The following Nebraska Statutes are from the Nebraska Unicameral Home Page.

HEADING Chapter 85. State Uni., State Colleges, and Post. Education.

CATCHLINE Board of Regents; organization; property; powers.

LAW 85_105. The Board of Regents shall have full power to appoint its own presiding officer and secretary. It shall constitute a body corporate, to be known as the Board of Regents of the University of Nebraska, and as such may sue and be sued and may make and use a common seal and alter the same at pleasure. It may acquire real and personal property for the use of the university and may dispose of the same whenever the university can be benefitted thereby, except that it shall never dispose of grounds upon which a building of the university having a market value in excess of five hundred thousand dollars is located without the consent of the Legislature.

HEADING Chapter 81. State Administrative Departments.

CATCHLINE Materiel division; surplus property; sale; appraisal; notification to other agencies; priority of purchasers; proceeds of sale, how credited; deductions from proceeds.

LAW 81_161.04. (1) Whenever any using agency has any personal property for which it no longer has any need or use, it shall notify the materiel division in writing setting forth a description of the property and the approximate length of time that the property has been in the possession of the using agency. The materiel division shall appraise the property and send a bulletin to all other using agencies of the state setting forth that the materiel division has the property for sale and that the property can be bought at the appraised price. No property will be sold until first offered to using agencies as provided by this section unless the property is unusable. If the materiel division fails to receive an offer from any using agency, it may sell or dispose of the property by any method which is most advantageous to the State of Nebraska, including auction, sealed bid, private or public sale, or trade_in for other property, with priorities given to the other political subdivisions of state government. All sales shall be made in the name of the State of Nebraska. (2) Except as otherwise provided in this subsection, the proceeds of the sales shall be deposited with the State Treasurer and credited to the General Fund unless the using agency certifies to the materiel division that the property was purchased in part or in total from either cash accounts or federal funds or from a percentage of such accounts or funds, in which case the proceeds of the sale to that extent shall be credited to the cash or federal account in the percentage used in originally purchasing the property. The cost of selling surplus property shall be deducted from the proceeds of the surplus property sold. The proceeds received from the sale of passenger_carrying motor vehicles originally purchased with money from the General Fund, other than passenger_carrying motor vehicles used by the Nebraska State Patrol, less selling costs, shall be deposited in the state treasury and credited by the State Treasurer to the Transportation Services Bureau Revolving Fund. The proceeds received from the sale of passenger_carrying motor vehicles used by the Nebraska State Patrol, less selling costs, shall be deposited in the state treasury and credited by the State Treasurer to the Nebraska State Patrol Vehicle Replacement Cash Fund. The proceeds received from the sale of micrographic equipment, other than that of the University of Nebraska and state colleges, less selling costs, shall be deposited in the state treasury and credited by the State Treasurer to the Records Management Micrographics Services Revolving Fund. The proceeds received from the sale of aircraft, less selling costs, shall be deposited in the state treasury and credited by the State Treasurer to the Department of Aeronautics Cash Fund.

HEADING Chapter 81. State Administrative Departments.

CATCHLINE Surplus property; purchase or receive from government.

LAW 81_907. The State of Nebraska, its political subdivisions and instrumentalities, and tax_supported institutions are authorized to purchase or receive surplus property from the government of the United States or any government agency thereof.

HEADING Chapter 81. State Administrative Departments.

CATCHLINE All officers, departments, and agencies; state property; inventory; how stamped; action to recover.

LAW 81_1118.02. (1) Each executive, department, commission, or other state agency, including the Supreme Court, the Board of Regents of the University of Nebraska, the State Board of Community Colleges, and the Board of Trustees of the Nebraska State Colleges, shall annually make or cause to be made an inventory of all property, including furniture and equipment, belonging to the State of Nebraska and in the possession, custody, or control of any executive, department, commission, or other state agency. The inventory shall include property in the possession, custody, or control of each executive, department, commission, or other state agency as of June 30 and shall be completed and filed with the materiel administrator by August 31 of each year. (2) If any of the property of the state, referred to in subsection (1) of this section, is lost, destroyed, or unaccounted for by the negligence or carelessness of the executive, department, commission, or other state agency, the administrator shall, with the advice of the Attorney General, take the proper steps to recover such state property or the reasonable value thereof from the executive, department, commission, or other state agency charged with the same and from the person bonding such executive, department, commission, or other state agency, if any. (3) Each such executive, department, commission, or other state agency shall indelibly tag, mark, or stamp all such property belonging to the State of Nebraska, with the following: Property of the State of Nebraska. In the inventory required by subsection (1) of this section, each such executive, department, commission, or other state agency shall state positively that each item of such property has been so tagged, marked, or stamped.

