Nebraska Office of the CIO: - Network Services, Statutes

Network Services

Statutes

1-1120.01 Communications system; declaration of legislative purpose. The Legislature hereby declares that an efficient and reliable communications system is vital to the state during the conduct of regular business of the state and in times of emergency and that substantial economies can be effected by joint use of a consolidated communications system by departments, agencies, and subdivisions of state government. It is, therefor, declared to be the purpose of sections 23-1715, 81-1108.02, 81-1120.01 to 81-1120.03, 81-1120.15 to 81-1120.28, and 81-1423 and the policy of the state to provide for the continual development of an efficient and reliable communications system for joint use by departments, agencies, and subdivisions of state government, to effect maximum practical consolidation and joint use of existing communications facilities and services owned or used by the state, and generally to coordinate all communications functions and activities of state government.

Source:

Laws 1967, c. 572, § 1, p. 1879; Laws 1975, LB 427, § 3; Laws 1984, LB 1125, § 4; Laws 1986, LB 965, § 21.

81-1120.02 Terms, defined. As used in sections 81-1120.01 to 81-1120.03 and 81-1120.15 to 81-1120.28, unless the context otherwise requires:

(1) Director shall mean the Director of Communications;

(2) Division shall mean Network Services of the Department of Administrative Services;

(3) Communications system shall mean the total communications facilities and equipment owned, leased, or used by all departments, agencies, and subdivisions of state government; and

(4) Communications shall mean any transmission, emission, or reception of signs, signals, writing, images, and sounds or intelligence of any nature by wire, radio, optical, or other electromagnetic systems.

Source:

Laws 1967, c. 572, § 2, p. 1880; Laws 1971, LB 675, § 3; Laws 1975, LB 427, § 4; Laws 1984, LB 1125, § 5; Laws 1986, LB 965, § 22; Laws 2000, LB 893, § 2.

81-1120.03 Department of Administrative Services; division of communications; creation; Director of Communications; appointment; qualifications. There is hereby created, within the Department of Administrative Services, a Network Services to be headed by the Director of Communications. The Director of Administrative Services shall appoint as Director of Communications any person who has not less than six years' experience in a position or positions which include responsibility for management, purchase, lease, or control of communications for a private or governmental enterprise. No person shall hold the position of director who is directly or indirectly interested in any communications common carrier or other company engaged in the furnishing of communications services or facilities, but investment in stock of a communications common carrier in an amount determined by the Director of Administrative Services to be not significant shall not be considered disqualifying.

Source:

Laws 1967, c. 572, § 3, p. 1880; Laws 1971, LB 675, § 4; Laws 1975, LB 427, § 5; Laws 2000, LB 893, § 3.

81-1120.04 Transferred to section 81-1120.17.

81-1120.05 Transferred to section 81-1120.18.

81-1120.06 Transferred to Section 81-1120.19.

81-1120.07 Transferred to section 81-1120.20.

81-1120.08 Transferred to section 81-1120.22.

81-1120.09 Transferred to section 81-1120.23.

81-1120.10 Transferred to section 81-1120.24.

81-1120.11 Transferred to section 81-1120.25.

81-1120.12 Transferred to section 81-1120.26.

81-1120.13 Transferred to section 81-1120.27.

81-1120.14 Transferred to section 81-1120.28.

81-1120.15 Director of Communications; powers, duties, and responsibilities. The Director of Communications shall have the following powers, duties, and responsibilities:

To provide the Legislature and the Governor technical assistance, advice, and information concerning the financial and administrative operations of the communications systems of all agencies of the state;
To provide the Legislature and the Governor recommendations for dealing with financial, management, and organizational problems affecting the communications systems and services of the state, its departments and agencies;
To make inquiries of the agencies as to their communications charges and prepare cost comparisons to insure that uniformity, efficiency, and equality be achieved within the communications system;
To make recommendations to the agencies pertaining to revisions to internal systems as may be necessary to promote frugality and economy in the communications system; and
To provide services such as system review, system design, feasibility studies, equipment reviews, and for long-range planning and management service within Network Services.

Source:

Laws 1975, LB 427, § 6; Laws 1979, LB 322, § 50; Laws 1981, LB 545, § 33.

