Nevada State Laws on Optical Images

State Archivist and Records Manager:

Guy Louis Rocha, State Archivist & Records Administrator

Nevada State Library & Archives

100 Stewart St., Carson City NV 89710

702-687-5210 fax: 702-687-8317

Jeffrey M. Kintop, State Archives Mgr.

702-687-5210

Robert H. van Straten, State Records Mgr.

702-687-5211

Are Microfilm and Optical Imaging

Technologies Legally Acceptable?

NRS 239.051 (1) Microfilm technology can be used to replace paper records when:

# Microfilm is placed on ANSI Quality film, and;

# A security copy of the microfilm is produced and stored offsite.

(2) Computer systems can be used to replace paper records when:

# It permits the retrieval and reproduction of the original, and;

# A security copy of the records is produced and stored off-site.

NRS 52.195 "Duplicate" defined to include microfilm and optical imaging technology.

# #3 "...photography, including enlargements or miniatures..."

# #4. "By mechanical or electronic rerecording, including a counterpart produced by an optical imaging system."

NRS'52.247 Paper records can be replaced by other formats when done in the regular course of business, and the ormat(s):

# Ensures an accurate reproduction, or;

# Creates a reliable medium for reproducing the original.

Conditions for Acceptance of

Microfilm and Optical Imaging Technologies

The Problem -- Authenticity:

NRS 52.247 if (#2) Any rerecorded, copied or reproduced record specified in section 1 is admissible to the same extent as an original, regardless of whether the original is available . if the rerecorded, copied or reproduced record is sufficiently authenticated.

NRS 52.245 if "... a duplicate is admissible to the same extent a.s .a.n original unless: (a) A genuine question is raised as to the authenticity of the original ..."

The Answer -- Control:

# (1) Adopt by formal policy and use an organized, systematic written filing procedure.

# (2) Adopt by formal policy and use written procedures controlling the purchase, use, maintenance, protection and security of the equipment, hardware, software and supplies being used.

# (3) Organize and provide an established adequate training program, to train all staff in the (a); use, maintenance, protection (fire, water and other forms of disaster) and security (theft, tampering and access) of the operation and maintenance of the equipment and control of the operation area, and (b); the procedures used to capture the image and security of the records being placed on that technology.

# (4) Conduct an annual (or more frequent if necessary) audit or assessment of the above operations, policy and procedures. A formal report should indicate to top management whether there are deficiencies or problems which should be addressed and/or whether they are functioning properly.

52.185 Definitions. As used in NRS 52.185 to 52.295, inclusive, unless the context othe .rwise requires, the words defined in NRS 52.195 to 52.225, inclusive, have the meanings ascribed to them in NRS 52.195 to 52.225, inclusive.

(Added to NRS by 1971, 800)

52.195 "Duplicate" defined. "Duplicate" means a counterpart produced: 1. By the same impression as the original; 2. From the same matrix;

3. By means of photography, including enlargements and miniatures;

4. By mechanical or electronic rereeording, including a counterpart produced by an optical imaging system;

5. By chemical reproduction; or

6. By other equivalent technique designed to ensure an accurate reproduction of the original.

(Added to NRS by 1971, 800; A 1995, 136)

SUBCOMMITTEE'S COMMENT.

Taken from subdivision (d) of Draft Federal

Rule 10-01.

52.205 "Original" defined.

1. An "original" of a writing or recording is the writing or recording itself or

any counterpart intended to have the same effect by a person executing or issuing it. 2. An "original" of a photograph includes the negative or any print therefrom.

3. If data are stored in a computer or similar device, any printout or other output readable by sight, shown accurately to reflect the data, is an "original."

(Added to NRS by 1971, 800)

SUBCOMMIITEE'S COMMENT.

Taken from subdivision (c) of Draft. Federal

Rule 10-01.

52.225 "Writings" and "recordings" defined. "Writings" and "recordings" consist of letters, words or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, or other form of data compilation.

(Added to NRS by 1971, 800)

52.235 Original required. To prove the content of.a writing, recording or photograph, the original writing, recording or photograph is required, except as otherwise provided in this Title.

(Added to NRS by 1971, 800)

52.245 Admissibility of duplicates.

1. In addition to the situations governed by subsection 2, a duplicate is admissible to the same extent as an original unless:

(a) A genuine question is raised as to the authenticity of the original; or

(b) In the circumstances it 'would be unfair to admit the duplicate in lieu of the original.

2. Except as otherwise provided in NRS 52.247, a duplicate is admissible to the same extent as an original if the person or office having custody of the original was authorized to destroy the original after preparing a duplicate, and in fact did so.

(Added to NRS by 1971, 800; A 1995, 182)

52.247 Admissibility of rerecorded, copied or reproduced records; certain records of governmental agency deemed public records.

1 Unless held in a fiduciary or custodial capacity or unless specifically prohibited by a federal or state statute or regulation, by a local ordinance or by an order or judgment of a court of competent jurisdiction, if any business or governmental agency has, in the regular course of its business:

(a) Produced, kept or maintained any document, memorandum, writing, entry, print or other record of any act, transaction, occurrence or event relating to the conduct of its business; and

(b) Has caused any of those records to be rerecorded, copied or reproduced by any photographic, photostatic or other process which ensures an accurate reproduction or creates a reliable medium for reproducing the original of any of those records, the business or governmental agency may, in the regular course of its business, destroy any of those records.

