The Clerk of the Legislature shall file the certificates presented by members, and make a roll of the members who thus appear to be elected. The persons thus appearing to be elected members shall proceed to elect such other officers as may be required for the time being.

(1) When the Legislature is temporarily organized it shall elect a committee of five by ballot, which committee shall examine and report upon the credentials of those claiming to be elected members, and, when such report is made, those reported as elected shall proceed to the permanent organization of the Legislature. The Legislature shall be the sole judge of the election returns and qualifications of its own members.

(2) The Legislature may waive the requirements set forth in subsection (1) of this section whenever it is reasonably apparent to the members of the Legislature that there is not, or is not likely to be, a contest of any election result. If the provisions of subsection (1) are waived, the Legislature may, by rule, provide for the certification of members elected to the Legislature.

Any member may administer oaths in the Legislature, and while acting on a committee may administer oaths on the business of such committee.

No member of the Legislature shall be questioned in any other place for any speech or words spoken in debate in the Legislature.

The Legislature has power and authority to punish as a contempt by fine or imprisonment, or either of them, the offense of knowingly arresting a member in violation of his privilege; of assaulting or threatening to assault a member, or threatening to do him any harm, in person or property, for anything said or done as a member thereof; of attempting, by menace or other corrupt means, to control or influence a member in giving his vote, or to prevent his giving it; of disorderly or contemptuous conduct tending to disturb its proceedings; of refusing to attend or to be sworn or to be examined as a witness before the Legislature or a committee, when duly summoned; of assaulting or preventing any person going to the Legislature, or its committee, by order thereof, knowing the same; of rescuing or attempting to rescue any person arrested by order of the Legislature, knowing of such arrest; and of knowingly injuring any officer of the Legislature in the discharge of his duties as such.

Imprisonment for contempt of the Legislature shall not be for more than six hours, and shall be in the jail of the county in which the Legislature may be sitting.

Should a fine be imposed for any offense mentioned in section 50-105, it shall not exceed fifty dollars.

Fines and imprisonment shall be only by virtue of an order of the Legislature, entered on its journal stating the grounds therefor. Imprisonment shall be effected by a warrant, under the hand of the presiding officer for the time being, countersigned by the Clerk of the Legislature, running in the name of the state and directed to the sheriff of the proper county. Under such warrant, the officer of the Legislature, sheriff, and jailer will be authorized to arrest and detain the person.

Fines shall be collected by virtue of a similar warrant, directed to any proper officer of the county in which the offender has property, and executed in the same manner as executions for fines issued by courts of justice, and the proceeds shall be paid into the state treasury.

Punishment for contempt, as provided in sections 50-105 to 50-109, is no bar to any other proceedings, civil or criminal, for the same offense.

The officers of the Legislature shall consist of a speaker, chief clerk, assistant clerk, sergeant at arms, and such other officers as may be deemed necessary for the proper transaction of business, to be elected by the Legislature upon the recommendation of the Executive Board of the Legislative Council, except that the board shall make no recommendation as to the speaker.

There shall be paid to each of the several officers, except the speaker, named in section 50-111 for their official services such salaries as shall be fixed by the Executive Board of the Legislative Council, unless otherwise directed by the Legislature.

It shall be the duty of the presiding officer of the Legislature to preside over the Legislature, to keep and maintain order during the session thereof, and to do and perform the duties devolving on him by general parliamentary usage, and the rules adopted by the Legislature.

(1) It shall be the duty of the Clerk of the Legislature to attend the sessions of the Legislature, to call the roll, to read the journals, bills, memorials, resolutions, petitions, and all other papers or documents necessary to be read in the Legislature, to keep a correct journal of the proceedings in the Legislature, and to do and perform such other duties as may be imposed upon the clerk by the Legislature or by the Executive Board of the Legislative Council.

(2) The records of floor debate and committee hearings as prepared and permanently maintained by the Clerk of the Legislature are the official records of the Legislature.

(3) Any government website offering access to audio and video recordings of the proceedings of the Legislature or of a committee or division of the Legislature shall require notification to any website user, using appropriate technology, that such recordings shall not be used, reproduced, or redistributed without express permission by the Legislative Council and in accordance with the policies developed by the Executive Board of the Legislative Council pursuant to section 50-117.

The Clerk of the Legislature shall prepare a daily journal of the proceedings of the Legislature. The Legislative Journal shall be compiled by the clerk after each regular session of the Legislature.

The Clerk of the Legislature shall be authorized to make such charges, subject to the approval of the Executive Board of the Legislative Council, to recover costs and expenses of (1) copying files and records in the clerk's possession, (2) preparing certificates, (3) handling and mailing individual bills and bill subscriptions, and (4) such publications as may be authorized by the Legislature or the Executive Board of the Legislative Council.

(1) The Clerk of the Legislature shall periodically prepare and distribute electronically to all members of the Legislature a list of all reports received from state agencies, boards, and commissions. Such lists shall be prepared and distributed to each legislator no less frequently than once during the first ten days of each legislative session. Upon request by a legislator, the clerk shall arrange for any legislator to receive an electronic copy of any such report.

(2) A state agency, board, or commission or other public entity which is required to provide a report to the Legislature shall submit the report electronically. The Clerk of the Legislature may establish requirements for the electronic submission, distribution, and format of such reports. The clerk may accept a report in written form only upon a showing of good cause.

The Clerk of the Legislature shall retain the reports received from state agencies, boards, and commissions for three years after the date of receipt of such reports after which time the clerk may dispose of such reports.

The Clerk of the Legislature Cash Fund is hereby created. The fund shall consist of funds received by the Clerk of the Legislature pursuant to sections 49-1480.01 and 49-1482. The fund shall be used by the Clerk of the Legislature to perform the duties required by sections 49-1480 to 49-1492.01, except that transfers may be made from the fund to the General Fund at the direction of the Legislature. Any money in the Clerk of the Legislature 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.

The assistant clerk shall be under the control and direction of the Clerk of the Legislature, and shall assist him in the proper discharge of his duties, and shall do and perform such other service as may be directed by the Legislature or by the Executive Board of the Legislative Council.

It shall be the duty of the sergeant at arms to enforce the attendance of absent members, when directed properly so to do; to arrest all members or other persons, when lawfully authorized so to do; to keep and preserve order during the sessions of the Legislature; to convey to the post office the mail matter sent by the respective members, and to receive from such office the mail matter for such members, and to deliver the same to them on each morning of the session; to obey and enforce the orders of the presiding officers of the Legislature; and to do and perform such other duties as may be enjoined on him by law and the Legislature. It shall also be the duty of the sergeant at arms to procure a banner of the State of Nebraska, as described in section 90-102, and to place the same on top of the State Capitol building, there to be kept during the time the Legislature shall be in session. The colors of the banner shall be fast colors and the cloth shall be of substantial material. The banner shall be so arranged on the staff or pole that it may be raised or lowered with ease.

(1) The Legislative Council, through the Executive Board of the Legislative Council, shall develop and maintain a publicly accessible, digital Internet archive of closed-captioned video coverage of the Legislature, including floor debate and public committee hearings indexed by legislative bill or resolution number or by date, beginning with the coverage of the One Hundred Ninth Legislature, First Session, in January 2025 or as soon as live, closed-captioned video coverage of the Legislature is available for use, whichever is sooner, as provided in section 79-1316. Closed-captioned video coverage shall include closed captioning in both English and Spanish.

(2) Applicable historical video coverage of the Legislature shall be collected and added to the digital archive as available. Applicable historical video coverage shall only consist of video coverage of the Legislature captured by the Nebraska Educational Telecommunications Commission and closed-captioned prior to January 1, 2025.

(3) Such archive is intended solely for educational and informational purposes and to enhance access for the public, in keeping with the Legislature's commitment to transparency in state government.

(4) Audio and video recordings of the proceedings of the Legislature or of a committee or division of the Legislature are not official records of such proceedings and shall not be admissible in any proceeding as evidence of legislative history, action, or intent.

(5) The Executive Board of the Legislative Council shall develop policies and procedures surrounding the creation and ongoing usage of the publicly accessible, indexed, digital Internet archive of closed-captioned video coverage of the Legislature developed pursuant to this section. Such policies shall include, but not be limited to:

(a) The usage of archived video recordings for purposes other than legislative purposes;

(b) A determination regarding which committee hearings and committee briefings shall be recorded and added to the digital archive;

(c) Parameters surrounding long-term storage of archived video recordings; and

(d) Management of costs in relation to supporting public accessibility of archived video recordings.

Each member of the Legislature shall receive a salary in an amount equal to the maximum authorized by the Constitution of Nebraska. Such salary shall be paid in equal monthly installments.

Whenever ten or more members of the Legislature shall lodge with the Secretary of State a positive statement in writing, over their signatures respectively, setting forth the purpose or purposes for which said Legislature is convened, requesting that the Legislature meet in special session, personally delivered or transmitted by either registered or certified mail, return card requested, the Secretary of State shall forthwith certify to each of the other members of the Legislature, transmitted by either registered or certified mail, return card requested, the fact that ten or more members have lodged such statements with him and the object or objects of calling such session. If within ten days thereafter an additional number of the members of the Legislature, sufficient to make two-thirds or more, shall lodge statements in like manner as aforementioned with the Secretary of State, requesting that the Legislature meet in special session, the Secretary of State shall forthwith certify to the Governor the fact that two-thirds or more of said members have lodged said statements with him and the object or objects of calling such session. Thereupon the Governor shall, by proclamation, stating therein the purpose or purposes for which it is called, convene the Legislature to meet in special session within five days after receipt of said certificate from the Secretary of State. The Legislature shall enter upon no business except that for which it was called together.

Any Secretary of State or any Governor who shall refuse or neglect punctually to perform the duties enjoined upon them or either of them, by section 50-125, shall be deemed guilty of an act of malfeasance which works a forfeiture of office. Upon complaint of any legislator or elector of the state the Attorney General shall forthwith file an information in quo warranto against said officer as an original action in the Supreme Court of the state, without bond for costs. If it shall appear from the showing made that the officer so offending failed punctually to perform said duties, or any of them, a judgment shall be rendered that said officer so offending be ousted, and also that he pay the costs of the proceeding.

Beginning in 1987, the Legislature shall make appropriations for the expenses of state government during the regular session held in each odd-numbered year for the biennium beginning July 1 of such year and ending June 30 of the next succeeding odd-numbered year.

The Legislature hereby finds and declares (1) that the Constitution of Nebraska, by expressly providing for the legislative branch of government, implies the powers and the duty to provide the means, accessories, and instrumentalities to carry into effect the purposes for which the Legislature was created, (2) that items in the nature of expenses incidental to holding the office are not pay or perquisites within the meaning of Article III, section 7 of the Constitution of Nebraska, and (3) that the Constitution of Nebraska is construed to allow expenses to members of the Legislature, incidental to the performance of their duties as members of the Legislature, without contravening any constitutional provision as to pay, perquisites, or compensation.

Each member of the Legislature shall be allowed necessary expenses incurred while performing in the official capacity as a member of the Legislature.

The Executive Board of the Legislative Council shall adopt policies to carry out section 50-202. The policies shall allow each member of the Legislature to receive per diem expenses based upon ordinary and necessary business expenses as permitted by section 162 of the Internal Revenue Code which are incurred while performing in the official capacity as a member of the Legislature. The per diem expenses paid to a member shall be less than or equal to the amounts actually paid or incurred.

Sections 50-301 to 50-306 shall be known and may be cited as the Next Generation Business Growth Act.

The Legislature finds that there is an important role that innovation and entrepreneurship play in the economic well-being of the state. It is the intent of the Legislature to promote such innovation and entrepreneurship through the Next Generation Business Growth Act.

(1) The Legislature's Venture Development and Innovation Task Force is created. The Executive Board of the Legislative Council shall appoint six members of the Legislature to the task force. The Executive Board shall appoint one of the six members as chairperson and another member as vice-chairperson.

(2) The task force shall develop a statewide strategic plan to cultivate a climate of entrepreneurship and innovation. The task force shall adopt policy criteria to be used in the development of the plan. The plan shall include: (a) An inventory of existing state-sponsored and locally sponsored programs and resources that are targeted to small businesses, microenterprises, and entrepreneurial endeavors in the state; (b) an economic impact analysis of the existing programs under the Business Innovation Act; (c) an overview of best practices from other states; (d) a review of previously issued statewide strategic plans focused on high-growth businesses; and (e) various policy options.

(3) On or before December 1, 2016, the Legislature's Venture Development and Innovation Task Force shall prepare and electronically submit the statewide strategic plan to the Clerk of the Legislature.

The Legislature's Venture Development and Innovation Task Force, in consultation with the Executive Board of the Legislative Council, shall employ a nonprofit organization to provide research, analysis, and recommendations for the development of the statewide strategic plan required by section 50-303.

It is the intent of the Legislature to appropriate seventy-five thousand dollars from the General Fund to the Legislative Council for carrying out the purposes of the Next Generation Business Growth Act.

The Next Generation Business Growth Act terminates on January 1, 2017.

There is hereby created a Legislative Council, hereinafter referred to as council, which shall consist of all of the members of the Legislature. It shall be the function of the Legislative Council to consider legislative policies between sessions of the Legislature and carry out the duties imposed by section 50-402.

(1) The Legislative Council shall have an executive board, to be known as the Executive Board of the Legislative Council, which shall consist of a chairperson, a vice-chairperson, and six members of the Legislature, to be chosen by the Legislature at the commencement of each regular session of the Legislature when the speaker is chosen, and the Speaker of the Legislature. The Legislature at large shall elect two of its members from legislative districts Nos. 1, 17, 30, 32 to 35, 37, 38, 40 to 44, 47, and 48, two from legislative districts Nos. 2, 3, 15, 16, 19, 21 to 29, 45, and 46, and two from legislative districts Nos. 4 to 14, 18, 20, 31, 36, 39, and 49. The Chairperson of the Committee on Appropriations shall serve as a nonvoting ex officio member of the executive board whenever the board is considering fiscal administration.

(2) The executive board shall:

(a) Supervise all services and service personnel of the Legislature and may employ and fix compensation and other terms of employment for such personnel as may be needed to carry out the intent and activities of the Legislature or of the board, unless otherwise directed by the Legislature, including the adoption of policies by the executive board which permit (i) the purchasing of an annuity for an employee who retires or (ii) the crediting of amounts to an employee's deferred compensation account under section 84-1504. The payments to or on behalf of an employee may be staggered to comply with other law; and

(b) Appoint persons to fill the positions of Legislative Fiscal Analyst, Director of Research, and Revisor of Statutes. The persons appointed to these positions shall have training and experience as determined by the executive board and shall serve at the pleasure of the executive board. Their respective salaries shall be set by the executive board.

(3) Notwithstanding any other provision of law, the executive board may contract to obtain legal, auditing, accounting, actuarial, or other professional services or advice for or on behalf of the executive board, the Legislative Council, the Legislature, or any member of the Legislature. The providers of such services or advice shall meet or exceed the minimum professional standards or requirements established or specified by their respective professional organizations or licensing entities or by federal law. Such contracts, the deliberations of the executive board with respect to such contracts, and the work product resulting from such contracts shall not be subject to review or approval by any other entity of state government.

(4) The executive board may enter into information-sharing agreements pursuant to sections 50-1813 and 50-1913.

The Legislative Council shall occupy and maintain offices in the State Capitol.

It shall be the duty of the council:

(1) To collect information concerning the government and general welfare of the state;

(2) To examine the effects of previously enacted statutes and recommend amendments thereto;

(3) To deal with important issues of public policy and questions of statewide interest;

(4) To prepare a legislative program in the form of bills or otherwise as in its opinion the welfare of the state may require, to be presented at the next session of the Legislature;

(5) To study federal aid to the state and its political subdivisions and advise the Legislature of money, land, or buildings available from the federal government, matching funds necessary, grants and aids, and what new legislation will be needed;

(6) To establish and maintain a complete and efficient bill drafting service for the purpose of aiding and assisting members of the Legislature and the executive departments of the state in the preparation of bills, resolutions, and measures and in drafting the same in proper form, and for this purpose there shall be assigned to the council for such work, rooms in the State Capitol conveniently situated in reference to the legislative chamber;

(7) To provide, through the Revisor of Statutes, for the publication of supplements and replacement volumes of the statutes of Nebraska;

(8) To provide, through the Division of Legislative Oversight, the office of Inspector General for Nebraska Child Welfare, the office of Inspector General for the Nebraska Correctional System, the Legislative Audit Office, and any other offices or divisions established within the Legislative Council, for both short-term and full-time oversight of matters related to the operation of state government;

(9) To provide, through the Executive Board of the Legislative Council, for the development and maintenance of a publicly accessible, indexed, digital Internet archive of closed-captioned video coverage of the Legislature as provided in section 50-117; and

(10) To set up subcommittees within the Legislative Council to carry out functions such as investigation of any area which the council may decide is in the public interest with power to employ such additional personnel as may be needed to carry out the intent and activities of the executive board or the Legislature.

The executive board shall have power and authority to appoint committees of the Legislative Council and assign subjects to them for study and reports. No member of the Legislature shall be liable in any civil or criminal action whatever for words spoken at an authorized committee meeting when conducting an investigation authorized by the executive board or for words spoken at meetings of standing or special committees of the Legislature.

It shall be the duty of the council (1) to investigate and study the possibilities for consolidation in state government for elimination of all unnecessary activities and of all duplication in office personnel and equipment and of the coordination of departmental activities or of methods of increasing efficiency and effecting economies, (2) to investigate and study the possibilities of reforming the system of local government with a view to simplifying the organization of government, (3) to study the merit system as it relates to state and local government personnel, (4) to cooperate with the administration in devising means of enforcing the law and improving the effectiveness of administrative methods, (5) to study and inquire into the financial administration of the state government and the subdivisions thereof, the problems of taxation, including assessment and collection of taxes, and the distribution of the tax burden, and (6) to study and inquire into future planning of capital construction of the state and its governmental agencies as to location and sites for expansion.

(1) It is within the inherent power of the Legislature, including the Legislative Council, the Legislative Oversight Committee, and any standing committee of the Legislature, to secure needed information in order to legislate, hold hearings, and administer oaths, as the council or committee deems necessary, and to conduct investigations of matters within the subject matter jurisdiction of the council or committee. This power of inquiry is broad and indispensable.

(2) The Legislative Council may hold public hearings and may administer oaths, issue subpoenas with the prior approval, by a majority vote, of the Executive Board of the Legislative Council to issue subpoenas in connection with the specific inquiry or investigation in question, compel the attendance of witnesses and the production of any papers, books, accounts, documents, and testimony, and cause the depositions of witnesses to be taken in the manner prescribed by law for taking depositions in civil actions in the district court.

(3) The Legislative Oversight Committee or a standing committee of the Legislature may hold public hearings, administer oaths, and gather information. After receiving prior approval, by a majority vote, of the Executive Board of the Legislative Council, the committee may issue subpoenas to compel the attendance of witnesses and the production of any papers, books, accounts, documents, and testimony and cause the depositions of witnesses to be taken in the manner prescribed by law for taking depositions in civil actions in the district court.

(4)(a) A special legislative investigative or oversight committee may hold public hearings, administer oaths, and gather information pursuant to a statute or legislative resolution that provides for a specific legislative inquiry or investigation. In the case of a resolution, such resolution shall have first been adopted by a majority of the members of the Legislature during a legislative session or by a majority of the members of the Executive Board of the Legislative Council during the interim between legislative sessions.

(b) If authorized to issue subpoenas by statute or by a resolution described in subdivision (4)(a) of this section, a special legislative investigative or oversight committee may issue subpoenas to compel the attendance of witnesses and the production of any papers, books, accounts, documents, and testimony and cause the depositions of witnesses to be taken in the manner prescribed by law for taking depositions in civil actions in the district court.

(c) A resolution or statute creating a special legislative investigative or oversight committee may prescribe limitations on the authority granted by this section.

(5) When authorized to issue subpoenas under this section, the council or a committee may require any state agency, political subdivision, or person to provide information relevant to the council's or committee's work, and the state agency, political subdivision, or person shall:

(a) Appear at a hearing on the date set in the subpoena; and

(b) Provide the information requested within thirty days after the request except as provided for in the subpoena.

(6) Litigation to compel or quash compliance with authority exercised pursuant to this section and section 50-407 shall be advanced on the trial docket and heard and decided by the court as quickly as possible. The court shall issue its decision no later than twenty days after the filing of the application or petition or a motion to quash, whichever is filed first. Either party may appeal to the Court of Appeals within ten days after a decision is rendered.

(7) The district court of Lancaster County has jurisdiction over all litigation arising under this section and section 50-407. In all such litigation, the Executive Board of the Legislative Council shall provide for legal representation for the council or committee.

