90-101. State name.

The State of Nebraska shall hereafter, in a popular sense, be known and referred to as the Cornhusker State.

Source:Laws 1945, c. 256, § 1, p. 796; R.R.S.1943, § 84-713.01.


90-102. State banner; design; legend described; official state flag; when and where displayed.

The banner of the State of Nebraska shall consist of a reproduction of the Great Seal of the State, charged on the center in gold and silver on a field of national blue. The banner shall be the official state flag of the State of Nebraska and may be displayed on such occasions, at such times, and under such conditions as the flag of the United States of America. The banner shall be displayed on or near the State Capitol, the Governor's Mansion, all courthouses, city or village halls, schoolhouses, and other public administrative buildings in this state under or to the left of the flag of the United States of America.

Source:Laws 1925, c. 151, § 1, p. 387; C.S.1929, § 84-720; R.S.1943, § 84-714; Laws 1963, c. 305, § 2, p. 902; Laws 1965, c. 570, § 1, p. 1859; R.R.S.1943, § 84-714.


Cross References

90-103. State banner; use as advertisement or trademark, prohibited.

The state banner, provided for in section 90-102, shall never be used as a business advertisement or trademark, either in its entirety or in a composite; and any insult to such banner is forbidden.

Source:Laws 1925, c. 151, § 3, p. 388; C.S.1929, § 84-722; R.S.1943, § 84-715.


90-104. State banner; violations; penalty.

Any person, firm or corporation who shall violate any of the provisions of section 90-103, shall be deemed guilty of a Class III misdemeanor.

Source:Laws 1925, c. 151, § 5, p. 388; C.S.1929, § 84-724; R.S.1943, § 84-716; Laws 1977, LB 39, § 339.


90-105 Image
90-105. State symbol and slogan; adoption.

The following is hereby adopted as the official symbol and slogan for the State of Nebraska:

Source:Laws 1963, c. 533, § 1, p. 1678; R.R.S.1943, § 84-716.01.


90-106. State symbol and slogan; use by state agencies; imprint on state stationery.

The official slogan and official symbol, either separately or in conjunction with each other, shall be used by all agencies of the state whenever appropriate in the promotion of the state. They shall be imprinted on all state letterheads and the reverse side of all mailing envelopes as new supplies are acquired.

Source:Laws 1963, c. 533, § 3, p. 1678; R.R.S.1943, § 84-716.03.


90-107. State bird; western meadowlark.

The western meadowlark is hereby declared the state bird of Nebraska.

Source:Laws 1929, c. 139, § 1, p. 495; C.S.1929, § 84-725; R.S.1943, § 84-717.


90-108. State gem; blue agate.

The chalcedony stone, known as blue agate, is hereby declared the state gem stone of Nebraska.

Source:Laws 1967, c. 608, § 1, p. 2057; R.R.S.1943, § 84-725.


90-109. State fossil; mammoth.

The mammoth is hereby designated as the official state fossil.

Source:Laws 1967, c. 609, § 1, p. 2057; R.R.S.1943, § 84-726.


90-110. State rock; prairie agate.

The chalcedony stone, commonly known as prairie agate, is hereby declared the state rock of Nebraska.

Source:Laws 1967, c. 610, § 1, p. 2058; R.R.S.1943, § 84-727.


90-111. State song; Beautiful Nebraska.

The song Beautiful Nebraska with words by Jim Fras and Guy G. Miller and music by Jim Fras is hereby adopted as the Nebraska state song.

Source:Laws 1967, c. 613, § 1, p. 2060; R.R.S.1943, § 84-728; Laws 2008, LB728, § 1.    


90-112. State grass; little blue stem.

Little blue stem, known as andropogon scoparius, is hereby declared the official state grass of Nebraska.

Source:Laws 1969, c. 829, § 1, p. 3151; R.R.S.1943, § 84-729.


90-113. State tree; cottonwood.

The cottonwood is hereby declared the state tree of Nebraska.

Source:Laws 1972, LB 1089, § 1; C.S.Supp.,1974, § 84-730.


90-114. State insect; honeybee.

The honeybee (Apis mellifera) is hereby adopted as the official state insect.

Source:Laws 1975, LB 15, § 1.


90-115. Nebraska Educational Telecommunications Building in Lincoln; named the Terry M. Carpenter and Jack G. McBride Educational Telecommunications Building.

The Nebraska Educational Telecommunications Building in Lincoln, Nebraska, shall be named and known as the Terry M. Carpenter and Jack G. McBride Educational Telecommunications Building.

Source:Laws 1978, LB 955, § 2; Laws 2011, LB122, § 1.    


90-116. State soil; Holdrege series.

Soils of the Holdrege series, classified as Typic Argiustolls, fine-silty, mixed, mesic, is hereby adopted as the official state soil of Nebraska.

Source:Laws 1979, LB 475, § 1.


90-117. State mammal; whitetail deer.

The whitetail deer (Odocoileus virginianus) is hereby adopted as the official state mammal.

Source:Laws 1981, LB 27, § 1.


90-118. Repealed. Laws 1999, LB 813, § 62.

90-119. Governor; designate official state items.

The Governor may designate official state items, including animals, plants, minerals, and other things. Legislative approval of any such designation is not required. Any designation made on or prior to September 13, 1997, is not affected by this section.

Source:Laws 1997, LB 106, § 1.


90-120. Repealed. Laws 2008, LB 195, § 1.

90-201. Department of Health and Human Services; convey property to University of Nebraska at Kearney; revenue; restriction.

The Department of Health and Human Services is authorized and directed to convey to the University of Nebraska at Kearney for academic and developmental purposes at the termination of the current lease of the real estate on February 28, 2006, the following described real estate located in Buffalo County, Nebraska:

A tract of land being part of Government Lot 1, part of Government Lot 2, part of Government Lot 3, part of Government Lot 4, part of the South half of the Northwest Quarter, part of the Northwest Quarter of the Southwest Quarter, part of the South half of the Northeast Quarter and part of the North half of the Southeast Quarter of Section 4, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, all more particularly described as follows: Referring to the Southeast Corner of the Northeast Quarter of said Section 4 and assuming the South line of said Northeast Quarter as bearing N 89 59′ 10″ W and all bearings contained herein are relative thereto; thence N 89 59′ 10″ W and on the South line of the Northeast Quarter of said section a distance of 660.0 feet to the ACTUAL PLACE OF BEGINNING; thence S 01 37′ 34″ W a distance of 18.65 feet to a point on the North property line of an existing road; thence N 89 29′ 57″ W and on the aforesaid North property line a distance of 3372.3 feet to the point of curvature; thence on a 1332.72 foot radius curve to the left forming a central angle of 13 10′ a distance of 306.26 feet to the point of tangency; thence tangent S 77 20′ 03″ W a distance of 224.85 feet to the point of curvature; thence on a 687.31 foot radius curve to the right forming a central angle of 07 31′ 16″ a distance of 90.32 feet; thence leaving said curve N 01 39′ E a distance of 85.39 feet to a point on the South line of the Northwest Quarter of said Section 4; thence N 01 31′ 22″ E a distance of 310.2 feet to the Northeast corner of a tract of land known as Reservation No. 2 as located in State Application Resurvey No. 154 and filed in the Buffalo County Surveyors Office; thence N 89 57′ 11″ W and on the North line of said Reservation No. 2 tract a distance of 243.86 feet; thence N 01 43′ 30″ W a distance of 1501.2 feet; thence S 85 38′ E a distance of 681.66 feet to the Southeast corner of a tract of land known as Reservation No. 1, thence N 21 02′ W and on the easterly line of said Reservation No. 1 a distance of 535.07 feet; thence S 80 22′ 31″ E a distance of 365.02 feet; thence S 86 03′ 12″ E a distance of 351.11 feet; thence N 86 44′ 38″ E a distance of 359.33 feet; thence N 79 19′ 21″ E a distance of 443.41 feet; thence N 77 14′ 05″ E a distance of 660.05 feet; thence N 83 05′ E a distance of 195.54 feet; thence N 89 51′ 32″ E a distance of 1503.54 feet to a point, said point being 660.0 feet West of the East line of said Section 4; thence S 01 37′ 34″ W a distance of 2450.53 feet to the place of beginning. Containing 221.3 acres, more or less.

A tract of land being part of the North half of the South half of Section 4, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Referring to the Northeast corner of the Southeast Quarter of Section 4 and assuming the North line of said Southeast Quarter as bearing N 89 59′ 10″ W and all bearings contained herein are relative thereto; thence N 89 59′ 10″ W and on the North line of said Southeast Quarter a distance of 660.0 feet; thence S 01 37′ 34″ W a distance of 84.67 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being on the South property line of an existing road; thence N 89 29′ 57″ W and on the aforesaid South property line a distance of 3369.9 feet to the point of curvature; thence on a 1266.72 foot radius curve to the left forming a central angle of 13 10′ a distance of 291.1 feet to the point of tangency; thence tangent S 77 20′ 03″ W a distance of 224.85 feet to the point of curvature; thence on a 753.31 foot radius curve to the right forming a central angle of 12 40′ 30″ a distance of 166.65 feet to the point of tangency; thence tangent N 89 59′ 27″ W a distance of 126.4 feet to the point of curvature; thence on a 1673.61 foot radius curve to the right forming a central angle of 05 35′ a distance of 163.09 feet to the point of tangency; thence tangent N 84 24′ 27″ W a distance of 158.4 feet to the point of curvature; thence on a 1232.18 foot radius curve to the right forming a central angle of 06 21′ 40″ a distance of 136.8 feet to the point of intersection of the West line of the Southwest Quarter of said Section 4; thence leaving said curve S 01 41′ W and on the West line of said Southwest Quarter a distance of 501.45 feet to a point on the North property line of the Union Pacific Railroad; thence N 85 39′ 06″ E and on the aforesaid North property line a distance of 188.78 feet to the point of curvature; thence on a 11017.1 foot radius curve to the left forming a central angle of 01 29′ a distance of 285.22 feet to the point of tangency; thence tangent N 84 10′ 06″ E a distance of 4185.03 feet to a point, said point being 660.0 feet West of the East line of said Section 4; thence N 01 37′ 34″ E a distance of 61.84 feet to the place of beginning. Containing 31.8 acres, more or less, of which 0.4 acres, more or less, are presently being used for road purposes on the West side.

If the University of Nebraska at Kearney sells any part of the real estate before development of the real estate, the funds received shall be remitted to the Department of Health and Human Services. Any continuing agriculture-related net revenue from the real estate conveyed to the University of Nebraska at Kearney under this section shall be remitted to the Department of Health and Human Services for a period of ten years after conveyance.

Source:Laws 2005, LB 668, § 1.    


90-202. Norfolk Regional Center; Director of Administrative Services; duties; report.

Notwithstanding sections 72-811 to 72-818 or any other provision of law, the Director of Administrative Services shall cause a survey of the property which comprises the Norfolk Regional Center to be done and, in consultation with the Department of Health and Human Services, shall determine what portion is not needed for state purposes. Pursuant to such survey and determination, the Director of Administrative Services shall submit a report to the Legislature and the Governor and request authorization to give the Northeast Community College Area the right of first refusal to purchase the portion of property not needed for state purposes at its appraised value as determined under subsection (3) of section 72-815 for the purpose of development of the Northeast Community College Technology Park. The report submitted to the Legislature shall be submitted electronically. Approval of the Governor and the Legislature or, if the Legislature is not in session, the Executive Board of the Legislative Council shall be required to give such right of first refusal to the Northeast Community College Area.

Source:Laws 2015, LB56, § 1.    


90-203. Repealed. Laws 1987, LB 32, § 3.

90-204. Repealed. Laws 1987, LB 32, § 3.

90-205. Repealed. Laws 1987, LB 32, § 3.

90-206. Repealed. Laws 1987, LB 32, § 3.

90-207. Repealed. Laws 1987, LB 32, § 3.

90-208. Repealed. Laws 1987, LB 32, § 3.

90-209. Game and Parks Commission; acquire described property; powers and duties.

The Game and Parks Commission is hereby authorized to acquire, using funds received from the federal Land and Water Conservation Fund, other applicable federal-aid funds, and donations or bequests, the following described property, all in Sarpy County:

The northeast quarter and the northwest quarter of the northwest quarter of section 19, township 14 north, range 14 east, the north half and the north half of the south half of section 20, township 14 north, range 14 east, and the southwest quarter of the southwest quarter and the northeast quarter of the southwest quarter of section 18, township 14 north, range 14 east.

The Game and Parks Commission may enter into agreements or leases with political subdivisions or nonprofit corporations for the operation and development of the property for recreational and educational purposes, but the commission shall be responsible for the general administration and continued maintenance of such property and may accept gifts, grants, and bequests for such purposes.

Source:Laws 1975, LB 507, § 1.


90-210. Repealed. Laws 1987, LB 32, § 3.

90-211. Repealed. Laws 1987, LB 32, § 3.

90-212. Repealed. Laws 1987, LB 32, § 3.

90-213. Game and Parks Commission; Cottonmill State Recreation Area; convey to city of Kearney and county of Buffalo; reverter.

The Game and Parks Commission is authorized and directed to convey to the city of Kearney and to the county of Buffalo, such city and county acting jointly, or to either the city of Kearney or to the county of Buffalo, acting separately, for public park purposes the following described real estate now known as Cottonmill State Recreation Area, situated in the county of Buffalo, in the State of Nebraska, to wit: Part of the south half of section 32, township 9, range 16, west of the sixth principal meridian, more fully described as follows: Beginning at the southeast corner of section 32, and running thence north along the east line of section 32, a distance of six hundred eighty-two feet, to the point of beginning; running thence west sixty-two degrees ten minutes south for a distance of seven hundred twenty-seven and four-tenths feet, thence bearing right seventy-eight degrees forty-one minutes for a distance of one thousand one hundred ninety-two feet, thence bearing left eighty-three degrees fifty minutes for a distance of three hundred eighty-eight and one-tenth feet, thence bearing right eighty-two degrees thirty-five minutes for a distance of five hundred eighty-two and one-tenth feet, thence bearing right nine degrees forty-one minutes for a distance of three hundred two and seven-tenths feet, thence bearing left twenty-five degrees forty-seven minutes for a distance of four hundred eighty-six and one-tenth feet, thence bearing right thirty-three degrees thirty-nine minutes for a distance of six hundred seventy-eight and nine-tenths feet, to a point on the east and west half section line of section 32, thence east along the east and west half section line to the northeast corner of the southeast quarter of section 32, thence south along the east line of section 32, to the point of beginning; subject, however, to the rights of the Kearney Water and Electric Power Company, in and to and over and across the premises described for canal and flowage purposes, more particularly set forth in a decree of the district court of Buffalo County, Nebraska, entered on March 22, 1918, a case therein indexed as the Kearney Water and Electric Power Company, plaintiff, vs. Zada M. Lancaster, et al, defendants; Provided, that should the city of Kearney and the county of Buffalo, such city and county acting jointly or separately, cease to operate the lands conveyed as a public park and recreation area, title to said lands shall revert to the Game and Parks Commission.

Source:Laws 1973, LB 163, § 1; C.S.Supp.,1974, § 81-815.46.


90-214. Game and Parks Commission; Stolley State Recreation Area; convey to city of Grand Island and county of Hall; reverter.

The Game and Parks Commission is authorized and directed to convey to the city of Grand Island and to the county of Hall, such city and county acting jointly, or to either the city of Grand Island or the county of Hall, acting separately, for public park purposes the following described real estate now known as Stolley State Recreation Area situated in the county of Hall, in the State of Nebraska, to wit: Commencing at a point on the north line of section 28, township 11 north, range 9 west of the sixth principal meridian, five hundred forty-four and seven-tenths feet east of the northwest corner of said section 28, and running thence west along the north line of said section 28 and section 29, in the same town and range, one thousand eight hundred seventy and seven-tenths feet; thence south one thousand twelve and five-tenths feet; thence east, parallel with the north line of said sections 28 and 29, one thousand eight hundred thirty-four and five-tenths feet; thence north nine hundred twelve and three-tenths feet to a stake, thence northeasterly sixty-three and two-tenths feet to a stake; thence north forty-three and eight-tenths feet to the place of beginning, and containing forty-two and eighty-three hundredths acres, a little more or less; Provided, that should the city of Grand Island and the county of Hall, such city and county acting jointly or separately, cease to operate the lands conveyed as a public park and recreation area, title to said lands shall revert to the Game and Parks Commission.

Source:Laws 1973, LB 163, § 2; C.S.Supp.,1974, § 81-815.47.


90-215. Repealed. Laws 2010, LB 743, § 6.

90-216. Game and Parks Commission; Long Bridge State Special Use Area; convey to county of Merrick; reverter.

The Game and Parks Commission is authorized and directed to convey to the county of Merrick for public park purposes the following described real estate now known as Long Bridge State Special Use Area, situated in the county of Merrick, in the State of Nebraska, to wit: A part of the east one thousand eight hundred thirty-nine and forty-two hundredths feet of fractional section 30 in township 12 north, range 7 west of the sixth principal meridian, described as follows: Beginning at the northeast corner of said section 30, thence south forty-four degrees fifty minutes west one hundred seventy-seven and nine-tenths feet, thence south twenty-five degrees thirty-three minutes west one hundred sixty-nine and five-tenths feet, thence thirty-two degrees twenty minutes west one hundred ninety-three and zero-tenths feet, thence south forty-two degrees six minutes west one hundred ninety-three and three-tenths feet, thence south thirty-two degrees thirty-two minutes west three hundred eighteen and two-tenths feet, thence south fifty-nine degrees nine minutes west four hundred fifty-eight and five-tenths feet, thence south thirty-two degrees twelve minutes west five hundred forty-three and zero-tenths feet, thence south forty degrees thirty-eight minutes west two hundred eleven and three-tenths feet, thence south fifty-one degrees zero minutes west three hundred eleven and zero-tenths feet, thence south forty degrees twenty-one minutes west two hundred sixty-nine and five-tenths feet to the west line of said tract, thence south one thousand one hundred ninety feet to the original south bank of Grand Island according to the original government survey, thence northeasterly along said original south bank of Grand Island according to the original government survey to the location of the original meander corner on the east line of said section 30, thence north one hundred twenty-one and four-tenths feet to the place of beginning, together with all accretion land in connection therewith and pertaining thereto, containing one hundred forty-six acres, more or less; Provided, that should the county of Merrick cease to operate the lands conveyed as a public park and recreation area, title to said lands shall revert to the Game and Parks Commission.

