LINCOLN- Lawmakers passed a bill that would double the grace period allowed before fees are charged for Nebraska public records requests and would outlaw certain fees. LB43, introduced by State Sen. Rita Sanders, would allow the first eight hours of time spent “searching, identifying, physically redacting or copying” in response to records requests free of charge. The bill passed 39-0.

LB 43 passed one week after the Nebraska Supreme Court, in a case involving the Flatwater Free Press and Nebraska Department of Environment and Energy, said that based on state statute, a “special service charge” could be imposed on records requests. The bill removes the authority of non-attorneys to review records trying to find a legal reason to withhold them.

If signed by the governor, no special charges could be imposed for copies of blank forms or pages with “all meaningful information redacted.” If signed by the governor, Conrad’s records provisions and the First Freedom Act would take effect three months after the Legislature adjourns, which is expected in mid-April.

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