(1)(a) If a member of the Legislature, the Public Counsel, the Inspector General of Nebraska Child Welfare, the Inspector General of the Nebraska Correctional System, or the Legislative Auditor presents a newly constituted Legislature with a subpoena issued pursuant to section 50-406, 50-1216, 50-1810, 50-1910, or 50-2018 during a previous legislative biennium and such subpoena is still pending:

(i) The Executive Board of the Legislative Council shall vote to determine whether to renew the subpoena; and

(ii) If the subpoena was issued by the Legislative Oversight Committee or a standing committee, such committee shall also vote to determine whether to renew the subpoena.

(b) The vote or votes required in subdivision (1)(a) of this section shall be taken no later than ten days after the day the regular session of the Legislature commences as provided in Article III, section 10, of the Constitution of Nebraska.

(c) If a majority of the members of the Executive Board of the Legislative Council and, if applicable, of the committee, are in favor of renewing the subpoena, the subpoena is renewed and relates back to its previous issuance and such subpoena shall be considered to have been in full force and effect for such entire period.

(2) The Legislature has the constitutional authority to determine the rules of its proceedings. The question of the referencing of an investigation or inquiry is not justiciable and cannot be challenged or invalidated in a judicial proceeding.

(1) In case of disobedience on the part of any person, including a representative of a state agency or political subdivision, to comply with any subpoena issued pursuant to section 50-406 or in case of the refusal of any witness to testify on any matters regarding which the witness may be lawfully interrogated, the Legislative Council, the Legislative Oversight Committee, or the standing committee or special legislative investigative or oversight committee which issued the subpoena shall, at the hearing at which the person was subpoenaed to appear, vote on whether to find the person in contempt or to find that the failure to comply or refusal to testify was not willful.

(2) If the council or committee finds a person in contempt as provided in subsection (1) of this section, the council or committee may, by application or petition to the district court of Lancaster County, request the court to compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein. The application or petition shall be filed by the chairperson of the Executive Board of the Legislative Council, and in the case of the Legislative Oversight Committee or a standing or special legislative investigative or oversight committee, such filing shall be joined by the chairperson of such committee.

(3) If a witness who has been subpoenaed pursuant to section 50-406, 50-1216, 50-1810, 50-1910, or 50-2018 refuses to testify before the council or a committee on the basis of the privilege against self-incrimination, a court order may be requested pursuant to sections 29-2011.02 and 29-2011.03. In the case of a proceeding before the Legislative Council, the request shall be filed by the chairperson of the Executive Board of the Legislative Council. In the case of a proceeding before the Legislative Oversight Committee, a standing committee, or a special legislative investigative or oversight committee, the request shall be filed by the chairperson of such committee.

Each witness who appears before the Legislative Council, the Legislative Oversight Committee, any standing committee, or any special legislative investigative or oversight committee by subpoena of such council or committee, other than a state officer or employee, shall receive for attendance the fees provided for witnesses in civil cases in courts of record and mileage as provided in section 81-1176, which shall be audited and paid upon the presentation of proper vouchers sworn to by such witness and approved by the chairperson of the Executive Board of the Legislative Council.

Each officer, board, commission, or department of state government or any local government shall make such studies for and furnish information to the Legislative Council, including any division established within the Legislative Council, as the council may require and as can be made within the limits of its appropriation. Requests for information made under this section shall not be subject to the procedures for public record requests provided in sections 84-712 to 84-712.09.

The council shall meet at least once in each biennium. One meeting of the entire council shall be held at the call of the chairperson of the Executive Board of the Legislative Council not less than thirty nor more than sixty days prior to the next regular session of the Legislature. Twenty-five members shall constitute a quorum, but a smaller number may meet and may compel the attendance of members in order to secure a quorum.

The Governor shall have the right to send a message to the session of the council convening next after the adjournment of each session of the Legislature, and may, from time to time, send additional messages containing his recommendations and explaining the policy of the administration.

The Legislative Council and Legislature shall have access to all library reference facilities maintained by state agencies. The council is authorized to accept and use any funds made available to it through the terms of any cooperative agreement that it may make with any agency whatsoever for the accomplishment of the purposes of sections 50-401 to 50-415.

The Legislative Council shall keep complete minutes of its meetings and shall submit electronically periodical reports to the members of the Legislature.

The recommendations of the council shall be completed and made public at least thirty days prior to any regular session of the Legislature at which such recommendations are to be submitted. A copy of said recommendations shall be mailed to the address of each member of the Legislature, to each elective state officer, and to the State Library.

(1) The members of the council shall be compensated for actual expenses incurred while attending sessions of the council, and the members of any committee of the council shall be compensated for actual expenses incurred while on business of the committee.

(2) Employees of the Legislature shall be compensated for actual expenses incurred while on the business of the Legislature.

(1) The Legislative Research Office is established within the Legislative Council. The office shall provide nonpartisan public policy and legal research for members of the Legislature and their staffs and maintain a legislative reference library for the use of members of the Legislature and their staffs. The Director of Research shall be responsible for hiring, firing, and supervising the research office staff.

(2) At the request of the Director of Research, the Executive Board of the Legislative Council may issue subpoenas as provided in subsection (2) of section 50-406 for information related to a research request from the Legislative Research Office pursuant to this section.

The Legislature shall select five of its members who shall serve, together with the chairperson of the Appropriations Committee, as the Nebraska Retirement Systems Committee. The Nebraska Retirement Systems Committee shall be a standing committee of the Legislature. The chairperson and members shall be chosen in the same manner as chairpersons and members of the other standing committees of the Legislature.

The Nebraska Retirement Systems Committee shall study any legislative proposal, bill, or amendment, other than an amendment proposed by the Committee on Enrollment and Review, affecting any public retirement system, existing or proposed, established by the State of Nebraska or any political subdivision thereof and report electronically the results of such study to the Legislature, which report shall, when applicable, include an actuarial analysis and cost estimate and the recommendation of the Nebraska Retirement Systems Committee regarding passage of any bill or amendment. To assist the committee in the performance of such duties, the committee may consult with and utilize the services of any officer, department, or agency of the state and may from time to time engage the services of a qualified and experienced actuary. In the absence of any report from such committee, the Legislature shall consider requests from groups seeking to have retirement plans established for them and such other proposed legislation as is pertinent to existing retirement systems.

(1) There shall be established within the Legislative Council the Legislative Fiscal Office. The Legislative Fiscal Analyst shall be responsible for hiring, firing, and supervising the fiscal office staff.

(2) The Appropriations Committee shall determine the budgeting and related needs of each agency of state government before and during each session of the Legislature.

(1) The Legislative Fiscal Analyst shall provide fiscal and budgetary information and assistance to the Legislature and the Appropriations Committee. During sessions of the Legislature he or she shall work under the direction of the Appropriations Committee of the Legislature. During the interim between legislative sessions he or she shall work under the direction of the Executive Board of the Legislative Council.

The Legislative Fiscal Analyst shall provide:

(a) Factual information and recommendations concerning the financial operations of state government;

(b) Evaluation of the requests for appropriations contained in the executive budget and recommendations thereon;

(c) Studies of capital outlay needs for the orderly and coordinated development of state institutions and institutional programs authorized, if not otherwise provided by law;

(d) Plans for legislative appropriation and control of funds, with presession analysis of budgetary requirements; and

(e) The following cycle of analyses of long-term fiscal sustainability, beginning in FY2020-21:

(i) In even-numbered years, the joint revenue volatility report required under section 50-419.02;

(ii) In odd-numbered years, a budget stress test comparing estimated future revenue to and expenditure from major funds and tax types under various potential economic conditions; and

(iii) Every four years, a long-term budget for programs appropriated for major funds and tax types.

(2) His or her duties shall also include examining or auditing functions or services authorized by the Legislature to determine if funds are expended according to legislative intent and whether improvements in organization and performance are possible. The examining function shall also include the appraisal of functions for needed reforms.

(3) His or her duties shall be to coordinate his or her activities with the budget officer of the Department of Administrative Services.

(4) All information and reports of the fiscal analyst and Appropriations Committee shall be available to any and all members of the Legislature.

(5) The Legislative Fiscal Analyst shall provide revenue-forecasting information and assistance to the Legislature, the Revenue Committee of the Legislature, and the Appropriations Committee of the Legislature. For the purposes of this subsection, he or she shall work under the direction of the Revenue Committee of the Legislature and the Appropriations Committee of the Legislature. The revenue-forecasting information provided under this subsection shall include:

(a) The estimated revenue receipts for each year of the following biennium, including comparisons of current estimates for:

(i) Each major tax type to long-term trends for that tax type;

(ii) Federal fund receipts to long-term federal fund trends; and

(iii) Tax collections and federal fund receipts to long-term trends;

(b) General Fund reserve requirements;

(c) A list of express obligations; and

(d) A summary of economic conditions affecting the State of Nebraska.

The Legislative Fiscal Analyst shall present to the Appropriations Committee, beginning the fifth legislative day, an evaluation of the operations of the state government including those issues, policies, and problems which have come to his or her attention or which resulted from analyses and in which improvement in performance and organization is possible. The Legislative Fiscal Analyst shall, if requested, recommend alternatives to the identified problems and related needs.

(1) On November 15, 2016, the Legislative Fiscal Analyst shall prepare and electronically submit a revenue volatility report to the Appropriations Committee of the Legislature. Every two years thereafter the Legislative Fiscal Analyst shall prepare a revenue volatility report to append to the annual report required under section 77-2715.01. The report shall also be posted on the Legislature's website.

(2) The report shall:

(a) Evaluate the tax base and the tax revenue volatility of revenue streams that provide funding for the state General Fund budget;

(b) Identify federal funding included in the state budget and any projected changes in the amount or value of federal funding or potential areas in which federal funding could be lost;

(c) Identify current and projected balances of the Cash Reserve Fund;

(d) Analyze the adequacy of current and projected balances of the Cash Reserve Fund in relation to the tax revenue volatility and the risk of a reduction in the amount or value of federal funding or potential areas in which federal funding could be lost;

(e) Include revenue projections for the ensuing two fiscal years included in the impending biennial budget; and

(f) Contain any other recommendations that the Legislative Fiscal Analyst determines are necessary.

The Legislature finds and declares that:

(1) Research conducted since 2009 by the University of Nebraska at the request of the Legislature's Planning Committee shows (a) the population of Nebraska is becoming more concentrated in the most populous counties, with two-thirds of the counties showing dramatic and sustained population loss, (b) the population of Nebraska is aging, and (c) the population of Nebraska is becoming more racially and ethnically diverse;

(2) It is in the best interest of the economy of Nebraska to anticipate long-term fiscal trends;

(3) The Legislative Fiscal Analyst, in partnership with the Legislature's Planning Committee and the University of Nebraska, has a tool to project the long-term fiscal impact of revenue and expenditure measures and changes in federal policy; and

(4) The state is constitutionally prohibited from incurring debt, which, due to downturns in revenue, has caused the Legislature to deplete the cash reserves by more than one-half during the last two biennial budgets. The restoration of cash reserves over the next two biennial budgets is essential if the state is to meet its obligations and adapt to the challenges projected by data accumulated by the Legislature's Planning Committee.

(1) Each officer, board, commission, and department of state government, including the Accounting Administrator of the Department of Administrative Services, shall furnish to the Legislative Fiscal Analyst, upon request, any information in its possession, including records received from other officers, boards, commissions, or departments of state government, whether such information is retained in computer files or otherwise, if such information is directly related to the performance of the official duties of the Legislative Fiscal Analyst under sections 50-418 to 50-420.

(2) At the request of the Legislative Fiscal Analyst, and after receiving prior approval by a majority vote of the Executive Board of the Legislative Council, the Appropriations Committee of the Legislature may issue subpoenas as provided in subsection (3) of section 50-406 for information related to a request from the Legislative Fiscal Analyst pursuant to this section.

(1) The Nebraska Sentencing Reform Task Force is created.

(2) The task force shall identify and recommend changes to Nebraska's criminal justice laws, policies, and practices to improve public safety and more effectively allocate Nebraska's criminal justice system resources.

(3) The task force shall consist of the following members:

(a) The Governor or the Governor's designee;

(b) The Attorney General or the Attorney General's designee;

(c) Three members of the Judiciary Committee of the Legislature appointed by the Executive Board of the Legislative Council;

(d) Two representatives of law enforcement appointed by the Governor;

(e) Two county attorneys appointed by the Governor; and

(f) Two criminal defense attorneys with at least ten years' experience appointed by the Governor.

(4) The task force shall submit its first report to the Legislature no later than November 15, 2023. The task force shall submit its second report to the Legislature no later than November 15, 2024. The reports shall be submitted electronically to the Clerk of the Legislature.

(5) Administrative and staff support for the task force shall be provided by any executive branch staff as directed by the Governor or by staff of the Judiciary Committee of the Legislature as directed by the chairperson of the Judiciary Committee.

(6) The task force terminates on December 31, 2024.

(1) The Legislature finds that while serious crime in the State of Nebraska has not increased in the past five years, the prison population continues to increase as does the amount spent on correctional issues. The Legislature further finds that a need exists to closely examine the criminal justice system of the State of Nebraska in order to increase public safety while concurrently reducing correctional spending and reinvesting in strategies that decrease crime and strengthen Nebraska communities.

(2) It is the intent of the Legislature that the State of Nebraska work cooperatively with the Council of State Governments Justice Center to study and identify innovative solutions and evidence-based practices to develop a data-driven approach to reduce correctional spending and reinvest savings in strategies that can decrease recidivism and increase public safety and for the executive, legislative, and judicial branches of Nebraska state government to work with the Council of State Governments Justice Center in this process.

(3) The Committee on Justice Reinvestment Oversight is created as a special legislative committee to maintain continuous oversight of the Nebraska Justice Reinvestment Initiative and related issues.

(4) The special legislative committee shall be comprised of five members of the Legislature selected by the Executive Board of the Legislative Council, including the chairperson of the Judiciary Committee of the Legislature who shall serve as chairperson of the special legislative committee.

(5) The Committee on Justice Reinvestment Oversight shall monitor and guide analysis and policy development in all aspects of the criminal justice system in Nebraska within the scope of the justice reinvestment initiative, including tracking implementation of evidence-based strategies as established in Laws 2015, LB605, and reviewing policies to improve public safety, reduce recidivism, and reduce spending on corrections in Nebraska. With assistance from the Council of State Governments Justice Center, the committee shall monitor performance and measure outcomes by collecting data from counties and relevant state agencies for analysis and reporting.

(6) The committee shall prepare and submit an annual report of its activities and findings and may make recommendations to improve any aspect of the criminal justice system. The committee shall deliver the report to the Governor, the Clerk of the Legislature, and the Chief Justice by September 1 of each year. The report to the clerk shall be delivered electronically.

(7) The committee terminates on September 30, 2023.

There is hereby created the Nebraska Legislative Shared Information System Cash Fund, which fund shall consist of fees received from services provided by the Legislature. Transfers may be made from the fund to the General Fund at the direction of the Legislature. Any money in the Nebraska Legislative Shared Information System 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.

There is hereby created the Legislative Council Retirement Study Fund. The fund shall consist of money appropriated to it by the Legislature and transfers made pursuant to subdivision (2)(f) of section 84-1503. Money in the fund shall only be used for a comprehensive study of the retirement systems listed in subdivision (1)(a) of section 84-1503. Any money remaining in the fund eighteen months after the date of transfer shall be transferred by the State Treasurer back to the retirement systems for credit to the various retirement funds. Any money in the Legislative Council Retirement Study 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 State-Tribal Relations Committee is hereby established as a special legislative committee with the intent of fostering better relationships between the state and the federally recognized Indian tribes within the state. The Executive Board of the Legislative Council shall appoint seven members of the Legislature to the committee. The appointments shall be based on interest and knowledge. The chairperson and vice-chairperson of the State-Tribal Relations Committee shall also be designated by the executive board. All appointments shall be made within the first six days of the legislative session in odd-numbered years. Members shall serve two-year terms corresponding with legislative sessions and may be reappointed for consecutive terms. The committee shall meet as necessary to, among other things, consider, study, monitor, and review legislation that impacts state-tribal relations issues and to present draft legislation and policy recommendations to the appropriate standing committee of the Legislature.

The Legislature finds that the ruling of the United States District Court for the District of Nebraska in Jones v. Gale, 405 F. Supp. 2d 1066, D. Neb. 2005, and subsequent rulings on appeal affirming such ruling holding Article XII, section 8, of the Constitution of Nebraska to be invalid, enjoined, or limited in application has significant implications for the future structure, development, and progress of agricultural production in Nebraska.

(1) It is the intent of the Legislature to support and facilitate a study by the Agriculture Committee of the Legislature to identify policy instruments available to the Legislature and the people of Nebraska, including, as appropriate, but not necessarily requiring or limited to, modification of Article XII, section 8, of the Constitution of Nebraska, in order to foster and enhance legal, social, and economic conditions in Nebraska consistent with and which advance those state interests that exist in the structure, development, and progress of agricultural production.

(2) Within the limits of funds appropriated for such purpose, the Executive Board of the Legislative Council may, in coordination and cooperation with the Agriculture Committee of the Legislature, commission experts in the fields of agricultural economics, agricultural law, commerce clause jurisprudence, and other areas of study and practice to provide assistance, specific research or reports, or presentations in order to assist the Agriculture Committee of the Legislature in carrying out the intent of the Legislature under this section.

(1) It is the intent of the Legislature that the Attorney General perform, acquire, and otherwise cause to be made available such research as may be appropriate to inform and assist the Agriculture Committee of the Legislature in identifying policy instruments available to the Legislature and the people of Nebraska, including, as appropriate, but not necessarily requiring or limited to, modification of Article XII, section 8, of the Constitution of Nebraska, in order to foster and enhance legal, social, and economic conditions in Nebraska consistent with and which advance those state interests that exist in the structure, development, and progress of agricultural production in Nebraska.

(2) The Attorney General may contract with experts in the fields of agricultural economics, agricultural law, commerce clause jurisprudence, and other areas of study and practice to assist the Attorney General in carrying out the intent of the Legislature under this section.

The Legislature finds that in the summer of 2019, the Department of Health and Human Services notified the Health and Human Services Committee of the Legislature of deteriorating conditions at the Youth Rehabilitation and Treatment Center-Geneva. Such conditions necessitated the relocation of female youth from the Youth Rehabilitation and Treatment Center-Geneva due to living conditions posing a threat to the health, safety, and welfare of the female youth residing at the facility under court order. The Health and Human Services Committee of the Legislature found, through a series of public hearings and comments during the 2019 interim, that there was a breakdown in the day-to-day operations of the Youth Rehabilitation and Treatment Center-Geneva, including (1) disrepair of the facilities making them uninhabitable, (2) inadequate staffing, (3) a lack of proper behavioral or mental health services and treatment programming, and (4) a lack of health care, including, but not limited to, medication management. The Department of Health and Human Services has released a business plan to reorganize the youth rehabilitation and treatment center model in Nebraska on a condensed timeline without consultation or input from the Legislature or stakeholders with experience and expertise in youth rehabilitation and treatment. The safety, quality of life, and right to a safe treatment environment for these youth is of the utmost concern to the Legislature, and it is clear the Youth Rehabilitation and Treatment Center-Geneva has reached a critical point in its ability to care for the female youth entrusted to its care.

(1) The Executive Board of the Legislative Council shall appoint a special committee of the Legislature to be known as the Youth Rehabilitation and Treatment Center Special Oversight Committee of the Legislature. The committee shall consist of no more than eleven members of the Legislature appointed by the executive board. Members shall include the chairperson of the Health and Human Services Committee of the Legislature, two other members of the Health and Human Services Committee of the Legislature, one member of the Appropriations Committee of the Legislature, two members of the Education Committee of the Legislature, the chairperson of the Judiciary Committee of the Legislature, one other member of the Judiciary Committee of the Legislature, and one member of the Legislature from each legislative district in which a youth rehabilitation and treatment center is located. The Youth Rehabilitation and Treatment Center Special Oversight Committee shall elect a chairperson and vice-chairperson from the membership of the committee. The executive board may provide the committee with a legal counsel, committee clerk, and other staff as required by the committee from existing legislative staff. The committee may hold hearings and request and receive progress reports from the Department of Health and Human Services regarding the youth rehabilitation and treatment centers.

(2) The Youth Rehabilitation and Treatment Center Special Oversight Committee of the Legislature may study the quality of care and related issues at the youth rehabilitation and treatment centers. The committee shall provide oversight of the administration and operations, including funding, capacity, and staffing practices at the youth rehabilitation and treatment centers. The committee shall provide oversight for planning at the youth rehabilitation and treatment centers. The committee shall utilize existing studies, reports, and legislation developed to address the conditions existing at the youth rehabilitation and treatment centers. The committee shall not be limited to such studies, reports, or legislation. The committee shall issue a report with its findings and recommendations to the Legislature on or before December 15, 2020.

