81-101. Executive department; civil administration vested in Governor; departments created.

The civil administration of the laws of the state is vested in the Governor. For the purpose of aiding the Governor in the execution and administration of the laws, the executive and administrative work shall be divided into the following agencies: (1) Department of Agriculture; (2) Department of Labor; (3) Department of Transportation; (4) Department of Natural Resources; (5) Department of Banking and Finance; (6) Department of Insurance; (7) Department of Motor Vehicles; (8) Department of Administrative Services; (9) Department of Economic Development; (10) Department of Correctional Services; (11) Nebraska State Patrol; and (12) Department of Health and Human Services.

Source:Laws 1929, c. 51, § 1, p. 209; C.S.1929, § 81-101; Laws 1933, c. 149, § 1, p. 571; C.S.Supp.,1941, § 81-101; R.S.1943, § 81-101; Laws 1955, c. 329, § 4, p. 1027; Laws 1957, c. 365, § 8, p. 1236; Laws 1957, c. 366, § 51, p. 1282; Laws 1959, c. 424, § 1, p. 1423; Laws 1961, c. 415, § 29, p. 1259; Laws 1961, c. 416, § 9, p. 1267; Laws 1963, c. 504, § 1, p. 1609; Laws 1969, c. 778, § 1, p. 2949; Laws 1973, LB 563, § 16; Laws 1976, LB 561, § 4; Laws 1981, LB 541, § 4; Laws 1991, LB 58, § 2; Laws 1996, LB 1044, § 835; Laws 1999, LB 36, § 35;    Laws 2000, LB 900, § 246;    Laws 2007, LB296, § 726;    Laws 2007, LB334, § 102;    Laws 2017, LB339, § 272.    


Cross References

Annotations

81-101.01. Repealed. Laws 1981, LB 497, § 1.

81-102. Department heads; enumeration; appointment and confirmation; removal.

The Governor shall appoint heads for the various agencies listed in section 81-101, subject to confirmation by a majority vote of the members elected to the Legislature. Such appointments shall be submitted to the Legislature within sixty calendar days following the first Thursday after the first Tuesday in each odd-numbered year. The officers shall be designated as follows: (1) The Director of Agriculture for the Department of Agriculture; (2) the Commissioner of Labor for the Department of Labor; (3) the Director-State Engineer for the Department of Transportation; (4) the Director of Natural Resources for the Department of Natural Resources; (5) the Director of Banking and Finance for the Department of Banking and Finance; (6) the Director of Insurance for the Department of Insurance; (7) the Director of Motor Vehicles for the Department of Motor Vehicles; (8) the Director of Administrative Services for the Department of Administrative Services; (9) the Director of Correctional Services for the Department of Correctional Services; (10) the Director of Economic Development for the Department of Economic Development; (11) the Superintendent of Law Enforcement and Public Safety for the Nebraska State Patrol; (12) the Property Tax Administrator as the chief administrative officer of the property assessment division of the Department of Revenue; and (13) the chief executive officer for the Department of Health and Human Services. Whoever shall be so nominated by the Governor and shall fail to receive the number of votes requisite for confirmation, shall not be subject to nomination or appointment for this or any other appointive state office requiring confirmation by the Legislature during the period for which his or her appointment was sought. In case of a vacancy in any of such offices during the recess of the Legislature, the Governor shall make a temporary appointment until the next meeting of the Legislature, when he or she shall nominate some person to fill such office. Any person so nominated who is confirmed by the Legislature, shall hold his or her office during the remainder of the term if a specific term has been provided by law, otherwise during the pleasure of the Governor subject to the provisions of this section; except any such officers may be removed by the Governor pursuant to Article IV of the Constitution of Nebraska.