Records Management Act (Nebraska Statutes, Chapter 84)

HEADING Chapter 84. State Officers.

CATCHLINE Legislative intent.

LAW 84_1201. The Legislature declares that: (1) Programs for the systematic and centrally correlated management of state and local records will promote efficiency and economy in the day_to_day record_keeping activities of state and local governments and will facilitate and expedite governmental operations; (2) Records containing information essential to the operations of government, and to the protection of the rights and interests of persons, must be safeguarded against the destructive effects of all forms of disaster and must be available as needed; wherefore it is necessary to adopt special provisions for the selection and preservation of essential state and local records, thereby insuring the protection and availability of such information; (3) The increasing availability and use of computers is creating a growing demand for electronic access to public records, and agencies should use new technology to enhance public access to public records; (4) There must be public accountability in the process of collecting, sharing, disseminating, and accessing public records; (5) The Legislature has oversight responsibility for the process of collecting, sharing, disseminating, and providing access, including electronic access, to public records and establishing fees for disseminating and providing access; (6) Several state agencies, individually and collectively, are providing electronic access to public records through various means, including gateways; and (7) There is a need for a uniform policy regarding the management, operation, and oversight of systems providing electronic access to public records.

HEADING Chapter 84. State Officers.

CATCHLINE Terms, defined.

LAW 84_1202. For purposes of the Records Management Act, unless the context otherwise requires: (1) Agency means any department, division, office, commission, court, board, or elected, appointed, or constitutional officer, except individual members of the Legislature, or any other unit or body, however designated, of the executive, judicial, and legislative branches of state government or of the government of any local political subdivision; (2) Agency head means the chief or principal official or representative in any such agency or the presiding judge of any court, by whatever title known. When an agency consists of a single official, the agency and the agency head are one and the same; (3) State agency means an agency of the state government; (4) Local agency means an agency of a local political subdivision, including any entity created by local public agencies pursuant to the Interlocal Cooperation Act; (5) Local political subdivision means any county, city, village, township, district, authority, or other public corporation or political entity, whether existing under charter or general law, including any entity created by local public agencies pursuant to the Interlocal Cooperation Act. Local political subdivision does not include a city of the metropolitan class or a district or other unit which by law is considered an integral part of state government; (6) Record means any book, document, paper, photograph, microfilm, sound recording, magnetic storage medium, optical storage medium, or other material regardless of physical form or characteristics created or received pursuant to law, charter, or ordinance or in connection with any other activity relating to or having an effect upon the transaction of public business; (7) State record means a record which normally is maintained within the custody or control of a state agency or any other record which is designated or treated as a state record according to general law; (8) Local record means a record of a local political subdivision or of any agency thereof unless designated or treated as a state record under general law; (9) Essential record means a state or local record which is within one or the other of the following categories and which shall be preserved pursuant to the Records Management Act: (a) Category A. Records containing information necessary to the operations of government under all conditions, including a period of emergency created by a disaster; or (b) Category B. Records not within Category A but which contain information necessary to protect the rights and interests of persons or to establish or affirm the powers and duties of state or local governments in the resumption of operations after a disaster; (10) Preservation duplicate means a copy of an essential record which is used for the purpose of preserving the record pursuant to the act; (11) Disaster means any occurrence of fire, flood, storm, earthquake, explosion, epidemic, riot, sabotage, or other conditions of extreme peril resulting in substantial injury or damage to persons or property within this state, whether such occurrence is caused by an act of nature or of humans, including an enemy of the United States; (12) Administrator means the State Records Administrator; (13) Board means the State Records Board; (14) Electronic access means collecting, sharing, disseminating, and providing access to public records electronically; (15) Gateway means any centralized electronic information system by which public records are provided through dial_in modem or continuous link; (16) Public records includes all records and documents, regardless of physical form, of or belonging to this state or any agency, branch, department, board, bureau, commission, council, subunit, or committee of this state except when any other statute expressly provides that particular information or records shall not be made public. Data which is a public record in its original form shall remain a public record when maintained in computer files; and (17) Network manager means an individual, a private entity, a state agency, or any other governmental subdivision responsible for directing and supervising the day_to_day operations and expansion of a gateway.