(3) The Youth Rehabilitation and Treatment Center Special Oversight Committee of the Legislature shall terminate on December 31, 2020.

(1) The Bioscience Steering Committee is created. The committee shall consist of the chairperson of the Revenue Committee of the Legislature or his or her designee, the chairperson of the Appropriations Committee or his or her designee, and three members of the Legislature selected by the Executive Board of the Legislative Council. The executive board shall appoint a chairperson and vice-chairperson of the committee.

(2) The committee shall conduct a study to measure the impact of the bioscience economy in Nebraska and prepare a strategic plan for growing the bioscience economy in Nebraska. The strategic plan shall report on any progress or remaining work since the last study conducted on the bioscience industry. The strategic plan shall further propose strategies for developing the bioscience economy and shall include, but not be limited to, strategies to (a) stimulate job growth in the fields of science, technology, and engineering throughout Nebraska, (b) encourage individuals and organizations engaged in the biotechnology businesses to locate and expand in Nebraska, (c) capture and commercialize technology that is discovered and developed in Nebraska, (d) grow Nebraska's investment capital market and incentivize investment in life science start-up companies, and (e) develop Nebraska's biotechnology workforce in cooperation with higher education institutions. The strategic plan shall estimate the wealth and number of jobs generated from expanding the bioscience economy.

(3) The committee, in consultation with the executive board, shall commission a nonprofit corporation to provide research, analysis, and recommendations to the committee for the development of the study and strategic plan. The nonprofit corporation shall be incorporated pursuant to the Nebraska Nonprofit Corporation Act, shall be organized exclusively for nonprofit purposes within the meaning of section 501(c)(6) of the Internal Revenue Code as defined in section 49-801.01, shall be engaged in activities to facilitate and promote the growth of life sciences within Nebraska, and shall be dedicated to the development and growth of the bioscience economy.

(4) The committee shall prepare and present electronically to the Legislature a statewide strategic plan for the bioscience economy during the One Hundred Fifth Legislature, First Session, for consideration by the Legislature.

(5)(a) The Biotechnology Development Cash Fund is created. The money in the fund shall be used to commission the nonprofit corporation and provide access to resources necessary for developing the study and strategic plan.

(b) The fund may receive gifts, bequests, grants, or other contributions or donations from public or private entities. Transfers may be made from the fund to the General Fund at the direction of the Legislature. Any money in the Biotechnology Development 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.

(c) The Biotechnology Development Cash Fund terminates July 1, 2026.

The Department of Administrative Services shall, on or before December 1 of each year, present its plan regarding the management of the state's health care insurance programs and the health care trust fund to the Appropriations Committee of the Legislature. This presentation shall include, but is not limited to, the amount of reserves in the trust fund.

The University of Nebraska shall, on or before December 1 of each year, present its plan regarding the management of the university's health care insurance programs and its health care trust fund to the Appropriations Committee of the Legislature. This presentation shall include, but is not limited to, the amount of reserves in the trust fund.

(1) The Mental Health Crisis Hotline Task Force is created. The task force shall develop an implementation plan for Nebraska to integrate and utilize the 988 mental health crisis hotline established pursuant to the federal National Suicide Hotline Designation Act of 2020, Public Law 116-172.

(2) The task force shall identify a method to integrate local mental health crisis hotlines to ensure each individual who accesses a local mental health crisis hotline is connected to a qualified mental or behavioral health professional regardless of the time, date, or number of individuals trying to simultaneously access a local mental health crisis hotline. The task force shall develop a plan for staffing a statewide mental health crisis hotline, shall coordinate with local mental health authorities to carry out this section, and may conduct any other business related to such duties.

(3) The federal National Suicide Hotline Designation Act of 2020 authorizes states to impose fees on telecommunications services, wireless device services, and Internet protocol-enabled voice services to provide funding in a manner similar to the funding of 911 services. The task force shall conduct a cost analysis to determine how such a fee structure could be designed to cover the costs of the 988 mental health crisis hotline.

(4) The task force shall consist of the following members:

(a) The chairperson of the Health and Human Services Committee of the Legislature or the chairperson's designee;

(b) The chairperson of the Judiciary Committee of the Legislature or the chairperson's designee;

(c) The chairperson of the Transportation and Telecommunications Committee of the Legislature or the chairperson's designee;

(d) Two at-large members of the Legislature appointed by the Executive Board of the Legislative Council;

(e) The Director of Behavioral Health of the Division of Behavioral Health of the Department of Health and Human Services or the director's designee, as a nonvoting, ex officio member;

(f) The chairperson of the Public Service Commission or the chairperson's designee, as a nonvoting, ex officio member; and

(g) The following members who shall be nonvoting members appointed by the voting members of the task force listed in subdivisions (a) through (d) of this subsection through an application and selection process and selected from among (i) mental or behavioral health clinicians licensed to practice in the state, (ii) behavioral and mental health service providers, (iii) advocacy groups that focus on behavioral and mental health, (iv) educational institutions, (v) county and municipal law enforcement from each congressional district, (vi) other representatives of county and municipal governments from each congressional district, and (vii) telecommunications industry representatives.

(5) The task force shall choose a chairperson and a vice-chairperson from its voting membership. The task force shall meet at the call of the chairperson but shall hold its first meeting no later than July 1, 2021. The members of the task force shall serve without compensation but shall be entitled to receive reimbursement for expenses incurred incident to such service as provided in sections 81-1174 to 81-1177. The Executive Board of the Legislative Council may provide the task force with a legal counsel, committee clerk, and other staff as required by the task force from existing legislative staff.

(6) The task force shall file a report electronically with the Clerk of the Legislature, and with the Governor, regarding its implementation plan and any recommendations, together with drafts of any legislation necessary to carry out any recommendations, no later than December 17, 2021.

(7) The task force shall terminate on December 31, 2022.

(1) The Legislative Mental Health Care Capacity Strategic Planning Committee is established. The committee shall consist of the following members: (a) The chairperson of the Judiciary Committee of the Legislature or his or her designee, (b) the chairperson of the Health and Human Services Committee of the Legislature or his or her designee, (c) the chairperson of the Appropriations Committee of the Legislature or his or her designee, and (d) four senators selected by the chairperson of the Executive Board of the Legislative Council. The committee shall select a chairperson and vice-chairperson from among its members.

(2)(a) No later than November 1, 2023, the Legislative Mental Health Care Capacity Strategic Planning Committee shall contract with an independent consultant with expertise in inpatient mental health care delivery. The contract shall be awarded based on competitive bids and be subject to the approval of the Executive Board of the Legislative Council upon a recommendation of a majority of the committee. The consultant shall assist the committee in determining the necessary capacity for inpatient mental health care beds for both state-operated and privately owned facilities based on best practices in mental health care. The consultant shall provide recommendations to achieve the necessary capacity if the current state inpatient mental health bed capacity is insufficient.

(b) On or before November 1, 2024, the consultant shall provide a written report of its findings and recommendations to the Legislative Mental Health Care Capacity Strategic Planning Committee.

(3) This section terminates on November 1, 2025.

The Legislature finds and declares as follows:

(1) The future vibrancy of the people, communities, and businesses of Nebraska depends on reliable sources of water;

(2) While it is in the state's best interest to retain control over its water supplies, much of the state's water resources are currently underutilized;

(3) Well-planned flood control is critical to the future of the people, communities, and businesses of Nebraska;

(4) The state's water resources provide economic benefit to the people, communities, and businesses of Nebraska by helping to attract visitors from other states and boost local economies;

(5) Nebraska has tremendous water resources across the state, including, but not limited to, the Ogallala Aquifer, Lake McConaughy, the Platte River, the Republican River, and the Missouri River. The state's lakes and rivers help Nebraskans enjoy the water resources in our state and make Nebraska an even more attractive place to live and raise a family;

(6) In light of the disruption from the COVID-19 coronavirus pandemic and the trend toward a remote workforce around the country, people around the country are rethinking where they want to work, live, and raise a family. As people consider where to live, access to sustainable water resources and outdoor recreational opportunities will be important considerations in making Nebraska a competitive choice for the future;

(7) Studies should be conducted focusing on securing Nebraska's future water supply and strengthening Nebraska's flood control infrastructure, while also considering economic and recreational opportunities, including opportunities from increased tourism, in finding innovative solutions and winning opportunities for the State of Nebraska;

(8) Any such studies must not deter ongoing economic activity or fail to protect current investment in the areas under study; and

(9) An investment in a one-time series of studies that take advantage of previous studies while including innovative approaches and new technologies is best positioned to find solutions for all Nebraskans, especially Nebraskans living, working, and investing in the areas under study.

(1) The Statewide Tourism And Recreational Water Access and Resource Sustainability (STAR WARS) Special Committee of the Legislature is hereby established as a special legislative committee to exercise the powers and perform the duties provided in this section. The special legislative committee shall consist of no fewer than seven members of the Legislature as determined by the Executive Board of the Legislative Council. The special legislative committee shall consist of the Speaker of the Legislature, who shall serve as chairperson of the special legislative committee, the chairperson of the Natural Resources Committee of the Legislature, one member of the Appropriations Committee of the Legislature, and at least four other members of the Legislature appointed by the executive board. The appointed members of the special legislative committee shall be members who represent legislative districts comprising portions of the areas under study or who otherwise have knowledge of such areas. All appointments shall be made within the first six days of the legislative session in odd-numbered years. Members shall serve two-year terms corresponding with legislative sessions and may be reappointed for consecutive terms.

(2) The Executive Board of the Legislative Council shall provide staff as required by the special legislative committee from existing legislative staff. In addition, the special legislative committee may hire additional staff, make expenditures for travel, and enter into contracts for consulting, engineering, and development studies. The contracts shall be based on competitive bids and subject to approval by the executive board upon the recommendation of a majority of the members of the special legislative committee. It is the intent of the Legislature to appropriate two million dollars for fiscal year 2021-22 to carry out the purposes of this section.

(3)(a) Studies shall be conducted on:

(i) The need to protect public and private property, including use of levee systems, enhance economic development, and promote private investment and the creation of jobs along the Platte River and its tributaries from Columbus, Nebraska, to Plattsmouth, Nebraska;

(ii) The need to provide for public safety, public infrastructure, land-use planning, recreation, and economic development in the Lake McConaughy region of Keith County, Nebraska; and

(iii) The socioeconomic conditions, recreational and tourism opportunities, and public investment necessary to enhance economic development and to catalyze private investment in the region in Knox County, Nebraska, that lies north of State Highway 12 and extends to the South Dakota border and includes Lewis and Clark Lake and Niobrara State Park.

(b) The study of the Lower Platte River pursuant to subdivision (3)(a)(i) of this section shall not include a study of any dam on a Platte River channel, but may include infrastructure options that maintain the integrity of the main channel of the Platte River. The committee may study dams relating to tributaries of the Platte River and levees in such area.

(c) The studies regarding Lake McConaughy in Keith County and Lewis and Clark Lake and Niobrara State Park in Knox County shall evaluate the outcomes and the economic benefits of proposed development and improvements to residents, the local region, and state tourism.

(4) The special legislative committee may hold hearings and request and receive reports from federal, state, county, city, and village agencies and natural resources districts regarding matters pertaining to such studies. The special legislative committee may hold one or more closed sessions for the receipt of confidential information if at least one-half of the members of the special legislative committee vote in open session to hold a closed session. The special legislative committee may appoint one or more subcommittees for the purpose of receiving public input as it relates to the purposes described in section 50-801 and this section.

(5) The special legislative committee shall endeavor to complete each study on or before December 31, 2021, but such studies shall be completed no later than December 31, 2022.

(6) The special legislative committee shall provide oversight over any projects carried out as a result of any studies completed by the committee to ensure continuity and to ensure that the projects fulfill the goals of the studies as they are implemented. The committee may seek input from local stakeholders regarding such projects. The committee shall also recommend legislative changes that may become necessary at the various stages of the implementation of such projects.

(7) The special legislative committee shall terminate on December 31, 2026.

(1) The State of Nebraska is hereby divided into forty-nine legislative districts. Each district shall be entitled to one member in the Legislature. The Legislature adopts the official population figures and maps from the 2020 Census Redistricting (Public Law 94-171) TIGER/Line Shapefiles published by the United States Department of Commerce, Bureau of the Census.

(2) The numbers and boundaries of the legislative districts are designated and established by maps identified and labeled as maps LEG21-39006, LEG21-39006-1, LEG21-39006-2, LEG21-39006-2A, LEG21-39006-3, LEG21-39006-4, LEG21-39006-5, LEG21-39006-6, LEG21-39006-7, LEG21-39006-8, LEG21-39006-9, LEG21-39006-10, LEG21-39006-11, LEG21-39006-12, LEG21-39006-13, LEG21-39006-14, LEG21-39006-15, LEG21-39006-15A, LEG21-39006-16, LEG21-39006-16A, LEG21-39006-17, LEG21-39006-18, LEG21-39006-19, LEG21-39006-19A, LEG21-39006-20, LEG21-39006-21, LEG21-39006-22, LEG21-39006-22A, LEG21-39006-23, LEG21-39006-24, LEG21-39006-25, LEG21-39006-26, LEG21-39006-27, LEG21-39006-28, LEG21-39006-29, LEG21-39006-30, LEG21-39006-30A, LEG21-39006-31, LEG21-39006-32, LEG21-39006-32A, LEG21-39006-33, LEG21-39006-33A, LEG21-39006-34, LEG21-39006-34A, LEG21-39006-35, LEG21-39006-36, LEG21-39006-37, LEG21-39006-38, LEG21-39006-38A, LEG21-39006-39, LEG21-39006-40, LEG21-39006-40A, LEG21-39006-40B, LEG21-39006-41, LEG21-39006-41A, LEG21-39006-41B, LEG21-39006-42, LEG21-39006-42A, LEG21-39006-43, LEG21-39006-44, LEG21-39006-44A, LEG21-39006-45, LEG21-39006-46, LEG21-39006-47, LEG21-39006-48, and LEG21-39006-49, filed with the Clerk of the Legislature, and incorporated by reference as part of Laws 2021, LB3, One Hundred Seventh Legislature, First Special Session.

(3)(a) The Clerk of the Legislature shall transfer possession of the maps referred to in subsection (2) of this section to the Secretary of State on October 1, 2021.

(b) When questions of interpretation of legislative district boundaries arise, the maps referred to in subsection (2) of this section in possession of the Secretary of State shall serve as the indication of the legislative intent in drawing the legislative district boundaries.

(c) Each election commissioner or county clerk shall obtain copies of the maps referred to in subsection (2) of this section for the election commissioner's or clerk's county from the Secretary of State.

(d) The Secretary of State shall also have available for viewing on his or her website the maps referred to in subsection (2) of this section identifying the boundaries for the legislative districts.

The changes made to this section and section 50-1153 by Laws 2021, LB3, One Hundred Seventh Legislature, First Special Session, shall become operative on October 1, 2021. The members of the Legislature from the even-numbered districts shall be nominated at the primary election in 2022 and elected at the general election in November 2022 for the term commencing January 4, 2023. The members of the Legislature elected or appointed prior to October 1, 2021, shall represent the newly established districts for the balance of their terms, with each member representing the same numbered district as prior to October 1, 2021.

Sections 50-1201 to 50-1216 shall be known and may be cited as the Legislative Performance Audit Act.

(1) The Legislature hereby finds and declares that pursuant to section 50-402 it is the duty of the Legislative Council to do independent assessments of the performance of state government organizations, programs, activities, and functions in order to provide information to improve public accountability and facilitate decisionmaking by parties with responsibility to oversee or initiate corrective action.

(2) The purpose of the Legislative Performance Audit Act is to provide for a system of performance audits to be conducted by the Legislative Audit Office as directed by the Legislative Oversight Committee.

(3) It is not the purpose of the act to interfere with the duties of the Public Counsel or the Legislative Fiscal Analyst or to interfere with the statutorily defined investigative responsibilities or prerogative of any executive state officer, agency, board, bureau, commission, association, society, or institution, except that the act shall not be construed to preclude a performance audit of an agency on the basis that another agency has the same responsibility. The act shall not be construed to interfere with or supplant the responsibilities or prerogative of the Governor to monitor and report on the performance of the agencies, boards, bureaus, commissions, associations, societies, and institutions under his or her administrative direction.

For purposes of the Legislative Performance Audit Act:

(1) Agency means any department, board, commission, or other governmental unit of the State of Nebraska acting or purporting to act by reason of connection with the State of Nebraska, including the Office of Probation Administration and the Office of Public Guardian, but does not include (a) any court, (b) the Governor or his or her personal staff, (c) any political subdivision or entity thereof, or (d) any entity of the federal government;

(2) Audit report means the report released by the committee at the conclusion of a performance audit;

(3) Auditor of Public Accounts means the Auditor of Public Accounts whose powers and duties are prescribed in section 84-304;

(4) Business day means a day on which state offices are open for regular business;

(5) Committee means the Legislative Oversight Committee;

(6) Legislative Auditor means the Legislative Auditor appointed under section 50-1204;

(7) Majority vote means a vote by the majority of the committee's members;

(8) Office means the Legislative Audit Office;

(9) Performance audit means an objective and systematic examination of evidence for the purpose of providing an independent assessment of the performance of a government organization, program, activity, or function in order to provide information to improve public accountability and facilitate decisionmaking by parties with responsibility to oversee or initiate corrective action. Performance audits may have a variety of objectives, including the assessment of a program's effectiveness and results, economy and efficiency, internal control, and compliance with legal or other requirements;

(10) Preaudit inquiry means an investigatory process during which the office gathers and examines evidence to determine if a performance audit topic has merit;

(11) Tax incentive performance audit means an evaluation of a tax incentive program pursuant to section 50-1209; and

(12) Working papers means those documents containing evidence to support the office's findings, opinions, conclusions, and judgments and includes planning documents and the collection of evidence prepared or obtained by the office during the performance audit or preaudit inquiry.

(1) The Legislative Audit Office is established within the Division of Legislative Oversight. The office shall conduct performance audits. The Legislative Auditor shall be appointed by the Director of Legislative Oversight with approval from the chairperson of the Executive Board of the Legislative Council and the chairperson of the committee. The Legislative Auditor shall employ such performance audit and support staff as the Legislative Auditor deems necessary to carry out the duties of the office within the amount available by appropriation through the Division of Legislative Oversight for the Legislative Audit Office. The Legislative Auditor shall be subject to the control and supervision of the Director of Legislative Oversight, except that removal of the Legislative Auditor shall require approval of the chairperson of the committee. The Legislative Auditor may also be removed by a two-thirds majority vote of the committee.

(2) The Legislative Auditor shall ensure that performance audit work conducted by the office conforms with performance audit standards contained in the Government Auditing Standards (2024 Revision) as required in section 50-1205.01. The office shall be the custodian of all records generated by the office except as provided by section 50-1213, subsection (11) of section 77-2711, or subdivision (10)(a) of section 77-27,119. The office shall inform the Legislative Fiscal Analyst of its activities and consult with him or her as needed. The office shall operate under the general direction of the Director of Legislative Oversight and the committee.

The committee shall:

(1) Adopt, by majority vote, procedures consistent with the Legislative Performance Audit Act to govern the business of the committee and the conduct of performance audits;

(2) Ensure that performance audits undertaken by the office are not undertaken based on or influenced by special or partisan interests;

(3) Review performance audit requests and select, by majority vote, agencies or agency programs for performance audit;

(4) Review, amend, if necessary, and approve a scope statement and an audit plan for each performance audit;

(5) Respond to inquiries regarding performance audits;

(6) Inspect or approve the inspection of the premises, or any parts thereof, of any agency or any property owned, leased, or operated by an agency as frequently as is necessary in the opinion of the committee to carry out a performance audit or preaudit inquiry;

(7) Inspect and examine, or approve the inspection and examination of, the records and documents of any agency as a part of a performance audit or preaudit inquiry;

(8) At the request of the Legislative Auditor, issue subpoenas, enforceable by action in an appropriate court, to compel any person to appear, give sworn testimony, or produce documentary or other evidence deemed relevant to a performance audit as provided in section 50-1216;

(9) Review completed reports prepared by the office, together with comments from the evaluated agency, and adopt recommendations and incorporate them into an audit report;

(10) Release audit reports to the public and distribute them electronically to the Clerk of the Legislature with or without benefit of a public hearing;

(11) Hold public hearings, at the committee's discretion, for the purpose of receiving testimony prior to issuance of audit reports;

(12) Establish a system to ascertain and monitor an agency's implementation of the recommendations contained in audit reports and compliance with any statutory changes resulting from the recommendations;

(13) Issue an annual report each September, to be prepared by the Legislative Auditor and approved by the committee, summarizing recommendations made pursuant to audit reports during the previous fiscal year and the status of implementation of those recommendations;

(14) Consult with the Director of Legislative Oversight and the Legislative Auditor regarding the staffing and budgetary needs of the office;

(15) Approve or reject, within the budgetary limits of the office, contracts to retain consultants to assist with performance audits requiring specialized knowledge or expertise. Requests for consultant contracts shall be approved by the Legislative Auditor and presented to the committee by the Legislative Auditor. A majority vote shall be required to approve consultant contract requests. For purposes of section 50-1213, subsection (11) of section 77-2711, and subsections (10) through (13) of section 77-27,119, any consultant retained to assist with a performance audit or preaudit inquiry shall be considered an employee of the office during the course of the contract; and

(16) At its discretion, and with the agreement of the Auditor of Public Accounts, conduct joint fiscal or performance audits with the Auditor of Public Accounts. The details of any joint audit shall be agreed upon in writing by the committee and the Auditor of Public Accounts.