Source:Laws 1973, LB 163, § 4; C.S.Supp.,1974, § 81-815.49.


90-217. Repealed. Laws 1987, LB 32, § 3.

90-218. Governor; convey state's reversionary interest in described property.

The Governor is hereby authorized to enter into an agreement to sell and convey the state's reversionary interest in the public way legally described as follows: Calvert Street from the east line of 13th Street to the west line of 14th Street, abutted by block 23, Fairmont Addition, and abutted by the northeast quarter of section 2, township 9 North, range 6 East, in the city of Lincoln, Lancaster County, Nebraska.

Source:Laws 1976, LB 999, § 1.


90-219. Department of Correctional Services; lease agreement with city of Kearney; term.

The Legislature hereby approves and recommends to the Governor that the Department of Correctional Services enter into a lease agreement with the city of Kearney relating to lands owned by the department at a fixed annual cash rental for a term of not more than ninety-nine years. Such land is described as follows:

The northeast quarter of section 33, township 9 north, range 16 west of the sixth principal meridian in Buffalo County, Nebraska, more particularly described as follows: Commencing at a point two hundred fifty-five feet south of the northeast corner of section 33, thence west three hundred forty feet; thence south three hundred feet parallel to the east section line; thence east three hundred forty feet; thence north three hundred feet along the east section line to the point of beginning, containing two and thirty-four hundredths acres, more or less.

Source:Laws 1977, LB 80, § 1.


90-220. Game and Parks Commission; acceptance of certain Pauline M. Armstrong real estate; terms and conditions.

(1) The Game and Parks Commission shall enter into an agreement to accept as a gift to the State of Nebraska from Pauline M. Armstrong, personally, from the trustee of the Pauline M. Armstrong Trust, or from the trustee of the Henry J. and Pauline M. Armstrong Charitable Trust, the following described real estate: The east half of the northwest quarter and the northeast quarter of section 26, township 12 north, range 8 east of the 6th principal meridian, Lancaster County, Nebraska.

(2) In consideration of such conveyance the commission agrees, to the extent that such terms and conditions are feasible, to the following terms and conditions:

(a) A portion of such conveyance shall be used as a game preserve for the production and maintenance of wild game and other wildlife; and

(b) The property conveyed shall be developed in a manner similar to other state parks and recreation areas, including but not limited to the provision of access roads, parking areas, shelters, and facilities. The property conveyed may be developed in a manner consistent with the landscape plans developed by the Game and Parks Commission for such property prior to August 26, 1983.

Source:Laws 1978, LB 885, § 1; Laws 1983, LB 75, § 1.


90-221. Repealed. Laws 1996, LB 1044, § 985.

90-222. Repealed. Laws 1996, LB 1044, § 985.

90-223. Governor; convey easement and property to city of Lincoln.

(1) The Governor is authorized by the Legislature to convey to the city of Lincoln, Nebraska, a permanent easement for the construction, reconstruction, inspection, maintenance, operation, and replacement of a water main over and through certain real property, situated in the city of Lincoln, Lancaster County, Nebraska, described as follows:

(a) The south fifteen feet of Lot 7, Block 15, Riverside Addition;

(b) The south fifteen feet of the north-south alley vacated by Ordinance Number 7620 of the city of Lincoln abutting Lots 6 and 7, Block 15, Riverside Addition;

(c) The south fifteen feet of that portion of Lot C, Riverside Addition, lying north of the north line of Military Road;

(d) The north fifteen feet of the west fifteen feet of that portion of Lot C, Riverside Addition, lying south of the south line of Military Road;

(e) The north fifteen feet of that portion of 12th Street vacated by Ordinance Number 1886 of the city of Lincoln lying south of the south line of Military Road; and

(f) The north fifteen feet of the east four hundred fifty-two feet of that portion of Lot E, Riverside Addition, lying south of the south line of Military Road.

(2) The Governor is authorized by the Legislature to convey to the city of Lincoln, Nebraska, ownership of the water main and appurtenances thereto owned by the State of Nebraska located beneath such property and also located in public right-of-way known as Military Road and 14th Street within the city of Lincoln, Lancaster County, Nebraska.

Source:Laws 1980, LB 602, § 1.


90-224. Adjutant General; convey easement to the city of York.

(1) The Adjutant General is authorized by the Legislature to convey to the city of York, Nebraska, a permanent easement for the construction, reconstruction, inspection, maintenance, operation, and replacement of a sanitary sewer pipe for the passage of sewage water, together with all appurtenances, structures, and other applicable equipment pertaining to any sewer in, through, over, and under certain real estate legally described as follows:

The west two hundred fifty feet, more or less, of the east five hundred ten and one-half feet, more or less, of the north half of the southeast quarter of the northeast quarter of section 6, township 10 north, range 2 west of the 6th principal meridian, a part of the city of York, York County, Nebraska (State of Nebraska Armory site).

(2) The permanent easement for the sewage pipe conveyed in this section shall be ten feet in width and five feet on either side of the centerline, described as follows:

Beginning at a point on the north right-of-way line of sixth street and such point being seven and eighty-seven hundredths feet east of the southwest corner of the above described tract of land; thence in a northeasterly direction using a deflection angle to the left of twenty-eight degrees twenty minutes zero seconds from the northerly right-of-way line of sixth street a distance of six and ninety-seven hundredths feet to a point; thence northerly along a line which has a deflection angle to the left of sixty-one degrees forty minutes zero seconds from the last described course a distance of one hundred forty-five feet to a point; thence in a northwesterly direction along a line which has a deflection angle to the left of nineteen degrees seventeen minutes twenty-four seconds from the last described course a distance of forty-two and thirty-eight hundredths feet to a point on the westerly property line of such tract and such point being one hundred eighty-eight and thirty-one hundredths feet north of the southwest corner of such tract.

Source:Laws 1980, LB 602, § 2.


90-225. Commissioner of Labor; convey property to city of Omaha.

The Commissioner of Labor is hereby authorized and empowered to sell and convey, after June 30, 1981, the following described property: The north sixty-six feet of lots two and three, also described as the north one-half of lots two and three, and the north twenty-five feet of the south one-half of lots two and three, all in block two, Kountze and Ruth's addition to the city of Omaha, Douglas County, Nebraska.

Source:Laws 1980, LB 914, § 1.


90-226. Repealed. Laws 1987, LB 32, § 3.

90-227. Adjutant General; convey easement to city of Lexington.

The Adjutant General is authorized by the Legislature to convey to the city of Lexington, Nebraska:

(1) A permanent easement for the construction, reconstruction, inspection, maintenance, operation, and replacement of a sanitary sewer pipe for the passage of sewer water, together with all appurtenances, structures, and other applicable equipment pertaining to any sewer in, through, over, and under certain real estate known as the National Guard Armory property and legally described as follows:

Beginning at the northwest corner of lot three, Bowen's first addition to the city of Lexington, Dawson County, Nebraska; then south along the west line of lot three, twenty-one feet to the true point of beginning; then east, five hundred fifteen and nine-tenths feet; then south and along the east line of lot three, sixteen feet; then west, five hundred fifteen and nine-tenths feet; and then north and along the west line of lot three, sixteen feet to the point of beginning; and

(2) A permanent easement for the construction, reconstruction, inspection, maintenance, operation, and replacement of electrical transmission line together with all appurtenances, structures, and other applicable equipment pertaining to such electrical transmission in, through, over, and under certain real estate known as the National Guard Armory property and legally described as follows:

The east forty feet of the north one hundred thirty-five feet of the south one hundred fifty-five feet of lot three, Bowen's first addition to the city of Lexington, Dawson County, Nebraska.

Source:Laws 1983, LB 116, § 1.


90-228. Department of Correctional Services; convey described property.

The Department of Correctional Services is hereby authorized to sell and convey by quitclaim deed a tract of land located in the northwest quarter of the southwest quarter of section four, township eight north, range sixteen west of the sixth principal meridian, Buffalo County, Nebraska, more particularly described as follows: Referring to the northwest corner of said southwest quarter; thence easterly on the north line of said southwest quarter a distance of two hundred sixty-four feet to the actual place of beginning; thence continuing easterly on the aforesaid north line a distance of three hundred eighty-eight and eighty-eight hundredths feet to a four-inch iron pipe; thence southerly a distance of eighty-five and thirty-nine hundredths feet to a point on the north line of the existing public road; thence westerly on a six hundred eighty-seven and thirty-one hundredths radius curve and on the aforesaid north line a distance of sixty-two and two hundredths feet to the point of tangency, said point being right eighty-five degrees fifty minutes fifty-three seconds from the east line of said tract and a chord distance of sixty-two feet from the last described point; thence tangent a distance of one hundred thirty-eight and four-tenths feet to the point of curvature; thence on a one thousand six hundred seven and sixty-one hundredths foot radius curve to the right forming a central angle of five degrees thirty-five minutes zero seconds a distance of one hundred fifty-six and sixty-six hundredths feet to the point of tangency; thence tangent a distance of thirty-two and twelve hundredths feet to a point, said point being two hundred sixty-four feet east of the west line of said southwest quarter; thence northerly and parallel to the aforesaid west line a distance of seventy-seven and eighty-seven hundredths feet to the place of beginning; containing seventy-seven hundredths acres, more or less.

Source:Laws 1983, LB 522, § 1.


90-229. Repealed. Laws 1996, LB 1044, § 985.

90-230. Repealed. Laws 1996, LB 1044, § 985.

90-231. Repealed. Laws 1996, LB 1044, § 985.

90-232. Repealed. Laws 1996, LB 1044, § 985.

90-233. Repealed. Laws 1996, LB 1044, § 985.

90-234. Repealed. Laws 1996, LB 1044, § 985.

90-235. Repealed. Laws 1996, LB 1044, § 985.

90-236. Repealed. Laws 1996, LB 1044, § 985.

90-237. Repealed. Laws 1996, LB 1044, § 985.

90-238. Department of Roads; acquire described property.

The Department of Roads is authorized to acquire from the Chicago and North Western Transportation Company its abandoned right-of-way described as follows: All of Chicago and North Western Transportation Company abandoned right-of-way in section 34, township 15 north, range 7 east, Saunders County, Nebraska. The department is also authorized to acquire all rights, interests, and titles related to such abandoned right-of-way.

Source:Laws 1984, LB 853, § 1.


90-239. Governor; convey property to city of Lincoln.

(1) The Governor is authorized by the Legislature to convey to the city of Lincoln, Nebraska, a permanent easement for the construction, reconstruction, inspection, maintenance, operation, and the replacement of a sanitary sewer, together with all appurtenances, structures, and other applicable equipment pertaining thereto over and through certain real property, situated in the city of Lincoln, Lancaster County, Nebraska, described as follows:

A strip of land forty feet in width through a portion of Lot 75, irregular tract, located in the southwest quarter of section 13, township 10 north, range 6 east of the sixth principal meridian, Lancaster County, Nebraska.

(2) The permanent easement for the sanitary sewer conveyed in this section shall be twenty feet on either side of the centerline described as follows:

Commencing at the intersection with the centerline of Seventeenth Street and the south line of such southwest quarter of section 13, also known as the centerline of Holdrege Street extended; thence north along the centerline of Seventeenth Street, a distance of one hundred nineteen and forty-five hundredths feet to the centerline of the Burlington Northern Railroad right-of-way; thence northeasterly along such centerline a distance of one hundred sixty-four and seventy-six hundredths feet; thence northerly along a line which deflects fifty-six degrees, fifty-three minutes, zero seconds left, a distance of sixty-two and ninety-seven hundredths feet to the point of tangency with a circular curve; thence northerly along the arc of such circular curve bear to the left, whose central angle is thirty-one degrees, four minutes, twenty seconds, whose radius is three hundred thirty and twenty-eight hundredths feet, and whose tangent length is ninety-one and eighty-two hundredths feet, a distance of fifty-three and seventy-nine hundredths feet to the point of beginning; thence continuing along such circular curve, a distance of one hundred twenty-five and thirty-three hundredths feet to the point of tangency with a straight line; thence northwesterly along such straight line, a distance of three hundred four and seventy hundredths feet to the point of tangency with a circular curve; thence northerly along the arc of such circular curve bearing to the right, whose central angle is thirty-one degrees, twenty-nine minutes, zero seconds, whose radius is two hundred feet, and whose tangent length is fifty-six and thirty-seven hundredths feet, a distance of one hundred nine and ninety hundredths feet to the point of tangency with a straight line; thence north along such straight line, a distance of two hundred nine and sixty-one hundredths feet to the point of tangency with a circular curve; thence northwesterly along the arc of such circular curve bearing to the left, whose central angle is forty-five degrees, zero minutes, whose radius is two hundred feet and whose tangent length is eighty-two and eighty-four hundredths feet, a distance of one hundred fifty-seven and eight hundredths feet; thence west along a line which deflects forty-five degrees, zero minutes left from a line tangent to the previously described circular curve, a distance of one hundred thirty-four feet; thence northwesterly along a line which deflects seventy degrees, forty-eight minutes right, a distance of one hundred twenty feet to the point of ending; containing an area of forty-six thousand four hundred twenty-four and eighty hundredths square feet, more or less.

Source:Laws 1984, LB 863, § 1.


90-240. State Board of Agriculture; convey easement.

The State Board of Agriculture is authorized by the Legislature to convey to the city of Lincoln, Nebraska, a permanent easement for the construction, reconstruction, inspection, maintenance, operation, and replacement of street improvements in, through, over, and under certain real estate legally described as follows:

(1) A portion of lot 79, irregular tract, located in the northeast quarter of section 13, township 10 north, range 6 east of the sixth principal meridian, in the city of Lincoln, Lancaster County, Nebraska, more particularly described as follows:

Beginning at the northeast corner of such lot 79; thence proceeding southerly along a line parallel to and 33 feet west of the east line of section 13, a distance of 61.04 feet; thence southwesterly deflecting 55 degrees right, a distance of 56.02 feet; thence northwesterly deflecting 90 degrees right, a distance of 50 feet; thence northeasterly deflecting 90 degrees right along the north line of such lot 79, a distance of 91.03 feet to the point of beginning; containing an area of 3,676.15 square feet, more or less; and

(2) A portion of lot 80, irregular tract, located in the northeast quarter of section 13, township 10 north, range 6 east of the sixth principal meridian, in the city of Lincoln, Lancaster County, Nebraska, more particularly described as follows:

Beginning at the northeast corner of such lot 80; thence proceeding southerly along a line parallel to and 33 feet west of the east line of section 13, a distance of 97.66 feet; thence northwesterly deflecting 145 degrees right, a distance of 80 feet; thence northeasterly deflecting 90 degrees right along the north line of such lot 80, a distance of 56.02 feet to the point of beginning; containing an area of 2,240.80 square feet, more or less.

Source:Laws 1985, LB 33, § 1.


90-241. Adjutant General; convey described property.

The Adjutant General is authorized by the Legislature to convey to the city of Wayne, Nebraska:

A permanent easement for the construction, reconstruction, inspection, maintenance, operation, and replacement of a sanitary sewer line, water main, storm sewer main, electrical transmission line, and permanent concrete street, together with all appurtenances, structures, and all other applicable equipment pertaining to any sanitary sewer line, water main, electrical transmission line, storm sewer main, and public concrete street, in, through, over, and under certain real estate known as the National Guard Armory property and legally described as follows:

Beginning at the southwest corner of lot 9, block 7, Sunnyview Addition to the city of Wayne, Nebraska; thence southeasterly along the south line of such lot 9, as extended east, thirty-five feet; thence southerly and parallel to the east line of said lot 9, as extended south, 418.90 feet to the north right-of-way of Nebraska State Highway No. 35; thence westerly along said north right-of-way line, thirty-five feet; thence northerly and along the east line of said lot, as extended south, 418.90 feet, to the point of beginning, said real estate being located in the southeast quarter of section 7, township 26 north, range 4, east of the sixth principal meridian, Wayne County, Nebraska.

Source:Laws 1985, LB 235, § 1.


90-242. Department of Correctional Services; convey described property.

The Department of Correctional Services is authorized by the Legislature to convey to the county of Lancaster, Nebraska, a permanent easement for slope work and bridge maintenance on certain real estate legally described as follows: The west seventeen feet of the fifty feet of the south sixty feet of the north four hundred thirty-one and nine-tenths feet of the north half of the southeast quarter of section 10, township 9 north, range 6 east of the sixth principal meridian, Lancaster County, Nebraska.

Source:Laws 1985, LB 265, § 1.


90-243. Department of Correctional Services; convey described property.

The Department of Correctional Services is authorized by the Legislature to convey to the county of Lancaster, Nebraska, a temporary easement for channel relocation and cleanout on the real estate legally described as follows: An irregular tract of land consisting of twenty-four hundredths of an acre, more or less, situated in the north half of the southeast quarter of section 10, township 9 north, range 6 east of the sixth principal meridian, Lancaster County, Nebraska, situated immediately to the west of the real estate described in section 90-242. The temporary easement shall last for the duration of the contract existing between Lancaster County and the Department of Correctional Services governing channel relocation and cleanout of the described real estate.

Source:Laws 1985, LB 265, § 2.


90-244. Repealed. Laws 2016, LB978, § 5.

90-245. Adjutant General; convey described easement.

The Adjutant General is authorized by the Legislature to convey to the city of Gering, Nebraska, a permanent easement for the construction, reconstruction, inspection, maintenance, operation, and replacement of street improvements in, through, over, and under certain real estate known as the National Guard Armory property and legally described as follows:

Beginning at a point 65.0 feet east of the southwest corner of the southwest quarter of the southeast quarter of section 2, township 21 north, range 55 west of the sixth principal meridian, Scotts Bluff County, Nebraska; thence east, a distance of 300.0 feet parallel with the north line of the southwest quarter of the southeast quarter of said section; thence north, a distance of 25.0 feet parallel to the west line of the southwest quarter of the southeast quarter of said section; thence west, a distance of 300.0 feet parallel to the north line of the southwest quarter of the southeast quarter of said section; thence south, a distance of 25.0 feet to the point of beginning.

Source:Laws 1986, LB 756, § 1.


