reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1203 - Secretary of State; State Records Administrator; duties.

84-1203.
Secretary of State; State Records Administrator; duties.
The Secretary of State is hereby designated the State Records Administrator. The administrator shall establish and administer, within and for state and local agencies, (1) a records management program which will apply efficient, cost-effective, modern, 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.
Source
Laws 1961, c. 455, § 3, p. 1387;
Laws 1969, c. 841, § 2, p. 3169;
Laws 1977, LB 520, § 1;
Laws 1979, LB 559, § 2;
Laws 2012, LB880, § 2.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1205 - Board; network manager; duties.

84-1205.
Board; network manager; duties.
(1) The board may employ or contract with a network manager. A network manager may be 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 provide the infrastructure and services needed to implement and operate the portal and shall direct and supervise the day-to-day operations and expansion of the portal. The network manager shall (a) attend meetings of the board, (b) keep a record of all portal operations, which shall be the property of the board, (c) maintain and be the custodian of all financial and operational records, and (d) annually update and revise the business plan for the portal in consultation with and under the direction of the board.
(3) The board shall finance the operation and maintenance of the portal from revenue generated pursuant to sections 60-483 and 84-1205.02.
Source
Laws 1997, LB 590, § 6;
Laws 1999, LB 550, § 48;
Laws 2012, LB719, § 10;
Laws 2020, LB910, § 37.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1205.02 - Board; establish fees.

84-1205.02.
Board; establish fees.
Except as provided in sections 49-509, 52-1316, and 60-483 and article 9, Uniform Commercial Code, the board may establish reasonable fees for electronic access to (1) public records or (2) electronic information and services, through the portal. Fees for electronic access to public records shall not exceed the statutory fee for copies of public records in other forms. Any fees collected under this section shall be deposited in the Records Management Cash Fund.
Source
Laws 1997, LB 590, § 8;
Laws 1998, LB 924, § 53;
Laws 1999, LB 550, § 49;
Laws 2000, LB 534, § 7;
Laws 2012, LB719, § 12.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1205.03 - State agency; electronic access to public records; approval required; when; one-time fee; report; when required; fees.

84-1205.03.
State agency; electronic access to public records; approval required; when; one-time fee; report; when required; fees.
(1) Any state agency other than the courts or the Legislature desiring to enter into an agreement with a private vendor or the network manager to provide electronic access to public records or electronic information and services for a fee shall make a written request for approval of such fee to the board. The request shall include (a) a copy of the contract under consideration if the electronic access is to be provided through a contractual arrangement, (b) the public records or electronic information and services which are the subject of the contract or proposed 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 fee request in accordance with section 84-1205.02 and after a public hearing held at its next regularly scheduled meeting that is at least thirty days after receipt of the request. The board may request a presentation or such other information as it deems necessary from the requesting state agency.
(2) A state agency other than the courts or the Legislature 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 84-1205.03.
(3) Courts or the Legislature providing electronic access to public records or electronic information and services for a fee shall make a written report. The report shall be filed with the State Records Board by the State Court Administrator for the courts and the chairperson of the Executive Board of the Legislative Council for the Legislature. The report shall include (a) a copy of the contract under consideration if the electronic access is to be provided through a contractual arrangement, (b) the public records or electronic information and services which are the subject of the contract or proposed fee, (c) the anticipated or actual timeline for implementation, and (d) any security provisions for the protection of confidential or sensitive records. The State Records Board may request a presentation or such other information as it deems necessary. The courts and the Legislature shall take into consideration any recommendation made by the State Records Board with respect to such fees.
(4) Courts and the Legislature may charge a fee for electronic access to public records for a one-time sale in a unique format without providing a report to the board as required under subsection (3) of this section.
Source
Laws 1997, LB 590, § 9;
Laws 1998, LB 924, § 54;
Laws 2005, LB 525, § 1;
Laws 2012, LB719, § 13;
Laws 2012, LB880, § 4.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1205.05 - Board; reports.

84-1205.05.
Board; reports.
The board shall provide annual reports to the Executive Board of the Legislative Council and Nebraska Information Technology Commission on its activities pursuant to sections 84-1205 to 84-1205.03. The report submitted to the executive board shall be submitted electronically.
Source
Laws 1997, LB 590, § 11;
Laws 1998, LB 924, § 55;
Laws 2012, LB719, § 14;
Laws 2012, LB782, § 230;
Laws 2012, LB880, § 5.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1206 - Administrator; duties; powers.