81-1120.16 Director of Communications; powers and duties; investigation; report. It shall be the duty of the director to consult each department, office, board, bureau, commission, or institution in the state for which money is to be appropriated and expended for communications services, equipment or facilities, including the executive and judicial departments, state colleges, university and state institutions. The director shall make or cause to be made under his supervision an investigation to determine whether the appropriations are being judiciously and economically expended for the purposes for which they were made, and shall transmit to the Governor, the Legislative Fiscal Analyst, and to the expending agency a complete report of each such investigation. In making such investigations he shall, at all reasonable times, have access to the offices of all state departments, boards, bureaus, commissions, and institutions, and may, for the purpose of obtaining information as to the operation and communications needs thereof, examine the books, papers and public records therein, and the agencies shall, through their proper officers, furnish such data, information, or statements as may be requested of them.

Source:

Laws 1975, LB 427, § 7.

81-1120.17 Network Services; powers and duties. Network Services shall have the following duties, powers, and responsibilities:

To coordinate the purchase, lease, and use of communications services equipment and facilities for state government;
To advise departments and agencies of the state and political subdivisions thereof as to systems or methods to be used to meet requirements efficiently and effectively;
To provide assistance as requested by the Nebraska Information Technology Commission to support the technical panel created in section 86-521;
To consolidate and integrate radio communications systems and services of state agencies so far as practical and to provide for their joint use by the agencies;
To consolidate telephone and telephone-related activities, so far as practical, and to provide for their joint use by the agencies;
To assume management responsibility for any consolidated system or service and approve all purchases and contracts for such communications activities;
To enter into agreements for the mutual support and use of communications services of the agencies and departments of state government and its political subdivisions;
To provide for the rendering of mutual aid between state government and its political subdivisions and to cooperate with other states and the federal government with respect to the organizing of communications in expediting the carrying out of mutual aid in disasters, emergencies, and civil defense emergencies under the Emergency Management Act;
To use or acquire communications facilities now owned or operated by any state agency and to compensate such agency when appropriate;
To standardize policies and procedures for the use of such services in such a manner that communications systems in the domain of public safety or security not be compromised;
To assume responsibility for the maintenance and repair of state-owned communications facilities so far as practical;
To coordinate and consolidate maintenance and repair procedures and facilities so far as possible in the light of good business practice and the requirements of the agencies and departments concerned;
Subject to the conditions provided in section 81-1120.19, to contract with qualified suppliers and communications common carriers for communications facilities or services, including private-line services;
To apply for, receive, coordinate, and hold or, if appropriate, assist agencies in applying for, receiving, or holding such authorizations, licenses, and allocations of channels and frequencies as are necessary to carry out the purposes of sections 81-1120.01 to 81-1120.03 and 81-1120.15 to 81-1120.28;
To acquire real estate, equipment, and other property as an agency of the state, subject to the provisions of section 81-1120.19;
To cooperate with the Nebraska Emergency Management Agency as to its needs for emergency communications services; and
To insure that communications facilities are not used for any purpose which is contrary to the policy and intent of sections 81-1120.01 to 81-1120.03 and 81-1120.15 to 81-1120.28 or contrary to the laws and agreements under which the facilities are to be utilized.

Source:

Laws 1967, c. 572, § 4, p. 1881; R.R.S.1943, § 81-1120.04; Laws 1975, LB 427, § 8; Laws 1996, LB 43, § 50; Laws 1998, LB 924, § 39; Laws 2002, LB 1105, § 507.

Cross Reference: Emergency Management Act, see section 81-829.36.

81-1120.18 Network Services; form advisory boards; expenses. Network Services may form temporary advisory boards to provide advice in the development, management, administration, and operation of a consolidated communications system to meet the communications requirements of all departments and agencies of state government. Board members shall be selected by the division and shall receive no compensation for duties performed as members of a board, but shall be reimbursed for actual expenses incurred while engaged in the performance of their duties under the provisions of sections 23-1715, 81-1108.02, 81-1120.01 to 81-1120.03, 81-1120.15 to 81-1120.28, and 81-1423 as provided in sections 81-1174 to 81-1177 for state employees.

Source:

Laws 1967, c. 572, § 5, p. 1882; R.R.S.1943, § 81-1120.05; Laws 1975, LB 427, § 9; Laws 1981, LB 204, § 190; Laws 1981, LB 381, § 32; Laws 1984, LB 1125, § 6; Laws 1986, LB 965, § 23.