(1) Except as provided in subsections (2) and (3) of this section, performance audits done under the terms of the Legislative Performance Audit Act shall be conducted in accordance with the generally accepted government auditing standards for performance audits contained in the Government Auditing Standards (2024 Revision), published by the Comptroller General of the United States, Government Accountability Office.

(2) Standards requiring continuing education for employees of the office shall be met as practicable based on the availability of training funds.

(3) The frequency of the required external quality control review shall be determined by the committee.

(4) At the beginning of each biennial legislative session, the Legislative Auditor shall create a plan for meeting such standards and provide the plan to the chairperson of the committee.

(1) Requests for performance audits may be made by the Governor, any other constitutional officer of the State of Nebraska, any member of the Legislature, the Director of Legislative Oversight, the Legislative Auditor, the Legislative Fiscal Analyst, or the Director of Research of the Legislature.

(2) Performance audit requests shall be submitted to the committee chairperson or Legislative Auditor by letter or on a form developed by the Legislative Auditor.

(3) When considering a performance audit request, if the committee determines that the request has potential merit but insufficient information is available, it may, by majority vote, instruct the Legislative Auditor to conduct a preaudit inquiry.

(4) Upon completion of the preaudit inquiry, the committee chairperson shall place the request on the agenda for the committee's next meeting and shall notify the request sponsor of that action.

(5) Tax incentive performance audits shall be initiated as provided in section 50-1209.

The committee may develop criteria to be used to screen requests for performance audits. The committee shall consult with the Legislative Auditor in the application of the screening criteria.

(1) The committee shall, by majority vote, adopt requests for performance audit. The committee chairperson shall notify each requester of any action taken on his or her request.

(2) Before the office begins a performance audit, it shall notify in writing the agency director, the program director, when relevant, and the Governor that a performance audit will be conducted.

(3) Following notification, the office shall arrange an entrance conference to provide the agency with further information about the audit process. The agency director shall inform the agency staff, in writing, of the performance audit and shall instruct agency staff to cooperate fully with the office.

(4) After the entrance conference, the office shall conduct the research necessary to draft a scope statement for consideration by the committee. The scope statement shall identify the specific issues to be addressed in the audit. The committee shall, by majority vote, adopt, reject, or amend and adopt the scope statement prepared by the office.

(5) Once the committee has adopted a scope statement, the office shall develop an audit plan. The audit plan shall include a description of the research and audit methodologies to be employed and a projected deadline for completion of the office's report. The audit plan shall be submitted to the committee, and a majority vote shall be required for its approval. Upon approval of the audit plan, the agency shall be notified in writing of the specific scope of the audit and the projected deadline for completion of the office's report. If the office needs information from a political subdivision or entity thereof to effectively conduct a performance audit of an agency, the political subdivision or entity thereof shall provide information, on request, to the office.

(6) If the performance audit reveals a need to modify the scope statement or audit plan, the Legislative Auditor may request that the committee make revisions. A majority vote shall be required to revise the scope statement or audit plan. The agency shall be notified in writing of any revision to the scope statement or audit plan.

(1) Tax incentive performance audits shall be conducted by the office pursuant to this section on the following tax incentive programs:

(a) The Beginning Farmer Tax Credit Act;

(b) The ImagiNE Nebraska Act;

(c) The Nebraska Advantage Microenterprise Tax Credit Act;

(d) The Nebraska Advantage Research and Development Act;

(e) The Nebraska Advantage Rural Development Act;

(f) The Nebraska Job Creation and Mainstreet Revitalization Act;

(g) The New Markets Job Growth Investment Act;

(h) The Urban Redevelopment Act; and

(i) Any other tax incentive program created by the Legislature for the purpose of recruitment or retention of businesses in Nebraska. In determining whether a future tax incentive program is enacted for the purpose of recruitment or retention of businesses, the office shall consider legislative intent, including legislative statements of purpose and goals, and may also consider whether the tax incentive program is promoted as a business incentive by the Department of Economic Development or other relevant state agency.

(2) The office shall develop a schedule for conducting tax incentive performance audits and shall update the schedule annually. The schedule shall ensure that each tax incentive program is reviewed at least once every five years.

(3) Each tax incentive performance audit conducted by the office pursuant to this section shall include the following:

(a) If applicable, an analysis of whether the tax incentive program is meeting the following goals:

(i) Strengthening the state's economy overall by:

(A) Attracting new business to the state;

(B) Expanding existing businesses;

(C) Increasing employment, particularly employment of full-time workers. The analysis shall consider whether the job growth in those businesses receiving tax incentives is at least ten percent above industry averages;

(D) Creating high-quality jobs; and

(E) Increasing business investment;

(ii) Revitalizing rural areas and other distressed areas of the state;

(iii) Diversifying the state's economy and positioning Nebraska for the future by stimulating entrepreneurial firms, high-tech firms, and renewable energy firms; and

(iv) Any other program-specific goals found in the statutes for the tax incentive program being evaluated;

(b) An analysis of the economic and fiscal impacts of the tax incentive program. The analysis may take into account the following considerations in addition to other relevant factors:

(i) The costs per full-time worker. When practical and applicable, such costs shall be considered in at least the following two ways:

(A) By an estimation including the minimum investment required to qualify for benefits; and

(B) By an estimation including all investment;

(ii) The extent to which the tax incentive changes business behavior;

(iii) The results of the tax incentive for the economy of Nebraska as a whole. This consideration includes both direct and indirect impacts generally and any effects on other Nebraska businesses; and

(iv) A comparison to the results of other economic development strategies with similar goals, other policies, or other incentives;

(c) An assessment of whether adequate protections are in place to ensure the fiscal impact of the tax incentive does not increase substantially beyond the state's expectations in future years;

(d) An assessment of the fiscal impact of the tax incentive on the budgets of local governments, if applicable; and

(e) Recommendations for any changes to statutes or rules and regulations that would allow the tax incentive program to be more easily evaluated in the future, including changes to data collection, reporting, sharing of information, and clarification of goals.

(4) For purposes of this section:

(a) Distressed area means an area of substantial unemployment as determined by the Department of Labor pursuant to the Nebraska Workforce Innovation and Opportunity Act;

(b) Full-time worker means an individual (i) who usually works thirty-five hours per week or more, (ii) whose employment is reported to the Department of Labor on two consecutive quarterly wage reports, and (iii) who earns wages equal to or exceeding the state minimum wage;

(c) High-quality job means a job that:

(i) Averages at least thirty-five hours of employment per week;

(ii) Is reported to the Department of Labor on two consecutive quarterly wage reports; and

(iii) Earns wages that are at least ten percent higher than the statewide industry sector average and that equal or exceed:

(A) One hundred ten percent of the Nebraska average weekly wage if the job is in a county with a population of less than one hundred thousand inhabitants; or

(B) One hundred twenty percent of the Nebraska average weekly wage if the job is in a county with a population of one hundred thousand inhabitants or more;

(d) High-tech firm means a person or unitary group that has a location with any of the following four-digit code designations under the North American Industry Classification System as assigned by the Department of Labor: 3341, 3342, 3344, 3345, 3364, 5112, 5182, 5191, 5413, 5415, or 5417;

(e) Nebraska average weekly wage means the most recent average weekly wage paid by all employers in all counties in Nebraska as reported by the Department of Labor by October 1 of each year;

(f) New business means a person or unitary group participating in a tax incentive program that did not pay income taxes or wages in the state more than two years prior to submitting an application under the tax incentive program. For any tax incentive program without an application process, new business means a person or unitary group participating in the program that did not pay income taxes or wages in the state more than two years prior to the first day of the first tax year for which a tax benefit was earned;

(g) Renewable energy firm means a person or unitary group that has a location with any of the following six-digit code designations under the North American Industry Classification System as assigned by the Department of Labor: 111110, 111150, 111199, 111930, 111991, 113310, 221111, 221113, 221114, 221115, 221116, 221117, 221118, 221121, 221122, 221330, 237130, 237990, 325193, 331511, 331512, 331513, 331523, 331524, 331529, 332111, 332112, 333511, 333611, 333612, 333613, 334519, 423830, 482111, 484230, 488510, 541360, 541370, 541620, 541690, 541714, or 541715;

(h) Rural area means any village or city of the second class in this state or any county in this state with fewer than twenty-five thousand residents; and

(i) Unitary group has the same meaning as in section 77-2734.04.

(1)(a) Upon completion of a performance audit, the office shall prepare a report of its findings and recommendations for action. Except as provided in subdivision (b) of this subsection, the Legislative Auditor shall provide the office's report concurrently to the committee, Director of Legislative Oversight, agency director, and Legislative Fiscal Analyst. The committee may, by majority vote, release the office's report or portions thereof to other individuals, with the stipulation that the released material shall be kept confidential.

(b) To protect taxpayer confidentiality, for tax incentive performance audits conducted under section 50-1209, the Legislative Auditor may provide the office's report to the agency director up to five business days prior to providing it to the committee, Director of Legislative Oversight, and Legislative Fiscal Analyst.

(2) When the Legislative Auditor provides the report to the Legislative Fiscal Analyst, the Legislative Fiscal Analyst shall issue an opinion to the committee indicating whether the office's recommendations can be implemented by the agency within its current appropriation.

(3) When the Legislative Auditor provides the report to the agency, the agency shall have twenty business days from the date of receipt of the report to provide a written response. Any written response received from the agency shall be attached to the audit report. The agency shall not release any part of the report to any person outside the agency, except that an agency may discuss the report with the Governor. The Governor shall not release any part of the report.

(4) Following receipt of any written response from the agency, the Legislative Auditor shall prepare a brief written summary of the response, including a description of any significant disagreements the agency has with the office's report or recommendations.

(1) The committee shall review the office's report, the agency's response, the Legislative Auditor's summary of the agency's response, and the Legislative Fiscal Analyst's opinion prescribed in section 50-1210. The committee may amend and shall adopt or reject each recommendation in the report and indicate whether each recommendation can be implemented by the agency within its current appropriation. The adopted recommendations shall be incorporated into an audit report, which shall be approved by majority vote.

(2) The audit report shall include, but not be limited to, the office's report, the agency's written response to the report, the Legislative Auditor's summary of the agency response, the committee's recommendations, and any opinions of the Legislative Fiscal Analyst regarding whether the committee's recommendations can be implemented by the agency within its current appropriation.

(3) The committee may decide, by majority vote, to defer adoption of an audit report pending a public hearing. If the committee elects to schedule a public hearing, the committee shall release, for review by interested persons prior to the hearing, the office's report, the agency's response, the Legislative Auditor's summary of the agency's response, and any opinions of the Legislative Fiscal Analyst. The public hearing shall be held not less than ten nor more than twenty business days following release of the materials.

(4) When the committee elects to schedule a hearing, a summary of the testimony received at the hearing shall be attached to the audit report as an addendum. A transcript of the testimony received at the hearing shall be on file with the committee and available for public inspection. Unless the committee votes to delay release of the audit report, the report shall be released within forty business days after the public hearing.

(5) Once the committee has approved an audit report, the committee shall, by majority vote, cause the audit report to be released to all members of the Legislature and to the public. The report submitted to the members of the Legislature shall be submitted electronically. The committee may, by majority vote, release the audit report or portions thereof prior to public release of the report. Each tax incentive performance audit report may also be presented at a joint hearing of the Appropriations Committee and Revenue Committee of the Legislature.

(1) Within forty business days following the release of the audit report, the agency shall provide to the committee a written implementation plan describing the action planned and timeframe for accomplishment of each of the recommendations contained in the audit report, except that the committee may waive such requirement for tax incentive performance audits.

(2) The agency director shall make every effort to fully implement the recommendations that can be implemented within the limits of the agency's current appropriation. For those recommendations which require additional appropriations or the drafting of legislation, the committee shall work with the appropriate standing committee of the Legislature to ensure legislation is introduced.

(3) The committee shall establish a system to ascertain and monitor agency conformity to the recommendations contained in the audit report and compliance with any statutory changes resulting from the report recommendations.

(4) Based on the tax incentive performance audit report, the Revenue Committee of the Legislature shall electronically report its recommendation about whether to extend the sunset date for the audited program to the Legislature by December 1 of the year prior to such program's sunset date.

(1) The office shall have access to any and all information and records, confidential or otherwise, of any agency, in whatever form they may be, including, but not limited to, direct access to all agency databases containing relevant program information or data, unless the office is denied such access by federal law or explicitly named and denied such access by state law. If such a law exists, the agency shall provide the committee with a written explanation of its inability to produce such information and records and, after reasonable accommodations are made, shall grant the office access to all information and records or portions thereof that can legally be reviewed. Accommodations that may be negotiated between the agency and the committee include, but are not limited to, a requirement that specified information or records be reviewed on agency premises and a requirement that specified working papers be securely stored on agency premises.

(2) Upon receipt of a written request by the office for access to any information or records, the agency shall provide to the office as soon as is practicable and without delay, but not more than three business days after actual receipt of the request, either (a) the requested materials or (b)(i) if there is a legal basis for refusal to comply with the request, a written denial of the request together with the information specified in subsection (1) of this section or (ii) if the entire request cannot with reasonable good faith efforts be fulfilled within three business days after actual receipt of the request due to the significant difficulty or the extensiveness of the request, a written explanation, including the earliest practicable date for fulfilling the request, and an opportunity for the office to modify or prioritize the items within the request. No delay due to the significant difficulty or the extensiveness of a request for access to information or records shall exceed three calendar weeks after actual receipt of such request by any agency. The three business days shall be computed by excluding the day the request is received, after which the designated period of time begins to run. Business day does not include a Saturday, a Sunday, or a day during which the offices of the custodian of the public records are closed.

(3) Except as provided in this section, any confidential information or confidential records shared with the office shall remain confidential and shall not be shared by an employee of the office with any person who is not an employee of the office, including any member of the committee.

(4) Except as provided in subsection (11) of section 77-2711 and subdivision (10)(d) of section 77-27,119, if any employee of the office knowingly divulges or makes known, in any manner not permitted by law, confidential information or confidential records, it shall be grounds for dismissal.

(5) No proceeding of the committee or opinion or expression of any member of the committee or office employee acting at the direction of the committee shall be reviewable in any court. No member of the committee or office employee acting at the direction of the committee shall be required to testify or produce evidence in any judicial or administrative proceeding concerning matters relating to the work of the office except in a proceeding brought to enforce the Legislative Performance Audit Act.

(6) Pursuant to sections 84-712 and 84-712.01 and subdivision (5) of section 84-712.05, the working papers obtained or produced by the committee or office and correspondence between the office and an audited agency shall not be considered public records. The committee may make the working papers available for purposes of an external quality control review as required by generally accepted government auditing standards. However, any reports made from such external quality control review shall not make public any information which would be considered confidential when in the possession of the office.

(1) By majority vote, the committee may decide not to include in any document that will be a public record the names of persons providing information to the office or committee.

(2) No employee of the State of Nebraska who provides information to the committee or office shall be subject to any personnel action, as defined in section 81-2703, in connection with his or her employment as a result of the provision of such information.

(3) Any person exercising his or her supervisory or managerial authority to recommend, approve, direct, or otherwise take or affect personnel action in violation of subsection (2) of this section shall be guilty of a Class III misdemeanor and shall be subject to personnel action up to and including dismissal from employment with the state.

Any person who willfully fails to comply with the provisions of section 50-1213 or who otherwise willfully obstructs or hinders the conduct of a performance audit or preaudit inquiry or who willfully misleads or attempts to mislead any person charged with the duty of conducting a performance audit or preaudit inquiry shall be guilty of a Class II misdemeanor.

(1) At the request of the Legislative Auditor, and after receiving prior approval by a majority vote of the Executive Board of the Legislative Council, the committee may issue subpoenas in connection with a performance audit being conducted by the office to compel the production of records and information and sworn testimony or other evidence relevant to such performance audit. The committee shall vote to determine whether to issue a subpoena within ten days after receipt of the request.

(2) When authorized to issue subpoenas under this section, the committee may require any employees of any agency to provide the records or information requested within thirty days after the request, except as otherwise provided for in the subpoena, or to appear at a hearing on the date set in the subpoena.

(3) Litigation to compel or quash compliance with the authority exercised pursuant to this section shall be advanced on the trial docket and heard and decided by the court as quickly as possible. The court shall issue its decision no later than twenty days after the filing of the application or petition or a motion to quash, whichever is filed first. Either party may appeal to the Court of Appeals within ten days after a decision is rendered.

(4) The district court of Lancaster County has jurisdiction over all litigation arising under this section. In all such litigation, the executive board shall provide for legal representation for the committee.

(5) In case of disobedience on the part of any employees of any agency to comply with any subpoena issued pursuant to this section, the committee shall vote on whether to find the person in contempt or to find that the failure to comply was not willful.

(6) If the committee finds a person in contempt as provided in subsection (5) of this section, the committee may, by application or petition to the district court of Lancaster County, request that the court compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court. The application or petition shall be filed by the chairperson of the committee.

(7) A person required to provide information under this section shall be paid the same fees and travel allowances and shall be accorded the same privileges and immunities as are extended to witnesses in the district courts of this state and shall also be entitled to have counsel present while being questioned. Consistent with the Nebraska Rules of Professional Conduct, counsel for the agency that is the subject of the performance audit shall not represent a witness. A witness may request that agency counsel be present while being questioned, but the agency shall not require a witness to make such a request. If such a request is made, the agency shall inform the witness that agency counsel does not represent the witness. Any fees associated with counsel present under this section shall not be the responsibility of the office or the Legislative Council.

The Legislature finds that state government actions have produced an increase in the numbers of boards, commissions, and similar entities that support, advise, direct, or administer various state programs. The process has evolved without sufficient legislative and executive oversight and without a system of checks and balances. Because the Legislature is responsible for the expenditure of public money and the shaping of the administration of state government and is held accountable for fiscal policy, the Legislature should also be responsible for the termination, continuation, or modification of such boards, commissions, and similar entities so that it may be assured that its directives have been faithfully carried out.

(1) Every four years, beginning in 2008, the Government, Military and Veterans Affairs Committee of the Legislature shall prepare and publish a report pertaining to boards, commissions, and similar entities created by law that are made part of or are placed in the executive branch of state government. The committee may also include entities created by executive order or by an agency director. The report shall be submitted electronically to the Legislature on December 1 of such year.

(2) The report shall include, but not be limited to, the following:

(a) The name of each board, commission, or similar entity;

(b) The name of a parent agency, if any;

(c) The statutory citation or other authorization for the creation of the board, commission, or entity;

(d) The number of members of the board, commission, or entity and how the members are appointed;

(e) The qualifications for membership on the board, commission, or entity;

(f) The number of times the board, commission, or entity is required to meet during the year and the number of times it actually met;

(g) Budget information of the board, commission, or entity for the four most recently completed fiscal years; and

(h) A brief summary of the accomplishments of the board, commission, or entity for the past four years.

(1) The Government, Military and Veterans Affairs Committee of the Legislature may randomly select and conduct an evaluation of any board, commission, or similar entity. An evaluation conducted by the committee shall include, but not be limited to, the following:

(a) A review of the basic assumptions underlying the creation of the board, commission, or entity;

(b) A statement of the impact and effectiveness of the programs, policies, services, or activities administered by, or under the supervision of, the board, commission, or entity; and

(c) A recommendation as to whether the board, commission, or entity should be terminated, continued, or modified.

(2) If the committee believes that a more extensive evaluation of a board, commission, or entity is necessary, the chairperson of the committee, on the committee's behalf, may request the Legislative Oversight Committee to conduct a performance audit pursuant to the Legislative Performance Audit Act. Nothing in this section shall be construed to give requests for performance audits under this section priority over other requests under consideration by the Legislative Oversight Committee.

