Chapter 84 — STATE OFFICERS
557 sections in this chapter.
Repealed. Laws 1973, LB 494, § 34.
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[Repealed or reserved.]
Repealed. Laws 1973, LB 494, § 34.
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[Repealed or reserved.]
Repealed. Laws 1973, LB 494, § 34.
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[Repealed or reserved.]
Repealed. Laws 1971, LB 226, § 5.
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[Repealed or reserved.]
Repealed. Laws 1971, LB 226, § 5.
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[Repealed or reserved.]
Repealed. Laws 1971, LB 226, § 5.
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[Repealed or reserved.]
Repealed. Laws 1971, LB 226, § 5.
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[Repealed or reserved.]
Repealed. Laws 1971, LB 226, § 5.
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[Repealed or reserved.]
Neb. Rev. Stat. § 84-120 Governor; succession to office.
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If the Lieutenant Governor or Speaker of the Legislature becomes incapable of performing the duties of Governor as provided by Article IV, section 16, of the Constitution of Nebraska, the duties of Governor shall be performed in the following order: Chairperson of the Executive B…
Neb. Rev. Stat. § 84-1201 Legislative intent.
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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 agencies and will facilitate and expedite governmental …
Neb. Rev. Stat. § 84-1202 Terms, defined.
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For purposes of the Records Management Act, unless the context otherwise requires: (1) State 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 …
Neb. Rev. Stat. § 84-1203 Secretary of State; State Records Administrator; duties.
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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 t…
Neb. Rev. Stat. § 84-1204 State Records Board; established; members; duties; meetings; expenses.
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(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 or electronic information and services through the…
Neb. Rev. Stat. § 84-1205 Board; network manager; duties.
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(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 Departm…
Repealed. Laws 2017, LB644, § 21.
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[Repealed or reserved.]
Neb. Rev. Stat. § 84-1205.02 Board; establish fees.
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Except as provided in sections 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 recor…
Neb. Rev. Stat. § 84-1205.03 State agency; electronic access to public records; approval required; when; one-time fee; report; when required; fees.
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(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…
Repealed. Laws 2012, LB 719, § 33.
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[Repealed or reserved.]
Neb. Rev. Stat. § 84-1205.05 Board; reports.
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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.
Repealed. Laws 2012, LB 719, § 33.
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[Repealed or reserved.]
Neb. Rev. Stat. § 84-1206 Administrator; duties; powers.
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(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; (…
Neb. Rev. Stat. § 84-1207 State or local agency head; duties.
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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, co…
Neb. Rev. Stat. § 84-1207.01 Agency head; designate records officer; duties.
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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.
Neb. Rev. Stat. § 84-1208 Administrator; preservation duplicates of essential records; process used; exception.
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(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, micr…
Neb. Rev. Stat. § 84-1209 Administrator; storage of records and preservation duplicates; charges.
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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…
Neb. Rev. Stat. § 84-121 Governor; succession to office; resignation required.
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If, for any of the reasons mentioned in Article IV, section 16, of the Constitution of Nebraska, the Lieutenant Governor is unable to perform the duties that devolve on him or her as Governor, then the Speaker of the Legislature shall, upon his or her resignation as speaker and a…
Neb. Rev. Stat. § 84-1210 Administrator; records; maintain; temporary removal; inspection; copies certified.
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(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 p…
Neb. Rev. Stat. § 84-1211 Records; confidential; protection.
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(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 h…
Neb. Rev. Stat. § 84-1212 Program for selection and preservation of essential records; review, periodically.
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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 pre…
Neb. Rev. Stat. § 84-1212.01 Records retention and disposition schedule; review by State Archivist; approval; review by administrator.
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(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 h…
Neb. Rev. Stat. § 84-1212.02 Records retention and disposition schedule; disposal of records pursuant to schedule; report.
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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 purs…
Neb. Rev. Stat. § 84-1213 Records; property of state or local agencies; protected; willfully mutilate, destroy, transfer, remove, damage, or otherwise dispose of; violation; penalty.
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(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, transfer…
Neb. Rev. Stat. § 84-1213.01 Records; violation; prosecute.
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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 inve…
Neb. Rev. Stat. § 84-1214 State agency; disposition of records; procedure.
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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…
Neb. Rev. Stat. § 84-1214.01 State Archives; authority; duties.
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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 sign…
Neb. Rev. Stat. § 84-1215 Nonrecord material; destruction; procedure; personal and political papers; preservation.
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(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. Th…
Neb. Rev. Stat. § 84-1216 Administrator; rules and regulations; promulgate.
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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 th…
Neb. Rev. Stat. § 84-1217 State and local agencies; preservation of records; administrator; advise.
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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 br…
Neb. Rev. Stat. § 84-1218 Local agencies; preservation of records; administrator; advise and assist; rules and regulations.
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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 …
Neb. Rev. Stat. § 84-1219 Administrator; biennial report; copies; furnish.
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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. Copi…
Neb. Rev. Stat. § 84-122 Governor; succession to office; oath of office; effect.
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The taking of the oath of office by an individual specified in section 84-120, except the Lieutenant Governor, shall be held to constitute his resignation from the office by virtue of the holding of which he qualifies to act as Governor.
Neb. Rev. Stat. § 84-1220 Act, how cited.
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Sections 84-1201 to 84-1227 shall be known and may be cited as the Records Management Act.
Repealed. Laws 1989, LB 18, § 10.
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[Repealed or reserved.]
Neb. Rev. Stat. § 84-1222 Purchase of microfilm system or equipment; approval; property of administrator.
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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 agenc…
Repealed. Laws 2012, LB 719, § 33.
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[Repealed or reserved.]
Neb. Rev. Stat. § 84-1224 Administrator; microfilm; micrographic equipment; powers.
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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 empower…
Neb. Rev. Stat. § 84-1225 Administrator; micropublishing and computer output microfilm services; charges.
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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 microfilmi…
Neb. Rev. Stat. § 84-1226 Records Management Micrographics Services Revolving Fund; created; credits; expenditures; rental.
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(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 micrograph…
Neb. Rev. Stat. § 84-1227 Records Management Cash Fund; created; use; investment.
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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 st…
Neb. Rev. Stat. § 84-1228 Electronic record constituting permanent record; requirements.
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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 recor…