81-1120.19 Network Services; powers; limitation. The division shall have authority to purchase or lease communications facilities, services, or channels on terms which are for the best interests of the State of Nebraska. In making the decision as to what proposal is for the best interests of the state, the decision of the division shall be based upon, but not necessarily limited to, (1) the total cost to the state, computed in accordance with accepted governmental cost-accounting procedures taking into account taxes to be paid or foregone, interest rates, and obsolescence; (2) the quality of the service offered; (3) the comprehensiveness of the proposed facilities or plan; (4) the financial responsibility of the supplier or carrier submitting the proposal; (5) the repair and maintenance capabilities of the supplier or carrier; (6) the experience as a communications carrier or supplier, as applicable; and (7) the alternate methods or facilities available. The powers conferred by this section shall be subject to the condition that, except for existing state-owned facilities, the division shall obtain all telecommunications service as defined in section 86-121 from telecommunications carriers that are certificated or permitted by, or registered with, the Public Service Commission for any area in which such services are rendered. Any purchase or lease, except from such telecommunications carriers, made by the division shall be made through the materiel division of the Department of Administrative Services pursuant to the functions, powers, and duties of such division.

Source:

Laws 1967, c. 572, § 6, p. 1883; Laws 1971, LB 675, § 5; R.R.S.1943, § 81-1120.06; Laws 1975, LB 427, § 10; Laws 2002, LB 1105, § 508; Laws 2003, LB 112, § 1.

Effective date May 1, 2003.

Cross Reference: Telecommunications carriers, certification and permit requirements, see sections 86-128 and 86-129.

81-1120.20 Joint use of communications; departments; agencies; cooperation. Personnel of all departments, offices, and agencies of state government shall cooperate and assist to the maximum extent possible in the consolidation, redistribution, and joint use of communications systems and services used by and under the direction of such departments or agencies and shall coordinate all communications services or facilities procurement through the Director of Communications.

Source:

Laws 1967, c. 572, § 7, p. 1883; R.R.S.1943, § 81-1120.07; Laws 1975, LB 427, § 11.

81-1120.21 Repealed. Laws 1994, LB 948, s. 1.

81-1120.22 Director of Communications; develop system of billings and charges; payment; Communications Cash Fund; deposit; investment; Telephone Expense Revolving Fund; created; purpose. The Director of Communications shall develop a system of equitable billings and charges for communications services provided in any consolidated or joint-use system of communications. Such system of charges shall reflect, as nearly as may be practical, the actual share of costs incurred on behalf of or for services to each department, agency, or political subdivision provided services from the communications system. Using agencies shall pay for such services out of appropriated or available funds. All payments shall be credited to the Communications Cash 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. All collections for payment of telephone expenses shall be credited to the Telephone Expense Revolving Fund which is hereby created. Expenditures shall be made from the Telephone Expense Revolving Fund for the payment of telephone expenses subject to appropriations by the Legislature. Such payment shall be made by the Director of Communications.

Source:

Laws 1967, c. 572, § 8, p. 1883; Laws 1969, c. 584, § 109, p. 2416; Laws 1973, LB 431, § 1; Laws 1974, LB 1048, § 42; R.R.S.1943, § 81-1120.08; Laws 1975, LB 427, § 13; Laws 1995, LB 7, § 120.

Cross References:

Nebraska Capital Expansion Act, see section 72-1269.

Nebraska State Funds Investment Act, see section 72-1260.

81-1120.23 Communications Cash Fund; established; purpose; investment. There is hereby established a cash fund to be known as the Communications Cash Fund. Appropriations made to the Department of Administrative Services for the purposes of sections 81-1120.01 to 81-1120.28 shall be credited to the fund. All funds received under such sections and all funds received for communications services provided to any agency, department, or other user shall be credited to the fund. The division shall, under policies and procedures established by the director, expend funds from time to time credited to the fund for the communications purposes enumerated in such sections. 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.

Source:

Laws 1967, c. 572, § 9, p. 1883; Laws 1971, LB 675, § 6; Laws 1973, LB 431, § 2; R.R.S.1943, § 81-1120.09; Laws 1975, LB 427, § 14; Laws 1984, LB 1125, § 7; Laws 1986, LB 965, § 24; Laws 1992, LB 858, § 3; Laws 1994, LB 1066, § 103.

Cross References:

Nebraska Capital Expansion Act, see section 72-1269.

Nebraska State Funds Investment Act, see section 72-1260.