Source:Laws 1929, c. 51, § 2, p. 209; C.S.1929, § 81-102; Laws 1933, c. 149, § 2, p. 571; Laws 1941, c. 177, § 1, p. 695; C.S.Supp.,1941, § 81-102; R.S.1943, § 81-102; Laws 1953, c. 335, § 1, p. 1100; Laws 1957, c. 365, § 9, p. 1237; Laws 1957, c. 366, § 52, p. 1282; Laws 1961, c. 415, § 30, p. 1260; Laws 1961, c. 416, § 10, p. 1268; Laws 1963, c. 504, § 2, p. 1609; Laws 1969, c. 778, § 2, p. 2950; Laws 1969, c. 514, § 4, p. 2105; Laws 1973, LB 563, § 17; Laws 1976, LB 561, § 5; Laws 1981, LB 249, § 4; Laws 1981, LB 541, § 5; Laws 1982, LB 404, § 34; Laws 1996, LB 1044, § 836; Laws 1999, LB 36, § 36;    Laws 2000, LB 900, § 247;    Laws 2007, LB296, § 727;    Laws 2007, LB334, § 103;    Laws 2017, LB339, § 273.    


Annotations

81-102.01. Repealed. Laws 1981, LB 497, § 1.

81-103. Department heads; salaries; powers of Governor.

The Governor shall have authority to establish the salaries of all persons connected with the various departments including the heads thereof.

Source:Laws 1929, c. 51, § 3, p. 210; C.S.1929, § 81-103; Laws 1933, c. 149, § 3, p. 572; Laws 1937, c. 194, § 1, p. 789; Laws 1941, c. 181, § 1, p. 712; C.S.Supp.,1941, § 81-103; Laws 1943, c. 212, § 1, p. 698; R.S.1943, § 81-103; Laws 1945, c. 223, § 1, p. 667; Laws 1947, c. 309, § 1, p. 941; Laws 1951, c. 303, § 3, p. 996; Laws 1953, c. 335, § 2, p. 1100; Laws 1957, c. 365, § 10, p. 1237; Laws 1957, c. 366, § 53, p. 1283; Laws 1957, c. 367, § 8, p. 1292; Laws 1959, c. 425, § 3, p. 1428; Laws 1961, c. 415, § 31, p. 1261; Laws 1961, c. 416, § 11, p. 1269; Laws 1963, c. 507, § 1, p. 1614; Laws 1963, c. 503, § 2, p. 1607; Laws 1963, c. 505, § 1, p. 1612; Laws 1963, c. 504, § 3, p. 1610; Laws 1965, c. 543, § 1, p. 1730.


Cross References

Annotations

81-103.01. Repealed. Laws 1957, c. 367, § 11.

81-103.02. Repealed. Laws 1959, c. 266, § 1.

81-103.03. Repealed. Laws 1971, LB 33, § 1.

81-103.04. Repealed. Laws 1961, c. 286, § 1.

81-103.05. Repealed. Laws 1967, c. 402, § 1.

81-103.06. Repealed. Laws 1967, c. 402, § 1.

81-103.07. Repealed. Laws 1967, c. 402, § 1.

81-103.08. Repealed. Laws 1967, c. 402, § 1.

81-104. Expending agency; special funds; available for expenditure upon approval of estimate of expenses.

No appropriation from any fund except the General Fund shall become available for expenditure for any expending agency until such department shall submit to the Governor estimates of the amount required for each activity to be carried on, and such estimates shall have been approved by the Governor. A statement of the estimates as allowed shall be promptly furnished the Director of Administrative Services for his guidance.

Source:Laws 1929, c. 51, § 4, p. 210; C.S.1929, § 81-104; R.S.1943, § 81-104.


81-104.01. Agency; petty cash funds; how established; voucher; warrant.