(1) All agencies, boards, commissions, and departments of the state shall furnish such information, reports, aid, services, and assistance as may be requested by any standing committee of the Legislature in the performance of its duties. A standing committee may issue subpoenas as provided in subsection (3) of section 50-406 to obtain such information, reports, aid, services, and assistance.

(2) The Government, Military and Veterans Affairs Committee of the Legislature shall use its staff and may also request assistance from the Director of Research of the Legislature, the Legislative Fiscal Analyst, or any other division within the Legislature as may be necessary in the performance of the duties set forth in sections 50-1301 to 50-1304.

The Legislature finds and declares that:

(1) State government has significant challenges to face. An ever-changing global economy, an aging population, outmigration of educated young people, and constantly expanding needs for services, among other issues, require that the Legislature consider the long-term trends and factors affecting the welfare of Nebraskans and the long-term implications of the decisions made by the members of the Legislature;

(2) It is necessary for the Legislature to identify emerging trends, assets, and challenges of the state;

(3) It is vital for Nebraska to have continuity in policy;

(4) It is necessary to establish a process of long-term state planning within the Legislature; and

(5) It is the duty of the Legislature to assess the long-range needs of Nebraska and to adopt legislation which meets those needs.

The Legislature's Planning Committee is hereby established as a special legislative committee to exercise the authority and perform the duties provided for in this section. The committee shall be comprised of the Speaker of the Legislature, the chairperson of the Executive Board of the Legislative Council, the chairperson of the Appropriations Committee of the Legislature, and six other members of the Legislature to be chosen by the Executive Board of the Legislative Council. The executive board shall ensure that the Legislature's Planning Committee includes adequate geographic representation. The chairperson and vice-chairperson of the committee shall be elected by majority vote of the committee. The committee shall be subject to all rules prescribed by the Legislature. The initial members of the committee shall be appointed as soon as possible after May 14, 2009, and thereafter the committee shall be appointed at the beginning of each regular legislative session and shall meet as needed. The committee shall have staff support from the various legislative divisions and staff.

The Legislature's Planning Committee shall:

(1) Collect and analyze data about Nebraska, including, but not limited to, demographics, workforce, education, wages, wealth, tax structure, revenue, natural resources, assets, challenges, trends, and growth and efficiency of government;

(2) Identify long-term issues significant to the state;

(3) Set goals and benchmarks;

(4) Issue a yearly report of its findings; and

(5) Propose legislation.

In order to fulfill its duties, the Legislature's Planning Committee may:

(1) Hold public hearings;

(2) Obtain data and information from state agencies, the University of Nebraska, and private entities that contract with the state;

(3) Contract for assistance, including consultants, with the approval of the Executive Board of the Legislative Council; and

(4) Exercise any other authority or powers as granted from time to time by the executive board.

Sections 50-1501 to 50-1520 shall be known and may be cited as the Legislative Qualifications and Election Contests Act.

For purposes of the Legislative Qualifications and Election Contests Act:

(1) Committee means the committee of the Legislature designated by the Legislature to conduct proceedings regarding a petition filed under the act;

(2) Petitioner means a candidate whose name appeared on the ballot at a general election to represent a legislative district as a member of the Legislature who files a petition under the act; and

(3) Respondent member means a candidate proclaimed duly elected to represent the legislative district for which the petitioner was seeking election.

The Legislative Qualifications and Election Contests Act applies to any contest of the election of a member of the Legislature and any challenge of the qualifications of a member of the Legislature.

(1) An election contest pursuant to the Legislative Qualifications and Election Contests Act shall only determine which candidate was properly elected to the Legislature and is entitled to be seated. The election contest shall place in issue only the validity of the results of the election.

(2) A qualifications challenge pursuant to the act shall only determine whether a person elected to the Legislature is qualified to hold or retain the seat for which elected. The qualifications challenge shall place in issue only the qualifications of the person elected as a member of the Legislature under the Constitution of Nebraska.

Only an unsuccessful candidate whose name appeared on the ballot in the general election to represent a legislative district as a member of the Legislature may contest the election or challenge the qualifications of the person elected as a member of the Legislature to represent that legislative district.

(1) The contest of an election or challenge of the qualifications of a person elected as a member of the Legislature by an unsuccessful candidate shall be considered at the next regular session of the Legislature following the general election.

(2) The election contest or qualifications challenge shall be heard and determined in accordance with the Legislative Qualifications and Election Contests Act and the Rules of the Nebraska Unicameral Legislature.

When an election contest or qualifications challenge is pending pursuant to the Legislative Qualifications and Election Contests Act, the respondent member may qualify and take office at the time specified by law and exercise the duties of the office until the election contest or qualifications challenge is decided. If the election contest or qualifications challenge is decided against such member, the Legislature shall order him or her to give up the office to the petitioner in the election contest or qualifications challenge and deliver to the petitioner all books, records, papers, property, and effects pertaining to the office. The Legislature may enforce such order by attachment or other proper legal process.

The petitioner shall have the burden of proving that the respondent member was not properly elected or qualified to hold office at the time of the election by clear and convincing evidence.

If the date for filing or completion of an act under the Legislative Qualifications and Election Contests Act falls on a Saturday, Sunday, or legal holiday, the next business day shall be the deadline for filing or completing the act.

All filings with the Clerk of the Legislature pursuant to the Legislative Qualifications and Election Contests Act, including pleadings, responses, and motions, shall be served upon each of the parties and shall contain a complete certificate of service.

(1) A petition to contest the election or challenge the qualifications of a person elected as a member of the Legislature shall be filed with the Clerk of the Legislature within forty calendar days after the general election at which the respondent member was elected, and a copy of the petition shall be personally served on the respondent member. The petition shall be verified by affidavit swearing to the truth of the allegations or based on information and belief. The petitioner shall include with the petition filed with the Clerk of the Legislature proof of personal service upon the respondent member.

(2)(a) A petition to contest the election shall contain the names of the voters whose votes are contested, the grounds upon which such votes are illegal, a full statement of any other grounds upon which the election is contested, and the standing of the petitioner to contest the election.

(b) A petition to challenge qualifications shall contain the constitutional grounds on which the respondent member is alleged to be unqualified and the standing of the petitioner to challenge the respondent member’s qualifications.

(1) A petition to contest the election or challenge the qualifications of a member shall only be amended once within the time period for filing the initial petition under section 50-1511. An amended petition shall be filed with the Clerk of the Legislature and personally served on the respondent member and shall meet all the elements required for an initial petition.

(2) A petition which is filed or amended after the filing deadline in section 50-1511 or which fails to meet any of the requirements of the Legislative Qualifications and Election Contests Act shall be void, and any rights related thereto shall expire by operation of law.

The petitioner shall file with the Clerk of the Legislature, within five calendar days after filing the petition pursuant to section 50-1511, a bond with security approved by the Clerk of the Legislature conditioned to pay all costs incurred by the Legislature if the election is confirmed or the qualifications of the respondent member are confirmed. The bond shall be in an amount of at least ten thousand dollars as determined by the Clerk of the Legislature. If the Clerk of the Legislature determines that the bond is inadequate, he or she may order an increase in the amount of the bond at any stage of the proceedings.

The respondent member may file a response to the petition filed pursuant to section 50-1511 with the Clerk of the Legislature within ten calendar days after receipt of service of the petition. If the respondent member files a response, he or she shall also serve a copy of the response on the petitioner within such ten-day period.

The prevailing party may request from the opposing party or the state the recovery of attorney’s fees and costs incurred in bringing or defending a petition to contest an election or challenge qualifications under the Legislative Qualifications and Election Contests Act. The request shall be filed with the Clerk of the Legislature within fifteen calendar days after the filing of the final report regarding the petition. The request shall include a detailed report of attorney’s fees and costs incurred by the prevailing party. The committee may decide that the prevailing party should receive attorney’s fees and costs. Any sum awarded shall be reasonable, just, and proper.

(1) The election of a person to represent a legislative district as a member of the Legislature may be contested for any or all of the following grounds:

(a) For misconduct, fraud, or corruption on the part of an election commissioner, a county clerk, an inspector, a judge or clerk of election, a member of a counting or canvassing board, or an employee of the election commissioner or county clerk sufficient to change the result;

(b) If the respondent member has given or offered to any voter or an election commissioner, a county clerk, an inspector, a judge or clerk of election, a member of a counting or canvassing board, or an employee of the election commissioner or county clerk any bribe or reward in money, property, or thing of value for the purpose of procuring his or her election;

(c) If illegal votes have been received or legal votes rejected at the polls sufficient to change the results;

(d) For any error of any board of canvassers in counting the votes or in declaring the result of the election if the error would change the result;

(e) If the respondent member is in default as a collector and custodian of public money or property; or

(f) For any other cause which shows that another person was legally elected.

(2) When the misconduct is on the part of an election commissioner, a county clerk, an inspector, a judge or clerk of election, a member of a counting or canvassing board, or an employee of the election commissioner or county clerk, it shall be insufficient to set aside the election unless the vote of the county or precinct would change the result as to that office.

The Legislature or the committee before which a contested election is pending may issue a writ to the election commissioner or county clerk of the county in which the contested election was held commanding him or her to open, count, compare with the list of voters, and examine in his or her office the ballots which were cast at the election in contest and to certify the result of such count, comparison, and examination to the Legislature.

Any writ issued pursuant to section 50-1517 shall be served without delay on the election commissioner or county clerk by the sheriff of his or her county. The election commissioner or county clerk shall at once fix a day, not more than thirty calendar days after the date of the receipt of such writ, on which he or she will proceed to open such ballots and shall cause notice in writing of the day so fixed to be served on the petitioner or his or her attorney and the respondent member or his or her attorney at least five calendar days before such day. Such notice may be served in the manner provided in section 25-505.01.

(1) The Legislature may establish rules and procedures for the recount of ballots. Such rules and procedures may provide for delivery by the election commissioner or county clerk, to the Legislature or the committee, of the ballots or notarized copies of the ballots which were cast at the election in contest. The Legislature shall return such ballots or notarized copies of such ballots to the election commissioner or county clerk at the conclusion of the election contest.

(2) The election commissioner or county clerk shall permit the petitioner, the respondent member, and the attorneys for the parties to fully examine the ballots. The election commissioner or county clerk shall make return to the writ, under his or her hand and official seal, of all the facts which either of the parties may desire and which appear from the ballots to affect or relate to the contested election. After the examination of the ballots is completed, the election commissioner or county clerk shall again securely seal the ballots as they were and preserve and destroy them as provided by law in the same manner as if they had not been opened. The certificate of the election commissioner or county clerk certifying the total number of votes received by a candidate shall be prima facie evidence of the facts stated in the certificate, but the persons present at the examination of the ballots may be heard as witnesses to contradict the certificate.

Pursuant to Article III, section 10, of the Constitution of Nebraska, the Legislature is vested with the jurisdiction to hear any challenge to the qualifications of a member of the Legislature and is the judge of the elections, returns, and qualifications of its members.

(1) The Infrastructure Review Task Force is created.

(2) The task force shall:

(a) Review and analyze Nebraska's transportation infrastructure network;

(b) Examine and consider Nebraska's historic transportation infrastructure development efforts and expected future transportation infrastructure needs;

(c) Utilize information and research available from the annual report on the needs of the state highway system prepared by the Department of Transportation and any other information or resources available to the department;

(d) Examine the status and condition of Nebraska's transportation infrastructure with consideration given to highway safety concerns and make recommendations as to how Nebraska might maintain and ensure safe transportation infrastructure now and in the future;

(e) Consider transportation through the lens of its economic impact on Nebraska; and

(f) Research any federal funding that may be available to Nebraska and make recommendations as to how Nebraska might obtain and use such funds.

(3)(a) The task force consists of the following members:

(i) The Governor;

(ii) A designee of the Governor;

(iii) The chairperson of the Revenue Committee of the Legislature;

(iv) The chairperson of the Transportation and Telecommunications Committee of the Legislature;

(v) The Speaker of the Legislature;

(vi) The Director-State Engineer;

(vii) The Tax Commissioner; and

(viii) Three members of the Legislature appointed by the Executive Board of the Legislative Council.

(b) Members of the task force who are not members of the Legislature shall be nonvoting, ex officio members.

(4) The chairperson of the task force shall be the chairperson of the Revenue Committee of the Legislature. Any staff support needed for the task force shall be fulfilled by the staff of the Revenue Committee of the Legislature.

(5) The members of the task force shall serve on the task force without compensation.

(6) On or before December 1 of each year, the task force shall submit a report containing the results of its work study and its recommendations, if any, together with drafts of legislation necessary to carry out its recommendations. The reports shall be submitted electronically to the Clerk of the Legislature.

(1) The Legislative Oversight Committee is hereby established as a special legislative committee to exercise the authority and perform the duties provided for in the Legislative Performance Audit Act, the Office of Inspector General of Nebraska Child Welfare Act, and the Office of Inspector General of the Nebraska Correctional System Act. The committee shall be composed of the Speaker of the Legislature, the chairperson of the Executive Board of the Legislative Council, the chairperson of the Appropriations Committee of the Legislature, the chairperson of the Judiciary Committee of the Legislature, the chairperson of the Health and Human Services Committee of the Legislature, and four other members of the Legislature to be chosen by the Executive Board of the Legislative Council. The executive board shall ensure that the Legislative Oversight Committee includes adequate geographic representation. The chairperson and vice-chairperson of the Legislative Oversight Committee shall be elected by a majority vote of the committee.

(2) For purposes of tax incentive performance audits authorized under the Legislative Performance Audit Act, the committee shall also include as nonvoting members the chairperson of the Revenue Committee of the Legislature or his or her designee and one other member of the Revenue Committee, as selected by the Revenue Committee.

(3) The Legislative Oversight Committee shall be subject to all rules prescribed by the Legislature. The committee shall be reconstituted at the beginning of each Legislature and shall meet as needed.

The Legislative Oversight Committee shall:

(1) Oversee all aspects of the Division of Legislative Oversight without regard to special or partisan interests and in accordance with relevant standards and guidelines;

(2) Direct the work of the division through the approval of annual work plans and by ensuring that such work is carried out in accordance with relevant statutes;

(3) Approve key performance indicators for the division;

(4) Receive quarterly briefings from the Director of Legislative Oversight or other division staff; and

(5) Carry out the committee's duties under the Legislative Performance Audit Act, the Office of Inspector General of Nebraska Child Welfare Act, and the Office of Inspector General of the Nebraska Correctional System Act.

The Legislature finds and declares that:

(1) It is within the inherent power of the Legislature to secure needed information in order to legislate, hold hearings, and conduct investigations of matters related to the operation of state government. This power of inquiry is broad and indispensable;

(2) Article IV, section 23, of the Constitution of Nebraska specifically provides that the Legislature may at any time require that information be provided to it from the officers and employees of state agencies relating to the condition, management, and expenses of their respective offices; and

(3) In order to assist the members of the Legislature in exercising their inherent, constitutional, and statutory authority to conduct investigations and provide oversight of the various agencies, branches, departments, boards, bureaus, commissions, councils, subunits, and committees of Nebraska state government, and to assist in the development of legislation to improve and enhance the operation of state government, the Legislature created the Division of Legislative Oversight.

(1) The Division of Legislative Oversight is established within the Legislative Council. The division shall be responsible for conducting assessments, investigations, audits, inspections, and other reviews of Nebraska state government to ensure the Legislature is able to carry out its responsibilities to secure needed information to legislate and appropriate. The Director of Legislative Oversight shall be responsible for hiring, firing, and supervising division staff.

(2) Notwithstanding any other provision of law, the Division of Legislative Oversight shall have access to confidential information and confidential records necessary to carry out its responsibilities.

(3) Except as otherwise provided by law, any confidential information or confidential records shared with the Division of Legislative Oversight shall remain confidential and shall not be shared by an employee of the division with any person who is not an employee of the division, including any member of the Legislative Oversight Committee.

(4) The Division of Legislative Oversight and the office of Public Counsel may share confidential information as necessary to carry out the responsibilities of such division and office. Such sharing of confidential information shall include, but not be limited to, the sharing of confidential information when necessary to refer complaints between such division and office and to assist in investigations and the resolution of complaints. The Division of Legislative Oversight and the office of Public Counsel, at the discretion of the Director of Legislative Oversight and the Public Counsel, may coordinate to work jointly on complaints and investigations in circumstances of overlapping jurisdiction.

(5) If any employee of the Division of Legislative Oversight knowingly divulges or makes known, in any manner not permitted by law, confidential information or confidential records, it shall be grounds for dismissal.

(1) The Director of Legislative Oversight shall be appointed by the Legislature, with the vote of two-thirds of the members required for approval of such appointment, from nominations submitted by the Legislative Oversight Committee. The director shall serve for a term of six years, unless removed by a two-thirds vote of the members of the Legislature or, if the Legislature is not in session, by a two-thirds vote of the members of the Legislative Council. If the office of Director of Legislative Oversight becomes vacant for any reason, the chairperson of the Executive Board of the Legislative Council shall appoint an acting director until a successor Director of Legislative Oversight is appointed. The director shall be selected without regard to political affiliation and on the basis of integrity, capability for strong leadership, commitment to government oversight, and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, investigation, or criminal justice administration or other closely related fields. No person may serve as director within two years after the last day on which such person served as a member of the Legislature or while such person is a candidate for or holds any other state office. The director shall receive such salary as is set by the Executive Board of the Legislative Council.

(2) The Director of Legislative Oversight shall:

(a) Develop key performance indicators, with the approval of the Legislative Oversight Committee, for both short-term and long-term legislative oversight of state agencies and programs;

(b) Make recommendations to the Legislative Oversight Committee and the Executive Board of the Legislative Council regarding the duties, responsibilities, and activities of the division and division staff;

(c) Ensure that all assessments, investigations, audits, inspections, and other reviews are conducted by the division without regard to special or partisan interest and in accordance with relevant standards or guidelines; and

(d) Carry out the director's duties under the Legislative Performance Audit Act, the Office of Inspector General of Nebraska Child Welfare Act, and the Office of Inspector General of the Nebraska Correctional System Act.

Sections 50-1801 to 50-1821 shall be known and may be cited as the Office of Inspector General of Nebraska Child Welfare Act.

The Legislature finds and declares that:

(1) It is within the inherent power of the Legislature to secure needed information in order to legislate, hold hearings, and conduct investigations of matters related to the operation of state government. This power of inquiry is broad and indispensable;

(2) Article IV, section 23, of the Constitution of Nebraska specifically provides that the Legislature may at any time require that information be provided to it from the officers and employees of state agencies relating to the condition, management, and expenses of their respective offices; and

(3) In order to establish a full-time program of investigation and oversight of the Nebraska child welfare and juvenile justice systems and assist in the development of legislation related to such systems, the Legislature created the office of Inspector General of Nebraska Child Welfare.

(1) It is the intent of the Legislature that the Office of Inspector General of Nebraska Child Welfare:

(a) Assist in improving operations of the Nebraska child welfare system;

(b) Provide an independent form of inquiry for concerns regarding the actions of individuals and agencies responsible for the care and protection of children and youth in the Nebraska child welfare system. Confusion of the roles, responsibilities, and accountability structures between individuals, private contractors, branches of government, and agencies in the current system make it difficult for the Legislature to monitor and oversee the Nebraska child welfare system; and

(c) Provide a process for investigation and review to determine if individual complaints and issues of investigation and inquiry reveal a problem in the child welfare system, not just individual cases, that necessitates legislative action for improved policies and restructuring of the child welfare system.

(2) It is not the intent of the Legislature in enacting the Office of Inspector General of Nebraska Child Welfare Act to interfere with the duties of the Legislative Auditor or the Legislative Fiscal Analyst or to interfere with the statutorily defined investigative responsibilities or prerogatives of any officer, agency, board, bureau, commission, association, society, or institution of the executive or judicial branch of state government, except that the act does not preclude an inquiry on the sole basis that another agency has the same responsibility. The act shall not be construed to interfere with or supplant the responsibilities or prerogatives of the Governor to investigate, monitor, and report on the activities of the agencies, boards, bureaus, commissions, associations, societies, and institutions of the executive branch under the Governor's administrative direction.