81-1120.24 Nebraska educational television network; exempt from sections; when. Sections 23-1715, 81-1108.02, 81-1120.01 to 81-1120.03, 81-1120.15 to 81-1120.28, and 81-1423 shall not apply to the Nebraska educational television network except for such services or assistance as may be mutually beneficial and agreed upon by and between the division of communications and the Nebraska Educational Television Commission. Under conditions of emergency declared by the Governor, the communications resources of the Nebraska educational television network shall be coordinated with the communications system, as directed by the Governor, so as to provide full use of available services in the rendering of public assistance and providing aid and protection to life and property.

Source:

Laws 1967, c. 572, § 10, p. 1884; Laws 1971, LB 675, § 7; R.R.S.1943, § 81-1120.10; Laws 1975, LB 427, § 15.

81-1120.25 Emergency; Governor; direct assumption of control. In the event of an emergency, the Governor may direct the assumption of control over all or part of the communications system pursuant to the Emergency Management Act.

Source:

Laws 1967, c. 572, § 11, p. 1884; R.R.S.1943, § 81-1120.11; Laws 1975, LB 427, § 16; Laws 1996, LB 43, § 51.

Cross Reference: Emergency Management Act, see section 81-829.36.

81-1120.26 Director of Communications; state or political subdivision; gifts, property; accept; purpose; procedure. The Director of Communications is hereby authorized to receive gifts, contributions, property and equipment from public or private sources to be utilized in providing communications services, and to participate with the federal government in carrying out programs for communications services within the State of Nebraska. Whenever the federal government or any agency or officer thereof shall offer to the state, or through the state to any political subdivision thereof, communications services, equipment, supplies, materials, or funds by way of gift, grant, or loan for purposes of communications system objectives, the state, acting through the Governor, or such political subdivision, acting with the consent of the Governor and through its executive officer or governing body, may accept such offer and upon such acceptance the Governor or executive officer or governing body of such political subdivision may authorize any officer of the state or such political subdivision to receive such services, equipment, supplies, materials, or funds on behalf of the state or such political subdivision, and subject to the terms of the offer and rules and regulations, if any, of the agency making the offer.

Source:

Laws 1967, c. 572, § 12, p. 1884; R.R.S.1943, § 81-1120.12; Laws 1975, LB 427, § 17.

81-1120.27 Telecommunications system; uses; member of Legislature; long-distance calls; how made.

The facilities of the state's telecommunications systems are provided for the conduct of state business. In addition, the state's telecommunications systems may be used by state employees and officials for local calls and long-distance calls to children at home, teachers, doctors, day care centers, and baby-sitters, to family members to inform them of unexpected schedule changes, and for other essential personal business. The use of the state's telecommunications systems for essential personal business shall be kept to a minimum and shall not interfere with the conduct of state business. Essential personal long-distance calls shall be either collect, charged to a third-party, nonstate number, or charged to a personal credit card.
A member of the Legislature, while engaged in legislative business, may make personal long-distance calls on the state telecommunications system or by using his or her state credit card. At the end of every month upon the member's receipt of his or her long-distance call record, the personal long-distance calls shall be designated by the member and the member billed for such calls. Reimbursement to the state for such personal long-distance calls by the member shall be made within thirty days from the date of designation.
A member of the Legislature, at his or her own sole discretion, may designate any long-distance call as sensitive or confidential in nature. If a long-distance call is designated as sensitive or confidential in nature, any long-distance call record used in an audit shall contain only the date the long-distance call was made and the cost of the call. In no case shall the person conducting the audit have access to a long-distance call number designated as sensitive or confidential in nature by the member without the written consent of the member. No calls made to or by a member of the Legislature which are sensitive or confidential in nature shall be required to be disclosed except that such calls shall be so designated by the member, and only the amount of the call and such designation shall be made available to a person conducting an audit. For purposes of this subsection, sensitive or confidential in nature shall mean that either the member of the Legislature or the caller would reasonably expect that the nature or the content of the call would not be disclosed to another person without the consent of the member and the caller.

Source:

Laws 1967, c. 572, § 13, p. 1885; R.R.S.1943, § 81-1120.13; Laws 1975, LB 427, § 18; Laws 1992, LB 722, § 3; Laws 1993, LB 579, § 3.

81-1120.28 Communications system; not to function as news agency; information; privileged; exceptions. The communications system and the director shall not function as a public information or news agency. Communications transmitted on or through the communications system shall be the privileged information of the sender and receiver; PROVIDED, that this shall not prohibit the sender or receiver from releasing to others or to the public such information; AND PROVIDED FURTHER, that in the event of an emergency, the Governor shall have the power to direct release of such information as he deems in the best interests of the state.