HEADING Chapter 84. State Officers.

CATCHLINE Secretary of State; State Records Administrator; duties.

LAW 84_1203. The Secretary of State is hereby designated the State Records Administrator, hereinafter called the administrator. The administrator shall establish and administer, within and for state and local agencies, (1) a records management program which will apply efficient and economical methods to the creation, utilization, maintenance, retention, preservation, and disposal of state and local records, (2) a program for the selection and preservation of essential state and local records, (3) establish and maintain a depository for the storage and service of state records, and advise, assist, and govern by rules and regulations the establishment of similar programs in local political subdivisions in the state, and (4) establish and maintain a central microfilm agency for state records and advise, assist, and govern by rules and regulations the establishment of similar programs in state agencies and local political subdivisions in the State of Nebraska.

HEADING Chapter 84. State Officers.

CATCHLINE State Records Board; established; members; duties; meetings.

LAW 84_1204. (1) The State Records Board is hereby established. The board shall: (a) Advise and assist the administrator in the performance of his or her duties under the Records Management Act; (b) Provide electronic access to public records through a gateway; (c) Develop and maintain a gateway or electronic network for accessing public records; (d) Provide appropriate oversight of a network manager; (e) Approve reasonable fees for electronic access to public records pursuant to sections 84_1205.02 and 84_1205.03 and submit contracts for public bidding pursuant to section 84_1205.04; (f) Have the authority to enter into or renegotiate agreements regarding the management of the network in order to provide citizens with electronic access to public records; (g) Explore ways and means of expanding the amount and kind of public records provided through the gateway or electronic network, increasing the utility of the public records provided and the form in which the public records are provided, expanding the base of users who access public records electronically, and, if appropriate, implementing changes necessary for such purposes; (h) Explore technological ways and means of improving citizen and business access to public records and, if appropriate, implement the technological improvements; (i) Explore options of expanding the gateway or electronic network and its services to citizens and businesses; and (j) Perform such other functions and duties as the act requires. (2) In addition to the administrator, the board shall consist of: (a) The Governor or his or her designee; (b) The Attorney General or his or her designee; (c) The Auditor of Public Accounts or his or her designee; (d) The State Treasurer or his or her designee; (e) The Director of Administrative Services or his or her designee; (f) Three representatives appointed by the Governor to be broadly representative of banking, insurance, and law groups; and (g) Three representatives appointed by the Governor to be broadly representative of libraries, the general public, and professional members of the Nebraska news media. (3) The administrator shall be chairperson of the board. Upon call by the administrator, the board shall convene periodically in accordance with its rules and regulations or upon call by the administrator. (4) Six members of the board shall constitute a quorum, and the affirmative vote of six members shall be necessary for any action to be taken by the board. No vacancy in the membership of the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the board. (5) The representatives appointed by the Governor shall serve staggered three_year terms as the Governor designates and may be appointed for one additional term. Members of the board shall be reimbursed for actual and necessary expenses as provided in sections 81_1174 to 81_1177.

HEADING Chapter 84. State Officers.

CATCHLINE Board; network manager; duties.

LAW 84_1205. (1) The board may employ or contract with a network manager. A network manager may include an individual, a private entity, a state agency, or another governmental subdivision. The board shall prepare criteria and specifications for the network manager in consultation with the Department of Administrative Services. Such criteria shall include procedures for submission of proposals by an individual, a private entity, a state agency, or another governmental subdivision. Selection of the network manager shall comply with all applicable procedures of the department. The board may negotiate and enter into a contract with the selected network manager which provides the duties, responsibilities, and compensation of the network manager. (2) The network manager shall direct and supervise the day_to_day operations and expansion of a gateway or electronic network to make public records available electronically, including the initial phase of operations necessary to make the gateway operational. The network manager shall attend meetings of the board, keep a record of all gateway, electronic network, and related operations, which shall be the property of the board, maintain and be the custodian of all financial and operational records, and annually update and revise the business plan for the gateway or electronic network, in consultation with and under the direction of the board. (3) The board shall finance the operation and maintenance of the gateway or electronic network from revenue generated pursuant to sections 52_1316, 60_483, and 84_1205.02 and section 9_411, Uniform Commercial Code.