2. Any rerecorded, copied or reproduced record specified in subsection 1 is admissible to the same extent as an original, regardless of whether the original is available for inspection or has been lost or destroyed, if the rerecorded, copied or reproduced record is sufficiently authenticated.

3. An enlargement or facsimile of a rerecorded, copied or reproduced record

specified in subsection 2 is admissible to the same extent as an original if: (a) The record has not been lost or destroyed; and (b) It is available for inspection by the court. The introduction of an enlargement or facsimile of a record pursuant to the provisions of this subsection does not prohibit the admission of the original of that record.

4. If a governmental agency destroys any of its records and causes those records to be recorded, copied or reproduced pursuant to subsection 1:

(a) The recorded, copied or reproduced record shall be deemed a public record for the purposes of chapter 239 of NRS; and

(b) The governmental agency shall render such assistance as is necessary to allow any member of the public access to the recorded, copied or reproduced record if the record is not otherwise declared by law to be confidential.

5. As used in this section, "business" means any proprietorship, including any member of a profession licensed pursuant to Title 54 of NRS, corporation, partner-

ship, association, trust, unincorporated organization or other enterprise doing busi· ness in this state.

(Added to NRS by 1995, 181)

52.252 Admissibility of copy or transcript of recordings of telephone calls made through system providing telephone number to be used in emergency. The content of recordings of telephone calls made through a system established to provide a telephone number to be used in an emergency, if otherwise admissible, may be proved by a copy or transcript of the recording which is authenticated by a custodian of the records of the system in a signed affidavit. The custodian must verify in the affidavit that the copy or transcript is a true and complete reproduction of the original recording and that the original recording was made at the time of the telephone call and in the course of a regularly conducted activity.

(Added to NRS by 1995, 903)

52.255 Admissibility of other evidence of contents. Except as otherwise provided in NRS 52.247, the original is not required, and other evidence of the contents of a writing, recording or photograph is admissible, if:

1. All originals are lost or have be~n destroyed, unless the loss or destruction resulted from the fraudulent act of the proponent.

2. No original can be obtained 'by any available judicial process or procedure. 3. At a time when an original was under the control of the party against whom offered, he was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and he does not produce the original at the hearing.

4. The writing, recording or photograph is not closely related to a controlling issue.

(Added to NRS by 1971, 801; A 1995, 182)

239.010 Public books and public records open to inspection; copyrighted books and records.

1. All public books and public records of a public agency, a university founda= tion or an educational foundation, the contents of which are not otherwise declared by law to be confidential, must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the public agency, university foundation or educational foundation or of the general public. This section does not supersede or in_any manner. affect the federal. laws. governing copyrights or enlarge, diminish or affect in any other manner the rights o! a person in any written book or record which is copyrighted pursuant to federal law.

2. public agency may not reject a book or record which is copyrighted solely because it is copyrighted.

3. As used in this section:

(a) "Educational foundation" has the meaning ascribed to it in subsection 3 of NRS 388.750.

"Public a en "means an . officer of the state or a county, city, district,

(b)

governmental subdivision or quasi-mumicipal co. rporation and any office of this state.

[1:149:1911; RL § 3232; NCL § 5620]--(NRS A 1963, 26; 1965, 69; 1993, 1230, 2307, 2623; 1995, 503, 716)

REPRODUCTION OF RECORDS

239.051 Reproduction of public records before destruction: Requirements. 1. Unless destruction of a particular record without reproduction is authorized by a schedule adopted pursuant to NRS 239.080 or 239.125, any custodian of public records in this state may des.troy documents, instruments, papers, .books and any other records or writings in his custody only if those records or' writings have been placed on microphotographic film or if _the information they contain has been entered into a computer system which permits the retrieval and reproduction of that information. A reproduction of that film or that information shall be deemed to be the

original.

2. Microphotographs made pursuant to this section must be made on film which complies with minimum standards of quality approved by the American National Standards Institute.

3. The custodian of the records or writings shall:

(a) Promptly store at least one copy of the microphotographic film or the tape, disk or other medium used for the storage of that information by the computer in such a manner and place as to protect it reasonably from loss or damage; and

(b) Maintain for the use of authorized persons a copy of a reproduction of the film or the information stored by the computer.

(Added to NRS by 1981, 601)

239.070 Use of microfilm by county recorder for recording; division to provide microfilming or similar service; requirements; sale of duplicate.

1. In lieu of or in addition to the method of recording required or allowed by statute, the county recorder may use microfilm for such recording.

2. The division, in cooperation with the state printing and micrographics div!sion. of the department of administration, shall provide microfilming service to any local

government. The charge for the service must not exceed the actual cost.3. If microfilming is used:

(a) The microphotographs or micronegative films must be properly indexed and placed in convemently accessible files.

b) Each film must be designated and numbered.

c) Provision must be made for preserving, examining and using the films.

4. A duplicate of each such film must be made and kept safely in a separate place.

5. Duplicates of each such film must be made available by the county recorder for sale at a price not exceeding cost upon the request of any person, firm or organization. Subject to the approval of the board of county commissioners, the county recorder may, at any time, make additional duplicates of each such film available for sale to the public at a price not exceeding cost.

6. The division shall provide services for recording other than microfilming to any local government if the division has the equipment necessary to provide the services. The services provided are subject to the requirements of this section relating to microfilming.

[3:135:1953]--(NRS A 1961, 393; 1973, 319; 1977, 456; 1979, 179; 1983, 1298; 1985, 464, 1689; 1993, 1538)

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