Source:

Laws 1967, c. 572, § 14, p. 1885; R.R.S.1943, § 81-1120.14; Laws 1975, LB 427, § 19.

NEBRASKA PUBLIC SAFETY WIRELESS COMMUNICATION SYSTEM ACT

86-401Act, how cited. Sections 86-401 to 86-419 shall be known and may be cited as the Nebraska Public Safety Wireless Communication System Act.

Source:

Laws 1999, LB 446, § 1; R.S.1943, (1999), § 86-1803; Laws 2002, LB 1105, § 208; Laws 2002, LB 1211, § 14.

Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB 1105, section 208, with LB 1211, section 14, to reflect all amendments.

Note: The changes made by LB 1211 became operative April 20, 2002. The changes made by LB 1105 became operative January 1, 2003.

86-402Legislative findings. The Legislature finds that:

During emergencies the resources of the state and its political subdivisions must be effectively directed to save lives, to protect property, and to meet the needs of its citizens;
Public safety agencies fulfill this unique and essential role;
Public safety agencies are only as effective as their ability to communicate. To adequately ensure public safety, such agencies require an efficient, reliable communication system which accounts for their unique role and the specialized needs that accompany such role;
Present radio communication systems used by public safety agencies during daily operations and emergencies are deficient. Nebraska's systems are based on outdated technologies, rely on inadequate equipment, are susceptible to communication interference, have limited coverage areas, operate under the constraints of a limited number of radio frequency channels, and lack coordination and the ability to interoperate among city, county, and other local users, state users, and federal users. Additionally, such systems presently do not allow for secure transmissions which are necessary for the protection and integrity of public safety communications;
Recent changes and advances in communication technology, including wireless communication, would increase the capability of public safety agencies to provide efficient and effective public safety services;
Investment in the public safety communication infrastructure is required to ensure the effectiveness of Nebraska's public safety agencies. Since the maintenance of public safety is a paramount concern but the cost of purchasing and operating multiple communication infrastructures is prohibitive, it is imperative that local and state public safety agencies cooperate in their efforts to obtain a single statewide seamless communication system; and
A statewide seamless communication system should balance the need for multiple simultaneous users while maintaining autonomy for the internal use of individual agencies. The objectives of such a system should include maximizing resources and reducing duplication among public safety agencies as well as encouraging cooperation, coordination, consolidation, sharing, and partnerships between public agencies and private entities.

Source:

Laws 1999, LB 446, § 2; R.S.1943, (1999), § 86-1804; Laws 2002, LB 1105, § 209; Laws 2002, LB 1211, § 15.

Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB 1105, section 209, with LB 1211, section 15, to reflect all amendments.

Note: The changes made by LB 1211 became operative April 20, 2002. The changes made by LB 1105 became operative January 1, 2003.

86-403 Definitions, where found. For purposes of the Nebraska Public Safety Wireless Communication System Act, the definitions found in sections 86-404 to 86-409 apply.

Source:

Laws 1999, LB 446, § 3; R.S.1943, (1999), § 86-1805; Laws 2002, LB 1105, § 210; Laws 2002, LB 1211, § 16.

Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB 1105, section 210, with LB 1211, section 16, to reflect all amendments.

Note: The changes made by LB 1211 became operative April 20, 2002. The changes made by LB 1105 became operative January 1, 2003.

86-404Acquisition agency, defined. Acquisition agency means any joint entity created pursuant to the Interlocal Cooperation Act to acquire real and personal property and construct facilities to be made available for use in connection with the system.

Source:

Laws 2002, LB 1211, § 16.

Cross Reference: Interlocal Cooperation Act, see section 13-801.

86-405Alliance, defined. Alliance means any joint entity created pursuant to the Interlocal Cooperation Act to operate, maintain, and manage the system.

Source:

Laws 2002, LB 1211, § 16.

Cross Reference: Interlocal Cooperation Act, see section 13-801.

86-406 Board, defined. Board means the Public Safety Wireless Communication Advisory Board created in section 86-419.

Source:

Laws 2002, LB 1105, § 211.

86-407Division, defined. Division means Network Services of the Department of Administrative Services.

Source:

Laws 2002, LB 1105, § 212.