84-1206.
Administrator; duties; powers.
(1) With due regard for the functions of the state and local 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, microfilm, and electronic storage operations, and recommend improvements in current records management practices, including, but not limited to, the economical use of and cost reductions in 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 state or local 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 state and local agencies in identifying essential records, and shall guide such agencies 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.
Source
Laws 1961, c. 455, § 6, p. 1388;
Laws 1969, c. 841, § 4, p. 3171;
Laws 1976, LB 641, § 1;
Laws 1980, LB 747, § 2;
Laws 2012, LB719, § 15;
Laws 2012, LB880, § 6.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1207 - State or local agency head; duties.

84-1207.
State or local agency head; duties.
In accordance with general law and with the rules and regulations adopted and promulgated by the administrator and the board as provided in section 84-1216, the head of any state or local agency shall:
(1) Establish and maintain an active, continuing program for the efficient, cost-effective, modern, 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, including his or her recommendations as to which of such records, if any, should be determined to be essential records. He or she shall review the inventory and report periodically and, as necessary, shall revise the report so that it is current, accurate, and complete;
(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 the Records Management Act; and
(6) Strive to reduce the costs to manage record retention.
Source
Laws 1961, c. 455, § 7, p. 1389;
Laws 1969, c. 841, § 5, p. 3171;
Laws 1979, LB 559, § 4;
Laws 2012, LB719, § 16;
Laws 2012, LB880, § 7.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1207.01 - Agency head; designate records officer; duties.

84-1207.01.
Agency head; designate records officer; duties.
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.
Source
Laws 1976, LB 641, § 2.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1208 - Administrator; preservation duplicates of essential records; process used; exception.

84-1208.
Administrator; preservation duplicates of essential records; process used; exception.
(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.
Source
Laws 1961, c. 455, § 8, p. 1390;
Laws 1991, LB 25, § 3.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1209 - Administrator; storage of records and preservation duplicates; charges.

84-1209.
Administrator; storage of records and preservation duplicates; charges.
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 state agencies utilizing the storage services. The system of charges shall, as nearly as may be practical, cover the actual costs of operating the storage facilities.
Source
Laws 1961, c. 455, § 9, p. 1390;
Laws 1969, c. 841, § 6, p. 3172;
Laws 1976, LB 641, § 3;
Laws 1983, LB 617, § 28;
Laws 2012, LB719, § 17.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1210 - Administrator; records; maintain; temporary removal; inspection; copies certified.

84-1210.
Administrator; records; maintain; temporary removal; inspection; copies certified.
(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.
Source
Laws 1961, c. 455, § 10, p. 1391;
Laws 1969, c. 841, § 7, p. 3173.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1211 - Records; confidential; protection.

84-1211.
Records; confidential; protection.
(1) When an essential record is required by law to be treated in a confidential manner, the administrator, in effectuating the purposes of the Records Management Act, 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 71-961 and 83-109.
(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 the Security, Privacy, and Dissemination of Criminal History Information Act.
Source
Laws 1961, c. 455, § 11, p. 1391;
Laws 1969, c. 841, § 8, p. 3174;
Laws 1979, LB 559, § 5;
Laws 2004, LB 1083, § 143.
Cross References
Security, Privacy, and Dissemination of Criminal History Information Act, see section 29-3501.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1212 - Program for selection and preservation of essential records; review, periodically.

84-1212.
Program for selection and preservation of essential records; review, periodically.
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 the Records Management Act are accomplished.
Source
Laws 1961, c. 455, § 12, p. 1392;
Laws 1969, c. 841, § 9, p. 3174;
Laws 1979, LB 559, § 6;
Laws 2012, LB719, § 18.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1212.01 - Records retention and disposition schedule; review by State Archivist; approval; review by administrator.

84-1212.01.
Records retention and disposition schedule; review by State Archivist; approval; review by administrator.
(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.
Source
Laws 1976, LB 641, § 4;
Laws 1989, LB 18, § 8.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1212.02 - Records retention and disposition schedule; disposal of records pursuant to schedule; report.

84-1212.02.
Records retention and disposition schedule; disposal of records pursuant to schedule; report.
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.
Source
Laws 1976, LB 641, § 5.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1213 - Records; property of state or local agencies; protected; willfully mutilate, destroy, transfer, remove, damage, or otherwise dispose of; violation; penalty.