HEADING Chapter 84. State Officers.

CATCHLINE Technical advisory committee; established; membership.

LAW 84_1205.01. The board shall establish a technical advisory committee to assist it in the performance of its duties. The committee shall consist of individuals who have technical experience and expertise in electronic access and information technology. The committee shall have three members. The members shall include a representative from a state agency that is responsible for providing public records, a representative from the central data processing division of the Department of Administrative Services, and a representative from the computer services group of the Legislative Council.

HEADING Chapter 84. State Officers.

CATCHLINE Board; establish fees.

LAW 84_1205.02. Except as provided in sections 52_1316 and 60_483 and section 9_411, Uniform Commercial Code, the board may establish reasonable fees for electronic access to public records through the gateway. The fees shall not exceed the statutory fee for distribution of the public records in other forms. Any fee established by the board under this section may be collected for a one_year period and shall terminate at the end of the one_year period unless enacted by the Legislature. Any fees collected under this section shall be deposited in the Records Management Cash Fund.

HEADING Chapter 84. State Officers.

CATCHLINE State agency; electronic access to public records; approval required; when; one_time fee.

LAW 84_1205.03. (1) Any state agency desiring to enter into an agreement to or otherwise provide electronic access to public records through a gateway for a fee shall make a written request for approval to the board. The request shall include, but not be limited to, (a) a copy of the contract under consideration if the electronic access is to be provided through a contractual arrangement, (b) the public records which are the subject of the contract or proposed electronic access fee, (c) the anticipated or actual timeline for implementation, and (d) any security provisions for the protection of confidential or sensitive records. The board shall take action on such request in accordance with section 84_1205.02 and after a public hearing within thirty days after receipt. The board may request a presentation or such other information as it deems necessary from the requesting state agency. (2) A state agency may charge a fee for electronic access to public records without the board's approval for a one_time sale in a unique format. The purchaser may object to the fee in writing to the board, and the one_time fee shall then be subject to approval by the board according to the procedures and guidelines established in sections 84_1205 to 84_1205.04.

HEADING Chapter 84. State Officers.

CATCHLINE Contract; public bidding required; when.

LAW 84_1205.04. By September 15, 1997, the board shall submit for public bidding any contract made by a state agency prior to June 7, 1997, for providing electronic access to public records for a fee through a gateway. Any such contract in existence on June 7, 1997, shall be terminated on January 31, 1998, unless sooner voided or terminated by order of a court of competent jurisdiction.

HEADING Chapter 84. State Officers.

CATCHLINE Board; reports.

LAW 84_1205.05. The board shall provide quarterly reports to the Executive Board of the Legislative Council on its activities pursuant to sections 84_1205 to 84_1205.04.

HEADING Chapter 84. State Officers.

CATCHLINE Public record; copies; media; denial of request; effect; appeal.

LAW 84_1205.06. (1) If a state agency is required to provide a copy of public records on request, a person requesting a copy of a public record may elect to obtain it in any and all media in which the agency is capable of providing it. No request for a copy of a public record in a particular medium shall be denied on the ground that the custodian has made or prefers to make the public record available in another medium. (2) A state agency may deny a request for a copy of a public record in a particular medium if: (a) The request is unreasonably complicated; (b) The request specifies a medium not regularly used by the state agency and would cause undue time or expense for the state agency to comply with the request; or (c) The public record is available in the requested medium from another source at a fee equal to or lower than any fee that would be charged by the state agency. (3) A state agency may not deny a request for paper copies of public records. (4) The requester may appeal a decision by a state agency to deny a request for a copy of a public record in a particular medium in writing to the board. The denial shall then be subject to the approval of the board based upon its determination of the state agency's compliance with this section. (5) If a state agency provides copies of public records in a particular medium, the state agency shall provide notice not less than ninety calendar days prior to discontinuing such practice. The notice shall be published at least three times in a newspaper of general circulation.

HEADING Chapter 84. State Officers.

CATCHLINE Administrator; duties; powers.

