 18-113)

S.B. 5 - *SB5* SENATE BILL NO. 5–COMMITTEE ON GOVERNMENT AFFAIRS (ON BEHALF OF THE DIVISION OF STATE LIBRARY, ARCHIVES AND PUBLIC RECORDS OF THE DEPARTMENT OF ADMINISTRATION) PREFILED OCTOBER 28, 2026 ____________ Referred to Committee on Government Affairs SUMMARY—Revises the name of the Division of State Library, Archives and Public Records of the Department of Administration. (BDR 18-113) FISCAL NOTE: Effect on Local Government: No. Effect on the State: May have Fiscal Impact. Effect on the State Highway Fund: No. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to the Division of State Library, Archives and Public Records; renaming the Division of State Library, Archives and Public Records of the Department of Administration to the Division of State Library and Archives; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law creates the Division of State Library, Archives and Public Records 1 of the Department of Administration. (NRS 232.213) Section 1 of this bill revises 2 the name of the Division of State Library, Archives and Public Records to the 3 Division of State Library and Archives. Sections 2-83 of this bill make conforming 4 changes to reflect the change in name. 5 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 232.213 is hereby amended to read as follows: 1 232.213 1. The Department of Administration is hereby 2 created. 3 2. The Department consists of a Director and the following: 4 – 2 – - *SB5* (a) Risk Management Division. 1 (b) Hearings Division, which consists of hearing officers, 2 compensation officers and appeals officers. 3 (c) State Public Works Division. 4 (d) Purchasing Division. 5 (e) Administrative Services Division. 6 (f) Division of Human Resource Management. 7 (g) Division of State Library [,] and Archives . [and Public 8 Records.] 9 (h) Fleet Services Division. 10 (i) Public Employees’ Deferred Compensation Program. 11 (j) Mail Services Division. 12 Sec. 2. NRS 232.215 is hereby amended to read as follows: 13 232.215 The Director: 14 1. Shall appoint an Administrator of the: 15 (a) Risk Management Division; 16 (b) State Public Works Division; 17 (c) Purchasing Division; 18 (d) Administrative Services Division; 19 (e) Division of Human Resource Management; 20 (f) Division of State Library [,] and Archives ; [and Public 21 Records;] 22 (g) Fleet Services Division; and 23 (h) Mail Services Division. 24 2. Shall, with the concurrence of the Governor and the 25 Committee to Administer the Public Employees’ Deferred 26 Compensation Program, appoint the Executive Officer of the Public 27 Employees’ Deferred Compensation Program. 28 3. Shall serve as Chief of the Hearings Division and shall 29 appoint the hearing officers and compensation officers. The Director 30 may designate one of the appeals officers in the Division to 31 supervise the administrative, technical and procedural activities of 32 the Division. 33 4. Is responsible for the administration, through the divisions 34 of the Department, of the provisions of chapters 233F, 242 and 284 35 of NRS, NRS 287.250 to 287.370, inclusive, and chapters 331, 333, 36 336, 338, 341 and 378 of NRS and all other provisions of law 37 relating to the functions of the divisions of the Department. 38 5. Is responsible for the administration of the laws of this State 39 relating to the negotiation and procurement of medical services and 40 other benefits for state agencies. 41 6. Has such other powers and duties as are provided by law. 42 Sec. 3. NRS 232.2165 is hereby amended to read as follows: 43 232.2165 1. The Administrator of: 44 (a) The State Public Works Division; 45 – 3 – - *SB5* (b) The Purchasing Division; 1 (c) The Administrative Services Division; 2 (d) The Division of Human Resource Management; 3 (e) The Division of State Library [,] and Archives ; [and Public 4 Records;] 5 (f) The Fleet Services Division; and 6 (g) The Mail Services Division, 7  of the Department serves at the pleasure of the Director and is in 8 the unclassified service of the State. 9 2. The Executive Officer of the Public Employees’ Deferred 10 Compensation Program appointed pursuant to NRS 232.215 is in the 11 unclassified service of the State and serves at the pleasure of the 12 Director, except that he or she may be removed by a majority vote 13 of the Committee to Administer the Public Employees’ Deferred 14 Compensation Program. 