For purposes of the Office of Inspector General of Nebraska Child Welfare Act:

(1) Administrator means a person charged with administration of a program, an office, or a division of the department or administration of a private agency or licensed child care facility or the executive director;

(2) Child welfare system means public and private agencies and parties that provide or effect services or supervision to system-involved children and their families;

(3) Commission means the Nebraska Commission on Law Enforcement and Criminal Justice;

(4) Department means the Department of Health and Human Services;

(5) Director means the chief executive officer of the department;

(6) Executive director means the executive director of the commission;

(7) Inspector General means the Inspector General of Nebraska Child Welfare appointed under section 50-1805;

(8) Juvenile services division means the Juvenile Services Division of the Office of Probation Administration;

(9) Licensed child care facility means a facility or program licensed under the Child Care Licensing Act, the Children's Residential Facilities and Placing Licensure Act, or sections 71-1901 to 71-1906.01;

(10) Malfeasance means a wrongful act that the actor has no legal right to do or any wrongful conduct that affects, interrupts, or interferes with performance of an official duty;

(11) Management means supervision of subordinate employees;

(12) Misfeasance means the improper performance of some act that a person may lawfully do;

(13) Obstruction means hindering an investigation, preventing an investigation from progressing, stopping or delaying the progress of an investigation, or making the progress of an investigation difficult or slow;

(14) Office means the office of Inspector General of Nebraska Child Welfare and includes the Inspector General and other employees of the office;

(15) Private agency means a child welfare agency that contracts with the department or the Office of Probation Administration or contracts to provide services to another child welfare agency that contracts with the department or the Office of Probation Administration;

(16) Record means any recording, in written, audio, electronic transmission, or computer storage form, including, but not limited to, a draft, memorandum, note, report, computer printout, notation, or message, and includes, but is not limited to, medical records, mental health records, case files, clinical records, financial records, and administrative records. Such term does not include any such materials used exclusively as part of a judge's deliberative process; and

(17) Responsible individual means a foster parent, a relative provider of foster care, or an employee of the department, the juvenile services division, the commission, a foster home, a private agency, a licensed child care facility, or another provider of child welfare programs and services responsible for the care or custody of records, documents, and files.

(1) The office of Inspector General of Nebraska Child Welfare is created within the Division of Legislative Oversight for the purpose of conducting investigations, audits, inspections, and other oversight of the Nebraska child welfare system for the Legislature. The Inspector General shall be appointed by the Director of Legislative Oversight with approval from the chairperson of the Executive Board of the Legislative Council, the chairperson of the Legislative Oversight Committee, and the chairperson of the Health and Human Services Committee of the Legislature.

(2) The Inspector General shall be appointed for a term of five years and may be reappointed. The Inspector General shall be selected without regard to political affiliation and on the basis of integrity, capability for strong leadership, and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, investigation, or criminal justice administration or other closely related fields. No former or current executive or manager of the department may be appointed Inspector General within five years after such former or current executive's or manager's period of service with the department. Not later than two years after the date of appointment, the Inspector General shall obtain certification as a Certified Inspector General by the Association of Inspectors General, its successor, or another nationally recognized organization that provides and sponsors educational programs and establishes professional qualifications, certifications, and licensing for inspectors general. During the Inspector General's employment, the Inspector General shall not be actively involved in partisan affairs.

(3) The Inspector General shall employ such investigators and support staff as the Inspector General deems necessary to carry out the duties of the office within the amount available by appropriation through the Division of Legislative Oversight for the office of Inspector General of Nebraska Child Welfare. The Inspector General shall be subject to the control and supervision of the Director of Legislative Oversight, except that removal of the Inspector General shall require approval of the chairperson of the Legislative Oversight Committee. The Inspector General may also be removed by a two-thirds majority vote of the Legislative Oversight Committee.

(1) The office shall investigate:

(a) Allegations or incidents of possible misconduct, misfeasance, malfeasance, or violations of statutes or of rules or regulations of:

(i) The department by an employee of or person under contract with the department, a private agency, a licensed child care facility, a foster parent, or any other provider of child welfare services or which may provide a basis for discipline pursuant to the Uniform Credentialing Act;

(ii) Subject to subsection (5) of this section, the juvenile services division by an employee of or person under contract with the juvenile services division, a private agency, a licensed facility, a foster parent, or any other provider of juvenile justice services;

(iii) The commission by an employee of or person under contract with the commission related to programs and services supported by the Nebraska County Juvenile Services Plan Act, the Community-based Juvenile Services Aid Program, juvenile pretrial diversion programs, or inspections of juvenile facilities; and

(iv) A juvenile detention facility and staff secure juvenile facility by an employee of or person under contract with such facilities;

(b) Death or serious injury in foster homes, private agencies, child care facilities, juvenile detention facilities, staff secure juvenile facilities, and other programs and facilities licensed by or under contract with the department or the juvenile services division when the office, upon review, determines the death or serious injury did not occur by chance;

(c) Death or serious injury in any case in which services are provided by the department or the juvenile services division to a child or the child's parents when the office upon review determines that the death or serious injury did not occur by chance;

(d) Death or serious injury in any case involving an investigation under the Child Protection and Family Safety Act if the investigation took place within the twelve months prior to the death or serious injury and if the office upon review determines the death or serious injury did not occur by chance; and

(e) Any other matter as provided in the annual work plans or key performance indicators approved by the Legislative Oversight Committee pursuant to section 50-1702.

(2) The department, the juvenile services division, each juvenile detention facility, and each staff secure juvenile facility shall report to the office as soon as reasonably possible:

(a) All cases of death or serious injury:

(i) Of a child in a foster home, private agency, child care facility or program, or other program or facility licensed by the department or inspected through the commission;

(ii) In any case in which services are provided to a child or the child's parents; and

(iii) Involving an investigation under the Child Protection and Family Safety Act if the investigation took place within the twelve months prior to the death or serious injury and upon review determines the death or serious injury did not occur by chance; and

(b) All allegations of sexual abuse of a state ward, a juvenile on probation, a juvenile in a detention facility, and a juvenile in a residential child-caring agency.

(3)(a) The Office of Juvenile Services shall report to the office of Inspector General of Nebraska Child Welfare as soon as reasonably possible after any of the following instances occur at a youth rehabilitation and treatment center:

(i) An assault;

(ii) An escape or elopement;

(iii) An attempted suicide;

(iv) Self-harm by a juvenile;

(v) Property damage not caused by normal wear and tear;

(vi) The use of mechanical restraints on a juvenile;

(vii) A significant medical event suffered by a juvenile; and

(viii) Internally substantiated violations of 34 U.S.C. 30301 et seq.

(b) The Office of Juvenile Services and the office of Inspector General of Nebraska Child Welfare shall, if requested by either party, work in collaboration to clarify the specific parameters to comply with subdivision (3)(a) of this section.

(4) The department shall notify the office of Inspector General of Nebraska Child Welfare of any leadership changes within the Office of Juvenile Services and the youth rehabilitation and treatment centers.

(5) With respect to any investigation conducted by the Inspector General pursuant to subdivision (1)(a) of this section that involves possible misconduct by an employee of the juvenile services division, the Inspector General shall immediately notify the probation administrator and provide the information pertaining to potential personnel matters to the Office of Probation Administration.

(6) Any investigation conducted by the Inspector General shall be independent of and separate from an investigation pursuant to the Child Protection and Family Safety Act. The Inspector General and his or her staff are subject to the reporting requirements of the Child Protection and Family Safety Act.

(7) The department shall notify the Inspector General as soon as practicable when a criminal investigation involving a death or serious injury required to be reported to the office under subdivision (2)(a) of this section has commenced and when such criminal investigation has concluded.

(8) Notwithstanding the fact that a criminal investigation, a criminal prosecution, or both are in progress, all law enforcement agencies and prosecuting attorneys may cooperate with any investigation conducted by the Inspector General and may, upon request by the Inspector General, provide the Inspector General with copies of all law enforcement reports which are relevant to the Inspector General's investigation. All law enforcement reports which have been provided to the Inspector General pursuant to this section are not public records for purposes of sections 84-712 to 84-712.09 and shall not be subject to discovery by any other person or entity. Except to the extent that disclosure of information is otherwise provided for in the Office of Inspector General of Nebraska Child Welfare Act, the Inspector General shall maintain the confidentiality of all law enforcement reports received pursuant to its request under this section. Law enforcement agencies and prosecuting attorneys may, when requested by the Inspector General, collaborate with the Inspector General regarding all other information relevant to the Inspector General's investigation. The Inspector General shall, when requested to do so by a law enforcement agency or prosecuting attorney, suspend an investigation by the office until a criminal investigation or prosecution is completed or has proceeded to a point that, in the judgment of the Inspector General, reinstatement of the Inspector General's investigation will not impede or infringe upon the criminal investigation or prosecution. Under no circumstance shall the Inspector General interview any minor who has already been interviewed by a law enforcement agency, personnel of the Division of Children and Family Services of the department, or staff of a child advocacy center in connection with a relevant ongoing investigation of a law enforcement agency.

(9) Consistent with the Nebraska Rules of Professional Conduct, counsel for the entity under investigation shall not represent a witness. A witness may request that counsel for the entity under investigation be present while being questioned, but such entity shall not require a witness to make such a request. If such a request is made, the entity under investigation shall inform the witness that such entity's counsel does not represent the witness. For purposes of this subsection, entity under investigation means the entity that is the subject of an investigation under the Office of Inspector General of Nebraska Child Welfare Act and includes the department, the juvenile services division, the commission, a private agency, a licensed child care facility, a juvenile detention facility, a staff secure juvenile facility, or another provider of child welfare services or juvenile justice services.

(10) The office may conduct audits, inspections, investigations, and other oversight as necessary to perform the duties of the office and to carry out the purposes of the Office of Inspector General of Nebraska Child Welfare Act.

(11) For purposes of this section, serious injury means an injury or illness caused by suspected abuse, neglect, maltreatment, self-harm, or assault which requires urgent medical treatment.

(1) Complaints to the office may be made in writing. The office shall also maintain a toll-free telephone line for complaints. A complaint shall be evaluated to determine if it alleges possible misconduct, misfeasance, malfeasance, or violation of a statute or of rules and regulations pursuant to section 50-1806. All complaints shall be evaluated to determine whether a full investigation is warranted.

(2) The office shall not conduct a full investigation of a complaint unless:

(a) The complaint alleges misconduct, misfeasance, malfeasance, or violation of a statute or of rules and regulations pursuant to section 50-1806;

(b) The complaint is against a person within the jurisdiction of the office; and

(c) The allegations can be independently verified through investigation.

(3) After receipt of a complaint, the Inspector General shall determine whether the office will conduct a full investigation. A complaint alleging facts which, if verified, would provide a basis for discipline under the Uniform Credentialing Act shall be referred to the appropriate credentialing board under the act.

(4) When a full investigation is opened on a private agency that contracts with the Office of Probation Administration, the Inspector General shall give notice of such investigation to the Office of Probation Administration.

(1) The office shall have access to all information and personnel necessary to perform the duties of the office and to carry out the Office of Inspector General of Nebraska Child Welfare Act.

(2) All employees of the department, the juvenile services division as directed by the juvenile court or the Office of Probation Administration, or the commission, all foster parents, and all owners, operators, managers, supervisors, and employees of private agencies, licensed child care facilities, juvenile detention facilities, staff secure juvenile facilities, and other providers of child welfare services or juvenile justice services shall cooperate with the office. Cooperation includes, but is not limited to, the following:

(a) Provision of full access to and production of records and information. Providing access to and producing records and information for the office is not a violation of confidentiality provisions under any law, statute, rule, or regulation if done in good faith for purposes of the Office of Inspector General of Nebraska Child Welfare Act;

(b) Fair and honest disclosure of records and information reasonably requested by the office pursuant to the act;

(c) Encouraging employees to fully comply with reasonable requests of the office pursuant to the act;

(d) Prohibition of retaliation by owners, operators, or managers against employees for providing records or information or filing or otherwise making a complaint to the office;

(e) Not requiring employees to gain supervisory approval prior to filing a complaint with or providing records or information to the office;

(f) Not requiring employees to report filing a complaint with or providing records or information to the office; and

(g) Not requiring employees to request that counsel for the employer be present while being questioned in the course of an investigation.

Failure to cooperate with an investigation by the office may result in public disclosure of the failure to cooperate.

(1) At the request of the Inspector General, and after receiving prior approval by a majority vote of the Executive Board of the Legislative Council, the Legislative Oversight Committee may issue subpoenas in connection with a specific inquiry or investigation undertaken pursuant to the Office of Inspector General of Nebraska Child Welfare Act to compel the production of records and information and sworn testimony or other evidence relevant to such inquiry or investigation. The committee shall vote to determine whether to issue a subpoena within ten days after receipt of the request.

(2) When authorized to issue subpoenas under this section, the committee may require any employees of the department, the juvenile services division, or the commission, any foster parents, or any owners, operators, managers, supervisors, and employees of private agencies, licensed child care facilities, juvenile detention facilities, staff secure juvenile facilities, and other providers of child welfare services or juvenile justice services to provide the records or information requested within thirty days after the request, except as otherwise provided for in the subpoena, or to appear at a hearing on the date set in the subpoena.

(3) Litigation to compel or quash compliance with the authority exercised pursuant to this section shall be advanced on the trial docket and heard and decided by the court as quickly as possible. The court shall issue its decision no later than twenty days after the filing of the application or petition or a motion to quash, whichever is filed first. Either party may appeal to the Court of Appeals within ten days after a decision is rendered.

(4) The district court of Lancaster County has jurisdiction over all litigation arising under this section. In all such litigation, the executive board shall provide for legal representation for the committee.

(5) In case of disobedience on the part of any employees of the department, the juvenile services division, or the commission, any foster parents, or any owners, operators, managers, supervisors, and employees of private agencies, licensed child care facilities, juvenile detention facilities, staff secure juvenile facilities, and other providers of child welfare services or juvenile justice services to comply with any subpoena issued pursuant to this section, the committee shall vote on whether to find the person in contempt or to find that the failure to comply was not willful.

(6) If the committee finds a person in contempt as provided in subsection (5) of this section, the committee may, by application or petition to the district court of Lancaster County, request that the court compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court. The application or petition shall be filed by the chairperson of the committee.

(7) A person required to provide information under this section shall be paid the same fees and travel allowances and shall be accorded the same privileges and immunities as are extended to witnesses in the district courts of this state and shall also be entitled to have counsel present while being questioned. Any fees associated with counsel present under this section shall not be the responsibility of the office or the Legislative Council.

(1) A full investigation conducted by the office shall consist of (a) access to, and retrieval of all, relevant records through compliance with a request of the office, by voluntary production, or by subpoena, (b) review of all relevant records, and (c) interviews of all relevant persons.

(2) The office may request or request the issuance of a subpoena for any record necessary for the investigation from the department, the juvenile services division as permitted by law, the commission, a foster parent, a licensed child care facility, a juvenile detention facility, a staff secure juvenile facility, or a private agency that is pertinent to an investigation. All case files, licensing files, medical records, financial and administrative records, and records required to be maintained pursuant to applicable licensing rules shall be produced for review by the office in the course of an investigation.

(3) Compliance with a request of the office includes:

(a) Production of all records requested;

(b) A diligent search to ensure that all appropriate records are included;

(c) A continuing obligation to immediately forward to the office any relevant records received, located, or generated after the date of the request;

(d) Provision of complete and truthful answers to questions posed by the office in the course of an investigation; and

(e) Not willfully interfering with or obstructing an investigation.

(4) The office shall seek access in a manner that respects the dignity and human rights of all persons involved, maintains the integrity of the investigation, and does not unnecessarily disrupt child welfare programs or services. When advance notice to a foster parent or to an administrator or his or her designee is not provided, the office investigator shall, upon arrival at the departmental or division office, the private agency, the licensed child care facility, the juvenile detention facility, the staff secure juvenile facility, or the location of another provider of child welfare services, request that an onsite employee notify the administrator or his or her designee of the investigator's arrival.

(5) When required by circumstances of an audit, inspection, investigation, or other oversight, the office may make an unannounced visit to a foster home, a departmental or division office, a licensed child care facility, a juvenile detention facility, a staff secure juvenile facility, a youth rehabilitation and treatment center, a private agency, or another provider. The office may request relevant records during such visit.

(6) A responsible individual or an administrator may be asked to sign a statement of record integrity and security when a record is secured by request as the result of a visit by the office, stating:

(a) That the responsible individual or the administrator has made a diligent search of the departmental or division office, private agency, licensed child care facility, juvenile detention facility, staff secure juvenile facility, or other provider's location to determine that all appropriate records in existence at the time of the request were produced;

(b) That the responsible individual or the administrator agrees to immediately forward to the office any relevant records received, located, or generated after the visit;

(c) The persons who have had access to the records since they were secured; and

(d) Whether, to the best of the knowledge of the responsible individual or the administrator, any records were removed from or added to the record since it was secured.

(7) The office shall permit a responsible individual, an administrator, or an employee of a departmental or division office, a private agency, a licensed child care facility, a juvenile detention facility, a staff secure juvenile facility, or another provider to make photocopies of the original records within a reasonable time in the presence of the office for purposes of creating a working record in a manner that assures confidentiality.

(8) The office shall present to the responsible individual or the administrator or other employee of the departmental or division office, private agency, licensed child care facility, juvenile detention facility, staff secure juvenile facility, or other service provider a copy of the request, stating the date and the titles of the records received.

(9) If an original record is provided during an investigation, the office shall return the original record as soon as practical but no later than ten business days after the date of the compliance request.

(1) Reports of investigations conducted by the office shall not be distributed beyond the entity that is the subject of the report without the consent of the Inspector General.

(2) Except when a report is provided to a guardian ad litem or an attorney in the juvenile court pursuant to subsection (2) of section 50-1814, the office shall redact confidential information before distributing a report of an investigation.

(3) The office may disclose confidential information to the chairperson of the Legislative Oversight Committee at the chairperson's request. The office may also disclose confidential information to the chairperson of the Legislative Oversight Committee, the chairperson of the Executive Board of the Legislative Council, the chairperson of the Health and Human Services Committee of the Legislature, or the chairperson of the Judiciary Committee of the Legislature when such disclosure is, in the judgment of the Director of Legislative Oversight, appropriate to keep the Legislature informed of important events, issues, and developments in the Nebraska child welfare system.

(4) The office may also disclose such confidential information to the Legislative Oversight Committee when such disclosure is, in the judgment of the chairperson of the Legislative Oversight Committee, appropriate to keep the Legislature informed of important events, issues, and developments in the Nebraska child welfare system.

(5)(a) A summarized final report based on an investigation may be publicly released in order to bring awareness to systemic issues.

(b) Such report shall be released only:

(i) After a disclosure is made to the chairperson of the Legislative Oversight Committee pursuant to subsection (3) of this section; and

(ii) If a determination is made by the Inspector General with the chairperson of the Legislative Oversight Committee that doing so would be in the best interest of the public.

(c) If there is disagreement about whether releasing the report would be in the best interest of the public, the chairperson of the Executive Board of the Legislative Council shall make the final decision.

(d) The Legislative Oversight Committee shall be notified prior to a report of an investigation being publicly released under this section.

(6) Records and documents, regardless of physical form, that are obtained or produced by the office in the course of an investigation are not public records for purposes of sections 84-712 to 84-712.09. Reports of investigations conducted by the office are not public records for purposes of sections 84-712 to 84-712.09.

(7) The office may withhold the identity of sources of information to protect from retaliation any person who files a complaint or provides information in good faith pursuant to the Office of Inspector General of Nebraska Child Welfare Act.

(1) The department shall provide the Director of Legislative Oversight and the office with access to records, reports, and documents maintained by the department in connection with administration of the Nebraska child welfare system.

(2) The commission shall provide the office with access to records, reports, and documents maintained in connection with administration of juvenile justice services.

(3) The juvenile services division, as directed by the juvenile court or the Office of Probation Administration, shall provide the office with access to records, reports, and documents maintained by the juvenile services division in connection with a specific case under investigation.

(4) Information shall be provided in the most efficient and timely way, in a manner that is least burdensome to the department, commission, or juvenile services division, and in a manner which maintains the confidentiality of the information. This may include providing information through secure electronic access to case files and secure access to information maintained electronically in databases and case management systems. The office, by and through the Executive Board of the Legislative Council, may enter into information-sharing agreements with the department, the commission, or the juvenile services division to assist in the implementation of and compliance with the Office of Inspector General of Nebraska Child Welfare Act.

(5)(a) The department, commission, or juvenile services division may object to the production or disclosure of records, reports, and documents in writing on the grounds that such records, reports, and documents are legally privileged, identifying the specific grounds for such objection. Following such objection, the office and the department, commission, or juvenile services division may negotiate terms of production or disclosure pursuant to this section.

(b) In the event that satisfactory terms of production or disclosure cannot be reached between the office and the department, commission, or juvenile services division, the office may request the issuance of a subpoena pursuant to section 50-1810.