90-246. Department of Correctional Services; convey described property.

The Department of Correctional Services is hereby authorized to sell and convey by quitclaim deed four real estate lots in the Hawthorne Addition of the city of Lincoln, Lancaster County, Nebraska, more particularly described as follows: Lots 8 and 9 on block 37 and lots 8 and 9 on block 38, Hawthorne Addition to the city of Lincoln, Lancaster County, Nebraska.

Source:Laws 1987, LB 374, § 1.


90-247. Department of Correctional Services; sell described property.

The Department of Correctional Services is hereby authorized to sell and convey by quitclaim deed two tracts of land located in the southeast quarter of section two, township nine north, range six, east of the sixth principal meridian, Lancaster County, Nebraska, more particularly described as follows:

(1) Referring to the east one-quarter corner of said section two; thence southerly along the east line of the southeast quarter of said section two on an assumed bearing of south zero degrees, zero minutes, zero seconds east a distance of sixty-six and no tenths feet; thence south eighty-nine degrees, fifty-six minutes, ten seconds west along the southerly thirty-three and no tenths-foot right-of-way line of Calvert Street as platted in the city of Lincoln a distance of five hundred forty-two and fifty-five hundredths feet to the point of beginning; thence south two degrees, fifty-seven minutes, twelve seconds west along the west line of relocated Thirteenth Street a distance of five hundred eighty-two and thirty-two hundredths feet to the point of curvature of a nine hundred thirteen and fifty-one hundredths-foot radius curve to the left; thence in a southwesterly direction along said nine hundred thirteen and fifty-one hundredths-foot radius curve to the left having a chord bearing of south sixteen degrees, twenty-three minutes, two seconds east and a chord distance of five hundred fifteen and thirty-five hundredths feet to the point of tangency of said curve; thence south thirty degrees, thirty-five minutes, nine seconds east a distance of three hundred ninety-three and ninety-one hundredths feet; thence south forty-six degrees, ten minutes, forty-two seconds west a distance of fifty-eight and thirty-four hundredths feet to a point on a five thousand thirty-two and seventy-four hundredths-foot radius curve to the right, said point being on the northeasterly one hundred fifteen and no tenths-foot right-of-way line of Nebraska State Highway No. 2; thence in a northwesterly direction along said five thousand thirty-two and seventy-four hundredths-foot radius curve to the right having a chord bearing of north forty degrees, seventeen minutes, thirty-two seconds west and a chord distance of five hundred eighty-one and thirty-eight hundredths feet to the point of tangency of said curve; thence north fifty-four degrees, fifty-eight minutes, thirty-nine seconds west a distance of one hundred forty and no tenths feet; thence north thirty degrees, fifty-eight minutes, seven seconds west a distance of three hundred thirteen and eighty-two hundredths feet to the point of curvature of a two thousand twenty-two and twenty-two hundredths-foot radius curve to the right; thence in a northwesterly direction along said two thousand twenty-two and twenty-two hundredths-foot radius curve to the right having a chord bearing of north twenty-seven degrees, five minutes, eleven seconds west and a chord distance of three hundred forty-one and ninety hundredths feet to the point of tangency of said curve; thence north fourteen degrees, thirty-nine minutes, fifty-seven seconds west a distance of three hundred sixty-nine and fifty-two hundredths feet to a point on the southerly thirty-three and no tenths-foot right-of-way line of Calvert Street; thence north eighty-nine degrees, fifty-six minutes, ten seconds east along the southerly thirty-three and no tenths-foot right-of-way line of Calvert Street a distance of six hundred twenty-seven and sixty-three hundredths feet to the point of beginning; containing an area of eleven and twenty-eight hundredths acres, more or less; and

(2) Referring to the southeast corner of said section 2; thence in a northerly direction along the east line of the southeast quarter of said section two on an assumed bearing of north zero degrees, zero minutes, zero seconds east a distance of one thousand three hundred seventy-six and seventy hundredths feet; thence north ninety degrees, zero minutes, zero seconds west perpendicular to the last-described course a distance of thirty-three and no tenths feet to a point on the westerly thirty-three and no tenths-foot right-of-way line of Fourteenth Street as platted in the city of Lincoln and the point of beginning; thence south fifty-nine degrees, fifty-five minutes, thirty-five seconds west a distance of seventy-nine and seventy-four hundredths feet to a point on the northeasterly eighty-five and no tenths-foot right-of-way line of relocated Thirteenth Street; thence north thirty-three degrees, thirteen minutes, nine seconds west a distance of three hundred seventy-six and one hundredths feet; thence north twenty-three degrees, four minutes, fifty-seven seconds west a distance of one hundred eighty and sixty-eight hundredths feet; thence north twelve degrees, fifteen minutes, twenty-one seconds west a distance of one hundred fifty-five and two hundredths feet to a point on the southerly thirty and no tenths-foot right-of-way line of Stockwell Street; thence south eighty-nine degrees, one minute, forty seconds east along the southerly thirty and no tenths-foot right-of-way line of Stockwell Street a distance of three hundred seventy-eight and eighty-hundredths feet to a point on the westerly thirty-three and no tenths-foot right-of-way line of said Fourteenth Street; thence south zero degrees, zero minutes, zero seconds east along the westerly thirty-three and no tenths-foot right-of-way line of said Fourteenth Street a distance of five hundred eighty-five and eighty-eight hundredths feet to the point of beginning; containing an area of three and sixty-three hundredths acres, more or less.

Source:Laws 1987, LB 526, § 1.


90-248. Department of Correctional Services; sale of land; State Treasurer's Land Sales Distributive Fund; created; use; investment.

The land described in section 90-247 shall be sold to the highest bidder at public auction. The income from the sale of all or any portion of the land described in section 90-247 shall be deposited in the State Treasurer's Land Sales Distributive Fund, which fund is hereby created. The distributive fund shall be used only for the purpose of refunding money to the purchaser of the land as provided by any contract or agreement or, when all conditions of the sale have been fulfilled, for transfer of the income from the sale and any accrued interest to the State Treasurer for credit to the General Fund. Any money in the distributive 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 1987, LB 526, § 2; Laws 1995, LB 7, § 155.


Cross References

90-249. Repealed. Laws 1996, LB 1044, § 985.

90-250. Repealed. Laws 1996, LB 1044, § 985.

90-251. State Department of Education; sell described property; proceeds.

(1) The State Department of Education may sell and convey by quitclaim deed two parcels of land generally described as follows:

(a) A parcel of land in the northwest quarter of section 31, township 9, range 14, in Otoe County, Nebraska, designated as tract number 4, consisting of eleven and nine-tenths acres, more or less, as shown by the plat of Lester Ehlers, engineer and surveyor, sworn to November 22, 1950, filed December 4, 1950, in Deeds Book 97, page 298, in the Office of the Register of Deeds of Otoe County, Nebraska, subject to and less public road and Missouri Pacific Railroad right-of-way; and

(b) A triangular tract of land starting at the northeast corner of the southeast quarter of the northeast quarter of section 36, township 9, range 13, thence south on the section line three hundred fifty feet, thence in a northwesterly direction four hundred four feet along the center line of the Missouri Pacific Railroad right-of-way to the north line of the southeast quarter of the northeast quarter, thence east on such line to the point of beginning, containing one and six-tenths acres, more or less, all of the above-described land being subject to the Missouri Pacific Railroad right-of-way and the public road and all of such land being in Otoe County, Nebraska.

(2) The income from the sale of all or any portion of the land described in subsection (1) of this section shall be deposited in the State Department of Education Trust Fund. The department may use the income from the sale of the land to pay any selling expenses associated with the sale.

Source:Laws 1987, LB 526, § 5.


90-252. Department of Correctional Services; convey described property.

(1) The Department of Correctional Services is hereby authorized to sell and convey by quitclaim deed to Lancaster County, Nebraska, a tract of land located in the northwest quarter of section 9, township 9 north, range 6 east of the 6th principal meridian, Lancaster County, Nebraska, more particularly described as follows:

Beginning at the southeast corner of the northwest quarter thence in a westerly direction with the south line of the northwest quarter, a distance of seven hundred feet; thence in a northerly direction perpendicular to the south line, a distance of thirty-three feet; thence in a northeasterly direction to a point located six hundred feet westerly from the southeast corner as measured with the south line and forty feet distant from and measured perpendicular to the south line; thence in an easterly direction parallel with the south line, a distance of five hundred feet; thence in a northeasterly direction to a point located fifty feet northerly from and measured perpendicular to the south line and forty feet westerly from and measured perpendicular to the east line of the northwest quarter; thence in a northerly direction parallel with and forty feet distant from the east line of the northwest quarter, a distance of eight hundred eighty-six and seventy-six hundredths feet; thence in a northwesterly direction to a point located eleven hundred thirty-six and seventy-six hundredths feet northerly from the southeast corner of the northwest quarter as measured with the east line and sixty feet westerly from and measured perpendicular to the east line; thence in a northeasterly direction to a point located thirteen hundred thirty-six and seventy-six hundredths feet northerly from the southeast corner as measured with the east line and forty feet westerly from and measured perpendicular to the east line; thence in a northwesterly direction to a point located one thousand nineteen and ninety-six hundredths feet southerly from the northeast corner of the northwest quarter as measured with the east line and fifty feet westerly from and measured perpendicular to the east line; thence in a northerly direction parallel with the east line, a distance of two hundred feet; thence in a northeasterly direction to a point located six hundred nineteen and sixty-nine hundredths feet southerly from the northeast corner as measured with the east line and forty feet westerly from and measured perpendicular to the east line; then in a northerly direction, parallel with the east line to a point on the north line of the northwest quarter; thence in an easterly direction on the north line to the northeast corner of the northwest quarter; thence in a southerly direction on the east line of the northwest quarter, a distance of two thousand six hundred fifty-six and seventy-two hundredths feet, more or less, to the point of beginning; containing three and twenty-four hundredths acres, more or less, of which two and fifty-two hundredths acres, more or less, is existing county road right-of-way, making a net additional right-of-way of seventy-two hundredths acre, more or less.

(2) The Department of Correctional Services may receive payments from Lancaster County for trees removed from state property in connection with this conveyance. Such payments shall be deposited in the Department of Correctional Services Facility Cash Fund to be used by the department for the purchase and planting of replacement trees.

Source:Laws 1988, LB 854, § 1.


90-253. Department of Economic Development; convey described property; proceeds.

The Department of Economic Development is authorized, upon written approval of the Governor, to sell, lease, or otherwise convey the following described real estate: All of lots 4 thru 15, block 6, Murray's Addition to Oklahoma, an addition to the city of Omaha, in section 34, township 15 north, range 13 east of the 6th P.M.; Douglas County, Nebraska, together with the easterly part of lots 16 and 17 more particularly described as follows: Beginning at the southeast corner of lot 16 thence one hundred thirty-four feet to the northeast corner of lot 17; thence east sixty-two and eight-tenths feet; thence southwesterly to a point thirty-eight and nine-tenths feet east of the southwest corner of lot 17; thence southwesterly to a point eight and six-tenths feet east of the southwest corner of lot 16; thence east to the point of beginning; together with the easterly part of lot 19 more particularly described as follows: Beginning at the southeast corner of said lot 19; thence north fifty and eight-tenths feet; thence southwesterly sixty and three-tenths feet to a point thirty-two and one-half feet west of the said southeast corner; thence east thirty-two and one-half feet to the point of beginning. Together with the following described parts of lots 9 thru 16, block 5, said Murray's Addition: Beginning at the southwest corner of lot 9; said block 5; thence north seventy-five feet; thence southeasterly to a point on the east line of said lot 9, fifty-five feet north of the southeast corner of said lot 9 then southeasterly to a point on the east line of lot 11; said block 5 said point being twenty-seven feet north of the southeast corner of said lot 11, thence east to a point on the east line of lot 12; said block 5, said point being twenty-seven feet north of the southeast corner of said lot 12; thence northeasterly to a point on the east line of lot 13; said block 5; said point being forty feet north of the southeast corner of said lot 13; thence northeasterly to a point on the east line of lot 14; said block 5; said point being sixty feet north of the southeast corner of said lot 14; thence northeasterly to a point on the east line of lot 16; said block 5, said point being one hundred twenty-nine feet north of the southeast corner of said lot 16; thence south to the southeast corner of said lot 16; thence west to the southwest corner of said lot 9. Together with the streets and alleys lying between the above described lots; commonly referred to as the Nebraska Omaha Travel Information Center. If the real estate is leased, such lease may contain an option to purchase the property at a value in the best interests of the state to be determined by the department. Proceeds of the sale or lease shall be deposited in the appropriate fund in the same manner as proceeds are deposited in section 81-161.04 and used for the purposes set forth for the fund.

Source:Laws 1988, LB 1143, § 8.


90-254. Department of Correctional Services; convey described property.

The Department of Correctional Services is authorized by the Legislature to convey by quitclaim deed to the county of Lancaster, Nebraska, for the widening and improvement of Old Cheney Road and South Folsom Streets, a part of lot 43, irregular tract in the southeast quarter, and of lot 41, irregular tract in the northeast quarter, both in section 10, township 9 north, range 6 east of the 6th principal meridian, Lancaster County, Nebraska, more particularly described as follows: Referring to the southeast corner of the southeast quarter of said section 10; thence westerly with the south line of the said southeast quarter to the southwest corner of the southeast quarter of the said southeast quarter; thence northerly with the west line of the said southeast quarter of the southeast quarter to a point thirty-three feet distant from and measured perpendicular to the said south line, said point being a point of intersection with the existing northerly right-of-way line of West Old Cheney Road and the point of beginning; thence continuing with the last-described course to a point fifty feet distant from the said south line; thence easterly parallel with the said south line, a distance of seven hundred twenty-one and ninety-five hundredths feet, more or less, to a point of intersection with the existing northerly right-of-way line; thence southwesterly on a deflection angle of one hundred sixty-seven degrees, twenty-three minutes, thirty-eight seconds right, with the said right-of-way line, a distance of seventy-seven and eighty-nine hundredths feet to a point thirty-three feet northerly from and measured perpendicular to the said south line; thence westerly parallel with the said south line to the point of beginning; and referring to the southwest corner of the southeast quarter of said section 10; thence northerly with the west line of the said southeast quarter, a distance of one thousand three hundred nineteen and nineteen hundredths feet, more or less, to the southwest corner of the northwest quarter of the southeast quarter, said point also being the point of beginning; thence easterly with the south line of the said northwest quarter of the southeast quarter to a point fifty feet distant from the said west line; thence northerly parallel with the said west line to a point of intersection with the existing easterly right-of-way of South Folsom Street, said point located one hundred forty-one and twenty-two hundredths feet southerly from the northwest corner of the northeast quarter of said section 10, as measured with the said west line; thence southwesterly on a deflection angle of one hundred sixty-eight degrees, twenty-one minutes, thirty-six seconds left, with the said right-of-way line, a distance of eighty-four and twenty-six hundredths feet; thence westerly perpendicular to the said west line, a distance of thirty-three feet to a point of intersection with the said west line, said point also being two hundred twenty-three and seventy-five hundredths feet southerly from the said northwest corner; thence southerly with the said west line to the point of beginning; containing four and sixty-one hundredths acres, more or less.

Source:Laws 1990, LB 970, § 1.


90-255. Department of Correctional Services; donation to county; damages paid by county.

The Department of Correctional Services is authorized by the Legislature to convey to the county of Lancaster, Nebraska, the real estate described in section 90-254 as a donation. Damages computed for removal of trees or fencing shall be paid by Lancaster County to the Department of Correctional Services Facility Cash Fund to be used for replacement of such trees and fencing.

Source:Laws 1990, LB 970, § 2.


90-256. Repealed. Laws 1996, LB 1044, § 985.

90-257. Repealed. Laws 1996, LB 1044, § 985.

90-258. Repealed. Laws 1996, LB 1044, § 985.

90-259. Repealed. Laws 1996, LB 1044, § 985.

90-260. Game and Parks Commission; convey described property.

The Game and Parks Commission is authorized and directed to convey to the Department of Roads the following described real estate situated in the county of Dawson, in the State of Nebraska, to wit: A tract of land located in the northeast quarter of section 20, township 9 north, range 21 west of the 6th principal meridian, Dawson County, Nebraska, described as follows: Beginning at the northeast corner of section 20; thence westerly on the north line of the northeast quarter of section 20 a distance of 2,360.8 feet; thence southeasterly 133 degrees, 47 minutes left a distance of 34.3 feet; thence continuing southeasterly 21 degrees, 49 minutes left a distance of 107.5 feet; thence continuing southeasterly 21 degrees, 49 minutes right a distance of 734.9 feet to point of curvature; thence continuing southeasterly on a 718.5-foot radius curve to the left (initial tangent of which coincides with the last-described course) a distance of 331.3 feet to point of tangency; thence continuing southeasterly tangent, a distance of 787.3 feet; thence continuing southeasterly 2 degrees, 11 minutes left a distance of 686.6 feet to a point on the east line of the northeast quarter; thence northerly on the east line a distance of 1,256.9 feet to the point of beginning, containing 39.04 acres, more or less.

Source:Laws 1991, LB 500, § 1.


90-261. Repealed. Laws 2000, LB 885, § 3.

90-262. Repealed. Laws 2000, LB 885, § 3.

90-263. Repealed. Laws 2000, LB 885, § 3.

90-264. Adjutant General; convey easement to the city of Wahoo.

The Adjutant General is authorized by the Legislature to convey to the city of Wahoo, Nebraska, a permanent easement for the maintenance of a sanitary sewer line, with all appurtenances and accessories, in, through, over, and under certain real estate legally described as follows: A twelve-foot-wide strip of land for the maintenance of a sanitary sewer line, with appurtenances and accessories, being part of vacated 17th Street, part of vacated 18th Street, and part of Block 2, in Sunnyside Addition to the City of Wahoo, Saunders County, Nebraska, being described as follows: Commencing at the southeast corner of Block 1 of said Sunnyside Addition; thence N88 21′ 15″ W (assumed bearing) on the south line of said Block 1, 125.65 feet to the true point of beginning; thence continuing N88 21′ 15″ W on said south line, 12.00 feet; thence S00 56′ 40″ W, 339.46 feet; thence S74 21′ 08″ E, 148.70 feet to a point on the west line of Chestnut Street; thence N00 00′ 00″ W on said west line, 12.46 feet; thence N74 21′ 08″ W, 136.08 feet; thence N00 56′ 40″ E, 330.05 feet to the true point of beginning.