15 Sec. 4. NRS 232.217 is hereby amended to read as follows: 16 232.217 Unless federal law or regulation otherwise requires, 17 the Administrator of the: 18 1. State Public Works Division; 19 2. Purchasing Division; 20 3. Division of Human Resource Management; 21 4. Division of State Library [,] and Archives ; [and Public 22 Records;] and 23 5. Fleet Services Division, 24  may appoint a Deputy and a Chief Assistant in the unclassified 25 service of the State, who shall not engage in any other gainful 26 employment or occupation except as otherwise provided in 27 NRS 284.143. 28 Sec. 5. NRS 232.219 is hereby amended to read as follows: 29 232.219 1. The Department of Administration’s Operating 30 Fund for Administrative Services is hereby created as an internal 31 service fund. 32 2. The operating budget of each of the following entities must 33 include an amount representing that entity’s share of the operating 34 costs of the central accounting function of the Department: 35 (a) State Public Works Division; 36 (b) Purchasing Division; 37 (c) Hearings Division; 38 (d) Risk Management Division; 39 (e) Division of Human Resource Management; 40 (f) Division of State Library [,] and Archives ; [and Public 41 Records;] 42 (g) Fleet Services Division; 43 (h) Public Employees’ Deferred Compensation Program; and 44 (i) Mail Services Division. 45 – 4 – - *SB5* 3. All money received for the central accounting services of the 1 Department must be deposited in the State Treasury for credit to the 2 Operating Fund. 3 4. All expenses of the central accounting function of the 4 Department must be paid from the Fund as other claims against the 5 State are paid. 6 Sec. 6. NRS 233B.040 is hereby amended to read as follows: 7 233B.040 1. To the extent authorized by the statutes 8 applicable to it, each agency may adopt reasonable regulations to aid 9 it in carrying out the functions assigned to it by law and shall adopt 10 such regulations as are necessary to the proper execution of those 11 functions. If adopted and filed in accordance with the provisions of 12 this chapter, the following regulations have the force of law and 13 must be enforced by all peace officers: 14 (a) The Nevada Administrative Code; and 15 (b) Temporary and emergency regulations. 16  In every instance, the power to adopt regulations to carry out a 17 particular function is limited by the terms of the grant of authority 18 pursuant to which the function was assigned. 19 2. Every regulation adopted by an agency must include: 20 (a) A citation of the authority pursuant to which it, or any part of 21 it, was adopted; and 22 (b) The address of the agency and, to the extent not elsewhere 23 provided in the regulation, a brief explanation of the procedures for 24 obtaining clarification of the regulation or relief from the strict 25 application of any of its terms, if the agency is authorized by a 26 specific statute to grant such relief, or otherwise dealing with the 27 agency in connection with the regulation. 28 3. An agency may adopt by reference in a regulation material 29 published by another authority in book or pamphlet form if: 30 (a) It files one copy of the publication with the Secretary of 31 State and one copy with the State Library [,] and Archives [and 32 Public Records] Administrator, and makes at least one copy 33 available for public inspection with its regulations; and 34 (b) The reference discloses the source and price for purchase of 35 the publication. 36  An agency shall not attempt to incorporate any other material in a 37 regulation by reference. 38 4. An agency shall adopt a proposed regulation not later than 2 39 years after the date on which the proposed regulation is submitted to 40 the Legislative Counsel pursuant to subsection 1 of NRS 233B.063. 41 If an agency does not adopt a proposed regulation within the time 42 prescribed by this subsection, the executive head of the agency shall 43 appear personally before the Legislative Commission and explain 44 why the proposed regulation has not been adopted. 45 – 5 – - *SB5* Sec. 7. NRS 233B.0607 is hereby amended to read as follows: 1 233B.0607 1. The agency shall at the time of giving the 2 notice of intent to act upon a regulation required pursuant to 3 NRS 233B.060: 4 (a) Deposit one copy of the notice and text of the proposed 5 regulation with the State Library [,] and Archives [and Public 6 Records] Administrator; 7 (b) Keep at least one copy of the notice and text available in 8 each of its offices from the date of the notice to the date of the 9 hearing, for inspection and copying by the public; and 10 (c) Post a copy of the notice and text of the proposed regulation 11 on the Internet website of the agency. 12 2. The agency shall provide in print or an electronic format a 13 copy of the notice of intent to act upon a regulation required 14 pursuant to NRS 233B.060 and the text of the proposed regulation 15 to any person who requests a copy from the agency. 