(1) The Inspector General's report of an investigation shall be in writing and may contain recommendations for systemic reform. A report of an investigation shall be presented to the Director of Legislative Oversight and the chairperson of the Legislative Oversight Committee. The Inspector General shall present the report of an investigation to the director, the probation administrator, or the executive director within three business days after the report is presented to the Director of Legislative Oversight and the chairperson of the Legislative Oversight Committee.

(2) Any person receiving a report under this section shall not further distribute the report or any confidential information contained in the report beyond the entity that is the subject of the report. The Inspector General, upon notifying the Director of Legislative Oversight and the director, the probation administrator, or the executive director, may distribute the report, to the extent that it is relevant to a child's welfare, to the guardian ad litem and attorneys in the juvenile court in which a case is pending involving the child or family who is the subject of the report. The report shall not be distributed beyond the parties except through the appropriate court procedures to the judge.

(3) A report that identifies misconduct, misfeasance, malfeasance, or violation of statute, rules, or regulations by an employee of the department, the juvenile services division, the commission, a private agency, a licensed child care facility, or another provider that is relevant to providing appropriate supervision of an employee may be shared with the employer of such employee. The employer shall not further distribute the report or any confidential information contained in the report.

(1) Within fifteen business days after a report is presented to the director, the probation administrator, or the executive director under section 50-1814, the director, probation administrator, or executive director may determine whether to accept, reject, or request modification of the recommendations contained in the report. Any response shall be in writing and may include corrections of factual errors. The Inspector General, with input from the Director of Legislative Oversight, may consider any request for modifications but is not obligated to accept such request. Such report shall become final (a) upon the decision of the director, the probation administrator, or the executive director to accept or reject the recommendations in the report, (b) within fifteen business days after the director, the probation administrator, or the executive director requests modifications or after the Inspector General incorporates such modifications, whichever occurs earlier, or (c) fifteen days after the report is presented to the director, the probation administrator, or the executive director if no response is received by the Inspector General. If the Inspector General does not accept a requested modification, the recommendation for which such modification was requested shall be considered to be rejected by the director, probation administrator, or executive director.

(2) After the recommendations have been accepted, rejected, or modified, the report shall be presented to the foster parent, private agency, licensed child care facility, or other provider of child welfare services or juvenile justice services that is the subject of the report and to persons involved in the implementation of the recommendations in the report. Within fifteen business days after receipt of the report, the foster parent, private agency, licensed child care facility, or other provider may submit a written response to the office to correct any factual errors in the report and may determine whether to accept, reject, or request in writing modification of the recommendations contained in the report. The Inspector General, with input from the Director of Legislative Oversight, shall consider all materials submitted under this subsection to determine whether a corrected report shall be issued. If the Inspector General determines that a corrected report is necessary, the corrected report shall be issued within fifteen business days after receipt of the written response.

(3) If the Inspector General does not issue a corrected report pursuant to subsection (2) of this section, or if the corrected report does not address all issues raised in the written response, the foster parent, private agency, licensed child care facility, or other provider may request that its written response, or portions of the response, be appended to the report or corrected report.

(4) A report which raises issues related to credentialing under the Uniform Credentialing Act shall be submitted to the appropriate credentialing board under the act.

No report or other work product of an investigation by the Inspector General shall be reviewable in any court. Neither the Inspector General nor any member of the Inspector General's staff shall be required to testify or produce evidence in any judicial or administrative proceeding concerning matters within such person's official cognizance except in a proceeding brought to enforce the Office of Inspector General of Nebraska Child Welfare Act.

The Office of Inspector General of Nebraska Child Welfare Act does not require the Inspector General to investigate all complaints. The Inspector General, with input from the Director of Legislative Oversight, shall prioritize and select investigations and inquiries that further the intent of the act and assist in legislative oversight of the Nebraska child welfare system and juvenile justice system. If the Inspector General determines that the office will not investigate a complaint, the Inspector General may recommend to the parties alternative means of resolution of the issues in the complaint.

On or before September 15 of each year, the Inspector General shall provide to the Legislature, the Supreme Court, and the Governor a report that includes a summary of reports and investigations made under the Office of Inspector General of Nebraska Child Welfare Act for the preceding year. The report to the Legislature shall be submitted electronically and filed with the Clerk of the Legislature. The report shall detail recommendations and the status of implementation of recommendations and may also include recommendations to the Legislature regarding issues discovered through investigation, audits, inspections, and reviews by the office that will (1) increase accountability and legislative oversight of the Nebraska child welfare system, (2) improve operations of the department, the juvenile services division, the commission, and the Nebraska child welfare system, or (3) deter and identify fraud, abuse, and illegal acts. The report shall include summaries of alternative response cases under alternative response implemented in accordance with sections 28-710.01, 28-712, and 28-712.01 reviewed by the Inspector General. The report shall not contain any confidential or identifying information concerning the subjects of the reports and investigations.

Any person who has authority to recommend, approve, direct, or otherwise take or affect personnel action shall not, with respect to such authority:

(1) Take personnel action against an employee because of the disclosure of information by the employee to the office which the employee reasonably believes evidences wrongdoing under the Office of Inspector General of Nebraska Child Welfare Act;

(2) Take personnel action against an employee as a reprisal for the submission of an allegation of wrongdoing under the act to the office by such employee; or

(3) Take personnel action against an employee as a reprisal for providing information or testimony pursuant to actions initiated and undertaken by the office.

If the Inspector General has reason to believe that any public officer or employee has acted in a manner that warrants criminal or disciplinary action or proceedings, the Inspector General shall report the matter to the department, the juvenile services division, the commission, or other appropriate authorities.

(1) Notwithstanding any other provision of law, the office shall have access to confidential information and confidential records necessary to carry out its responsibilities.

(2) Except as otherwise provided by law, any confidential information or confidential records shared with the office shall remain confidential and shall not be shared by an employee of the office with any person who is not an employee of the office, including any member of the Legislative Oversight Committee.

(3) If any employee of the office knowingly divulges or makes known, in any manner not permitted by law, confidential information or confidential records, it shall be grounds for dismissal.

Sections 50-1901 to 50-1921 shall be known and may be cited as the Office of Inspector General of the Nebraska Correctional System Act.

The Legislature finds and declares that:

(1) It is within the inherent power of the Legislature to secure needed information in order to legislate, hold hearings, and conduct investigations of matters related to the operation of state government. This power of inquiry is broad and indispensable;

(2) Article IV, section 19, of the Constitution of Nebraska specifically provides that the general management, control, and government of all state reformatory and penal institutions shall be vested as determined by the Legislature;

(3) Article IV, section 23, of the Constitution of Nebraska specifically provides that the Legislature may at any time require that information be provided to it from the officers and employees of state agencies relating to the condition, management, and expenses of their respective offices; and

(4) In order to establish a full-time program of investigation and oversight of the Nebraska correctional system and assist in the development of legislation related to the Nebraska correctional system, the Legislature created the office of Inspector General of the Nebraska Correctional System.

(1) It is the intent of the Legislature that the office of Inspector General of the Nebraska Correctional System:

(a) Assist in improving operations of the department and the Nebraska correctional system;

(b) Provide an independent form of inquiry for concerns regarding the actions of individuals and agencies responsible for the supervision and release of persons in the Nebraska correctional system. A lack of responsibility and accountability in the current system makes it difficult for the Legislature to monitor and oversee the Nebraska correctional system; and

(c) Provide a process for investigation and review in order to improve policies and procedures of the correctional system.

(2) It is not the intent of the Legislature in enacting the Office of Inspector General of the Nebraska Correctional System Act to interfere with the duties of the Legislative Auditor or the Legislative Fiscal Analyst or to interfere with the statutorily defined investigative responsibilities or prerogatives of any officer, agency, board, bureau, commission, association, society, or institution of the executive branch of state government, except that the act does not preclude an inquiry on the sole basis that another agency has the same responsibility. The act shall not be construed to interfere with or supplant the responsibilities or prerogatives of the Governor to investigate, monitor, and report on the activities of the agencies, boards, bureaus, commissions, associations, societies, and institutions of the executive branch under the Governor's administrative direction.

For purposes of the Office of Inspector General of the Nebraska Correctional System Act, the following definitions apply:

(1) Administrator means a person charged with administration of (a) a program or an office of the department or (b) a private agency;

(2) Department means the Department of Correctional Services;

(3) Director means the Director of Correctional Services;

(4) Inspector General means the Inspector General of the Nebraska Correctional System appointed under section 50-1905;

(5) Malfeasance means a wrongful act that the actor has no legal right to do or any wrongful conduct that affects, interrupts, or interferes with performance of an official duty;

(6) Management means supervision of subordinate employees;

(7) Misfeasance means the improper performance of some act that a person may lawfully do;

(8) Obstruction means hindering an investigation, preventing an investigation from progressing, stopping or delaying the progress of an investigation, or making the progress of an investigation difficult or slow;

(9) Office means the office of Inspector General of the Nebraska Correctional System and includes the Inspector General and other employees of the office;

(10) Private agency means an entity that contracts with the department or contracts to provide services to another entity that contracts with the department; and

(11) Record means any recording in written, audio, electronic, or computer storage form, including, but not limited to, a draft, memorandum, note, report, computer printout, notation, message, medical record, mental health record, case file, clinical record, financial record, and administrative record.

(1) The office of Inspector General of the Nebraska Correctional System is created within the Division of Legislative Oversight for the purpose of conducting investigations, audits, inspections, and other oversight of the Nebraska correctional system for the Legislature. The Inspector General shall be appointed by the Director of Legislative Oversight with approval from the chairperson of the Executive Board of the Legislative Council, the chairperson of the Legislative Oversight Committee, and the chairperson of the Judiciary Committee of the Legislature.

(2) The Inspector General shall be appointed for a term of five years and may be reappointed. The Inspector General shall be selected without regard to political affiliation and on the basis of integrity, capability for strong leadership, and demonstrated ability in accounting, auditing, financial analysis, law, management, public administration, investigation, or criminal justice administration or other closely related fields. No former or current executive or manager of the department shall be appointed Inspector General within five years after such former or current executive's or manager's period of service with the department. Not later than two years after the date of appointment, the Inspector General shall obtain certification as a Certified Inspector General by the Association of Inspectors General, its successor, or another nationally recognized organization that provides and sponsors educational programs and establishes professional qualifications, certifications, and licensing for inspectors general. During the Inspector General's employment, the Inspector General shall not be actively involved in partisan affairs.

(3) The Inspector General shall employ such investigators and support staff as the Inspector General deems necessary to carry out the duties of the office within the amount available by appropriation through the Division of Legislative Oversight for the office of Inspector General of the Nebraska Correctional System. The Inspector General shall be subject to the control and supervision of the Director of Legislative Oversight, except that removal of the Inspector General shall require approval of the chairperson of the Legislative Oversight Committee. The Inspector General may also be removed by a two-thirds majority vote of the Legislative Oversight Committee.

(1) The office shall investigate:

(a) Allegations or incidents of possible misconduct, misfeasance, malfeasance, or violations of statutes or of rules or regulations of the department by an employee of or a person under contract with the department or a private agency;

(b) Death or serious injury of individuals in the custody or under the supervision of the department. The department shall report all such cases of death or serious injury to the Inspector General as soon as reasonably possible after the department learns of such death or serious injury. The department shall also report all cases of the death or serious injury of an employee when acting in such employee's capacity as an employee of the department as soon as reasonably possible after the department learns of such death or serious injury. The department shall also report all cases when an employee is hospitalized in response to an injury received when such employee is acting in such employee's capacity as an employee of the department as soon as reasonably possible after the department learns of such hospitalization. For purposes of this subdivision, serious injury means an injury which requires urgent and immediate medical treatment and restricts the injured person's usual activity; and

(c) Any other matter as provided in the annual work plans or key performance indicators approved by the Legislative Oversight Committee pursuant to section 50-1702.

(2) Any investigation conducted by the Inspector General shall be independent of and separate from an investigation pursuant to sections 23-1821 to 23-1823.

(3) The department shall notify the Inspector General as soon as practicable when a criminal investigation involving a death or serious injury required to be reported to the Inspector General under subdivision (1)(b) of this section has commenced and when such criminal investigation has concluded.

(4) Notwithstanding the fact that a criminal investigation, a criminal prosecution, or both are in progress, all law enforcement agencies and prosecuting attorneys may cooperate with any investigation conducted by the Inspector General and may, upon request by the Inspector General, provide the Inspector General with copies of all law enforcement reports which are relevant to the Inspector General's investigation. All law enforcement reports which have been provided to the Inspector General pursuant to this section are not public records for purposes of sections 84-712 to 84-712.09 and shall not be subject to discovery by any other person or entity. Except to the extent that disclosure of information is otherwise provided for in the Office of Inspector General of the Nebraska Correctional System Act, the Inspector General shall maintain the confidentiality of all law enforcement reports received pursuant to its request under this section. Law enforcement agencies and prosecuting attorneys may, when requested by the Inspector General, collaborate with the Inspector General regarding all other information relevant to the Inspector General's investigation. The Inspector General shall, when requested to do so by a law enforcement agency or prosecuting attorney, suspend an investigation by the office until a criminal investigation or prosecution is completed or has proceeded to a point that, in the judgment of the Inspector General, reinstatement of the Inspector General's investigation will not impede or infringe upon the criminal investigation or prosecution.

(5) Consistent with the Nebraska Rules of Professional Conduct, counsel for the entity under investigation shall not represent a witness. A witness may request that counsel for the entity under investigation be present while being questioned, but such entity shall not require a witness to make such a request. If such a request is made, the entity under investigation shall inform the witness that such entity's counsel does not represent the witness. For purposes of this subsection, entity under investigation means the entity that is the subject of an investigation under the Office of Inspector General of the Nebraska Correctional System Act and includes the department and a private agency.

(6) The office may conduct audits, inspections, investigations, and other oversight as necessary to perform the duties of the office and to carry out the purposes of the Office of Inspector General of the Nebraska Correctional System Act.

(1) Complaints to the office may be made in writing. A complaint shall be evaluated to determine if it alleges possible misconduct, misfeasance, malfeasance, or violation of a statute or of rules and regulations of the department by an employee of or a person under contract with the department or a private agency. All complaints shall be evaluated to determine whether a full investigation is warranted.

(2) The office shall not conduct a full investigation of a complaint unless:

(a) The complaint alleges misconduct, misfeasance, malfeasance, or violation of a statute or of rules and regulations of the department;

(b) The complaint is against a person within the jurisdiction of the office; and

(c) The allegations can be independently verified through investigation.

(3) After receipt of a complaint, the Inspector General shall determine whether the office will conduct a full investigation.

(4) When a full investigation is opened on a private agency that contracts with the department, the Inspector General shall give notice of such investigation to the department.

(1) The office shall have access to all information and personnel necessary to perform the duties of the office and to carry out the Office of Inspector General of the Nebraska Correctional System Act.

(2) All employees of the department and all owners, operators, managers, supervisors, and employees of private agencies shall cooperate with the office. Cooperation includes, but is not limited to, the following:

(a) Provision of full access to and production of records and information. Providing access to and producing records and information for the office is not a violation of confidentiality provisions under any statute, rule, or regulation if done in good faith for purposes of the Office of Inspector General of the Nebraska Correctional System Act;

(b) Fair and honest disclosure of records and information reasonably requested by the office pursuant to the act;

(c) Encouraging employees to fully comply with reasonable requests of the office pursuant to the act;

(d) Prohibition of retaliation by owners, operators, or managers against employees for providing records or information or filing or otherwise making a complaint to the office;

(e) Not requiring employees to gain supervisory approval prior to filing a complaint with or providing records or information to the office;

(f) Not requiring employees to report filing a complaint with or providing records or information to the office; and

(g) Not requiring employees to request that counsel for the employer be present while being questioned in the course of an investigation.

Failure to cooperate with an investigation by the office may result in public disclosure of the failure to cooperate.

(1) At the request of the Inspector General, and after receiving prior approval by a majority vote of the Executive Board of the Legislative Council, the Legislative Oversight Committee may issue subpoenas in connection with a specific inquiry or investigation undertaken pursuant to the Office of Inspector General of the Nebraska Correctional System Act to compel the production of records and information and sworn testimony or other evidence relevant to such inquiry or investigation. The committee shall vote to determine whether to issue a subpoena within ten days after receipt of the request.

(2) When authorized to issue subpoenas under this section, the committee may require any employees of the department or any owners, operators, managers, supervisors, and employees of private agencies to provide the records or information requested within thirty days after the request, except as otherwise provided for in the subpoena, or to appear at a hearing on the date set in the subpoena.

(3) Litigation to compel or quash compliance with the authority exercised pursuant to this section shall be advanced on the trial docket and heard and decided by the court as quickly as possible. The court shall issue its decision no later than twenty days after the filing of the application or petition or a motion to quash, whichever is filed first. Either party may appeal to the Court of Appeals within ten days after a decision is rendered.

(4) The district court of Lancaster County has jurisdiction over all litigation arising under this section. In all such litigation, the executive board shall provide for legal representation for the committee.

(5) In case of disobedience on the part of any employees of the department or any owners, operators, managers, supervisors, and employees of private agencies to comply with any subpoena issued pursuant to this section, the committee shall vote on whether to find the person in contempt or to find that the failure to comply was not willful.

(6) If the committee finds a person in contempt as provided in subsection (5) of this section, the committee may, by application or petition to the district court of Lancaster County, request that the court compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court. The application or petition shall be filed by the chairperson of the committee.

(7) A person required to provide information under this section shall be paid the same fees and travel allowances and shall be accorded the same privileges and immunities as are extended to witnesses in the district courts of this state and shall also be entitled to have counsel present while being questioned. Any fees associated with counsel present under this section shall not be the responsibility of the office or the Legislative Council.

(1) A full investigation conducted by the office shall consist of (a) access to and retrieval of all relevant records through compliance with a request of the office, by voluntary production, or by subpoena, (b) review of all relevant records, and (c) interviews of all relevant persons. The office may request or request the issuance of a subpoena for any record necessary for the investigation from the department or a private agency that is pertinent to an investigation. All case files, licensing files, medical records, financial and administrative records, and records required to be maintained pursuant to applicable licensing rules shall be produced for review by the office in the course of an investigation.

(2) Compliance with a request of the office includes:

(a) Production of all records requested;

(b) A diligent search to ensure that all appropriate records are included;

(c) A continuing obligation to immediately forward to the office any relevant records received, located, or generated after the date of the request;

(d) Provision of complete and truthful answers to questions posed by the office in the course of an investigation; and

(e) Not willfully interfering with or obstructing an investigation.

(3) The office shall seek access in a manner that respects the dignity and human rights of all persons involved, maintains the integrity of the investigation, and does not unnecessarily disrupt department programs or services.

(4) When circumstances of an audit, inspection, investigation, or review require, the office may make an announced or unannounced visit to a departmental office, a department correctional facility, or a private agency. The office may request relevant records during such visit.

(5) A responsible individual or an administrator may be asked to sign a statement of record integrity and security when a record is secured by request as the result of a visit by the office, stating:

(a) That the responsible individual or the administrator has made a diligent search of the departmental office, department correctional facility, or private agency to determine that all appropriate records in existence at the time of the request were produced;

(b) That the responsible individual or the administrator agrees to immediately forward to the office any relevant records received, located, or generated after the visit;

(c) The persons who have had access to the records since they were secured; and

(d) Whether, to the best of the knowledge of the responsible individual or the administrator, any records were removed from or added to the record since it was secured.

(6) The office shall permit a responsible individual, an administrator, or an employee of a departmental office, a department correctional facility, or a private agency to make photocopies of the original records within a reasonable time in the presence of the office for purposes of creating a working record in a manner that assures confidentiality.

(7) The office shall present to the responsible individual or the administrator or other employee of the departmental office, department correctional facility, or private agency a copy of the request, stating the date and the titles of the records received.

(8) If an original record is provided during an investigation, the office shall return the original record as soon as practical but no later than ten business days after the date of the compliance request.

(1) Reports of investigations conducted by the office shall not be distributed beyond the entity that is the subject of the report without the consent of the Inspector General.

(2) The office shall redact confidential information before distributing a report of an investigation.

(3) The office may disclose confidential information to the chairperson of the Legislative Oversight Committee at the chairperson's request. The office may also disclose confidential information to the chairperson of the Legislative Oversight Committee, the chairperson of the Executive Board of the Legislative Council, and the chairperson of the Judiciary Committee of the Legislature when such disclosure is, in the judgment of the Director of Legislative Oversight, appropriate to keep the Legislature informed of important events, issues, and developments in the Nebraska correctional system.

(4) The office may also disclose such confidential information to the Legislative Oversight Committee when such disclosure is, in the judgment of the chairperson of the Legislative Oversight Committee, appropriate to keep the Legislature informed of important events, issues, and developments in the Nebraska correctional system.