84-1213.
Records; property of state or local agencies; protected; willfully mutilate, destroy, transfer, remove, damage, or otherwise dispose of; violation; penalty.
(1) All records made or received by or under the authority of or coming into the custody, control, or possession of state or local agencies in the course of their public duties are the property of the state or local agency concerned and shall not be mutilated, destroyed, transferred, removed, damaged, or otherwise disposed of, in whole or in part, except as provided by law.
(2) Any person who willfully mutilates, destroys, transfers, removes, damages, or otherwise disposes of such records or any part of such records, except as provided by law, and any person who retains and continues to hold the possession of any such records, or parts thereof, belonging to the state or local agency and refuses 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.
Source
Laws 1961, c. 455, § 13, p. 1392;
Laws 1973, LB 224, § 15;
Laws 1979, LB 559, § 7;
Laws 1980, LB 747, § 3;
Laws 2012, LB719, § 19.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1213.01 - Records; violation; prosecute.

84-1213.01.
Records; violation; prosecute.
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.
Source
Laws 1973, LB 224, § 16.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1214 - State agency; disposition of records; procedure.

84-1214.
State agency; disposition of records; procedure.
Whenever any state agency desires to dispose of records which are not listed on an approved records retention and disposition schedule applicable to such agency, the state 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.
Source
Laws 1961, c. 455, § 14, p. 1392;
Laws 1969, c. 841, § 10, p. 3174;
Laws 1976, LB 641, § 6;
Laws 2012, LB719, § 20.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1214.01 - State Archives; authority; duties.

84-1214.01.
State Archives; authority; duties.
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 state or local agency shall certify in writing to the society the transfer of the custody of such material to the State Archives. No state or local 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 state or local agency of origin, it shall be the prerogative of the State Archivist to petition the administrator and the state or local 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 state or local agency head from whom the records are obtained.
Source
Laws 1969, c. 841, § 11, p. 3175;
Laws 1989, LB 18, § 9;
Laws 2012, LB719, § 21.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1215 - Nonrecord material; destruction; procedure; personal and political papers; preservation.

84-1215.
Nonrecord material; destruction; procedure; personal and political papers; preservation.
(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 state or local 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.
Source
Laws 1961, c. 455, § 15, p. 1393;
Laws 1969, c. 841, § 12, p. 3176;
Laws 1980, LB 747, § 4;
Laws 2012, LB719, § 22.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1216 - Administrator; rules and regulations; promulgate.

84-1216.
Administrator; rules and regulations; promulgate.
The administrator shall adopt and promulgate rules and regulations as may be necessary or proper to effectuate the purposes of the Records Management Act. Those portions thereof which relate to functions specifically delegated to the board shall be approved and concurred in by the board.
Source
Laws 1961, c. 455, § 16, p. 1393;
Laws 1979, LB 559, § 8;
Laws 2012, LB719, § 23.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1217 - State and local agencies; preservation of records; administrator; advise.

84-1217.
State and local agencies; preservation of records; administrator; advise.
The Records Management Act shall apply to all state and local agencies, 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 the executive, judicial, and legislative branches and, as required by such branches, shall provide program services pursuant to the act.
Source
Laws 1961, c. 455, § 17, p. 1393;
Laws 1969, c. 841, § 13, p. 3176;
Laws 1979, LB 559, § 9;
Laws 2012, LB719, § 24.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1218 - Local agencies; preservation of records; administrator; advise and assist; rules and regulations.

84-1218.
Local agencies; preservation of records; administrator; advise and assist; rules and regulations.
The governing bodies of all local agencies in this state, with the advice and assistance of the administrator and pursuant to the rules and regulations adopted and promulgated pursuant to the Records Management Act, 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 the act. Each such governing body shall promulgate 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.
Source
Laws 1961, c. 455, § 18, p. 1393;
Laws 1969, c. 841, § 14, p. 3176;
Laws 1979, LB 559, § 10;
Laws 2012, LB719, § 25.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1219 - Administrator; biennial report; copies; furnish.

84-1219.
Administrator; biennial report; copies; furnish.
The administrator shall prepare a biennial report on the status of programs established by the administrator as provided in the Records Management Act and on the progress made during the preceding biennium in implementing and effectuating such programs and in reducing costs. Copies of this report shall be furnished to the Governor, the Clerk of the Legislature, and such other officials and state and local agencies as the Governor or the board shall direct. The report submitted to the Clerk of the Legislature shall be submitted electronically.
Source
Laws 1961, c. 455, § 19, p. 1394;
Laws 1979, LB 559, § 11;
Laws 2012, LB719, § 26;
Laws 2012, LB782, § 231;
Laws 2012, LB880, § 8;
Laws 2013, LB222, § 45.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1220 - Act, how cited.