Source:Laws 1995, LB 772, § 1.


90-265. Game and Parks Commission; convey described property.

The Game and Parks Commission is authorized and directed to convey to the county of Buffalo for public park purposes, subject to the conditions described in section 90-266, the following described real estate now known as Ravenna State Recreation Area, situated in Buffalo County, Nebraska, to wit:

(1) A tract of land in the southwest quarter of section 10 and the east part of the southeast quarter of section 9, township 12 north, range 14 west of the sixth principal meridian, situated in Buffalo County, Nebraska, described as follows: Beginning at a point 200 feet east of the southwest corner of the southwest quarter of section 10, township 12 north range 14 west of sixth principal meridian; thence north for a distance of 900 feet; thence west for a distance of 200 feet; thence north to a point 450 feet south of northwest corner of the southwest quarter of said section 10; thence west for a distance of 385 feet; thence north for a distance of 50 feet; thence east for a distance of 385 feet to the northwest corner of the southwest quarter of said section 10; thence east for a distance of 700 feet; thence angle right 42 degrees, 30 minutes, for a distance of 236 feet; thence angle right 8 degrees, 0 minutes, for a distance of 284 feet; thence angle left 3 degrees, 2 minutes, for a distance of 138 feet; thence angle left 17 degrees, 9 minutes, for a distance of 197 feet; thence angle right 43 degrees, 34 minutes, for a distance of 383 feet; thence angle right 16 degrees, 51 minutes, for a distance of 216 feet; thence angle right 20 degrees, 47 minutes, for a distance of 21 feet; thence angle left 13 degrees, 53 minutes, for a distance of 272 feet, to the east line of the west half of the said southwest quarter of section 10; thence south one for a distance of 1,044 feet to the south line of said southwest quarter of section 10; thence west for a distance of 1,120 feet to the place of beginning and containing 78.03 acres, more or less;

(2) A tract of land beginning at the southeast corner of the west half of the southwest quarter of section 10, township 12 north, range 14 west of the sixth principal meridian, running due north for a distance of 1,044 feet; thence angle right 7 degrees, 38 minutes, for a distance of 272 feet; thence angle right 13 degrees, 53 minutes, for a distance of 214 feet; thence angle left 20 degrees, 47 minutes, for a distance of 216 feet; thence angle left 43 degrees, 34 minutes, for a distance of 182 feet; thence angle right 157 degrees, 21 minutes, for a distance of 137 feet; thence angle right 21 degrees, 53 minutes, for a distance of 100 feet; thence angle right 14 degrees, 17 minutes, for a distance of 95 feet; thence angle right 10 degrees, 7 minutes, for a distance of 164 feet; thence angle right 5 degrees, 43 minutes, for a distance of 100 feet; thence angle right 5 degrees, 30 minutes, for a distance of 195 feet; thence angle left 12 degrees, 26 minutes, for a distance of 72 feet; thence angle left 17 degrees, 1 minute, for a distance of 307 feet; thence angle right 11 degrees, 47 minutes, for a distance of 100 feet; thence angle right 2 degrees, 30 minutes, for a distance of 150 feet; thence angle right 1 degree, 19 minutes, for a distance of 160 feet; thence angle right 0 degrees, 44 minutes, for a distance of 220 feet; thence angle left 27 degrees, 52 minutes, for a distance of 111 feet, to the railroad right-of-way line; thence on the railroad right-of-way line angle right 62 degrees, 27 minutes, for a distance of 37.8 feet, to the intersection of the right-of-way line and the south line of section 10, township 12 north, range 14 west of the sixth principal meridian; thence a distance of 82.7 feet west along the south line of section 10, township 12 north, range 14 west of the sixth principal meridian, to the southeast corner of the west half of the southwest quarter of section 10, township 12 north, range 14 west of the sixth principal meridian, which is the point of beginning, containing 2.63 acres, more or less; and

(3) A strip of land 100 feet in width situated in the southeast quarter of the northeast quarter of section 16, township 12 north, range 14 west of the sixth principal meridian, extending southwesterly from the east line of said section 16 to the northeasterly boundary line of Nebraska State Highway 2, said strip being 50 feet in width, measured at right angles on each side of the following described center line of former main track of the Pleasanton branch of Union Pacific Railroad Company as formerly constructed and operated: Beginning at a point on the east line of said section 16 that is a distance of 1,550 feet south of the northeast corner of said section 16; thence southwesterly along a straight line forming an angle of 46 degrees, 15 minutes, from south to southwest with the east line of said section 16 for a distance of 1,130 feet, more or less, to a point in said northeasterly boundary line of existing Nebraska State Highway 2, containing an area of 2.59 acres, more or less, in Buffalo County, Nebraska.

Source:Laws 1996, LB 1070, § 1.


90-266. Buffalo County; grant permanent easement.

Buffalo County, Nebraska, shall grant a permanent easement across the real estate described in section 90-265 to Emil J. Obermiller and Vicki L. Obermiller for the purpose of access to the Obermiller's property adjacent to such real estate. Emil J. Obermiller and Vicki L. Obermiller shall grant a permanent easement on such adjacent real estate to Buffalo County, Nebraska, and the city of Ravenna, for recreational trail purposes, on one hundred feet from the northernmost boundary to the south and the entire width from east to west of such one hundred feet, of the real estate situated in Buffalo County, Nebraska, and described on microfilm roll 94, pages 2946 and 2947, in the records of the Buffalo County Register of Deeds.

Source:Laws 1996, LB 1070, § 2.


90-267. Nebraska Army National Guard complex; sale of property authorized.

(1) Notwithstanding sections 72-811 to 72-818 or any other provision of law, the State Building Administrator or his or her designee, in consultation with the Adjutant General, is authorized to sell land and six buildings located at 1300 Military Road, 1234 Military Road, 1237 Military Road, Cold Storage Building, and the Engagement Skills Trainer in Lincoln, Nebraska, by such method as is to the best advantage of the State of Nebraska, including auction, sealed bid, or public sale, and if necessary, by private sale, but in all situations only after notice of the property sale is publicly advertised on at least two separate occasions in the newspaper with the largest circulation in Lancaster County and not less than thirty days prior to the sale of the property. The properties are all in the Nebraska Army National Guard complex along Military Road between 10th Street and 14th Street in Lincoln, Nebraska. The tracts include Tracts A, B, C, and D. The larger tracts have been split to provide a general legal description for each of the six parcels. The following of the subject properties are in Tract A and legally described as follows:

(a) TAG. The southeast part of Tract A in the area of the TAG Building, the lot would then extend northwest into the north part of Lot A. The site would generally include the south 200 feet of the east 300 feet of Tract A plus a tract about 100 feet in width that extends north from the west part of the 300 feet. The total size is estimated to be 82,764 square feet;

(b) NEMA. This tract is the northeast part of Tract A extending north along 14th Street from the TAG tract to the north property line. It would include the east 200 feet of Tract A except the south 200 feet. The total size is estimated to be 80,150 square feet; and

(c) USPFO. This is the remainder of Tract A. It is generally the west 368 feet of Tract A extending from Military Road north of Salt Creek but excluding the part owned by the State of Nebraska and leased to the city of Lincoln. The total size is estimated to be 3.74 acres or 162,914 square feet.

(2) The other three tracts are located in the east 300-plus feet of Tract B. Such tracts are located south of Military Road, and the east line of the tracts is about 160 feet west of 14th Street. The tracts have a depth of about 352 feet. These properties are legally described as follows:

(a) DCSIM Building. Generally the east 178 feet of the south 196 feet of the tracts;

(b) Trainer Building. Generally the west 192 feet of the north 156 feet of the tracts and including an easement drive to the DCSIM Tract; and

(c) Cold Storage Building. Generally the east 122 feet of the tracts.

(3) The land and buildings described in this section may be sold either as a combined package or in such individual parcels as mutually agreed upon by the State Building Administrator and the Adjutant General.

(4) This section terminates on July 1, 2015.

Source:Laws 2003, LB 403, § 1;    Laws 2006, LB 1061, § 18.    Termination Date: July 1, 2015


90-268. Proceeds; disposition.

All proceeds from the sale of any land or buildings described in section 90-267, including investment income on the sale proceeds of the property, shall be separately accounted for and credited to a separate optional cash account within the Vacant Building and Excess Land Cash Fund and shall be designated for the Military Department Joint Operations Center project.

This section terminates on July 1, 2015.

Source:Laws 2003, LB 403, § 2;    Laws 2006, LB 1061, § 19.    Termination Date: July 1, 2015


90-269. Military Department Joint Operations Center project; transfer of funds.

After paying any maintenance expenses pending the sale and selling expenses associated with the sale of land and buildings described in section 90-267, the State Building Administrator shall administratively transfer any money available in the separate optional cash account within the Vacant Building and Excess Land Cash Fund designated for the Military Department Joint Operations Center project as authorized pursuant to section 90-268, in the following priority manner:

(1) First, $975,000 shall be administratively transferred from the Vacant Building and Excess Land Cash Fund to the Joint Operations Center Capital Construction Fund in either a single full transfer amount or in partial transfer amounts as the funds become available;

(2) Second, after completing the transfer of the total amount specified in subdivision (1) of this section, an amount shall be administratively transferred from the Vacant Building and Excess Land Cash Fund to the Military Department Cash Fund in the exact amount equal to or less than one hundred thousand dollars as certified in writing by the Adjutant General to the budget administrator of the budget division of the Department of Administrative Services and to the State Building Administrator, but only as required to fully reimburse the federal government for certain previous renovation expenses; and

(3) Third, after completing the full transfer amounts required pursuant to subdivisions (1) and (2) of this section, any remaining fund balance in the separate optional cash account within the Vacant Building and Excess Land Cash Fund as designated for the Military Department Joint Operations Center project, including any investment income credited to the fund, shall be administratively transferred to the General Fund.

This section terminates on July 1, 2015.

Source:Laws 2003, LB 403, § 3;    Laws 2006, LB 1061, § 20.    Termination Date: July 1, 2015


90-270. Joint Operations Center Capital Construction Fund; created; use; investment.

The Joint Operations Center Capital Construction Fund is created. The fund shall consist of revenue administratively transferred from the Vacant Building and Excess Land Cash Fund pursuant to section 90-269 and may also include administrative interfund transfers from the Governor's Emergency Cash Fund and the Military Department Cash Fund, which are hereby authorized, except that any administrative interfund transfers made pursuant to this section from the Governor's Emergency Cash Fund and the Military Department Cash Fund shall be reversed on or before June 30, 2015. The Joint Operations Center Capital Construction Fund shall be used to construct and furnish combined office space for the Nebraska Emergency Management Agency and the Nebraska State Patrol Communications Operations Center, including any necessary relocation expenses of the offices and the Nebraska State Patrol communications switcher. The fund shall be administered by the State Administrator of the Nebraska Emergency Management Agency. 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. The fund balance in the Joint Operations Center Capital Construction Fund existing as of June 30, 2015, plus any investment income credited to the fund after June 30, 2015, shall be transferred to the General Fund.

This section terminates on July 1, 2015.

Source:Laws 2003, LB 403, § 4;    Laws 2006, LB 1061, § 21.    Termination Date: July 1, 2015


Cross References

90-271. Ferguson House; sale prohibited.

The Department of Administrative Services shall not sell the property known as the Ferguson House and the appurtenant carriage house located at 700 South 16th Street, Lincoln, Nebraska. The legal description of this property is lots 4, 5, and 6, block 153, original plat, Lincoln, Lancaster County, Nebraska.

Source:Laws 2004, LB 1092, § 10.    


90-272. Game and Parks Commission; convey property to village of Arnold.

The Game and Parks Commission is authorized to convey to the village of Arnold for public park purposes the following described real estate now known as Arnold State Recreation Area, situated in the county of Custer, in the State of Nebraska, to wit: A tract of land in the northwest quarter of the southeast quarter of section 28, township 17 north, range 25 west of the 6th principal meridian, described as follows: Beginning at the northeast corner of said northwest quarter of the southeast quarter, running thence west 660.0 feet, thence south 330.0 feet, thence south 45 degrees east to a point 330.0 feet north of the southeast corner of said northwest quarter of the southeast quarter, thence north 990.0 feet to the place of beginning, and containing 10 acres more or less; and a tract of land in the northeast quarter of the southeast quarter of section 28, township 17 north, range 25 west of the 6th principal meridian, described as follows: Beginning at the northwest corner of said northeast quarter of the southeast quarter, running thence east 660.0 feet, more or less, to the center of the channel of the South Loup River, thence in a southerly and easterly direction along the center of the channel of said river to its intersection with the east line of said northeast quarter of the southeast quarter, said point of intersection being 528.0 feet, more or less, south of the northeast corner of said northeast quarter of the southeast quarter, thence south along said east line 630.0 feet, thence west 1,320.0 feet, more or less, to the west line of said northeast quarter of the southeast quarter, thence north along said west line 1,158.0 feet to the place of beginning, and containing 30 acres, more or less, except that if the village of Arnold ceases to operate the lands conveyed as a public park and recreation area, title to such lands shall revert to the Game and Parks Commission.

Source:Laws 2010, LB743, § 1.    


90-273. Game and Parks Commission; convey property to city of Atkinson.

The Game and Parks Commission is authorized to convey to the city of Atkinson for public park purposes the following described real estate now known as Atkinson State Recreation Area, situated in the county of Holt, in the State of Nebraska, to wit: A tract of land in Blocks 53, 54, 55, 56, 57, 58, 59, and 60, all in Mathew's Addition to Atkinson, Holt County, Nebraska; and the southeast quarter of the southwest quarter of section 30, township 30 north, range 14 west of the 6th principal meridian, excepting therefrom a parcel described as follows: Commencing at the southwest corner of the southeast quarter of the southwest quarter, section 30, township 30 north, range 14 west of the 6th principal meridian, thence running due north 42.42 rods; thence running due east 36.36 rods; thence running due south 24.24 rods; thence running due east 18.18 rods; thence running due south 18.18 rods; thence running due west 54.54 rods to the place of beginning, containing 49.51 acres, more or less, Holt County, Nebraska; the southwest quarter of section 30, township 30 north, range 14 west, Holt County, Nebraska; and that part of the southwest quarter of the southeast quarter of section 30, township 30 north, range 14 west of the 6th principal meridian, Holt County, Nebraska, described as follows: Commencing at the northwest corner of the southwest quarter of the southeast quarter of said section 30, thence running on a line south 57 degrees, 35 minutes, east a distance of 347.56 feet, thence due south a distance of 433.75 feet, thence due west a distance of 293.38 feet, thence due north a distance of 620.1 feet to the point of beginning containing 3.55 acres, more or less, except that if the city of Atkinson ceases to operate the lands conveyed as a public park and recreation area, title to such lands shall revert to the Game and Parks Commission.

Source:Laws 2010, LB743, § 2.    


90-274. Game and Parks Commission; convey property to village of Ayr.

The Game and Parks Commission is authorized to convey to the village of Ayr for public park purposes the following described real estate, now known as Crystal Lake State Recreation Area, situated in the county of Adams, in the State of Nebraska, to wit:

(1) That part of the southeast quarter of section 28, township 6 north, range 10 west of the 6th principal meridian, in Adams County, Nebraska, described as follows: Begin at a stone at the northeast corner of the southeast quarter of section 28, township 6 north, range 10 west; thence south along the section line 254 feet to a point where the south right-of-way line of the Burlington-Northern Railroad intersects the said section line, said point being the point of beginning for the parcel herein conveyed; thence northwesterly along the south right-of-way line of the Burlington-Northern Railroad, 648 feet to an iron pin; thence left 95 degrees, 28 minutes, 414.7 feet to an iron pin; thence left 38 degrees, 21 minutes, 324.2 feet; thence right 57 degrees, 15 minutes, 805.8 feet to an iron pin; thence right 60 degrees, 13 minutes, 48.9 feet to an iron pin; thence left 51 degrees, 20 minutes, 1,026.7 feet to an iron pin; thence left 62 degrees, 21 minutes, 208.9 feet to an iron pin on the south side of section 28; thence left 58 degrees, 38 minutes, 186.5 feet along the section line to an iron pin; thence left 48 degrees, 22 minutes, 371.7 feet to an iron pin; thence left 21 degrees, 30 minutes, 574 feet to an iron pin; thence right 70 degrees, 20 minutes, 605.8 feet to an iron pin on the section line between sections 27 and 28; thence north along said section line 1,588 feet to the point of beginning, containing 32.79 acres more or less;

(2) That part of the southwest quarter of section 27, township 6 north, range 10 west, in Adams County, Nebraska, described as follows: Begin at a stone at the northwest corner of the southwest quarter of section 27, township 6 north, range 10 west; thence south along the section line 254 feet to a point where the south right-of-way line of the Burlington-Northern Railroad intersects the said section line, said point being the point of beginning for the parcel herein conveyed; thence southeasterly along the south right-of-way line of said railroad 265.7 feet to an iron pin; thence right 81 degrees, 14 minutes, 272 feet to an iron pin; thence left 52 degrees, 50 minutes, 151 feet to an iron pin; thence left 12 degrees, 165 feet to an iron pin; thence right 19 degrees, 06 minutes, 211.5 feet to an iron pin; thence right 6 degrees, 36 minutes, 132 feet to an iron pin; thence right 6 degrees, 34 minutes, 198.2 feet to an iron pin; thence left 6 degrees, 35 minutes, 198 feet to an iron pin; thence right 10 degrees, 22 minutes, 132.3 feet to an iron pin; thence right 13 degrees, 54 minutes, 132 feet to an iron pin; thence right 7 degrees, 15 minutes, 132 feet; thence right 13 degrees, 05 minutes, 120.5 feet; thence left 15 degrees, 28 minutes, 131.8 feet; thence right 31 degrees, 10 minutes, 66 feet; thence right 34 degrees, 14 minutes, 99 feet; thence right 23 degrees, 04 minutes, 157.8 feet; thence right 19 degrees, 19 minutes, 264 feet; thence right 9 degrees, 20 minutes, 642.6 feet to a point on the north and south dividing line between sections 27 and 28 and 812 feet north of the southwest corner of section 27; thence north along the section line, 1,588 feet to the place of beginning, containing 30.22 acres; and

(3) That part of the southwest quarter of section 27, township 6 north, range 10 west of the 6th principal meridian, in Adams County, Nebraska, more particularly described as follows: To ascertain the point of beginning, begin at the northwest corner of the southwest quarter of section 27, township 6 north, range 10 west; thence south along the section line 254 feet of the point where the south right-of-way line of the Burlington-Northern Railroad intersects the said section line; thence southeasterly along the south right-of-way line of said railroad 265.70 feet; thence deflecting right 81 degrees, 14 minutes, for a distance of 55.63 feet to the actual point of beginning; thence continuing on the same course 216.37 feet; thence deflecting left 52 degrees, 50 minutes, for a distance of 38.57 feet; thence deflecting left 127 degrees, 01 minute for a distance of 130.48 feet; thence deflecting left 8 degrees, 40 minutes, for a distance of 59.87 feet; thence deflecting left 15 degrees, 24 minutes, for a distance of 54.80 feet to the actual point of beginning and containing 0.154 acres, a little more or a little less as surveyed by Edwin D. Benjamin.