86-408Public safety agency, defined. Public safety agency means any federal, state, or political subdivision entity which provides emergency and public safety services, including medical services, law enforcement services, fire management services, correctional services, and emergency and disaster relief services.

Source:

Laws 2002, LB 1105, § 213.

86-409 System, defined. System means a statewide seamless wireless communication system created in section 86-414.

Source:

Laws 2002, LB 1105, § 214.

86-410 Acquisition agency and alliance; authorized. In order to establish a system:

An acquisition agency may be established as a joint entity under the Interlocal Cooperation Act. An acquisition agency shall acquire real and personal property for use in connection with such system and shall construct any facilities necessary to implement such system; and
An alliance may be established as a joint entity under the Interlocal Cooperation Act to operate, maintain, and manage the system. In addition to the requirements in section 13-804, an agreement to establish an alliance may provide that the State of Nebraska, on behalf of the Department of Administrative Services, the Game and Parks Commission, and the Board of Regents of the University of Nebraska, may be a member of the alliance.

Source:

Laws 2002, LB 1211, § 17.

Cross Reference: Interlocal Cooperation Act, see section 13-801.

86-411 Alliance; purposes. As authorized under the Nebraska Public Safety Wireless Communication System Act and the Interlocal Cooperation Act, the purposes of an alliance may include, but are not limited to, the following:

Promoting efficiency under the acts by enabling members to cooperate with each other on a basis of mutual advantage and thereby provide services and facilities in a manner and pursuant to forms of governmental organization that will best reflect geographic, economic, population, and other factors influencing the needs and development of the state and local communities;
Enabling members to jointly operate, regulate, manage, and maintain a system;
Enabling members to apply jointly for grants in support of a system;
Administering and distributing grants for the development of a system;
Entering into operational service agreements with members for use of a system, training, and related services;
Entering into an operating agreement with an acquisition agency for operation and maintenance of a system;
Entering into interoperability agreements with nonmember entities as needed to foster public safety;
Providing for revenue to pay operation and administration costs of a system through periodic charges for availability and use of such system;
Contracting for services for a system; and
Contracting with any public or private entity for the administration, operation, or maintenance of a system.

Source:

Laws 2002, LB 1211, § 18.

Cross Reference: Interlocal Cooperation Act, see section 13-801.

86-412 Alliance; executive board; members. An alliance may be organized with a governing body referred to as an executive board. An executive board may be comprised of no more than nine voting members as follows:

Three members appointed by the Governor to represent the State of Nebraska on behalf of the Department of Administrative Services, the Game and Parks Commission, and the Board of Regents of the University of Nebraska. One such member may be a director of homeland security in Nebraska. Members appointed under this subdivision may not constitute more than one-third of the voting membership of the executive board;
Two members selected by the Governor in consultation with municipalities to represent participating cities and villages;
Two members selected by the Governor in consultation with counties to represent participating counties;
One member selected by the Governor in consultation with public power districts to represent participating public power districts; and
One member selected by the Governor in consultation with fire protection districts to represent participating fire protection districts.

Source:

Laws 2002, LB 1211, § 19.

86-413Alliance; executive board; powers.

A member of the executive board may serve until his or her successor is appointed or selected by the Governor as provided in section 86-412.
Each executive board member may have one vote.
A majority of all voting executive board members may constitute a quorum for the transaction of any alliance business.
The executive board may elect a chairperson, a vice-chairperson, and a secretary-treasurer. The chairperson or, in his or her absence, the vice-chairperson may preside at executive board meetings. The executive board may appoint an assistant secretary-treasurer who is not a board member.
Meetings of the executive board may be called by the chairperson, vice-chairperson, or secretary-treasurer. A written notice of the meeting and agenda may be provided to each executive board member at least five days prior to any meeting. Public notice of an executive board meeting may be provided in accordance with sections 84-1408 to 84-1414.
An executive board may prepare and adopt a budget based on a fiscal year as determined for the operation of the alliance.

Source:

Laws 2002, LB 1211, § 20.

86-414 Acquisition agency; alliance; Governor; powers.