16 3. The text of the proposed regulation so disseminated must 17 include the entire text of any section of the Nevada Administrative 18 Code which is proposed for amendment or repeal. 19 4. After the final version of an adopted regulation is received, 20 each librarian may discard the deposited copy of the text of the 21 proposed regulation. 22 Sec. 8. NRS 233B.065 is hereby amended to read as follows: 23 233B.065 1. The Legislative Counsel shall prescribe the 24 numbering, page size, style and typography of the Nevada 25 Administrative Code. For convenience of reproduction in the 26 Nevada Administrative Code, the Legislative Counsel may prescribe 27 the same matters in original agency regulations. 28 2. The Legislative Counsel shall cause to be included in the 29 Nevada Administrative Code the: 30 (a) Date on which an agency last completed a review of its 31 regulations pursuant to paragraph (e) of subsection 1 of NRS 32 233B.050; and 33 (b) Citation of authority pursuant to which the agency adopted 34 each section of a permanent regulation. 35 3. The Legislative Counsel shall prepare or cause the State 36 Printer to prepare such sets of the Nevada Administrative Code and 37 of supplementary pages as are required from time to time. A set 38 must be provided to and kept respectively: 39 (a) By the Secretary of State as the master copy; 40 (b) By the State Library [,] and Archives [and Public Records] 41 Administrator for public use; 42 (c) By the Attorney General for his or her use and that of the 43 Executive Department; and 44 – 6 – - *SB5* (d) By the Legislative Counsel for his or her use and that of the 1 Legislature. 2  The Legislative Commission may direct the preparation of 3 additional sets or pages, or both, and specify the places where those 4 sets or parts of sets are to be kept and the uses to be made of them. 5 4. The Legislative Counsel shall, without charge, provide: 6 (a) A complete set of the Nevada Administrative Code, upon 7 request, to each person who is on July 1, 1985, or who becomes 8 after that date a member of the Legislature; and 9 (b) To each Legislator who has so acquired the Nevada 10 Administrative Code, the replacement or supplementary pages 11 which are issued during the Legislator’s term of office. 12 5. Each agency shall reimburse the Legislative Counsel Bureau 13 and the State Printing Office for their respective costs in preparing 14 and keeping current that agency’s portion of the Nevada 15 Administrative Code in the number of copies required for official 16 and public use. If additional sets or pages are sold, the Legislative 17 Commission shall set sale prices sufficient to recover at least the 18 cost of production and distribution of the additional sets or pages. 19 Sec. 9. NRS 233B.0653 is hereby amended to read as follows: 20 233B.0653 1. The Legislative Counsel shall prepare and 21 publish or cause to be prepared and published a Register of 22 Administrative Regulations. The Register must include the 23 following information regarding each permanent regulation adopted 24 by an agency: 25 (a) The proposed and adopted text of the regulation and any 26 revised version of the regulation; 27 (b) The notice of intent to act upon the regulation set forth in 28 NRS 233B.0603; 29 (c) The written notice of adoption of the regulation required 30 pursuant to NRS 233B.064; 31 (d) The informational statement required pursuant to NRS 32 233B.066; and 33 (e) The effective date of the regulation, as determined pursuant 34 to NRS 233B.070. 35  In carrying out the duties set forth in this subsection, the 36 Legislative Counsel may use the services of the State Printing 37 Office. 38 2. The Legislative Counsel shall publish the Register not less 39 than 10 times per year but not more than once every 2 weeks. 40 3. The Register must be provided to and maintained by: 41 (a) The Secretary of State; 42 (b) The Attorney General; 43 (c) The Supreme Court Law Library; 44 (d) The State Library [,] and Archives ; [and Public Records;] 45 – 7 – - *SB5* (e) Each county clerk; 1 (f) Each county library; and 2 (g) The Legislative Counsel Bureau. 3 4. The Legislative Counsel may sell an additional copy of the 4 Register to any person or governmental entity that requests a copy, 5 at a price which does not exceed the cost of publishing the 6 additional copy. 7 5. The Legislative Counsel is immune from civil liability 8 which may result from failure to include any information in the 9 Register. 10 Sec. 10. NRS 233B.070 is hereby amended to read as follows: 11 [Text truncated for display. Full text available on LegiScan.]