(5)(a) A summarized final report based on an investigation may be publicly released in order to bring awareness to systemic issues.

(b) Such report shall be released only:

(i) After a disclosure is made to the chairperson of the Legislative Oversight Committee pursuant to subsection (3) of this section; and

(ii) If a determination is made by the Inspector General with the chairperson of the Legislative Oversight Committee that doing so would be in the best interest of the public.

(c) If there is disagreement about whether releasing the report would be in the best interest of the public, the chairperson of the Executive Board of the Legislative Council shall make the final decision.

(d) The Legislative Oversight Committee shall be notified prior to a report of an investigation being publicly released under this section.

(6) Records and documents, regardless of physical form, that are obtained or produced by the office in the course of an investigation are not public records for purposes of sections 84-712 to 84-712.09. Reports of investigations conducted by the office are not public records for purposes of sections 84-712 to 84-712.09.

(7) The office may withhold the identity of sources of information to protect from retaliation any person who files a complaint or provides information in good faith pursuant to the Office of Inspector General of the Nebraska Correctional System Act.

(1) The department shall provide the Director of Legislative Oversight and the office with access to records, reports, and documents maintained by the department in connection with administration of the Nebraska correctional system and the Nebraska parole system. The Director of Legislative Oversight's and Inspector General's access to an inmate's or parolee's medical or mental health records shall be subject to the inmate's or parolee's consent unless an inmate's or parolee's death is being investigated pursuant to subdivision (1)(b) of section 50-1906.

(2) Information shall be provided in the most efficient and timely way, in a manner that is least burdensome to the department, and in a manner which maintains the confidentiality of the information. This may include providing information through secure electronic access to case files and secure access to information maintained electronically in databases and case management systems. The office, by and through the Executive Board of the Legislative Council, may enter into information-sharing agreements with the department to assist in the implementation of and compliance with the Office of Inspector General of the Nebraska Correctional System Act.

(3)(a) The department may object to the production or disclosure of records, reports, and documents in writing on the grounds that such records, reports, and documents are legally privileged, identifying the specific grounds for such objection. Following such objection, the office and the department may negotiate terms of production or disclosure pursuant to this section.

(b) In the event that satisfactory terms of production or disclosure cannot be reached between the office and the department, the office may request the issuance of a subpoena pursuant to section 50-1910.

(1) The Inspector General's report of an investigation shall be in writing and may contain recommendations for systemic reform. A report of an investigation shall be presented to the Director of Legislative Oversight and the chairperson of the Legislative Oversight Committee. The Inspector General shall present the report of an investigation to the director within three business days after the report is presented to the Director of Legislative Oversight and the chairperson of the Legislative Oversight Committee.

(2) Any person receiving a report under this section shall not further distribute the report or any confidential information contained in the report. The report shall not be distributed beyond the parties except through the appropriate court procedures to the judge.

(3) A report that identifies misconduct, misfeasance, malfeasance, violation of statute, or violation of rules and regulations by an employee of the department or a private agency that is relevant to providing appropriate supervision of an employee may be shared with the employer of such employee. The employer shall not further distribute the report or any confidential information contained in the report.

(1) Within fifteen business days after a report is presented to the director under section 50-1914, the director may determine whether to accept, reject, or request modification of the recommendations contained in the report. Any response shall be in writing and may include corrections of factual errors. The Inspector General, with input from the Director of Legislative Oversight, may consider any request for modifications but is not obligated to accept such request. Such report shall become final (a) upon the decision of the director to accept or reject the recommendations in the report, (b) within fifteen business days after the director requests modifications or after the Inspector General incorporates such modifications, whichever occurs earlier, or (c) fifteen days after the report is presented to the director if no response is made. If the Inspector General does not accept a requested modification, the recommendation for which such modification was requested shall be considered to be rejected by the director.

(2) Within fifteen business days after the report is presented to the director, the report shall be presented to the private agency or other provider of correctional services that is the subject of the report and to persons involved in the implementation of the recommendations in the report. Within fifteen business days after receipt of the report, the private agency or other provider may submit a written response to the office to correct any factual errors in the report. The Inspector General, with input from the Director of Legislative Oversight, shall consider all materials submitted under this subsection to determine whether a corrected report shall be issued. If the Inspector General determines that a corrected report is necessary, the corrected report shall be issued within fifteen business days after receipt of the written response.

(3) If the Inspector General does not issue a corrected report pursuant to subsection (2) of this section or if the corrected report does not address all issues raised in the written response, the private agency or other provider may request that its written response, or portions of the response, be appended to the report or corrected report.

No report or other work product of an investigation by the Inspector General shall be reviewable in any court. Neither the Inspector General nor any member of the Inspector General's staff shall be required to testify or produce evidence in any judicial or administrative proceeding concerning matters within such person's official cognizance except in a proceeding brought to enforce the Office of Inspector General of the Nebraska Correctional System Act.

The Office of Inspector General of the Nebraska Correctional System Act does not require the Inspector General to investigate all complaints. The Inspector General, with input from the Director of Legislative Oversight, shall prioritize and select investigations and inquiries that further the intent of the act and assist in legislative oversight of the Nebraska correctional system. If the Inspector General determines that the office will not investigate a complaint, the Inspector General may recommend to the parties alternative means of resolution of the issues in the complaint.

On or before September 15 of each year, the Inspector General shall provide to the Legislature and the Governor a report that includes a summary of reports and investigations made under the Office of Inspector General of the Nebraska Correctional System Act for the preceding year. The report to the Legislature shall be submitted electronically and filed with the Clerk of the Legislature. The reports shall include findings and recommendations and an update on the status of recommendations made in prior reports, if any. The findings and recommendations may address issues discovered through investigations, audits, inspections, and reviews by the office that will (1) increase accountability and legislative oversight of the Nebraska correctional system, (2) improve operations of the department and the Nebraska correctional system, (3) deter and identify fraud, abuse, and illegal acts, and (4) identify inconsistencies between statutory requirements and requirements for accreditation. The reports shall not contain any confidential or identifying information concerning the subjects of the reports and investigations.

Any person who has authority to recommend, approve, direct, or otherwise take or affect personnel action shall not, with respect to such authority:

(1) Take personnel action against an employee because of the disclosure of information by the employee to the office which the employee reasonably believes evidences wrongdoing under the Office of Inspector General of the Nebraska Correctional System Act;

(2) Take personnel action against an employee as a reprisal for the submission of an allegation of wrongdoing under the act to the office by such employee; or

(3) Take personnel action against an employee as a reprisal for providing information or testimony pursuant to actions initiated and undertaken by the office.

If the Inspector General has reason to believe that any public officer or employee has acted in a manner that warrants criminal or disciplinary action or proceedings, the Inspector General shall report the matter to the department or other appropriate authorities.

(1) Notwithstanding any other provision of law, the office shall have access to confidential information and confidential records necessary to carry out its responsibilities.

(2) Except as otherwise provided by law, any confidential information or confidential records shared with the office shall remain confidential and shall not be shared by an employee of the office with any person who is not an employee of the office, including any member of the Legislative Oversight Committee.

(3) If any employee of the office knowingly divulges or makes known, in any manner not permitted by law, confidential information or confidential records, it shall be grounds for dismissal.

Sections 50-2001 to 50-2018 shall be known and may be cited as the Office of Public Counsel Act.

As used in the Office of Public Counsel Act, unless the context otherwise requires:

(1) Administrative agency shall mean any department, board, commission, or other governmental unit, any official, any employee of the State of Nebraska acting or purporting to act by reason of connection with the State of Nebraska, any corporation, partnership, business, firm, governmental entity, or person who is providing health and human services to individuals or service delivery, service coordination, or case management under contract with the State of Nebraska and who is subject to the jurisdiction of the office of Public Counsel as required by section 73-401, any regional behavioral health authority, any community-based behavioral health services provider that contracts with a regional behavioral health authority, and any county or municipal correctional or jail facility and employee thereof acting or purporting to act by reason of connection with the county or municipal correctional or jail facility; but shall not include (a) any court, (b) any member or employee of the Legislature or the Legislative Council, (c) the Governor or his or her personal staff, (d) any political subdivision or entity thereof except a county or municipal correctional or jail facility or a regional behavioral health authority, (e) any instrumentality formed pursuant to an interstate compact and answerable to more than one state, or (f) any entity of the federal government; and

(2) Administrative act shall include every action, rule, regulation, order, omission, decision, recommendation, practice, or procedure of an administrative agency.

The office of Public Counsel is hereby established to exercise the authority and perform the duties under the Office of Public Counsel Act. The Public Counsel shall be appointed by the Legislature, with the vote of two-thirds of the members required for approval of such appointment from nominations submitted by the Executive Board of the Legislative Council.

The Public Counsel shall be a person well equipped to analyze problems of law, administration, and public policy and during such person's term of office shall not be actively involved in partisan affairs. No person may serve as Public Counsel within two years of the last day on which such person served as a member of the Legislature or while such person is a candidate for or holds any other state office.

The Public Counsel shall serve for a term of six years, unless removed for cause as determined by a two-thirds vote of the members of the Legislature or, if the Legislature is not in session, by a two-thirds vote of the members of the Legislative Council. If the office of Public Counsel becomes vacant for any reason, the deputy public counsel shall serve as acting public counsel until a successor Public Counsel is appointed. The Public Counsel shall receive such salary as is set by the Executive Board of the Legislative Council.

(1) The Public Counsel may select, appoint, and compensate as the Public Counsel sees fit, within the amount available by appropriation, such assistants and employees as the Public Counsel deems necessary to discharge the responsibilities under the Office of Public Counsel Act. The Public Counsel shall appoint and designate one assistant to be a deputy public counsel, one assistant to be a deputy public counsel for corrections, one assistant to be a deputy public counsel for institutions, and one assistant to be a deputy public counsel for public welfare.

(2) Such deputy public counsels shall be subject to the control and supervision of the Public Counsel.

(3) The authority of the deputy public counsel for corrections shall extend to all facilities and parts of facilities, offices, houses of confinement, and institutions which are operated by the Department of Correctional Services and all county or municipal correctional or jail facilities.

(4) The authority of the deputy public counsel for institutions shall extend to all mental health institutions and facilities operated by the Department of Health and Human Services, to all veterans institutions operated by the Department of Veterans' Affairs, and to all regional behavioral health authorities that provide services and all community-based behavioral health services providers that contract with a regional behavioral health authority to provide services, for any individual who was a patient within the prior twenty-four months of a state-owned and state-operated regional center, and to all complaints pertaining to administrative acts of the department, authority, or provider when those acts are concerned with the rights and interests of individuals placed within those institutions and facilities or receiving community-based behavioral health services.

(5) The authority of the deputy public counsel for public welfare shall extend to all complaints pertaining to administrative acts of administrative agencies when those acts are concerned with the rights and interests of individuals involved in the public welfare system of the State of Nebraska.

(6) The Public Counsel may delegate to members of the staff any authority or duty under the Office of Public Counsel Act except the power of delegation and the duty of formally making recommendations to administrative agencies or reports to the Governor or the Legislature.

The Public Counsel shall have the power to:

(1) Investigate, on complaint or on the Public Counsel's own motion, any administrative act of any administrative agency;

(2) Prescribe the methods by which complaints are to be made, received, and acted upon; determine the scope and manner of investigations to be made; and, subject to the requirements of the Office of Public Counsel Act, determine the form, frequency, and distribution of the Public Counsel's conclusions, recommendations, and proposals;

(3) Conduct inspections of the premises, or any parts of such premises, of any administrative agency or any property owned, leased, or operated by any administrative agency as frequently as is necessary, in the Public Counsel's opinion, to carry out duties prescribed under the Office of Public Counsel Act;

(4) Request and receive from each administrative agency, and such agency shall provide, the assistance and information the Public Counsel deems necessary for the discharge of the Public Counsel's responsibilities; inspect and examine the records and documents of all administrative agencies notwithstanding any other provision of law; and enter and inspect premises within any administrative agency's control;

(5) Request the issuance of a subpoena, enforceable by action in an appropriate court, to compel any person to appear, give sworn testimony, or produce documentary or other evidence deemed relevant to a matter under the Public Counsel's inquiry as provided in section 50-2018;

(6) Undertake, participate in, or cooperate with general studies or inquiries, whether or not related to any particular administrative agency or any particular administrative act, if the Public Counsel believes that such general studies or inquiries may assist the Legislature in enhancing knowledge about or making improvements in the functioning of administrative agencies;

(7) Make investigations, reports, and recommendations necessary to carry out the Public Counsel's duties under the State Government Effectiveness Act;

(8) Investigate allegations of violation of subsection (2) of section 84-908 by an administrative agency pursuant to a complaint made to the Public Counsel's office and make a determination as to whether such administrative agency has violated such subsection. The Public Counsel shall report the Public Counsel's determination in writing to the Governor, the Secretary of State, the Attorney General, the Executive Board of the Legislative Council, and the director or chief executive officer of the agency. The report to the executive board shall be submitted electronically; and

(9) Investigate and address the complaint and case of:

(a) Any juvenile committed to the custody of a youth rehabilitation and treatment center; and

(b) Any juvenile released from a youth rehabilitation and treatment center for reentry into the community, while that juvenile is subject to the Community and Family Reentry Process and a service or treatment program in which the juvenile may be involved after the juvenile's release from a youth rehabilitation and treatment center, whether that service or program is administrated by the Office of Juvenile Services or a private provider in the community. The Office of Juvenile Services and private providers in the community shall cooperate with any investigation conducted by the Public Counsel pursuant to this subdivision and provide all documentation and information requested by the Public Counsel in connection with such an investigation.

(1) In selecting matters for attention, the Public Counsel shall particularly review an administrative act that might be:

(a) Contrary to law or regulation;

(b) Unreasonable, unfair, oppressive, or inconsistent with the general course of an administrative agency's judgments;

(c) Mistaken in law or arbitrary in ascertainments of fact;

(d) Improper in motivation or based on irrelevant considerations;

(e) Unclear or inadequately explained when reasons should have been revealed; or

(f) Inefficiently performed.

(2) The Public Counsel may also work to strengthen procedures and practices which lessen the risk that objectionable administrative acts will occur.

(1) The Public Counsel may receive a complaint from any person concerning an administrative act. The Public Counsel shall conduct a suitable investigation into the things complained of unless the Public Counsel believes that:

(a) The complainant has another remedy available which the complainant could reasonably be expected to use;

(b) The grievance pertains to a matter outside the Public Counsel's power;

(c) The complainant's interest is insufficiently related to the subject matter;

(d) The complaint is trivial, frivolous, vexatious, or not made in good faith;

(e) Other complaints are more worthy of attention;

(f) The Public Counsel's resources are insufficient for adequate investigation; or

(g) The complaint has been too long delayed to justify present examination of its merit.

(2) The Public Counsel's declining to investigate a complaint shall not bar the Public Counsel from proceeding on the Public Counsel's own motion to inquire into related problems. After completing consideration of a complaint, whether or not it has been investigated, the Public Counsel shall suitably inform the complainant and the administrative agency involved.

Before announcing a conclusion or recommendation that expressly or impliedly criticizes an administrative agency or any person, the Public Counsel shall consult with such agency or person.

(1) If, having considered a complaint and whatever material the Public Counsel deems pertinent, the Public Counsel is of the opinion that an administrative agency should (a) consider the matter further, (b) modify or cancel an administrative act, (c) alter a regulation or ruling, (d) explain more fully the administrative act in question, or (e) take any other step, the Public Counsel shall make recommendations to the administrative agency. The agency may inform the Public Counsel about the action taken on such recommendations or the reasons for not complying with them.

(2) If the Public Counsel believes that an administrative action has been dictated by a statute creating results that are unfair or otherwise objectionable, the Public Counsel shall notify the Legislature of the Public Counsel's views concerning desirable statutory change.

The Public Counsel may report conclusions and suggestions by transmitting them to the Governor, the Legislature or any of its committees, the press, and others who may be concerned. When publishing an opinion adverse to an administrative agency, the Public Counsel shall include any statement the administrative agency may have made to the Public Counsel by way of explaining its past difficulties or its present rejection of the Public Counsel's proposals.

(1) In addition to whatever reports the Public Counsel may make from time to time, the Public Counsel shall no later than February 15 of each year report to the Clerk of the Legislature and to the Governor concerning the exercise of the Public Counsel's functions during the preceding calendar year. The report submitted to the Clerk of the Legislature shall be submitted electronically. In discussing matters with which the Public Counsel has dealt, the Public Counsel need not identify those immediately concerned if to do so would cause needless hardship. If the annual report criticizes any named agencies or officials, the report must also include the replies of the named agencies or officials to such criticism. Each member of the Legislature shall receive an electronic copy of such report by making a request for it to the Public Counsel.

(2) On or before December 15 of each year, the Public Counsel shall submit a report electronically to the Clerk of the Legislature as required under section 83-104 regarding state institutions.

If the Public Counsel has reason to believe that any public officer or employee has acted in a manner warranting criminal or disciplinary proceedings, the Public Counsel shall refer the matter to the appropriate authorities.

(1) No proceeding, opinion, or expression of the Public Counsel shall be reviewable in any court. Neither the Public Counsel nor any member of the Public Counsel's staff shall be required to testify or produce evidence in any judicial or administrative proceeding concerning matters within the Public Counsel's official cognizance, except in a proceeding brought to enforce the Office of Public Counsel Act.

(2) Reports of investigations conducted by the Public Counsel are not public records for purposes of sections 84-712 to 84-712.09.

(1) A person who willfully obstructs or hinders the proper exercise of the Public Counsel's functions, or who willfully misleads or attempts to mislead the Public Counsel's inquiries, shall be guilty of a Class II misdemeanor. No employee of the State of Nebraska who files a complaint pursuant to the Office of Public Counsel Act shall be subject to any penalties, sanctions, or restrictions in connection with such employee's employment because of such complaint.

(2) Consistent with the Nebraska Rules of Professional Conduct, counsel for the administrative agency that is the subject of an investigation by the office of Public Counsel shall not represent a witness. A witness may request that agency counsel be present while being questioned, but the administrative agency shall not require a witness to make such a request. If such a request is made, the administrative agency shall inform the witness that agency counsel does not represent the witness.

(1) Except as otherwise provided by law, any confidential information or confidential records shared with the office of Public Counsel shall remain confidential and shall not be shared by an employee of the office with any person who is not an employee of the office, including any member of the Legislative Oversight Committee.

(2) The office of Public Counsel and the Division of Legislative Oversight may share confidential information as necessary to carry out the responsibilities of such office and division. Such sharing of confidential information shall include, but not be limited to, the sharing of confidential information when necessary to refer complaints between such office and division and to assist in investigations and the resolution of complaints. The office of Public Counsel and the Division of Legislative Oversight, at the discretion of the Public Counsel and the Director of Legislative Oversight, may coordinate to work jointly on complaints and investigations in circumstances of overlapping jurisdiction.

(3) If any employee of the office of Public Counsel knowingly divulges or makes known, in any manner not permitted by law, confidential information or confidential records, it shall be grounds for dismissal.

(1) At the request of the Public Counsel, the Executive Board of the Legislative Council, by a majority vote, may issue subpoenas in connection with a specific inquiry or investigation undertaken pursuant to the Office of Public Counsel Act to compel the production of records and information and sworn testimony or other evidence deemed relevant to such inquiry or investigation. The executive board shall vote to determine whether to issue a subpoena within ten days after receipt of the request.

(2) When authorized to issue subpoenas under this section, the executive board may require any person to provide the records or information requested within thirty days after the request except as provided for in the subpoena or to appear at a hearing on the date set in the subpoena.

(3) Litigation to compel or quash compliance with the authority exercised pursuant to this section shall be advanced on the trial docket and heard and decided by the court as quickly as possible. The court shall issue its decision no later than twenty days after the filing of the application or petition or a motion to quash, whichever is filed first. Either party may appeal to the Court of Appeals within ten days after a decision is rendered.

(4) The district court of Lancaster County has jurisdiction over all litigation arising under this section. In all such litigation, the executive board shall provide for legal representation for the office.

(5) In case of disobedience on the part of any person to comply with any subpoena issued pursuant to this section, the executive board shall vote on whether to find the person in contempt or to find that the failure to comply was not willful.

(6) If the executive board finds a person in contempt as provided in subsection (5) of this section, the executive board may, by application or petition to the district court of Lancaster County, request that the court compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court. The application or petition shall be filed by the chairperson of the executive board.

(7) A person required to provide information under this section shall be paid the same fees and travel allowances and shall be accorded the same privileges and immunities as are extended to witnesses in the district courts of this state and shall also be entitled to have counsel present while being questioned. Any fees associated with counsel present under this section shall not be the responsibility of the office of Public Counsel or the Legislative Council.