An acquisition agency may acquire real and personal property and may construct facilities based upon (a) the implementation plan, (b) the ongoing advice and assistance of the board and the division, and (c) the determinations made by the members and governing body of the acquisition agency.
An alliance is a public body which may be operated not for profit with no profit or dividend inuring to the benefit of any individual. An alliance may employ consultants and other persons as deemed necessary and may set and approve compensation for such consultants and other persons. An alliance may have all powers authorized under the Nebraska Public Safety Wireless Communication System Act and the Interlocal Cooperation Act and may operate, maintain, and manage the system pursuant to an operating agreement entered into by the acquisition agency and the alliance. Any operating agreement may provide that the alliance shall (a) make the system available for the use of public safety agencies and (b) allow local, state, and federal public safety agencies to interconnect with the system's infrastructure to enable multi-agency, multijurisdictional responses to public safety situations.
The Governor, acting on behalf of the state or any of its agencies or departments, may assign any license or other user rights relating to or useful for public safety communications, whether presently owned or subsequently acquired on April 20, 2002, to an alliance or acquisition agency.

Source:

Laws 1999, LB 446, § 4; R.S.1943, (1999), § 86-1806; Laws 2002, LB 1105, § 215; Laws 2002, LB 1211, § 21.

Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB 1105, section 215, with LB 1211, section 21, to reflect all amendments.

Note: The changes made by LB 1211 became operative April 20, 2002. The changes made by LB 1105 became operative January 1, 2003.

Cross Reference: Interlocal Cooperation Act, see section 13-801.

86-415Service agreement; authorized.

The State of Nebraska, on behalf of the Department of Administrative Services and the Game and Parks Commission, is authorized to enter into a service agreement for a statewide seamless wireless communication system with:
1. Any acquisition agency. The service agreement may extend for a term of years subject to appropriation of funds for payment and shall provide for contracting for user rights with respect to the real and personal property owned by the acquisition agency and used in connection with the system; and
2. Any alliance. The service agreement may extend for a term of years subject to appropriation of funds for payment and shall specify the services to be provided by the alliance in operating, maintaining, and managing the system.
The Board of Regents of the University of Nebraska may, in its discretion, participate as a contracting party in any service agreement entered into pursuant to subsection (1) of this section.

Source:

Laws 2002, LB 1211, § 22.

86-416Service agreement provisions; special tax; procedure.

Notwithstanding any other provision of Nebraska law, any city, county, village, public power district, or fire protection district may enter into a service agreement with any joint entity created pursuant to the Interlocal Cooperation Act or any joint public agency created pursuant to the Joint Public Agency Act which owns or operates or proposes to own or operate any public safety communication project for obtaining communication services, including the use or right to use real or personal property included in any such project. This subsection shall not be construed to authorize any service agreements that conflict with the provisions for the sale or lease of dark fiber pursuant to sections 86-574 to 86-578.
Any such service agreement may provide for the following:
1. The payment of fixed or variable periodic amounts for service or the right to obtain service, including the use or right to use real or personal property;
2. That such service agreement may extend for a term of years as determined by the governing body of the city, county, village, public power district, or fire protection district and be binding upon such city, county, village, public power district, or fire protection district over such term of years;
3. That fixed or variable periodic amounts payable may be determined based upon any of the following factors:
  1. Operating, maintenance, and management expenses, including renewals and replacements for facilities and equipment;
  2. Amounts payable with respect to debt service on bonds or other obligations, including margins of coverage if deemed appropriate; and
  3. Amounts necessary to build or maintain operating reserves, capital reserves, and debt service reserves;
4. That any such service agreement may require payment to be made in the agreed fixed or variable periodic amounts irrespective of whether such public safety communication project or statewide seamless wireless communication system is completed or operational and notwithstanding any suspension, interruption, interference, reduction, or curtailment of the services of such project or system; and
5. Such other provisions as the parties to the service agreement deem appropriate in connection with providing and obtaining public safety communication service, including the acquisition of real and personal property, the construction of facilities, and the operation, maintenance, and management of services, property, and facilities.
In order to provide for the payments due under such service agreement:
1. Any city, county, village, or fire protection district may provide that payments may be made from a special tax levied for such purpose upon all taxable property within such city, county, village, or fire protection district, if determined appropriate by the governing body by a vote of three-fourths of the members of the governing body, if there are four or more members of such body, or by a vote of two-thirds of the members of the governing body, if there are less than four members of such body. The special tax shall for all purposes of Nebraska law, including limitations upon tax levies, budgets, revenue, and expenditures of public funds, have the same status as a tax levied for the purpose of paying the bonded indebtedness of such city, county, village, or fire protection district; and
2. Any public power district may pledge the revenue of the district, subject to any existing pledges made for bonded indebtedness or borrowings from the United States or any other party and existing conditions relating to issuance of additional bonds or other indebtedness, and, if deemed appropriate by the governing body, the service agreement may have the status of revenue bond indebtedness issued pursuant to sections 70-631 to 70-635.