LAW 84_1206. (1) With due regard for the functions of the agencies concerned, and with such guidance and assistance from the board as may be required, the administrator shall: (a) Establish standards, procedures, and techniques for the effective management of public records; (b) Make continuing surveys of paperwork operations, and recommend improvements in current records management practices, including but not limited to the economical use of space, equipment, and supplies employed in creating, maintaining, storing, preserving, and servicing records; (c) Establish standards for the preparation of schedules providing for the retention of records of continuing value, and for the prompt and orderly disposal of records no longer possessing sufficient administrative, legal, historical, or fiscal value to warrant their further retention; and (d) Obtain from the agencies concerned such reports and other data as are required for the proper administration of the records management program including organizational charts of agencies concerned. (2) The administrator shall establish standards for designating essential records, shall assist agencies in identifying essential records, and shall guide them in the establishment of programs for the preservation of essential records. (3) The administrator may advise and assist members of the Legislature and other officials in the maintenance and disposition of their personal or political papers of public interest and may provide such other services as are available to state and local agencies, within the limitation of available funds.

HEADING Chapter 84. State Officers.

CATCHLINE State executive head; duties.

LAW 84_1207. In accordance with general law, and with such rules and regulations as shall be promulgated by the administrator and the board as provided in section 84_1216, such head of any state agency, department, board, council, legislative or judicial branch, and political subdivision shall: (1) Establish and maintain an active, continuing program for the efficient and economical management of the record_keeping activities of the agency; (2) Make and maintain records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the agency, designed to furnish information to protect the legal and financial rights of the state, and of persons directly affected by the agency's activities; (3) Make, and submit to the administrator, schedules proposing the length of time each record series warrants retention for administrative, legal, historical or fiscal purposes, after it has been made in or received by the agency, and lists of records in the custody or under the control of the agency which are not needed in the transaction of current business, and do not possess sufficient administrative, legal, historical or fiscal value to warrant their further retention; (4) Inventory the records in the custody or under the control of the agency, and submit to the administrator a report thereon, containing such data as the administrator shall prescribe, and including his recommendations as to which if any such records should be determined to be essential records. He shall review his inventory and report periodically and, as necessary, shall revise his report so that it is current, accurate and complete; and (5) Comply with the rules, regulations, standards and procedures issued and set up by the administrator and the board, and cooperate in the conduct of surveys made by the administrator pursuant to sections 84_1201 to 84_1226.

HEADING Chapter 84. State Officers.

CATCHLINE Agency head; designate records officer; duties.

LAW 84_1207.01. In addition to the duties enumerated in section 84_1207, each state agency head shall designate a records officer from the management or professional level who shall be responsible for the overall coordination of records management activities within the agency.

DOCUMENT: 84_1208

HEADING Chapter 84. State Officers.

CATCHLINE Administrator; preservation duplicates of essential records; process used; exception.

LAW 84_1208. (1) The administrator may make or cause to be made preservation duplicates of essential records or may designate as preservation duplicates existing copies thereof. A preservation duplicate shall be durable, accurate, complete, and clear and, if made by means of photography, microphotography, photocopying, film, microfilm, optical imagery, or similar processes, shall be prepared in conformity to standards prescribed and approved by the board. (2) A preservation duplicate made by a photographic, photostatic, microfilm, microcard, miniature photographic, optical imagery, or similar process which accurately reproduces or forms a durable medium for so reproducing the original shall have the same force and effect for all purposes as the original record, whether the original is in existence or not. A transcript, exemplification, or certified copy of such preservation duplicate shall for all purposes be deemed a transcript, exemplification, or certified copy of the original record. (3) No copy of an essential record shall be used as a preservation duplicate unless, under the general laws of the state, the copy has the same force and effect for all purposes as the original record.

HEADING Chapter 84. State Officers.

CATCHLINE Administrator; storage of records and preservation duplicates; charges.

LAW 84_1209. The administrator may establish storage facilities for essential records, preservation duplicates and other state records and may provide for a system of charges to allocate the cost of providing such storage among the agencies and departments utilizing the storage services. The system of charges shall, as nearly as may be practical, cover the actual costs of operating the storage facilities.

HEADING Chapter 84. State Officers.

CATCHLINE Administrator; records; maintain; temporary removal; inspection;

copies certified.

LAW 84_1210. (1) The administrator shall properly maintain essential records and preservation duplicates stored by him. (2) An essential record or preservation duplicate stored by the administrator may be removed by the regularly designated custodian for temporary use when necessary for the proper conduct of his office, and shall be returned to the administrator immediately after such use. (3) When an essential record is stored by him, the administrator, upon the request of the regularly designated custodian thereof, shall provide for its inspection or for the making or certification of copies thereof, and such copies, when certified by the administrator, shall have the same force and effect for all purposes as if certified by the regularly designated custodian.