84-1220.
Act, how cited.
Sections 84-1201 to 84-1227 shall be known and may be cited as the Records Management Act.
Source
Laws 1961, c. 455, § 20, p. 1394;
Laws 1979, LB 559, § 12;
Laws 1997, LB 590, § 13.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1222 - Purchase of microfilm system or equipment; approval; property of administrator.

84-1222.
Purchase of microfilm system or equipment; approval; property of administrator.
No state agency shall purchase any microfilm system or equipment prior to the approval of the 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 administrator.
Source
Laws 1977, LB 520, § 2;
Laws 1979, LB 559, § 13;
Laws 2012, LB719, § 27.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1224 - Administrator; microfilm; micrographic equipment; powers.

84-1224.
Administrator; microfilm; micrographic equipment; powers.
The administrator shall:
(1) Be empowered to review the microfilm systems within every state agency;
(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 state agency if a potential economy or a substantial convenience for the state would result; and
(4) Be empowered to determine the operating locations of all micrographic equipment in his or her possession.
Source
Laws 1977, LB 520, § 4;
Laws 2012, LB719, § 28.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1225 - Administrator; micropublishing and computer output microfilm services; charges.

84-1225.
Administrator; micropublishing and computer output microfilm services; charges.
The 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 state agency 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. The administrator shall extend this system of charges to include source document microfilming. The 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.
Source
Laws 1977, LB 520, § 5;
Laws 1979, LB 559, § 15;
Laws 2012, LB719, § 29.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1226 - Records Management Micrographics Services Revolving Fund; created; credits; expenditures; rental.

84-1226.
Records Management Micrographics Services Revolving Fund; created; credits; expenditures; rental.
(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.
Source
Laws 1977, LB 520, § 6;
Laws 1979, LB 559, § 16;
Laws 1983, LB 617, § 29.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1227 - Records Management Cash Fund; created; use; investment.

84-1227.
Records Management Cash Fund; created; use; investment.
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 state and local agencies, for development and maintenance of the portal for providing electronic access to public records or electronic information and services, and for grants to a state or local agency as provided in subdivision (1)(j) of section 84-1204. All fees and charges for the purpose of records management services and analysis received by the Secretary of State from the local agencies shall be remitted to the State Treasurer for credit to such fund. Transfers may be made from the fund to the General Fund, the Secretary of State Cash Fund, or the Election Administration Fund at the direction of the Legislature. Any money in the Records Management Cash 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.
Source
Laws 1984, LB 527, § 3;
Laws 1995, LB 7, § 149;
Laws 1997, LB 590, § 14;
Laws 2003, LB 257, § 2;
Laws 2009, First Spec. Sess., LB3, § 93;
Laws 2012, LB719, § 30;
Laws 2016, LB957, § 14;
Laws 2018, LB945, § 27;
Laws 2019, LB298, § 20;
Laws 2020, LB910, § 38.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1228 - Electronic record constituting permanent record; requirements.

84-1228.
Electronic record constituting permanent record; requirements.
Any electronic record authorized by statute to constitute the permanent record shall be electronically reproduced onto a protected backup file within five working days of the creation of the permanent record. Adequate protective technology shall be used by the keeper of the records to protect the backup file from electrical surges and from unauthorized tampering. The backup file shall be kept in a separate location from the permanent record to minimize the risk of destruction of both copies.
Source
Laws 1999, LB 234, § 14;
Laws 2006, LB 921, § 12.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1229 - Electronic records; authorized.

84-1229.
Electronic records; authorized.
All books, papers, documents, reports, and records kept by a school district or educational service unit may be retained as electronic records. Minutes of the meetings of the board of a school district or educational service unit may be kept as an electronic record.
Source
Laws 2015, LB365, § 1.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1302 - State Employees Retirement System; established; operative date; official name; acceptance of contributions.