If the village of Ayr ceases to operate the lands conveyed as a public park and recreation area, title to such lands shall revert to the Game and Parks Commission.

Source:Laws 2011, LB563, § 1.    


90-275. Game and Parks Commission; convey property to county of Sherman.

The Game and Parks Commission is authorized to convey to the county of Sherman for public park purposes the following described real estate, now known as Bowman State Recreation Area, situated in the county of Sherman, in the State of Nebraska, to wit:

(1) A tract of land in the northwest quarter of section 13, township 15 north, range 15 west of the 6th principal meridian, in Sherman County, Nebraska, more particularly described as follows: Commencing at a point on the line between sections 13 and 14, township 15 north, range 15 west of the 6th principal meridian, at a point 33 feet south of the corner of sections 11, 12, 13, and 14, township 15 north, range 15 west of the 6th principal meridian, and running thence east on a line parallel with the line between sections 12 and 13, township 15 north, range 15 west of the 6th principal meridian, and 33 feet distant, 995.94 feet, thence south 14 degrees, 15 minutes east 1252.35 feet, thence south 37 degrees east 488.06 feet, thence south 59 degrees, 45 minutes east 132.99 feet, thence south 86 degrees west 974.16 feet to the left bank of the Middle Loup River, thence in a northwesterly direction along the left bank of the stream, 1201.86 feet to a point on the line between sections 13 and 14 aforesaid 917.40 feet south of said corner of sections 11, 12, 13, and 14, thence north on the line between sections 13 and 14, 884.40 feet to the point of beginning, containing 43.06 acres, more or less; and

(2) A tract of land in the northwest quarter of section 13, township 15 north, range 15 west of the 6th principal meridian, in Sherman County, Nebraska, more particularly described as follows: Commencing at the east quarter corner of said section 13, township 15 north, range 15 west of the 6th principal meridian; thence southerly on said section line a distance of 910.56 feet; thence northwesterly with a deflection angle of 117 degrees, 42 minutes, a distance of 3492.39 feet to the point of beginning, this point of beginning being marked by an iron stake and being the southeast corner of a tract of land conveyed to the State of Nebraska by warranty deed from John Haesler and Bertha Haesler, husband and wife, dated October 30, 1930, and recorded April 29, 1931, in Book 43 at Page 151 of Deed Records; thence southwesterly with a bearing of south 46 degrees, 10 minutes, west 699.13 feet to a point on the left bank of the Middle Loup River; thence northwesterly along the left bank of said Middle Loup River with a bearing of north 46 degrees, 0 minutes, west 602.55 feet; thence easterly, on the south line of said tract, on a bearing north 86 degrees, 0 minutes, east a distance of 940 feet to the point of beginning; containing 4.83 acres, more or less.

Source:Laws 2011, LB207, § 1.    


90-276. Game and Parks Commission; convey property to village of Brownville.

The Game and Parks Commission is authorized to convey to the village of Brownville, Nebraska, for public park purposes the following described real estate now known as Brownville State Recreation Area, situated in the county of Nemaha, in the State of Nebraska, to wit:

(1) From the southeast corner of Block 1 in the Original Town of Brownville, Nebraska, running east parallel to the center line of Main Street a distance of 237.1 feet to the place of beginning, said place of beginning being 90 feet east of the center line of the C.B. & Q. R.R. track; thence south 6 degrees, 26 minutes east, parallel to the C.B. & Q. R.R. track, a distance of 100 feet to a point; thence south 7 degrees, 11 minutes east, parallel to the C.B. & Q. R.R. track, a distance of 100 feet to a point; thence south 7 degrees, 24 minutes east, parallel to the C.B. & Q. R.R. track, a distance of 100 feet to a point; thence south 7 degrees, 16 minutes east, parallel to the C.B. & Q. R.R. track, a distance of 100 feet to a point; thence south 7 degrees, 12 minutes east, parallel to the C.B. & Q. R.R. track, a distance of 100 feet to a point; thence south 6 degrees, 35 minutes east, parallel to the C.B. & Q. R.R. track, a distance of 100 feet to a point; thence south 5 degrees, 00 minutes east, parallel to the C.B. & Q. R.R. track, a distance of 100 feet to a point; thence south 3 degrees, 58 minutes east, parallel to the C.B. & Q. R.R. track, a distance of 100 feet to a point; thence south 2 degrees, 26 minutes east, parallel to the C.B. & Q. R.R. track, a distance of 100 feet to a point; thence south 1 degree, 11 minutes east, parallel to the C.B. & Q. R.R. track, a distance of 100 feet to a point; thence south 0 degrees, 03 minutes east, parallel to the C.B. & Q. R.R. track, a distance of 100 feet to a point; thence south 0 degrees, 42 minutes west, parallel to the C.B. & Q. R.R. track, a distance of 60.3 feet to a point, said point being 90 feet east of the center line of the C.B. & Q. R.R. track; thence east 860.4 feet to a point on the right high mark of the Missouri River; thence north 27 degrees, 14 minutes west along the said high bank of the Missouri River, a distance of 199.9 feet to a point; thence north 21 degrees, 39 minutes west along the said high bank of the Missouri River a distance of 635.51 feet to a point; thence north 18 degrees, 50 minutes west along said high bank of the Missouri River a distance of 408.21 feet to a point; thence west 497.90 feet to the place of beginning, all in Nemaha County, Nebraska, containing 17.20 acres, more or less, plus all accretions thereto; and

(2) Commencing at the southeast corner of Block 1 in the Original Town of Brownville, Nebraska, running east parallel to the center line of Main Street a distance of 237.1 feet to a point, said point being 90 feet east of the center line of the C.B. & Q. R.R. track; thence south 6 degrees, 26 minutes east, parallel to the C.B. & Q. R.R. track, a distance of 100 feet to a point; thence south 7 degrees, 11 minutes east, parallel to the C.B. & Q. R.R. track, a distance of 100 feet to a point; thence south 7 degrees, 24 minutes east, parallel to the C.B. & Q. R.R. track, a distance of 100 feet to a point; thence south 7 degrees, 16 minutes east, parallel to the C.B. & Q. R.R. track, a distance of 100 feet to a point; thence south 7 degrees, 12 minutes east, parallel to the C.B. & Q. R.R. track, a distance of 100 feet to a point; thence south 6 degrees, 35 minutes east, parallel to the C.B. & Q. R.R. track, a distance of 100 feet to a point; thence south 5 degrees, 00 minutes east, parallel to the C.B. & Q. R.R. track, a distance of 100 feet to a point; thence south 3 degrees, 58 minutes east, parallel to the C.B. & Q. R.R. track, a distance of 100 feet to a point; thence south 2 degrees, 26 minutes east, parallel to the C.B. & Q. R.R. track, a distance of 100 feet to a point; thence south 1 degree, 11 minutes east, parallel to the C.B. & Q. R.R. track, a distance of 100 feet to a point; thence south 0 degrees, 03 minutes east, parallel to the C.B. & Q. R.R. track, a distance of 100 feet to a point; thence south 0 degrees, 42 minutes west, parallel to the C.B. & Q. R.R. track, a distance of 60.3 feet to a point, said point being 90 feet east of the center line of the C.B. & Q. R.R. track, being the place of beginning; thence south 2 degrees, 04 minutes east, parallel to the C.B. & Q. R.R. track, a distance of 52.5 feet to a point; thence south 4 degrees, 46 minutes west, parallel to the C.B. & Q. R.R. track, a distance of 100 feet to a point; thence south 9 degrees, 48 minutes west, parallel to the C.B. & Q. R.R. track, a distance of 46.4 feet to a point; said point being 90 feet east of the center line of the C.B. & Q. R.R. track and on the section line between sections 18 and 19, township 5 north, range 16 east of the 6th principal meridian; thence north 88 degrees, 42 minutes east along the section line between sections 18 and 19, township 5 north, range 16 east, a distance of 906.9 feet to the corners of sections 17, 18, 19, and 20, township 5 north, range 16 east; thence continuing north 88 degrees, 42 minutes east along the section line between sections 17 and 20, township 5 north, range 16 east, a distance of 449.4 feet to a point on the right high bank of the Missouri River; thence north 34 degrees, 17 minutes west along said right high bank of the said Missouri River, a distance of 202.41 feet to a point; thence west a distance of 1,224.44 feet to the place of beginning, containing 5.41 acres, more or less, all in Nemaha County, Nebraska, plus all accretions thereto.

The above described tract being immediately south of the tract described and recorded in Book number 79, page 398 of the Deed records of Nemaha County, Nebraska.

Source:Laws 2011, LB621, § 1.    


90-277. Property conveyed to Brownville; management.

Property conveyed by the Game and Parks Commission pursuant to section 90-276 is conveyed with the intent that the property continue to be managed for public access and for public outdoor recreation opportunities, in a safe and sanitary manner, and in compliance with all relevant provisions and responsibilities outlined within prior covenants, easements, and agreements hereby transferred, including continued maintenance of the federally funded public boating access facilities existing on the property, which is specifically assigned through 2013.

Source:Laws 2011, LB621, § 2.    


90-278. Game and Parks Commission; convey property to county of Chase.

(1) The Game and Parks Commission is authorized to convey to the county of Chase for public purposes the following described real estate, now known as Champion Mill State Historical Park, situated in the county of Chase, in the State of Nebraska, to wit: All of block 4, original town of Champion, Nebraska, and lots 1, 2, and 3, lot 4 except beginning at the southwest corner of lot 4 in block 5 of the original town of Champion, Nebraska, said point of beginning being at the point of intersection of the north property line of Second Street and the east line of the alley in said block 5; thence running north along the west line of said lot 4 a distance of 70 feet; thence running east 75 feet parallel with the south line of said lot 4; thence south parallel with the west line of lot 4 a distance of 70 feet to intersect the south line of said lot 4; thence west along the south line of said lot 4 a distance of 75 feet to the place of beginning, the north half of lot 9, and all of lots 10, 11, 12, and 13, all in block 5, original town of Champion, Nebraska.

(2) The Game and Parks Commission is authorized to convey to the county of Chase for public purposes the following described real estate, now known as Champion Lake State Recreation Area, situated in the county of Chase, in the State of Nebraska, to wit:

(a) The following described portion of the southwest quarter of section 21, township 6 north, range 39 west of the 6th principal meridian in Chase County, Nebraska, to wit: Beginning at the northeast corner of said quarter section; thence west on the north line of said quarter section 1,017 feet to a stone; thence southeasterly 992 feet in a straight line to a point on the west line of the west side of block 23, West Champion, which is 102.5 feet south of the northwest corner of said block 23; thence north 102.5 feet to the northwest corner of said block 23, in West Champion; thence east along the north side of said block 23 and along a line which is the north side of said block 23 produced eastward to the east line of said quarter section; thence north along the east line of said quarter section 644 feet to the northeast corner of said quarter section; and

(b) The following described property, same being a part of the northwest quarter of the southeast quarter of section 21, township 6 north, range 39 west of the 6th principal meridian in Chase County, Nebraska, to wit: Beginning at the northwest corner of the southeast quarter of section 21, township 6 north, range 39 west of the 6th principal meridian in Chase County, Nebraska, and running thence east 1,080 feet; thence south 100 feet to the north line of Fourth Street of the original town of Champion, Nebraska; thence west along the said north line of Fourth Street aforesaid 1,080 feet; thence north 100 feet to the place of beginning, said land being also described as Lots 3, 4, 5, 6, 7, 8, 9, 10, and 11, Champion subdivision of the northwest quarter of the southeast quarter of section 21, township 6 north, range 39 west of the 6th principal meridian in Chase County, Nebraska.

(3) Title to the property described in subsections (1) and (2) of this section shall remain with Chase County unless (a) Chase County ceases to operate the property as a public park and recreation area or (b) a financial need arises pertaining to the park that is detrimental to the county. In either case title to such property shall revert to the Game and Parks Commission.

Source:Laws 2012, LB739, § 1;    Laws 2013, LB16, § 1.    


90-279. Game and Parks Commission; convey property to Lower Loup Natural Resources District.

The Game and Parks Commission is authorized to convey to the Lower Loup Natural Resources District for public purposes the following described real estate, now known as Pibel Lake State Recreation Area, situated in the county of Wheeler, in the State of Nebraska, to wit: A tract of land in the southeast quarter of section 25, township 21 north, range 11 west of the 6th principal meridian, Wheeler County, Nebraska, more fully described as follows: Commencing at the southeast corner of section 25, township 21 north, range 11 west of the 6th principal meridian, (the east side of said section having an assumed bearing of north 0 degrees, 00 minutes east and the south side of said section an assumed bearing of south 89 degrees, 25 minutes west); thence south 89 degrees, 25 minutes west a distance of 440 feet to the point of beginning; thence south 89 degrees, 25 minutes west a distance of 1409.85 feet; thence north 0 degrees, 53 minutes east a distance of 890.25 feet; thence north 89 degrees, 25 minutes east a distance of 396 feet; thence north 0 degrees, 00 minutes east a distance of 160 feet; thence north 89 degrees, 25 minutes east a distance of 160 feet; thence north 0 degrees, 00 minutes east a distance of 930 feet; thence south 89 degrees, 25 minutes west a distance of 480 feet; thence north 9 degrees, 18 minutes west a distance of 367.51 feet; thence south 79 degrees, 13 minutes east a distance of 1017.65 feet; thence south 42 degrees, 54 minutes east a distance of 220 feet; thence south 17 degrees, 13 minutes east a distance of 580.15 feet; thence south 0 degrees, 58 minutes west a distance of 586.0 feet; thence south 37 degrees, 44 minutes east a distance of 111.0 feet; thence south 0 degrees, 00 minutes west a distance of 750 feet to the point of beginning; excepting lots 49, 50, 77 and 78 in the plat of Pibel Lake, a total of 53.4 acres.

Source:Laws 2012, LB849, § 1.    


90-280. Property conveyed to Lower Loup Natural Resources District; operation and maintenance.

(1) Property conveyed by the Game and Parks Commission pursuant to section 90-279 shall be operated and maintained as follows:

(a) The property shall be maintained so as to appear attractive and inviting to the public;

(b) Sanitation and sanitary facilities shall be maintained in accordance with applicable health standards;

(c) The property shall be kept reasonably open, accessible, and safe for public use. Fire prevention and similar activities shall be maintained for proper public safety;

(d) Buildings, roads, trails, and other structures and improvements shall be kept in reasonable repair throughout their estimated lifetime to prevent undue deterioration and to encourage public use, including the maintenance of the area's federally funded public boating access facilities existing on the property, which is specially assigned and required through 2024; and

(e) The facility shall be kept open for public use at reasonable hours and times of the year, according to the type of area or facility.

(2) The Lower Loup Natural Resources District shall be responsible for compliance and enforcement of the requirements set forth in subsection (1) of this section.

Source:Laws 2012, LB849, § 2.    


90-301. Act, how cited.

Sections 90-301 to 90-309 shall be known and may be cited as the Nebraska State Capitol Environs Act.

Source:Laws 1977, LB 172, § 1; Laws 1988, LB 962, § 1; Laws 1993, LB 271, § 1.


90-302. Legislative intent.

The Legislature hereby finds that the Nebraska State Capitol and its environs are a source of pride and inspiration to the citizens of the state. It recognizes that the State Capitol, designated as a National Historic Landmark and regarded as one of the architectural masterpieces in the world, owes a major part of its recognition, esteem, and value to the inspiring manner in which its high tower physically dominates neighboring buildings and to the fact that it serves as a prominent landmark and focal point for inspiring vistas in the capital city of the state and for many miles beyond. The Legislature further finds that the preservation of the dominant height of the State Capitol in relation to surrounding structures should be a concern not only for the citizens of the city of Lincoln but for all of the citizens of the state, for the State Capitol is a financial, cultural, and aesthetic investment and resource of the entire citizenry. The Legislature further finds that the structures and improvements in the State Capitol environs directly affect the ability of citizens to enjoy the historical, cultural, and aesthetic treasure they have in their State Capitol. Therefor, the Legislature declares and explains its intention to reclaim certain regulatory powers that it has delegated to municipalities, in this case to the city of Lincoln, by directly imposing maximum height restrictions in the State Capitol environs. The Legislature implements these restrictions for the benefit of all the citizens of Nebraska with the further explanation that the maximum height restrictions being required by section 90-303 are those which were in effect at the time this legislation was introduced, that the value of real estate in the State Capitol environs has been increased substantially by the proximity of such real estate to the State Capitol and by the investment of state resources in the construction, maintenance, and protection of the State Capitol, that the value of such real estate will undoubtedly continue to increase because of state maintenance and protection of the State Capitol despite, and in part because of, the height restrictions imposed by the city of Lincoln or such section, and that the involvement of the State of Nebraska in the regulation of structure height in the State Capitol environs through such section, in conjunction with the regulatory power of the city of Lincoln, will inject a greater degree of stability in the governmental process for regulating heights in the State Capitol environs, which will in turn benefit all Nebraska citizens. The Legislature further declares its intention to exercise certain regulatory powers for the benefit of the citizens of Nebraska by delegating to the city of Lincoln the authority to review and approve or disapprove plans and proposals for demolition, exterior alteration, and construction of structures and other improvements in the Nebraska State Capitol Environs District.