HEADING Chapter 84. State Officers.

CATCHLINE Records; confidential; protection.

LAW 84_1211. (1) When an essential record is required by law to be treated in a confidential manner, the administrator, in effectuating the purposes of sections 84_1201 to 84_1226, shall protect its confidential nature, as well as that of any preservation duplicate or other copy thereof. Any hospital or medical record submitted to the administrator for microfilming or similar processing shall be made accessible in a manner consistent with the access permitted similar records under sections 83_109 and 83_1068. (2) Nothing in the Records Management Act shall be construed to affect the laws and regulations dealing with the dissemination, security, and privacy of criminal history information under Chapter 29, article 35.

HEADING Chapter 84. State Officers.

CATCHLINE Program for selection and preservation of essential records; review, periodically.

LAW 84_1212. The administrator shall review periodically, and at least once each year, the program for the selection and preservation of essential records, including the classification thereof and the provisions for preservation duplicates and for the safeguarding of essential records and preservation duplicates to insure that the purposes of sections 84_1201 to 84_1226 are accomplished.

HEADING Chapter 84. State Officers.

CATCHLINE Records retention and disposition schedule; review by State Archivist; approval; review by administrator.

LAW 84_1212.01. (1) Each records retention and disposition schedule submitted to the administrator shall be reviewed by the State Archivist for purposes of selection of archival and historical material, and all such material shall be identified as such on the schedule. When the State Archivist has determined that all archival and historical material has been properly identified and that no disposition, except by transfer to the State Archives of the Nebraska State Historical Society, has been recommended for such material, the State Archivist shall approve such records retention and disposition schedule and return it to the administrator. (2) The administrator shall review each records retention and disposition schedule submitted, and if the recommended retention periods and the recommended dispositions satisfy audit requirements and give proper recognition to administrative, legal, and fiscal value of the records listed therein and if the records retention and disposition schedule has been approved by the State Archivist, such records retention and disposition schedule shall be approved by the administrator.

HEADING Chapter 84. State Officers.

CATCHLINE Records retention and disposition schedule; disposal of records pursuant to schedule; report.

LAW 84_1212.02. All state agency heads and all local agency heads are hereby authorized to dispose of the records of their agencies in accordance with records retention and disposition schedules which are applicable to their agencies if such schedules have been approved by the administrator pursuant to section 84_1212.01. Each agency head shall report any such records disposition to the administrator on forms provided by the administrator.

HEADING Chapter 84. State Officers.

CATCHLINE Records; property of government; protected; willfully mutilate, destroy, transfer, remove, damage, or otherwise dispose of; violation; penalty.

LAW 84_1213. All records made or received by or under the authority of, or coming into the custody, control, or possession of agencies in any of the three branches of the state government, or of any local political subdivision, in the course of their public duties, are the property of the government concerned, and shall not be mutilated, destroyed, transferred, removed, damaged, or otherwise disposed of, in whole or in part, except as provided by law. Any person who shall willfully mutilate, destroy, transfer, remove, damage, or otherwise dispose of such records or any part of such records, except as provided by law, and any person who shall retain and continue to hold the possession of any such records, or parts thereof, belonging to the state government or to any local political subdivision, and shall refuse to deliver up such records, or parts thereof, to the proper official under whose authority such records belong, upon demand being made by such officer or, in cases of a defunct office, to the succeeding agency or to the State Archives of the Nebraska State Historical Society, shall be guilty of a Class III misdemeanor.

HEADING Chapter 84. State Officers.

CATCHLINE Records; violation; prosecute.

LAW 84_1213.01. The State Records Administrator, or any official under whose authority such records belong, shall report to the proper county attorney any supposed violation of section 84_1213 that in its judgment warrants prosecution. It shall be the duty of the several county attorneys to investigate supposed violations of such section and to prosecute violations of such section.

HEADING Chapter 84. State Officers.

CATCHLINE Agency; disposition of records; procedure.

LAW 84_1214. Whenever any agency desires to dispose of records which are not listed on an approved records retention and disposition schedule applicable to that agency, the agency head shall prepare and submit to the administrator, on forms provided by the administrator, a list of the records sought to be disposed of, and a request for approval of their disposition, which list and request shall be referred to the board for action at its next regular or special session. On consideration thereof, the board may approve such disposition thereof as may be legal and proper, or may refuse to approve any disposition, and the records as to which such determination has been made may thereupon be disposed of in accordance with the approval of the board.