84-1302.
State Employees Retirement System; established; operative date; official name; acceptance of contributions.
(1) An employees retirement system is hereby established for the purpose of providing a retirement annuity or other benefits for employees as provided by the State Employees Retirement Act and sections 84-1332 and 84-1333. The retirement system so created shall begin operation January 1, 1964. It shall be known as the State Employees Retirement System of the State of Nebraska and by such name shall transact all business and hold all cash and other property as provided in such sections.
(2) The retirement system shall not accept as contributions any money from members or the state except the following:
(a) Mandatory contributions established by sections 84-1308 and 84-1309;
(b) Money that is a repayment of refunded contributions made pursuant to section 84-1322;
(c) Contributions for military service credit made pursuant to section 84-1325;
(d) Actuarially required contributions pursuant to subdivision (4)(b) of section 84-1319;
(e) Trustee-to-trustee transfers pursuant to section 84-1313.01; or
(f) Corrections ordered by the board pursuant to section 84-1305.02.
Source
Laws 1963, c. 532, § 2, p. 1668;
Laws 1991, LB 549, § 61;
Laws 2003, LB 451, § 24;
Laws 2009, LB188, § 9.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1305 - Retirement board; powers and duties.

84-1305.
Retirement board; powers and duties.
The general administration of the retirement system shall be vested in the retirement board. The board may adopt and promulgate rules and regulations to carry out the State Employees Retirement Act. The board shall maintain records and may employ such assistants and employees as may be necessary to carry out the act.
Source
Laws 1963, c. 532, § 5, p. 1669;
Laws 1969, c. 584, § 117, p. 2421;
Laws 1973, LB 498, § 2;
Laws 1984, LB 751, § 2;
Laws 1991, LB 549, § 62;
Laws 1995, LB 369, § 8;
Laws 1996, LB 847, § 42;
Laws 2018, LB1005, § 42.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1305.01 - Records; employer education program.

84-1305.01.
Records; employer education program.
(1) The director of the Nebraska Public Employees Retirement Systems shall keep a complete record of all members with respect to name, current address, age, contributions, and any other facts as may be necessary in the administration of the State Employees Retirement Act. The information in the records shall be provided by the employer in an accurate and verifiable form, as specified by the director. The director shall, from time to time, carry out testing procedures pursuant to section 84-1512 to verify the accuracy of such information. For the purpose of obtaining such facts and information, the director shall have access to the records of the various state departments and agencies and the holder of the records shall comply with a request by the director for access by providing such facts and information to the director in a timely manner. A certified copy of a birth certificate or delayed birth certificate shall be prima facie evidence of the age of the person named in the certificate.
(2) The director shall develop and implement an employer education program using principles generally accepted by public employee retirement systems so that all employers have the knowledge and information necessary to prepare and file reports as the board requires.
Source
Laws 1991, LB 549, § 69;
Laws 1998, LB 1191, § 70;
Laws 2000, LB 1192, § 23;
Laws 2005, LB 503, § 14.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1305.02 - Retirement board; power to adjust contributions and benefits; overpayment of benefits; investigatory powers; subpoenas.

84-1305.02.
Retirement board; power to adjust contributions and benefits; overpayment of benefits; investigatory powers; subpoenas.
(1)(a) If the board determines that the retirement system has previously received contributions or distributed benefits which for any reason are not in accordance with the statutory provisions of the State Employees Retirement Act, the board shall refund contributions, require additional contributions, adjust benefits, credit dividend amounts, or require repayment of benefits paid. In the event of an overpayment of a benefit, the board may, in addition to other remedies, offset future benefit payments by the amount of the prior overpayment, together with regular interest or interest credits, whichever is appropriate, thereon. In the event of an underpayment of a benefit, the board shall immediately make payment equal to the deficit amount plus regular interest or interest credits, whichever is appropriate.
(b) The board shall have the power, through the director of the Nebraska Public Employees Retirement Systems or the director's designee, to make a thorough investigation of any overpayment of a benefit, when in the judgment of the retirement system such investigation is necessary, including, but not limited to, circumstances in which benefit payments are made after the death of a member or beneficiary and the retirement system is not made aware of such member's or beneficiary's death. In connection with any such investigation, the board, through the director or the director's designee, shall have the power to compel the attendance of witnesses and the production of books, papers, records, and documents, whether in hardcopy, electronic form, or otherwise, and issue subpoenas for such purposes. Such subpoenas shall be served in the same manner and have the same effect as subpoenas from district courts.
(2) The board may adopt and promulgate rules and regulations implementing this section, which shall include, but not be limited to, the following: (a) The procedures for refunding contributions, adjusting future contributions or benefit payments, and requiring additional contributions or repayment of benefits; (b) the process for a member, member's beneficiary, employee, or employer to dispute an adjustment of contributions or benefits; and (c) notice provided to all affected persons. All notices shall be sent prior to an adjustment and shall describe the process for disputing an adjustment of contributions or benefits.
Source
Laws 1996, LB 1076, § 41;
Laws 2002, LB 687, § 19;
Laws 2006, LB 1019, § 15;
Laws 2015, LB40, § 14;
Laws 2018, LB1005, § 43.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1308 - Retirement system; contribution of employees; method of payment; amount; employer pick up contributions.