Source:

Laws 2002, LB 1211, § 23.

Cross References:

Interlocal Cooperation Act, see section 13-801.

Joint Public Agency Act, see section 13-2501.

86-417Public Safety Communications Fund; created; use; investment. The Public Safety Communications Fund is created. The fund shall be administered by the division and shall consist of such money as appropriated by the Legislature. No General Funds shall be appropriated to the Public Safety Communications Fund until legislation has been passed identifying the share of the costs to be paid by the State of Nebraska and specifically authorizing the transfer of funds. The Public Safety Communications Fund shall be used for any costs and payments to be made by the State of Nebraska pursuant to the Nebraska Public Safety Wireless Communication System Act. 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.

Source:

Laws 1999, LB 446, § 6; R.S.1943, (1999), § 86-1808; Laws 2002, LB 1105, § 217; Laws 2002, LB 1211, § 24.

Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB 1105, section 217, with LB 1211, section 24, to reflect all amendments.

Note: The changes made by LB 1211 became operative April 20, 2002. The changes made by LB 1105 became operative January 1, 2003.

Cross References:

Nebraska Capital Expansion Act, see section 72-1269.

Nebraska State Funds Investment Act, see section 72-1260.

86-418 Incentives. The board with the division shall develop incentives to encourage regional cooperation in public safety communication throughout the state. The board shall assist local communities and public safety agencies which desire to connect with the system. Incentive alternatives may include financial incentives to encourage migration by communities to the system and to reward communities which coordinate efforts to form public safety communication centers. Such incentives shall not mandate migration by public safety agencies to the system.

Source:

Laws 1999, LB 446, § 7; R.S.1943, (1999), § 86-1809; Laws 2002, LB 1105, § 218.

86-419Public Safety Wireless Communication Advisory Board; created; membership; vacancy; meetings; quorum; expenses; report.

The Public Safety Wireless Communication Advisory Board is created. The board shall provide advice to the division and any alliance on the administration of the system, including upgrades and expansions, and on the assessment of the communication needs of public safety agencies. For administrative and budgetary purposes, the board shall be within the division. The division shall provide office space, equipment, technical assistance, and staff support for the board.
The board shall consist of the following members, all of whom shall be individuals with knowledge of the communication needs of their represented agencies or constituencies:
1. A representative of the division who is an ex officio member;
2. A representative of the Department of Correctional Services;
3. A representative of the Department of Roads;
4. A representative of the Game and Parks Commission;
5. A representative of the Nebraska State Patrol;
6. A representative of the Department of Health and Human
  Services Regulation and Licensure;
7. A representative of the Nebraska Emergency Management Agency;
8. A representative of the Nebraska County Sheriffs Association;
9. A representative of the Police Officers Association of Nebraska;
10. A representative of the Nebraska Association of County Officials;
11. A representative of the League of Nebraska Municipalities;
12. A representative of the Nebraska Commission on Law Enforcement and Criminal Justice;
13. A representative of professional firefighters;
14. A representative of volunteer firefighters; and
15. A representative of emergency medical services.
A chairperson of the board shall be elected annually by a vote of the majority of the board. The board may establish subcommittees and working groups as deemed necessary.
Members of the board representing agencies listed in subdivisions (2)(a) through (2)(l) of this section shall be appointed by their respective agencies, and members representing constituencies listed in subdivisions (2)(m) through (2)(o) of this section shall be appointed by the Governor. In the case of a vacancy, a successor shall be appointed in the same manner as the initial appointment.
The board shall hold at least four meetings annually. A quorum of voting members is required to conduct business. Members shall be reimbursed from the Public Safety Communications Fund for their actual and necessary expenses incurred in the performance of their duties as provided in sections 81-1174 to 81-1177.
Prior to December 1 of each year, the board shall provide a written report to the Legislature on the progress of the system.

Source:

Laws 1999, LB 446, § 9; R.S.1943, (1999), § 86-1811; Laws 2002, LB 1105, § 220; Laws 2002, LB 1211, § 25.

Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB 1105, section 220, with LB 1211, section 25, to reflect all amendments.

Note: The changes made by LB 1211 became operative April 20, 2002. The changes made by LB 1105 became operative January 1, 2003.