HEADING Chapter 84. State Officers.

CATCHLINE State Archives; authority; duties.

LAW 84_1214.01. The State Archives of the Nebraska State Historical Society has the authority to acquire, in total or in part, any document, record, or material which has been submitted to the board for disposition or transfer when such material is determined to be of archival or historical significance by the State Archivist or the board. The head of any agency shall certify in writing to the society the transfer of the custody of such material to the State Archives. No agency shall dispose of, in any other manner except by transfer to the State Archives, that material which has been appraised as archival or historical without the written consent of the State Archivist and the administrator. If such material is determined to be in jeopardy of destruction or deterioration and such material is not necessary to the conduct of daily business in the agency of origin, it shall be the prerogative of the State Archivist to petition the administrator and the agency of origin for the right to transfer such material into the safekeeping of the State Archives. It shall be the responsibility of the administrator to hear arguments for or against such petition and to determine the results of such petition. The State Archivist shall prepare invoices and receipts in triplicate for materials acquired under this section, shall retain one copy, and shall deliver one copy to the administrator and one copy to the agency head from whom the records are obtained.

HEADING Chapter 84. State Officers.

CATCHLINE Nonrecord material; destruction; procedure; personal and political papers; preservation.

LAW 84_1215. (1) If not otherwise prohibited by law, nonrecord materials, not included within the definition of records as contained in section 84_1202, may be destroyed at any time by the agency in possession thereof, without the prior approval of the administrator or board. The administrator may formulate procedures and interpretations to guide in the disposal of nonrecord materials, but nothing therein shall be contrary to any provision of law relating to the transfer of materials of historical value to the State Archives of the Nebraska State Historical Society. (2) Members of the Legislature and other officials are encouraged to offer their personal and political papers of public interest to the State Archives for preservation subject to any reasonable restrictions concerning their use by other persons.

HEADING Chapter 84. State Officers.

CATCHLINE Administrator; rules and regulations; promulgate.

LAW 84_1216. The administrator shall promulgate such rules and regulations as may be necessary or proper to effectuate the purposes of sections 84_1201 to 84_1226. Those portions thereof which relate to functions specifically delegated to the board shall be approved and concurred in by the board.

HEADING Chapter 84. State Officers.

CATCHLINE Agencies; preservation of records; administrator; advise.

LAW 84_1217. All provisions of the Records Management Act shall apply to all agencies as defined in subdivision (1) of section 84_1202 and the administrator shall advise and assist in the establishment of programs for records management and for the selection and preservation of essential records of such branches, and, as required by such branches, shall provide program services pursuant to the provisions of sections 84_1201 to 84_1226.

HEADING Chapter 84. State Officers.

CATCHLINE Political subdivisions; preservation of records; administrator; advise and assist; rules and regulations.

LAW 84_1218. The governing bodies of all local political subdivisions in this state, with the advice and assistance of the administrator and pursuant to the rules and regulations established by him, shall establish and maintain continuing programs to promote the principles of efficient records management for local records, and for the selection and preservation of essential local records, which programs, insofar as practicable, shall follow the patterns of the programs established for state records as provided in sections 84_1201 to 84_1226. Each such governing body shall promulgate such rules and regulations as are necessary or proper to effectuate and implement the programs so established, but nothing therein shall be in violation of the provisions of general law relating to the destruction of local records.

HEADING Chapter 84. State Officers.

CATCHLINE Administrator; biennial report; copies; furnish.

LAW 84_1219. The administrator shall prepare a biennial report on the status of programs established by him as provided in sections 84_1201 to 84_1226, and on the progress made during the preceding biennium in implementing and effectuating such programs. Copies of this report shall be furnished the Governor, the Speaker of the Legislature, and such other officials and agencies as the Governor or the board shall direct.

HEADING Chapter 84. State Officers.

CATCHLINE Act, how cited.

LAW 84_1220. Sections 84_1201 to 84_1227 shall be known and may be cited as the Records Management Act.

HEADING Chapter 84. State Officers.

CATCHLINE Repealed. Laws 1989, LB 18, s. 10.

LAW 84_1221.

HEADING Chapter 84. State Officers.

CATCHLINE Purchase of microfilm system or equipment; approval; property of State Records Administrator.