Source:Laws 1977, LB 172, § 2; Laws 1993, LB 271, § 2.


90-303. Nebraska State Capitol Environs District; maximum height restrictions; enforcement; exemptions; city of Lincoln; powers and duties.

(1) The maximum height of any buildings and structures built after March 8, 1977, shall be restricted as follows:

(a) The maximum height of buildings and structures shall be forty-five feet or National Geodetic Survey elevation 1235.0 feet, whichever is lower, within an area bounded on the west by Seventeenth Street, on the north by K Street, on the east by a boundary formed by a line extending in a true south direction as an extension of the east property line of Twenty-fourth Street, and on the south by a boundary formed by a line extending directly in a true east direction to the east property line of Twenty-fourth Street from the centerpoint of the intersection of Seventeenth and H Streets, all streets in the city of Lincoln, Lancaster County, Nebraska;

(b) The maximum height of buildings and structures shall be forty-five feet or National Geodetic Survey elevation 1235.0 feet, whichever is lower, within an area bounded on the west by Fourteenth Street, on the north by G Street, on the east by Sixteenth Street, and on the south by Washington Street, all streets in the city of Lincoln, Lancaster County, Nebraska;

(c) The maximum height of the buildings and structures shall be fifty-seven feet or National Geodetic Survey elevation 1247.0 feet, whichever is lower, within an area bounded on the west by Thirteenth Street, on the north by L Street, on the east by Seventeenth Street, and on the south by G Street, all streets in the city of Lincoln, Lancaster County, Nebraska;

(d) The maximum height of the buildings and structures shall be fifty-seven feet or National Geodetic Survey elevation 1247.0 feet, whichever is lower, within an area bounded on the west by Fourteenth Street, on the north by S Street, on the east by Sixteenth Street, and on the south by L Street, all streets in the city of Lincoln, Lancaster County, Nebraska; and

(e) The maximum height of the buildings and structures shall be fifty-seven feet or National Geodetic Survey elevation 1247.0 feet, whichever is lower, within an area bounded on the west by Fifth Street, on the north by K Street, on the east by Thirteenth Street, and on the south by H Street, all streets in the city of Lincoln, Lancaster County, Nebraska.

(2) For the purposes of the Nebraska State Capitol Environs Act, the areas and the full width of the right-of-way boundary streets described in subsections (1) and (3) of this section shall together constitute and be defined as the Nebraska State Capitol Environs District.

(3) Design approval shall be required for all aboveground utility, construction, and landscape improvements in the public right-of-way bounded on the north and south by the property lines of J Street, on the west by a boundary formed by a line extending in a true south direction as an extension of the east property line of Twenty-fourth Street, and on the east by a line extending in a true north direction as an extension of the east property line of Thirty-fifth Street.

(4) The city of Lincoln shall insure, through its inspection and permit procedures, that the maximum height restrictions and design review process prescribed by this section for the Nebraska State Capitol Environs District are enforced.

(5) The height restrictions and design review process required by this section shall apply, within the Nebraska State Capitol Environs District, to all real estate in private or quasi-public ownership and to real estate owned by the State of Nebraska and local governmental units of all types.

(6) The following appurtenances shall be exempt from the height restrictions required by this section, but such appurtenances shall not exceed twenty feet in height above the maximum height permitted in subsection (1) of this section and shall be set back a minimum of fifteen feet from all faces of a building when such faces are adjacent to a street: Church spires, cooling towers with approved screening, elevator bulkheads, fire towers, monuments, stage towers or scenery lofts, ornamental towers, and spires.

(7) Nothing in the act shall be construed as limiting the authority of the city of Lincoln to impose lower height restrictions than those maximum height limits established by subsection (1) of this section or in establishing lower height restrictions for appurtenances than those required by subsection (6) of this section.

(8) The city of Lincoln shall review and approve or disapprove plans and proposals for demolition, exterior alteration, and construction of structures and other improvements in the Nebraska State Capitol Environs District. The city of Lincoln shall adopt regulations within its zoning code vesting responsibility for review, approval, and disapproval of projects with the Nebraska State Capitol Environs Commission established by the city of Lincoln.

(9) The regulations of the city of Lincoln for design review in the Nebraska State Capitol Environs District shall emphasize the long-term enhancement of the State Capitol's setting and of enjoyment of the State Capitol by the citizens while respecting the interests of property owners, including economic interests and the desirability of predictable, expeditious review.

Source:Laws 1977, LB 172, § 3; Laws 1993, LB 271, § 3; Laws 2002, LB 729, § 13;    Laws 2009, LB450, § 1.    


90-304. Nebraska State Capitol Environs District; beautification projects; participation; procedure.

(1) The State of Nebraska, acting through the Department of Administrative Services, is hereby empowered to expend appropriations authorized by the Legislature and to otherwise participate fully in the planning, construction, and maintenance of all manner of special lighting, landscaping, decorative walkway, fountain, and any other beautification projects in the Nebraska State Capitol Environs District as an individual governmental entity, or in similar projects which are jointly initiated and financed with the city of Lincoln or the county of Lancaster or both governmental bodies in the Nebraska State Capitol Environs District.

(2) The city of Lincoln and the county of Lancaster are hereby empowered to expend their respective funds to participate singly, with each other, and with the State of Nebraska, in the planning, construction, and maintenance of all manner of special lighting, landscaping, decorative walkway, fountain, and any other beautification projects in the Nebraska State Capitol Environs District. Construction and maintenance projects authorized in this section shall only be implemented on the street and alley rights-of-way in the Nebraska State Capitol Environs District, as such district is defined by subsection (2) of section 90-303, and on real estate within the Nebraska State Capitol Environs District which is owned singly by the State of Nebraska, the city of Lincoln, the county of Lancaster, by these three governmental bodies jointly or by any two of such governmental bodies.

(3) Neither the State of Nebraska, city of Lincoln, or county of Lancaster is authorized to utilize eminent domain powers to accomplish the purposes of sections 90-301 to 90-305; Provided, that nothing in sections 90-301 to 90-305 shall prevent the exercise of eminent domain by any governmental entity so empowered to acquire public rights-of-way; and provided further, that this prohibition shall not be construed as deterring any one of the three governmental bodies from utilizing any existing powers it has on projects it undertakes singly.

Source:Laws 1977, LB 172, § 4.


90-305. Nebraska State Capitol Environs District; beautification projects; financing.

The State of Nebraska, city of Lincoln, and county of Lancaster may share in financing such activities in any proportions which are mutually agreeable on a three-party basis, or in any combination of two parties. Such entities are also, jointly, singly, or in any combination, empowered to enter into contracts and to receive and expend funds from any private sources or public body, including the federal government, for the purposes described in section 90-304. The State of Nebraska, city of Lincoln, or county of Lancaster may act as a financial agent, project manager, and maintenance agency for one or both of the other governmental bodies in implementing the purposes described in section 90-304.

Source:Laws 1977, LB 172, § 5.


90-306. Governor; appoint board or commission members.

The Governor may appoint members to a board or commission which is formed by the city of Lincoln or the county of Lancaster or both governmental bodies to protect and improve the Nebraska State Capitol environs.

Source:Laws 1988, LB 962, § 2.


90-307. Nebraska State Capitol Environs Commission; decision or action; appeal.

Any decision or action of the Nebraska State Capitol Environs Commission may be appealed to the city council of the city of Lincoln by filing an appeal with the city clerk within thirty days of the date of the commission's action, except that governmental units may opt to appeal actions of the commission to the Department of Administrative Services by so indicating at the time of filing the appeal with the city clerk.

Source:Laws 1993, LB 271, § 4.


90-308. City of Lincoln; duties.

Within six months after September 9, 1993, the city of Lincoln shall prepare for preliminary review regulations implementing the design review process in accordance with the Nebraska State Capitol Environs Act and shall adopt such regulations as an amendment to its zoning code within twelve months after September 9, 1993.

Source:Laws 1993, LB 271, § 5.


90-309. Nebraska State Capitol Environs Commission; annual meeting; report.

(1) The Nebraska State Capitol Environs Commission shall meet at least annually with the Nebraska Capitol Commission to discuss and coordinate projects that may impact the capitol and its surrounding environs pursuant to section 81-1108.38.

(2) The Nebraska State Capitol Environs Commission shall report each January to the city council and mayor of the city of Lincoln, to the Legislature, and to the Governor. The report submitted to the Legislature shall be submitted electronically. The report shall review the major decisions rendered during the preceding year and outline the rationale for the decisions. The report may also survey the status of the Nebraska State Capitol Environs District and make recommendations for its enhancement and protection.

Source:Laws 1993, LB 271, § 6; Laws 1999, LB 297, § 3;    Laws 2012, LB782, § 249.    


90-401. Game and Parks Commission; Red Willow and Strunk Lake State Recreation Areas; construct campgrounds and other recreation developments.

The Game and Parks Commission is hereby authorized to construct campgrounds and other recreation developments at Red Willow State Recreation Area and Strunk Lake State Recreation Area pursuant to the 1978 Strunk Lake State Recreation Area and Red Willow State Recreation Area Development Program prepared by such commission.

Source:Laws 1978, LB 108, § 1.


90-402. Game and Parks Commission; Rock Creek Fish Hatchery; modernize.

The Game and Parks Commission is hereby authorized to modernize the Rock Creek Fish Hatchery pursuant to the 1974 Study of the Nebraska State Fish Hatchery System and Addendums prepared by such commission.

Source:Laws 1978, LB 586, § 1.


90-403. Eugene T. Mahoney State Park.

The land acquired by the Game and Parks Commission located in township 12 north, range 10 east of the sixth principal meridian, Cass County, is hereby named the Eugene T. Mahoney State Park.

Source:Laws 1985, LB 606A, § 1.


90-404. Game and Parks Commission; additions to Arbor Lodge State Historical Park; purchase of property in the city of Bassett.

(1) The Game and Parks Commission may enter into an agreement to accept as a gift from the Nebraska Game and Parks Foundation all of the real estate described as Lot 1 in the northwest quarter of the northwest quarter of section 8, township 8 north, range 14 east, Otoe County, Nebraska, except that part of Lot 1, commencing at the northwest corner of Lot 1, thence east 265 feet, thence south 462 feet, thence west 265 feet to a point on the west line of Lot 1, thence north 462 feet to the place of beginning, also described as the east 678.14 feet of Lot 1, all located in Otoe County, Nebraska, containing 7.1 acres more or less and including all gas, oil, and mineral rights.

(2) The Game and Parks Commission may enter into an agreement to accept as a gift from the United States Government all of the real estate described as a tract of land situated in the southwest quarter of section 8, township 8 north, range 14 east of the 6th principal meridian, Otoe County, Nebraska, more particularly described as follows: Commencing at the northeast corner of said southwest quarter of section 8; thence west 990.00 feet; thence south to a point that intersects the north right-of-way line of State Highway No. 2, said intersection being the point of beginning; thence easterly along said north right-of-way line of State Highway No. 2, for a distance of 200 feet; thence north 400 feet; thence west 200 feet; thence south to the point of beginning, all located in Otoe County, Nebraska, containing 1.84 acres, more or less, or 80,000 square feet.

(3) In consideration of such conveyances, the commission agrees that the land shall be designated and utilized as additions to Arbor Lodge State Historical Park.

(4) The Game and Parks Commission may purchase from a willing seller, when funds on hand are sufficient, or acquire by gift, devise, or otherwise title in the name of the State of Nebraska to property within Block 27, Pierce's Addition, and adjacent previous railroad right-of-way, all located within the city of Bassett, Nebraska.

Source:Laws 1993, LB 235, § 47; Laws 2000, LB 1410, § 3;    Laws 2006, LB 792, § 1.    


90-405. Repealed. Laws 2000, LB 1135, § 34.

90-501. Repealed. Laws 2013, LB 2, § 1.

90-502. Repealed. Laws 2013, LB 2, § 1.

90-503. Repealed. Laws 2013, LB 2, § 1.

90-504. Repealed. Laws 2013, LB 2, § 1.

90-505. Repealed. Laws 2009, First Spec. Sess., LB 2, § 9.

90-506. Repealed. Laws 2013, LB 2, § 1.

90-507. Repealed. Laws 2013, LB 2, § 1.

90-508. Repealed. Laws 2013, LB 2, § 1.

90-509. Repealed. Laws 2013, LB 2, § 1.

90-510. Repealed. Laws 2013, LB 2, § 1.

90-511. Repealed. Laws 2013, LB 2, § 1.

90-512. Repealed. Laws 2013, LB 2, § 1.

90-513. Repealed. Laws 2013, LB 2, § 1.

90-514. Repealed. Laws 2013, LB 2, § 1.

90-515. Repealed. Laws 2013, LB 2, § 1.

90-516. Repealed. Laws 2013, LB 2, § 1.

90-517. State aid for community college areas.

(1) Notwithstanding any other provision of law, state aid for each community college area for fiscal year 2010-11 shall equal:

(a) For the Central Community College Area, $8,289,499;

(b) For the Metropolitan Community College Area, $18,389,499;

(c) For the Mid-Plains Community College Area, $8,251,373;

(d) For the Northeast Community College Area, $12,784,454, including $38,815 for Nebraska Indian Community College and $13,120 for Little Priest Tribal College;

(e) For the Southeast Community College Area, $27,133,220; and

(f) For the Western Community College Area, $11,909,980.

(2) Notwithstanding any other provision of law, state aid for each community college area for fiscal years 2011-12 and 2012-13 shall equal the amount of state aid appropriated by the Legislature for the respective fiscal year multiplied by the following percentage for each community college area:

(a) For the Central Community College Area, eight and eighty-six hundredths percent;

(b) For the Metropolitan Community College Area, twenty-six and fifty-one hundredths percent;

(c) For the Mid-Plains Community College Area, nine and five-hundredths percent;

(d) For the Northeast Community College Area, fourteen and four-hundredths percent. Of such amount provided for the Northeast Community College Area, one-tenth of one percent shall be provided for Nebraska Indian Community College and two-tenths of one percent for Little Priest Tribal College;

(e) For the Southeast Community College Area, twenty-eight and twenty-seven hundredths percent; and

(f) For the Western Community College Area, thirteen and twenty-seven hundredths percent.

(3) The Department of Administrative Services shall distribute the amounts provided in subsection (1) or (2) of this section for the respective fiscal year to each community college area in ten as nearly as possible equal monthly payments between the fifth and the twentieth day of each month beginning in September of each year.

Source:Laws 2010, LB1072, § 10;    Laws 2011, LB59, § 8;    Laws 2012, LB946, § 24.    


90-518. Repealed. Laws 2013, LB 2, § 1.

90-519. Repealed. Laws 2013, LB 2, § 1.

90-520. Repealed. Laws 2013, LB 2, § 1.

90-521. Repealed. Laws 1999, LB 12, § 1.

90-522. Repealed. Laws 1999, LB 12, § 1.

90-523. Repealed. Laws 1999, LB 12, § 1.

90-524. Repealed. Laws 1999, LB 12, § 1.

90-525. Repealed. Laws 1999, LB 12, § 1.

90-526. Repealed. Laws 2013, LB 2, § 1.

90-527. Repealed. Laws 2005, LB 90, § 21.

90-528. Repealed. Laws 2007, LB 2, § 1.

90-529. Repealed. Laws 2007, LB 2, § 1.

90-530. Repealed. Laws 2007, LB 2, § 1.

90-531. Repealed. Laws 2013, LB 2, § 1.

90-532. Repealed. Laws 2013, LB 2, § 1.

90-533. Repealed. Laws 2013, LB 2, § 1.

90-534. Repealed. Laws 2013, LB 2, § 1.

90-535. Department of Health and Human Services; Public Assistance.

AGENCY NO. 25 — DEPARTMENT OF HEALTH AND HUMAN SERVICES

Program No. 347 - Public Assistance

FY2011-12 FY2012-13
GENERAL FUND 266,818,578 108,524,785
CASH FUND 6,044,444 3,310,000
FEDERAL FUND est. 141,003,570 103,663,429
PROGRAM TOTAL 413,866,592 215,498,214

There is included in the appropriation to this program for FY2011-12 $266,818,578 General Funds, $6,044,444 Cash Funds, and $141,003,570 Federal Funds estimate for state aid, which shall only be used for such purpose. There is included in the appropriation to this program for FY2012-13 $108,524,785 General Funds, $3,310,000 Cash Funds, and $103,663,429 Federal Funds estimate for state aid, which shall only be used for such purpose.

There is included in the appropriation to this program for FY2011-12 $810,000 Cash Funds from the Nebraska Health Care Cash Fund for state aid to aid in carrying out the Nebraska Lifespan Respite Services Program and to provide payment to caregivers to purchase services under the respite subsidy program. There is included in the appropriation to this program for FY2012-13 $810,000 Cash Funds from the Nebraska Health Care Cash Fund for state aid to aid in carrying out the Nebraska Lifespan Respite Services Program and to provide payment to caregivers to purchase services under the respite subsidy program.

There is included in the appropriation to this program for FY2011-12 $2,734,444 Cash Funds from the Nebraska Health Care Cash Fund for state aid for the continuation of the behavioral health provider rate increase.

If Legislative Bill 985A, One Hundred Second Legislature, Second Session, 2012, becomes law, the reduction to the FY2012-13 General Fund appropriation to Program 347 contained in Legislative Bill 985A, One Hundred Second Legislature, Second Session, 2012, shall not be made in Program 347 but shall be reduced from Program 354.

If Legislative Bill 993A, One Hundred Second Legislature, Second Session, 2012, becomes law, the FY2012-13 and FY2013-14 General Fund appropriations to Program 347 contained in Legislative Bill 993A, One Hundred Second Legislature, Second Session, 2012, shall be transferred to Program 354 and are hereby appropriated.

If Legislative Bill 820A, One Hundred Second Legislature, Second Session, 2012, becomes law, the FY2012-13 and FY2013-14 General Fund appropriations to Program 347 contained in Legislative Bill 820A, One Hundred Second Legislature, Second Session, 2012, shall be transferred to Program 354 and are hereby appropriated.

If the home visitation program earmark contained in section 47, Legislative Bill 968, One Hundred Second Legislature, Second Session, 2012, becomes law, the earmark shall transfer to Program 354.

