§ 84-1205.03 — State agency; electronic access to public records; approval required; when; one-time fee; report; when required; fees

Nebraska § 84-1205.03

• Jurisdiction: Nebraska
• Ch. 84: State Officers

Text

(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.

Legislative History

Source: Laws 1997, LB 590, § 9; Laws 1998, LB 924, § 54; Laws 2005, LB 525, § 1; Laws 2012, LB719, § 13; Laws 2012, LB880, § 4.