LAW 84_1222. After May 18, 1977, no state agency shall purchase any microfilm system or equipment prior to the approval of the State Records Administrator. The administrator shall not approve internal microfilm activities of any state agency unless such activities may not be feasibly provided by the central microfilming agency and are necessary to a particular operation within the state agency. Any equipment purchased under this section shall become the property of the State Records Administrator and shall be subject to the provisions of section 84_1223.

HEADING Chapter 84. State Officers.

CATCHLINE Micrographic production, processing, and viewing equipment; property of administrator; exception; credit.

LAW 84_1223. On May 19, 1979, all micrographic production, processing, and viewing equipment currently owned or subsequently acquired under the provisions of section 84_1222 by any state executive, judicial, or legislative agency, except the University of Nebraska or the state colleges, shall become the property of the State Records Administrator, regardless of the fund source from which the equipment was originally purchased. Appropriate credit, against future charges, shall be given to all agencies for the fair market value of all equipment accepted which had been purchased with federal funds or trust funds. Equipment purchased with funds from the Highway Cash Fund shall not be deemed to have been purchased with federal funds or trust funds.

HEADING Chapter 84. State Officers.

CATCHLINE State Records Administrator; microfilm; micrographic equipment; powers.

LAW 84_1224. The State Records Administrator shall: (1) Be empowered to review the microfilm systems within every agency of the state; (2) Be empowered to cause such systems to be merged with a central microfilm agency in the event that a cost analysis shows that economic advantage may be achieved; (3) Be empowered to permit the establishment of microfilming services within any agency or department of the state if a potential economy or a substantial convenience for the state would result; and (4) After July 1, 1978, be empowered to determine the operating locations of all micrographic equipment in his possession.

HEADING Chapter 84. State Officers.

CATCHLINE State Records Administrator; micropublishing and computer output microfilm services; charges.

LAW 84_1225. The State Records Administrator shall provide for a system of charges for micropublishing services and computer output microfilm services rendered by the central microfilming agency to any other department or agency of the state when these charges are allocable to a particular project carried on by such microfilming agency. Such charges shall, as nearly as may be practical, reflect the actual cost of services provided by the central microfilming agency. On July 1, 1978, and thereafter the State Records Administrator shall extend this system of charges to include source document microfilming. The State Records Administrator shall extend this system of charges and user fees for all micrographic equipment which is the property of the administrator and which is used by any other state agency or department.

HEADING Chapter 84. State Officers.

CATCHLINE Records Management Micrographics Services Revolving Fund; created; credits; expenditures; rental.

LAW 84_1226. (1) There is hereby created a fund to be known as the Records Management Micrographics Services Revolving Fund. All charges received by the Secretary of State under sections 84_1209 and 84_1225 and legislative appropriations shall be credited to such fund. Whenever any micrographics equipment of any state agency, except the University of Nebraska or the state colleges, shall become surplus property and shall be sold pursuant to section 81_161.04, the proceeds from the sale of such equipment shall be deposited in the state treasury and shall be credited by the State Treasurer to the Records Management Micrographics Services Revolving Fund. Expenditures shall be made from such fund to finance the micropublishing services and the computer output microfilm services by the Secretary of State or his or her authorized agent in accordance with appropriations made by the Legislature, to receive and expend funds pursuant to section 84_1225 for the provision of source document microfilming and for procuring and replacing micrographic equipment provided to state agencies, and to receive and expend funds pursuant to section 84_1209 for the providing of records storage services for state agencies. (2) By agreement between any state agency and the State Records Administrator, any state agency may be billed one full year's rental for equipment at the beginning of each fiscal year. The State Records Administrator may coordinate with the Director of Administrative Services to set up a separate subaccount within the fund for the purpose of accounting for micrographic equipment procurement and replacement.

HEADING Chapter 84. State Officers.

CATCHLINE Records Management Cash Fund; created; use; investment.

LAW 84_1227. There is hereby established in the state treasury a special fund to be known as the Records Management Cash Fund which, when appropriated by the Legislature, shall be expended by the Secretary of State for the purposes of providing records management services and assistance to political subdivisions and for development and maintenance of a gateway or electronic network for accessing public records. All fees and charges for the purpose of records management services and analysis received by the Secretary of State from the political subdivisions shall be remitted to the State Treasurer for credit to such fund. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.