There is included in the appropriation to this program for FY2011-12 $500,000 General Funds for home visitation programs. There is included in the appropriation to this program for FY2012-13 $750,000 General Funds for an increase for home visitation programs receiving funds in FY2011-12.

Source:Laws 2012, LB949A, § 2;    Laws 2012, LB968, § 47;    Laws 2012, LB985A, § 5.    


90-536. Department of Correctional Services; Operations.

AGENCY NO. 46 — DEPARTMENT OF CORRECTIONAL SERVICES

Program No. 200 - Operations

FY2011-12 FY2012-13
GENERAL FUND 156,031,016 159,445,668
CASH FUND 1,741,500 1,741,500
FEDERAL FUND est. 1,732,408 1,719,187
REVOLVING FUND est. 18,229,738 18,192,892
PROGRAM TOTAL 177,734,662 181,099,247
SALARY LIMIT 89,564,114 91,383,014

The unexpended General Fund and Cash Fund appropriation balances existing on June 30, 2011, are hereby reappropriated.

Included in the salary limitations provided by this section is $3,441,193 for FY2011-12 and $3,441,193 for FY2012-13 for Revolving Fund salaries for program classifications 390 and 563, that shall not be limited to the amounts shown.

The Department of Administrative Services shall monitor the appropriations and expenditures for this program according to the following program classifications:

No. 260 - Nebraska Correctional Youth Facility

No. 300 - Tecumseh Correctional Center

No. 368 - Lincoln Community Corrections Center

No. 369 - Omaha Community Corrections Center

No. 370 - Central Office

No. 372 - Nebraska State Penitentiary

No. 373 - Nebraska Center for Women - York

No. 375 - Diagnostic and Evaluation Center

No. 376 - Lincoln Correctional Center

No. 377 - Omaha Correctional Center

No. 386 - McCook Incarceration Work Camp

No. 389 - Adult Parole Administration

No. 390 - Federal Surplus Property

No. 495 - Department Central Warehouse

No. 563 - Correctional Industries

Revolving Fund expenditures shall not be limited to the amounts shown.

It is intended that the Department of Correctional Services shall maintain a Department Contingency Fund and a Department Equipment Fund.

Source:Laws 2012, LB599A, § 3;    Laws 2012, LB793A, § 1;    Laws 2013, LB194, § 187.    


90-537. Department of Economic Development; Tourism Promotion.

AGENCY NO. 72 — DEPARTMENT OF ECONOMIC DEVELOPMENT

Program No. 618 - Tourism Promotion

FY2011-12 FY2012-13
GENERAL FUND 250,000 -0-
CASH FUND 4,214,556 -0-
FEDERAL FUND est. 959,815 -0-
PROGRAM TOTAL 5,424,371 -0-
SALARY LIMIT 712,821 -0-

The unexpended General Fund appropriation balance existing on June 30, 2011, is hereby reappropriated. The unexpended General, Cash, and Federal Fund appropriation balances existing on June 30, 2012, are hereby reappropriated to Agency 91, Program 618.

There is included in the appropriation to this program for FY2011-12 $102,600 Cash Funds for state aid, which shall only be used for such purpose. There is included in the appropriation to this program for FY2012-13 $-0- Cash Funds for state aid, which shall only be used for such purpose.

There is included in the appropriation to this program for FY2011-12 $250,000 General Funds, which shall be used by the Department of Economic Development for advertising, marketing, and promotional efforts for tourism activities and travel destinations. Such promotional activities shall be representative of the statewide tourism economy and targeted toward external markets in an effort to bring outside capital into the state. There is included in the appropriation to this program for FY2012-13 $-0- General Funds, which shall be used by the Department of Economic Development for advertising, marketing, and promotional efforts for tourism activities and travel destinations. Such promotional activities shall be representative of the statewide tourism economy and targeted toward external markets in an effort to bring outside capital into the state.

There is included in the appropriation to this program $250,000 Cash Funds for FY2011-12 to provide funding for promotional and visitor development activities related to the hosting of an Olympic Team Trial event and a United States National Championship event by a city of the metropolitan class.

Source:Laws 2012, LB968, § 61;    Laws 2012, LB1053A, § 1.    


90-538. Cash Funds.

CASH FUNDS.

The receipts for FY2011-12 and FY2012-13 inuring to the several Cash Funds, together with any amounts held in account by the State Treasurer on June 30, 2011, are hereby credited to each of the funds respectively.

Expenditure of Cash Funds appropriated in this act shall be limited to the amount shown by program except when specific exceptions are made. The amounts appropriated in this act include the following funds:

(1) Legislative Council: Nebraska Legislative Shared Information System Cash Fund, Donations/Contributions Cash Fund, Nebraska Health Care Cash Fund;

(2) Supreme Court: Supreme Court Reports Cash Fund, Probation Program Cash Fund, Probation Cash Fund, State Probation Contractual Services Cash Fund, Dispute Resolution Cash Fund, Counsel for Discipline Cash Fund, Supreme Court Education Fund, Supreme Court Automation Cash Fund, Parenting Act Fund;

(3) Governor: Governor's Policy Research Cash Fund;

(4) Secretary of State: Nebraska Collection Agency Fund, Records Management Cash Fund, Secretary of State Administration Cash Fund, Uniform Commercial Code Cash Fund, Corporation Cash Fund, Election Administration Fund;

(5) Auditor of Public Accounts: Cooperative Audit Cash Fund;

(6) Attorney General: Motor Vehicle Fraud Cash Fund, Department of Justice Natural Resources Enforcement Fund, State Settlement Cash Fund, Nebraska Health Care Cash Fund, State DNA Sample and Data Base Fund, State Medicaid Fraud Control Unit Cash Fund;

(7) State Treasurer: State Treasurer Administrative Fund, Unclaimed Property Cash Fund, Mutual Finance Assistance Fund, College Savings Plan Administrative Fund, College Savings Plan Expense Fund, Convention Center Support Fund, State Disbursement Unit Cash Fund, Treasury Management Cash Fund, Sports Arena Facility Support Fund;

(8) State Department of Education: State Department of Education Cash Fund, Certification Fund, Professional Practices Commission Fund, Tax Equity and Educational Opportunities Fund, Education Innovation Fund, School Technology Fund, Tuition Recovery Cash Fund, Private Postsecondary Career Schools Cash Fund, Excellence in Teaching Cash Fund, School District Reorganization Fund;

(9) Public Service Commission: Nebraska Grain Warehouse Surveillance Cash Fund, Nebraska Telecommunications Relay System Fund, Public Service Commission Housing and Recreational Vehicle Cash Fund, Nebraska Telecommunications Universal Service Fund, Nebraska Internet Enhancement Fund, Nebraska Competitive Telephone Marketplace Fund, Enhanced Wireless 911 Fund, Moisture Testing Examination Fund, Grain Warehouse Auditing Fund, Municipal Rate Negotiations Revolving Loan Fund, Public Service Commission Pipeline Regulation Fund;

(10) Department of Revenue: Department of Revenue Enforcement Fund, State Lottery Operation Cash Fund, Marijuana and Controlled Substances Tax Administration Cash Fund, Department of Revenue Contractor Enforcement Fund, Waste Reduction and Recycling Incentive Fees Collection Fund, Petroleum Release Remedial Action Collection Fund, Litter Fee Collection Fund, Severance Tax Administration Fund, Department of Revenue Miscellaneous Receipts Fund, Charitable Gaming Operations Fund, Tobacco Products Administration Cash Fund, Nebraska Incentives Fund, Motor Fuel Tax Enforcement and Collection Cash Fund, Nebraska Health Care Cash Fund, State Athletic Commissioner's Cash Fund, Department of Revenue Property Assessment Division Cash Fund, Property Tax Credit Cash Fund, Energy Conservation Improvement Fund, Nebraska Advantage Transformational Tourism and Redevelopment Act Cash Fund;

(11) Department of Aeronautics: Department of Aeronautics Cash Fund;

(12) Department of Agriculture: Fertilizers and Soil Conditioners Administrative Fund, Commercial Feed Administration Cash Fund, Pure Milk Cash Fund, Soil and Plant Analysis Laboratory Cash Fund, Livestock Auction Market Fund, Nebraska Potato Development Fund, Graded Egg Fund, Weights and Measures Administrative Fund, Nebraska Poultry and Egg Development, Utilization, and Marketing Fund, Agricultural Products Marketing Information Cash Fund, Manufacturing Milk Cash Fund, Pure Food Cash Fund, Nebraska Agricultural Products Marketing Cash Fund, State Apiary Cash Fund, Pseudorabies Control Cash Fund, Weed Book Cash Fund, Pesticide Administrative Cash Fund, Nebraska Seed Administrative Cash Fund, Plant Protection and Plant Pest Cash Fund, Tractor Permit Cash Fund, Nebraska Origin and Premium Quality Grain Cash Fund, Animal Damage Control Cash Fund, Noxious Weed Cash Fund, Buffer Strip Incentive Fund, Winery and Grape Producers Promotional Fund, Commercial Dog and Cat Operator Inspection Program Cash Fund, Domesticated Cervine Animal Cash Fund, Anthrax Control Act Cash Fund;

(13) Department of Banking and Finance: Financial Institution Assessment Cash Fund, Securities Act Cash Fund, Banking Settlement Cash Fund;

(14) State Fire Marshal: Nebraska Natural Gas Pipeline Safety Cash Fund, State Fire Marshal Cash Fund, Underground Storage Tank Fund, Training Division Cash Fund, Reduced Cigarette Ignition Propensity Fund;

(15) Department of Insurance: Department of Insurance Cash Fund;

(16) Department of Labor: Employment Security Special Contingent Fund, Farm Labor Contractors Fund, Contractor Registration Cash Fund, Boiler Inspection Cash Fund, Mechanical Safety Inspection Fund, Professional Employer Organization Cash Fund;

(17) Department of Motor Vehicles: Motor Carrier Division Cash Fund, Department of Motor Vehicles Cash Fund, License Plate Cash Fund, Motorcycle Safety Education Fund;

(18) Department of Health and Human Services: Health and Human Services Cash Fund, Veterans' Home Building Fund, Institution Cash Fund, Small Business Enterprises Cash Fund, School District Reimbursement Fund, Compulsive Gamblers Assistance Fund, Nebraska Child Abuse Prevention Fund, Nebraska Health Care Cash Fund, Children's Health Insurance Cash Fund, Childhood Care Cash Fund, University of Nebraska Medical Center Medical Education Revolving Fund, Behavioral Health Services Fund, Health and Human Services Reimbursement Fund, Professional and Occupational Credentialing Cash Fund, Rural Health Professional Incentive Fund, Organ and Tissue Donor Awareness and Education Fund, Tobacco Prevention and Control Cash Fund, Stem Cell Research Cash Fund;

(19) Department of Roads: Highway Cash Fund, Grade Crossing Protection Fund, State Recreation Road Fund, Roads Operations Cash Fund, Midwest Interstate Passenger Rail Compact Cash Fund, Light-Density Rail Line Assistance Cash Fund;

(20) Department of Veterans' Affairs: Veteran Cemetery Construction Fund, Nebraska Veteran Cemetery System Operation Fund;

(21) Department of Natural Resources: Water Resources Cash Fund, Republican River Basin Water Sustainability Task Force Cash Fund, Small Watersheds Flood Control Fund, Nebraska Resources Development Fund, Nebraska Soil and Water Conservation Fund, Natural Resources Water Quality Fund, Water Well Decommissioning Fund, Carbon Sequestration Assessment Cash Fund, Water Resources Trust Fund, Department of Natural Resources Cash Fund;

(22) State Electrical Board: Electrical Division Fund;

(23) Military Department: Military Department Cash Fund, Governor's Emergency Cash Fund, Nebraska Emergency Management Agency Cash Fund, Nebraska Emergency Planning and Community Right to Know Cash Fund, Joint Operations Center Cash Fund;

(24) Board of Educational Lands and Funds: Surveyors' Cash Fund, Board of Educational Lands and Funds Cash Fund, Survey Record Repository Fund;

(25) Game and Parks Commission: State Game Fund, State Park Cash Revolving Fund, Nebraska Habitat Fund, Nebraska Aquatic Habitat Fund, Nebraska Snowmobile Trail Cash Fund, Nebraska Outdoor Recreation Development Cash Fund, Wildlife Conservation Fund, Nebraska Environmental Trust Fund, Cowboy Trail Fund, Game Law Investigation Cash Fund, Niobrara Council Fund, Nebraska Environmental Endowment Fund, Ferguson House Fund;

(26) Nebraska Library Commission: Nebraska Library Commission Cash Fund;

(27) Nebraska Liquor Control Commission: Nebraska Liquor Control Commission Rule and Regulation Cash Fund;

(28) State Racing Commission: Racing Commission's Cash Fund, Track Distribution Fund;

(29) Nebraska Workers' Compensation Court: Compensation Court Cash Fund;

(30) Nebraska Brand Committee: Nebraska Brand Inspection and Theft Prevention Fund;

(31) Nebraska Motor Vehicle Industry Licensing Board: Nebraska Motor Vehicle Industry Licensing Fund;

(32) State Real Estate Commission: State Real Estate Commission's Fund;

(33) Board of Barber Examiners: Board of Barber Examiners Fund;

(34) Department of Correctional Services: Department of Correctional Services Facility Cash Fund, Parole Program Cash Fund, Reentry Cash Fund;

(35) Nebraska Educational Telecommunications Commission: State Educational Telecommunications Fund, NEB*SAT Cash Fund;

(36) Coordinating Commission for Postsecondary Education: Coordinating Commission for Postsecondary Education Cash Fund, Nebraska Opportunity Grant Fund;

(37) Nebraska State Colleges: Chadron Cash Fund, Peru Cash Fund, Wayne Cash Fund, Chadron State College Designated Cash Fund, Peru State College Designated Cash Fund, Wayne State College Designated Cash Fund, Board of Trustees Cash Fund;

(38) University of Nebraska: University Cash Fund, Temporary University Fund, University of Nebraska at Omaha Cash Fund, University of Nebraska Medical Center Cash Fund, University of Nebraska at Kearney Cash Fund, University of Nebraska Central Administration Designated Cash Fund, University of Nebraska-Lincoln Designated Cash Fund, University of Nebraska at Omaha Designated Cash Fund, University of Nebraska Medical Center Designated Cash Fund, University of Nebraska at Kearney Designated Cash Fund;

(39) Nebraska State Fair Board: Antique Farm Machinery and Equipment Fund;

(40) Real Property Appraiser Board: Real Property Appraiser Fund;

(41) Nebraska State Historical Society: Historical Society Fund, Historical Landmark Cash Fund;

(42) Nebraska Wheat Development, Utilization, and Marketing Board: Nebraska Wheat Development, Utilization, and Marketing Fund;

(43) Nebraska Oil and Gas Conservation Commission: Oil and Gas Conservation Fund;

(44) Board of Engineers and Architects: Engineers and Architects Regulation Fund;

(45) Board of Geologists: Geologists Regulation Fund;

(46) Nebraska Ethanol Board: Agricultural Alcohol Fuel Tax Fund, Ethanol Production Incentive Cash Fund;

(47) Nebraska Dairy Industry Development Board: Nebraska Dairy Industry Development Fund;

(48) State Board of Examiners for Land Surveyors: Land Surveyor Examiner's Fund;

(49) Nebraska State Board of Public Accountancy: Certified Public Accountants Fund;

(50) Nebraska State Patrol: Nebraska State Patrol Cash Fund, Investigation Petty Cash Fund, Carrier Enforcement Cash Fund, Nebraska State Patrol Drug Control and Education Cash Fund, Public Safety Cash Fund, Nebraska State Patrol Vehicle Replacement Cash Fund, Nebraska Public Safety Communication System Cash Fund;

(51) Department of Administrative Services: Building Renewal Allocation Fund, State Building Renewal Assessment Fund, University Building Renewal Assessment Fund, State College Building Renewal Assessment Fund, Capitol Restoration Cash Fund, Vacant Building and Excess Land Cash Fund, Resource Recovery Fund, Tort Claims Fund, Information Technology Infrastructure Fund, Health and Life Benefit Administration Cash Fund, City of the Primary Class Development Fund, City of the Metropolitan Class Development Fund, World Day on the Mall Cash Fund;

(52) Abstracters Board of Examiners: Abstracters Board of Examiners Cash Fund;

(53) Commission on Latino-Americans: Hispanic Awareness Cash Fund, Commission on Latino-Americans Cash Fund;

(54) Nebraska Arts Council: Nebraska Arts Council Cash Fund, Nebraska Arts and Humanities Cash Fund;

(55) State Foster Care Review Board: Foster Care Review Board Cash Fund;

(56) Foster Care Review Office: Foster Care Review Office Cash Fund;

(57) Nebraska Energy Office: School Weatherization Fund, State Energy Office Cash Fund;

(58) Department of Economic Development: Nebraska Agricultural Products Research Fund, Aerospace Museum Cash Fund, Job Training Cash Fund, Administrative Cash Fund, Affordable Housing Trust Fund, Comprehensive Housing Strategy Cash Fund, Economic Development Cash Fund, Civic and Community Center Financing Fund;

(59) State Board of Landscape Architects: State Board of Landscape Architects Cash Fund;

(60) Nebraska Power Review Board: Nebraska Power Review Fund;

(61) Nebraska Investment Council: State Investment Officer's Cash Fund;

(62) Nebraska Commission on Law Enforcement and Criminal Justice: Nebraska Law Enforcement Training Center Cash Fund, Law Enforcement Improvement Fund, Victim's Compensation Fund, Community Corrections Uniform Data Analysis Cash Fund, Violence Prevention Cash Fund, Nebraska Crime Victim Fund;

(63) Commission for the Blind and Visually Impaired: Commission for the Blind and Visually Impaired Cash Fund;

(64) Commission for the Deaf and Hard of Hearing: Commission for the Deaf and Hard of Hearing Fund;

(65) Department of Environmental Quality: Integrated Solid Waste Management Cash Fund, Nebraska Litter Reduction and Recycling Fund, Department of Environmental Quality Cash Fund, Chemigation Costs Fund, Low-Level Radioactive Waste Cash Fund, Petroleum Products and Hazardous Substances Storage and Handling Fund, Petroleum Release Remedial Action Cash Fund, Wastewater Treatment Operator Certification Cash Fund, Local Site Selection Cash Fund, Local Monitoring Committee Cash Fund, Waste Reduction and Recycling Incentive Fund, Wastewater Treatment Facilities Construction Loan Fund, Remedial Action Plan Monitoring Fund, Livestock Waste Management Cash Fund, Drinking Water Administration Fund, Clean Air Title V Cash Fund, Air Quality Permit Cash Fund, Superfund Cost Share Cash Fund, Private Onsite Wastewater Treatment System Certification and Registration Cash Fund, Solid Waste Landfill Closure Assistance Fund;

(66) Public Employees Retirement Board: School Expense Fund, Judges Expense Fund, State Patrol Expense Fund, Deferred Compensation Expense Fund, State Employees Retirement System Expense Fund, County Employees Retirement System Expense Fund, State Employer Retirement Expense Fund, County Employer Retirement Expense Fund, State Cash Balance Expense Fund, County Cash Balance Expense Fund;

(67) Dry Bean Commission: Dry Bean Development, Utilization, Promotion, and Education Fund;

(68) Nebraska Accountability and Disclosure Commission: Nebraska Accountability and Disclosure Commission Cash Fund, Campaign Finance Limitation Cash Fund;

(69) Corn Development, Utilization, and Marketing Board: Nebraska Corn Development, Utilization, and Marketing Fund;

(70) Community College Aid: Nebraska Community College Aid Cash Fund;

(71) Nebraska Tourism Commission: State Visitors Promotion Cash Fund;

(72) Grain Sorghum Development, Utilization, and Marketing Board: Grain Sorghum Development, Utilization, and Marketing Fund;

(73) Tax Equalization and Review Commission: Tax Equalization and Review Commission Cash Fund;

(74) Commission on Public Advocacy: Commission on Public Advocacy Operations Cash Fund, Legal Aid and Services Fund, Civil Legal Services Fund; and

(75) Commission on Indian Affairs: Designated Collection Fund.