84-1308.
Retirement system; contribution of employees; method of payment; amount; employer pick up contributions.
(1) Each employee who is a member of the retirement system shall pay or have paid on his or her behalf a sum equal to four and eight-tenths percent of his or her monthly compensation. The contributions, although designated as employee contributions, shall be paid by the employer in lieu of employee contributions. Such amounts shall be deducted monthly pursuant to subsection (2) of this section by the Director of Administrative Services. All money received shall be set aside by the State Treasurer and credited to the State Employees Retirement Fund.
(2) The employer shall pick up the employee contributions required by this section for all compensation paid on or after January 1, 1985, and the contributions so picked up shall be treated as employer contributions pursuant to section 414(h)(2) of the Internal Revenue Code in determining federal tax treatment under the code and shall not be included as gross income of the employee until such time as they are distributed or made available. The employer shall pay these employee contributions from the same source of funds which is used in paying earnings to the employee. The employer shall pick up these contributions by a deduction through a reduction in the cash compensation of the employee. Employee contributions picked up shall be treated for all purposes of the State Employees Retirement Act in the same manner and to the extent as employee contributions made prior to the date picked up.
Source
Laws 1963, c. 532, § 8, p. 1670;
Laws 1967, c. 617, § 3, p. 2070;
Laws 1969, c. 584, § 118, p. 2421;
Laws 1981, LB 459, § 6;
Laws 1984, LB 218, § 5;
Laws 1984, LB 751, § 3;
Laws 1991, LB 549, § 63;
Laws 1995, LB 574, § 85;
Laws 1998, LB 1191, § 72;
Laws 2001, LB 408, § 25;
Laws 2006, LB 366, § 9;
Laws 2013, LB263, § 37.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1309 - State Employees Retirement Fund; established; amounts credited; disbursements; accounting of funds.

84-1309.
State Employees Retirement Fund; established; amounts credited; disbursements; accounting of funds.
(1) There is hereby established in the state treasury a special fund to be known as the State Employees Retirement Fund to consist of such funds as the Legislature shall from time to time appropriate. The Director of Administrative Services shall credit an amount each month to the State Employees Retirement Fund equal to one hundred fifty-six percent of the amounts deducted, in accordance with section 84-1308, from the compensation of employees who are paid from funds appropriated from the General Fund.
(2) The Director of Administrative Services shall credit an amount each month to the State Employees Retirement Fund from the funds of each department with at least one employee who is a member of the retirement system for a sum equal to one hundred fifty-six percent of the amounts deducted, in accordance with section 84-1308, from the compensation of employees who are paid from any funds other than funds appropriated from the General Fund.
(3) The Director of Administrative Services shall credit an amount each month to the State Employees Retirement Fund for prior service benefits. After receiving the annual report required by section 84-1315, the Legislature may make such adjustments in the funding of prior service benefits as necessary to keep the plan sound. The contribution for prior service purposes shall cease when the prior service obligation is properly funded.
(4) The Department of Administrative Services may, for accounting purposes, create subfunds of the State Employees Retirement Fund to separately account for defined contribution plan assets and cash balance plan assets.
(5) The State Treasurer shall be the custodian of the funds and securities of the retirement system and may deposit the funds and securities in any financial institution approved by the Nebraska Investment Council. The State Treasurer shall transmit monthly to the board a detailed statement showing all credits to and disbursements from the fund. He or she shall disburse money from the fund only on warrants issued by the Director of Administrative Services upon vouchers signed by a person authorized by the retirement board.
Source
Laws 1963, c. 532, § 9, p. 1671;
Laws 1967, c. 619, § 1, p. 2074;
Laws 1969, c. 584, § 119, p. 2422;
Laws 1971, LB 476, § 1;
Laws 1971, LB 987, § 34;
Laws 1981, LB 459, § 7;
Laws 1984, LB 751, § 4;
Laws 1991, LB 549, § 64;
Laws 1997, LB 623, § 41;
Laws 2012, LB916, § 34.