Nebraska laws on dating louisiana dating laws


14-Nov-2014 02:45

during the hours the respective offices may be kept open for the ordinary transaction of business." 1. The basic language of this statute has been in effect since 1866. § 25-1280 also provides that public officials must provide a certified copy of public records upon request and upon payment of the legal fees therefor. Section 84-712 does not require a public agency to review documents and create abstracts or other lists, to answer questions or to create documents which do not otherwise exist. Section 84-712 does not require any showing by a person requesting access to public records of the reason for his or her review of those records. Both § 84-712 and § 84-712.01 state that public records may be reviewed by members of the public and copies obtained except where statutes expressly provide to the contrary. Section 84-712 applies to citizens of Nebraska and "all other persons interested in the examination of public records." 7. W.2d 179 (1993), Section 84-712 applies equally to all persons, without regard to the purpose for which the information is sought. The Public Records Statutes authorizing the examination of public records at government offices do not require the State Department of Correctional Services to transport a prison inmate to the DCS office where food service contracts are located so that the inmate might examine those contracts. Under that section, except where other statutes expressly provide that a record shall not be made public, public records are all records and documents, regardless of physical form, of or belonging to the state and its various political subdivisions, departments, boards, and commissions. § 84-712.01 defines public records for purposes of the Public Records Statutes. Data which is a public record in its original form remains so when maintained in a computer. Under this definition, public records are broadly defined, and the scope of the bodies covered is also wide. Prior to 1979, there was no definition of public record with respect to § 84-712, and other statutory definitions and statements from case law in other contexts were used to provide a definition.1975-76 Rep.

Notes and drafts of documents within an agency which remain subject to approval by upper management and which have not been issued are preliminary materials which are not "records" or "documents." On the other hand, materials which have been through the formation process within an agency and have left the agency are more obviously "records" or "documents," even though they may require further approval and are arguably in "draft" form. In that case, the court indicated that the “of or belonging to” language in § 84-712.01 includes any documents or records that a public body is entitled to possess, regardless of whether the public body takes possession.

Laws LB 363 limits charges for staff time to the time expended in excess of the first four cumulative hours spent in providing copies. As an example of his enforcement threshold with respect to charges for photocopies, the Attorney General stated, “.

While public officials could charge more than 10 cents a page for making photocopies of public records in a particular instance, they must be able to demonstrate, under the Attorney General’s enforcement policy, that the actual cost of making the records in that case, including a reasonable labor charge for the time of public employees involved, equaled or was greater than the fee being charged for the copies. if half an hour were reasonably required to locate and copy 50 pages and the hourly rate of the person making the copies is per hour, then a maximum charge of (50 copies x

When the Public Records Statutes were amended in 2000 to provide that interested persons have the right to obtain copies of public records, they were also amended to allow the public body, public entity or public official who is custodian of a public record to charge a fee for providing copies of that record. Laws LB 363 (effective on September 6, 2013) amended those fee provisions in several significant respects. In that regard, the Legislature deleted portions of the original bill which specifically provided that the actual cost of making copies of public records could not include the cost of salaries of public employees. In any event, the fee for copies of public records may not include any charge for the services of an attorney to review requested public records to determine if there is a legal basis to keep such records confidential. State agencies which provide electronic access to public records though a portal established under § 84-1204 must obtain approval of their fees for such access to records from the State Records Board under the appropriate statutes, and the actual added cost of making copies of records available in that format may include the approved fee for the portal. Section 84-712(3)(e) provides that a public body or the custodian of a public record is not required by the Public Records Statutes to produce or generate any public record in a new or different form or format modified from that of the original public record. If copies of records requested under the Public Records Statutes are estimated by the custodian of those records to cost more than , the custodian may require the requester to furnish a deposit prior to fulfilling the copy request.

.10 for a half hour of time) would not be challenged by the Attorney General.” Op.

Prior to 2000, the Public Records Statutes did not expressly provide that citizens and interested persons had a right to obtain copies of public records. As amended, § 84-712(3)(b) now provides that fees for copies of public records shall not exceed the actual added cost of making the copies available. Section 84-712(3)(b) further defines actual added costs as follows: i.

When the Public Records Statutes were amended in 2000 to provide that interested persons have the right to obtain copies of public records, they were also amended to allow the public body, public entity or public official who is custodian of a public record to charge a fee for providing copies of that record. Laws LB 363 (effective on September 6, 2013) amended those fee provisions in several significant respects. In that regard, the Legislature deleted portions of the original bill which specifically provided that the actual cost of making copies of public records could not include the cost of salaries of public employees.

In any event, the fee for copies of public records may not include any charge for the services of an attorney to review requested public records to determine if there is a legal basis to keep such records confidential. State agencies which provide electronic access to public records though a portal established under § 84-1204 must obtain approval of their fees for such access to records from the State Records Board under the appropriate statutes, and the actual added cost of making copies of records available in that format may include the approved fee for the portal. Section 84-712(3)(e) provides that a public body or the custodian of a public record is not required by the Public Records Statutes to produce or generate any public record in a new or different form or format modified from that of the original public record. If copies of records requested under the Public Records Statutes are estimated by the custodian of those records to cost more than , the custodian may require the requester to furnish a deposit prior to fulfilling the copy request.



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