Source:Laws 2012, LB968, § 65;    Laws 2012, LB998A, § 2;    Laws 2012, LB1053A, § 2.    


90-539. Department of Health and Human Services; Child Welfare Aid.

AGENCY NO. 25 — DEPARTMENT OF HEALTH AND HUMAN SERVICES

Program No. 354 - Child Welfare Aid

FY2013-14 FY2014-15
GENERAL FUND 156,756,327 136,264,457
CASH FUND 2,734,444 2,734,444
FEDERAL FUND est. 30,763,503 30,106,037
PROGRAM TOTAL 190,254,274 169,104,938

There is included in the appropriation to this program for FY2013-14 $156,756,327 General Funds, $2,734,444 Cash Funds, and $30,763,503 Federal Funds estimate for state aid, which shall only be used for such purpose. There is included in the appropriation to this program for FY2014-15 $136,264,457 General Funds, $2,734,444 Cash Funds, and $30,106,037 Federal Funds estimate for state aid, which shall only be used for such purpose.

There is included in the appropriation to this program for FY2013-14 $2,734,444 Cash Funds from the Nebraska Health Care Cash Fund for state aid for the continuation of the behavioral health provider rate increase. There is included in the appropriation to this program for FY2014-15 $2,734,444 Cash Funds from the Nebraska Health Care Cash Fund for state aid for the continuation of the behavioral health provider rate increase.

Source:Laws 2013, LB195, § 106;    Laws 2013, LB216A, § 1;    Laws 2013, LB561A, § 8;    Laws 2014, LB905, § 80.    


90-540. Appropriations for probation, Department of Correctional Services, legal education, and Consortium for Crime and Justice Research; legislative intent.

It is the intent of the Legislature to appropriate:

(1) To the Office of Probation Administration:

(a) Five million dollars to expand mental health services with priority population being participants in the specialized substance abuse supervision program and problem-solving courts; and

(b) Three million eight hundred thousand dollars for new reporting centers and expanded services;

(2) To the Vocational and Life Skills Program under the Department of Correctional Services, five million dollars to carry out the program;

(3) To the Legal Education for Public Service and Rural Practice Loan Repayment Assistance Fund, five hundred thousand dollars from the General Fund; and

(4) To the Consortium for Crime and Justice Research at the University of Nebraska at Omaha, two hundred thousand dollars to facilitate the establishment of the Nebraska Center for Justice Research at the University of Nebraska at Omaha. The mission of the center shall be to develop and sustain research capacity internal to the State of Nebraska to assist the Legislature in research, evaluation, and policymaking to reduce recidivism, promote the use of evidence-based practices in corrections, and improve public safety.

Source:Laws 2014, LB907, § 19.    


90-541. State Department of Education; Education Innovation.

AGENCY NO. 13 — STATE DEPARTMENT OF EDUCATION

Program No. 161 - Education Innovation

FY2013-14 FY2014-15
CASH FUND 7,897,133 9,374,800
PROGRAM TOTAL 7,897,133 9,374,800
SALARY LIMIT 70,821 72,485

There is included in the appropriation to this program for FY2013-14 $7,630,065 Cash Funds for state aid, which shall only be used for such purpose. There is included in the appropriation to this program for FY2014-15 $9,120,816 Cash Funds for state aid, which shall only be used for such purpose.

There is included in the amount shown for this program $1,400,000 Cash Funds provided as state aid for FY2013-14 and $1,600,000 Cash Funds provided as state aid for FY2014-15 to fund the Excellence in Teaching Act.

There is included in the amount shown for this program $2,100,000 Cash Funds provided as state aid for FY2013-14 for distance education equipment and incentives and $2,000,000 Cash Funds provided as state aid for FY2014-15 for distance education incentives.

There is included in the amount shown for this program $2,230,065 Cash Funds provided as state aid for FY2013-14 and $2,285,816 Cash Funds provided as state aid for FY2014-15 for programs for learners with high ability.

There is included in the amount shown for this program $1,700,000 Cash Funds provided as state aid for FY2013-14 and $1,700,000 Cash Funds provided as state aid for FY2014-15 for early childhood education projects.

There is included in the amount shown for this program $200,000 Cash Funds provided as state aid for FY2013-14 and $200,000 Cash Funds provided as state aid for FY2014-15 for postsecondary educational bridge programs.

There is included in the amount shown for this program $335,000 Cash Funds provided as state aid for FY2014-15 for grants to assist schools in evaluating and improving career education programs to align such programs with the state's economic and workforce needs.

There is included in the amount shown for this program $1,000,000 Cash Funds provided as state aid for FY2014-15 for support grants from the School District Reorganization Fund.

There is included in the amount shown for this program $160,000 Cash Funds for FY2013-14 and $145,000 Cash Funds for FY2014-15 for administration of a standard college admission test pilot to students in the eleventh grade of a participating school district.

Source:Laws 2013, LB195, § 48;    Laws 2014, LB905, § 53;    Laws 2014, LB967A, § 2.    


90-542. Transfer to Water Resources Cash Fund.

The State Treasurer shall transfer $3,300,000 from the General Fund to the Water Resources Cash Fund on or before June 30, 2016, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services.

Source:Laws 2015, LB661, § 1.    


90-543. Transfer to Water Resources Cash Fund.

The State Treasurer shall transfer $3,300,000 from the General Fund to the Water Resources Cash Fund on or before June 30, 2017, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services.

Source:Laws 2015, LB661, § 2.    


90-544. Transfer to Water Sustainability Fund.

The State Treasurer shall transfer $11,000,000 from the General Fund to the Water Sustainability Fund on or before June 30, 2016, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services.

Source:Laws 2015, LB661, § 3.    


90-545. Transfer to Water Sustainability Fund.

The State Treasurer shall transfer $11,000,000 from the General Fund to the Water Sustainability Fund on or before June 30, 2017, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services.

Source:Laws 2015, LB661, § 4.    


90-546. Transfer to Nebraska Resources Development Fund.

The State Treasurer shall transfer $3,000,000 from the Water Sustainability Fund to the Nebraska Resources Development Fund on or before August 1, 2015.

Source:Laws 2015, LB661, § 5.    


90-547. Transfer to Nebraska Resources Development Fund.

The State Treasurer shall transfer $3,000,000 from the Water Sustainability Fund to the Nebraska Resources Development Fund on or before August 1, 2016.

Source:Laws 2015, LB661, § 6.    


90-548. Transfer to Property Tax Credit Cash Fund.

The State Treasurer shall transfer $202,000,000 from the General Fund to the Property Tax Credit Cash Fund on or before December 15, 2015, on such date as directed by the budget administrator of the budget division of the Department of Administrative Services.

Source:Laws 2015, LB661, § 7.    


90-549. Transfer to Property Tax Credit Cash Fund.

The State Treasurer shall transfer $202,000,000 from the General Fund to the Property Tax Credit Cash Fund on or before December 15, 2016, on such date as directed by the budget administrator of the budget division of the Department of Administrative Services.

Source:Laws 2015, LB661, § 8.    


90-550. Transfer to Nebraska Cultural Preservation Endowment Fund.

The State Treasurer shall transfer an amount as directed by the budget administrator of the budget division of the Department of Administrative Services, pursuant to subsections (3) and (4) of section 82-331, not to exceed $750,000, from the General Fund to the Nebraska Cultural Preservation Endowment Fund on December 31, 2015, or as soon thereafter as administratively possible.

Source:Laws 2015, LB661, § 9.    


90-551. Transfer to Nebraska Cultural Preservation Endowment Fund.

The State Treasurer shall transfer an amount as directed by the budget administrator of the budget division of the Department of Administrative Services, pursuant to subsections (3) and (4) of section 82-331, not to exceed $750,000, from the General Fund to the Nebraska Cultural Preservation Endowment Fund on December 31, 2016, or as soon thereafter as administratively possible.

Source:Laws 2015, LB661, § 10.    


90-552. Transfer to General Fund.

The State Treasurer shall transfer $147,000 from the City of the Metropolitan Class Development Fund to the General Fund on July 1, 2015, or as soon thereafter as administratively possible.

Source:Laws 2015, LB661, § 11.    


90-553. Transfer to General Fund.

The State Treasurer shall transfer $98,000 from the City of the Primary Class Development Fund to the General Fund on July 1, 2015, or as soon thereafter as administratively possible.

Source:Laws 2015, LB661, § 12.    


90-554. Transfer to General Fund.

The State Treasurer shall transfer $150,000 from the Convention Center Support Fund to the General Fund on July 1, 2015, or as soon thereafter as administratively possible.

Source:Laws 2015, LB661, § 13.    


90-555. Transfer to State Park Cash Revolving Fund.

The State Treasurer, at the direction of the budget administrator of the budget division of the Department of Administrative Services, shall transfer $1,000,000 from the State Recreation Road Fund to the State Park Cash Revolving Fund between July 1, 2015, and July 31, 2015. The State Treasurer, at the direction of the budget administrator of the budget division of the Department of Administrative Services, shall transfer $1,000,000 from the State Recreation Road Fund to the State Park Cash Revolving Fund between July 1, 2016, and July 31, 2016.

Source:Laws 2015, LB661, § 14.    


90-556. Transfer to General Fund.

The State Treasurer shall transfer $200,000 from the Resource Recovery Fund to the General Fund on or before July 5, 2015.

Source:Laws 2015, LB661, § 15.    


90-557. Transfer to General Fund.

The State Treasurer shall transfer $200,000 from the Nebraska Collection Agency Fund to the General Fund on or before July 5, 2015.

Source:Laws 2015, LB661, § 16.    


90-558. Republican River Compact Litigation Contingency Cash Fund; created; use; investment.

The Republican River Compact Litigation Contingency Cash Fund is created. The Director of Administrative Services shall use the fund to make payments in an amount up to $5,500,000 in accordance with any court order pursuant to Kansas v. Nebraska, No. 126 Original. Such payment or payments shall only be made by the Department of Administrative Services upon written certification by the Attorney General of the amount necessary to satisfy the court-ordered amount. The fund shall receive revenue from fund transfers as authorized by the Legislature and from fees, charges, and any other revenue source specifically designated by the Legislature for deposit in the fund. Further, upon the written certification of the Attorney General to the Director of Administrative Services that the State of Nebraska has satisfied in full its payment requirements ordered by the court pursuant to Kansas v. Nebraska, No. 126 Original, the fund shall be terminated and any remaining balance shall be transferred to the Cash Reserve Fund. Any money in the Republican River Compact Litigation Contingency Cash 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 2015, LB661, § 17.    


Cross References

90-559. Department of Correctional Services; Operations.

AGENCY NO. 46 — DEPARTMENT OF CORRECTIONAL SERVICES

Program No. 200 - Operations

FY2015-16 FY2016-17
GENERAL FUND 204,563,182 202,442,037
CASH FUND 2,126,000 2,126,000
FEDERAL FUND est. 1,758,021 1,762,858
REVOLVING FUND est. 18,780,835 18,935,977
PROGRAM TOTAL 227,228,038 225,266,872
SALARY LIMIT 107,394,527 105,496,351

The unexpended General Fund appropriation balance existing on June 30, 2015, is hereby reappropriated.

Included in the salary limitations provided by this section is $3,672,087 for FY2015-16 and $3,672,087 for FY2016-17 for Revolving Fund salaries for program classifications 390 and 563, that shall not be limited to the amounts shown.

The Department of Administrative Services shall monitor the appropriations and expenditures for this program according to the following program classifications:

No. 260 - Nebraska Correctional Youth Facility

No. 300 - Tecumseh Correctional Center

No. 368 - Lincoln Community Corrections Center

No. 369 - Omaha Community Corrections Center

No. 370 - Central Office

No. 372 - Nebraska State Penitentiary

No. 373 - Nebraska Center for Women - York

No. 375 - Diagnostic and Evaluation Center

No. 376 - Lincoln Correctional Center

No. 377 - Omaha Correctional Center

No. 386 - McCook Incarceration Work Camp

No. 389 - Adult Parole Administration

No. 390 - Federal Surplus Property

No. 495 - Department Central Warehouse

No. 563 - Correctional Industries

Revolving Fund expenditures shall not be limited to the amounts shown.

It is the intent of the Legislature that the Department of Correctional Services investigate the feasibility of leasing the former Lancaster County jail facility located in Air Park and owned by the Airport Authority of the City of Lincoln, Nebraska, and consider making this facility a community corrections facility instead of a minimum-security facility. The department shall issue a report to the Appropriations Committee of the Legislature electronically on this subject by January 1, 2016.

It is the intent of the Legislature that the Department of Correctional Services reduce mandatory overtime at the department's facilities. The department shall examine reducing mandatory overtime by studying its pay structure, including, but not limited to, adopting a pay structure that allows employees to advance through the pay line, adopting a step plan or a similar-type plan, or by adopting another method that gives incentives for employees to remain employed by the department. The department may conduct a salary survey to see if the department's salaries are competitive with other entities which it competes with for employees. The department shall issue a report to the Appropriations Committee of the Legislature electronically on this subject by January 1, 2016.

It is the intent of the Legislature that the Department of Correctional Services implement a needs assessment regarding behavioral and mental health treatment and staffing. The needs assessment shall be completed by appropriately trained mental health professionals. The assessment shall include:

(1) Review and summary of relevant existing data sources;

(2) A detailed review of need factors in the Department of Correctional Services population including risk behaviors, mental health needs, behavioral health needs, and diagnosis;

(3) A detailed review of existing treatment and analysis of the adequacy of that treatment based on:

(a) Professional standards of care;

(b) Best practices;

(c) Availability of programming aligned with mental health needs and diagnosis (using valid instrumentation); and

(d) Availability in different facilities and levels of custody; and

(4) Analysis of needs, based on data gathered regarding:

(a) Staffing needs to meet professional standards of care;

(b) Needs related to developing new or different treatment based on needs analysis; and

(c) Needs related to achieving an appropriate level of service that meets the goals of institutional and community safety and community integration.

The department shall issue a report to the Appropriations Committee of the Legislature electronically on this subject by January 1, 2016.

There is included in the appropriation to this program for FY2015-16 $5,479,892 General Funds, which shall only be used to contract with county jail facilities to house Department of Correctional Services facilities inmates on a temporary basis. There is included in the appropriation to this program for FY2016-17 $4,607,147 General Funds, which shall only be used to contract with county jail facilities to house Department of Correctional Services facilities inmates on a temporary basis. It is the intent of the Legislature that no further funding be provided after FY2016-17 to contract with county jail facilities to house Department of Correctional Services facilities inmates.

It is intended that the Department of Correctional Services shall maintain a Department Contingency Fund and a Department Equipment Fund.

There is included in the appropriation to this program for FY2015-16 $1,500,000 General Funds, which shall only be used for strategies to retain quality staff in workforce shortage areas at institutions operated by the department. At least $150,000 of this appropriation shall be used in the retention of staff within the Division of Health Services. The department shall provide quarterly reports to the Governor and the Legislature regarding use of the appropriation that include how the funds are being utilized, the impact of the use of the funds on retention of quality staff, staff vacancy and turnover data, and plans for the future use of the funds. The second quarterly report shall include a plan by the department for the use of a similar appropriation in future fiscal years. The reports submitted to the Legislature shall be submitted electronically.

It is the intent of the Legislature that if the Department of Correctional Services has behavioral and mental health treatment staff positions that are vacant for ninety days that the department use these funds to contract with private providers so that inmates are able to promptly receive behavioral and mental health treatment.

It is the intent of the Legislature that the Department of Correctional Services examine prison bed housing options for use before the Community Corrections Center Lincoln beds become available in FY2018-19. Such options may include modular housing and other immediate housing options to increase prison bed space in the immediate future. Additionally, the Department of Correctional Services shall examine such immediate housing options by the geographical areas of Omaha, Lincoln, and areas outside Omaha and Lincoln.

The unexpended General Fund appropriation balance existing on June 30, 2016, less certified encumbrances, in Program 389 - Adult Parole Administration, is hereby reappropriated to Agency No. 15 — Board of Pardons and Board of Parole, Program 358 - Board of Parole.

Source:Laws 2015, LB598A, § 1;    Laws 2015, LB605A, § 1;    Laws 2015, LB657, § 162;    Laws 2016, LB956, § 72.    
Effective Date: March 31, 2016


90-560. Transfer to Site and Building Development Fund.

The State Treasurer shall transfer four million dollars from the General Fund to the Site and Building Development Fund on or before June 30, 2016.

Source:Laws 2016, LB957, § 22.    
Effective Date: March 31, 2016