Whenever a need exists, the executive head of any agency of state government may make application to the Director of Administrative Services and the Auditor of Public Accounts to establish and maintain a petty cash fund of not less than twenty-five dollars nor more than three hundred dollars at a specific location in this state. Such application shall specify the purpose for which the fund is to be used. When the Director of Administrative Services and the Auditor of Public Accounts have approved the establishment of any such fund, a voucher shall be submitted to the Department of Administrative Services accompanied by such information as the department may require for the establishment thereof. The Director of Administrative Services shall issue a warrant for the amount specified and deliver it to the establishing agency. The funds to initiate the petty cash fund shall be drawn from the appropriate fund of the agency based on the use of the petty cash fund. When it becomes necessary to replenish any such fund, the voucher therefor shall be accompanied by an accounting of transactions of the fund in such form and detail as the Department of Administrative Services may provide.

Source:Laws 1977, LB 513, § 1; Laws 1984, LB 933, § 10; Laws 1986, LB 930, § 2.


81-105. Repealed. Laws 1965, c. 538, § 40.

81-106. Tax Commissioner; examination and audit of books of Auditor of Public Accounts; report to Governor and Clerk of the Legislature.

The Tax Commissioner shall annually examine and audit or supervise and direct the examination and audit of the books, accounts, vouchers, records, and expenditures of the office of Auditor of Public Accounts and report promptly to the Governor and the Clerk of the Legislature the result of such examination and audit. The report submitted to the Clerk of the Legislature shall be submitted electronically. Each member of the Legislature shall receive an electronic copy of such report by making a request for it to the Tax Commissioner.

Source:Laws 1929, c. 51, § 6, p. 211; C.S.1929, § 81-106; Laws 1933, c. 96, § 15, p. 394; Laws 1941, c. 180, § 6, p. 703; C.S.Supp.,1941, § 81-106; Laws 1943, c. 216, § 1, p. 710; R.S.1943, § 81-106; Laws 1951, c. 310, § 1, p. 1063; Laws 1955, c. 231, § 14, p. 724; Laws 1965, c. 538, § 28, p. 1714; Laws 1979, LB 322, § 39; Laws 2012, LB782, § 164.    


Cross References

81-107. Departments; assistants and employees; appointment; termination; compensation.

The Governor shall, in each department, have the power to appoint such deputies, assistants, employees, and clerical help, as shall be necessary or essential to the economical, efficient and proper enforcement and administration of the laws of the state, and shall at the same time fix the salaries of such appointees and prescribe their duties. The Governor shall also have the power to discontinue the service of the head of any department or any employee when, in his judgment, the same is no longer necessary. Such an appointee may be required to serve in one or more departments and may be transferred from one department to another from time to time as an efficient and economical administration shall require. The Governor shall confer with the heads of the several departments who shall make recommendations to the Governor, from time to time, relative to appointments, services, salaries, and duties of the appointees for their respective departments. In providing for deputies, assistants, employees, or clerical help, the total expenditures for the biennium shall not exceed the appropriation made by the Legislature for such departments.

Source:Laws 1919, c. 190, § 5, p. 437; C.S.1922, § 7246; C.S.1929, § 81-108; R.S.1943, § 81-107; Laws 1945, c. 238, § 24, p. 715; Laws 1951, c. 311, § 6, p. 1068.


Annotations

81-108. Department heads; restrictions on office holding or employment; exceptions.

(1) Except as provided in subsection (2) of this section, no head of any department referred to in section 81-101 shall hold any other public office or receive any profit from any other public or private employment. For purposes of this section, employment shall not be interpreted to mean membership on the board of directors of any corporation, business, or association, whether or not the head of the department receives compensation for such membership.

(2) Nothing in this section shall be interpreted as prohibiting the head of one of the departments referred to in section 81-101 from serving on any public advisory or policymaking board, commission, committee, or council.

Source:Laws 1919, c. 190, § 6, p. 438; C.S.1922, § 7247; C.S.1929, § 81-109; R.S.1943, § 81-108; Laws 1953, c. 335, § 3, p. 1101; Laws 1955, c. 329, § 5, p. 1027; Laws 1959, c. 424, § 2, p. 1423; Laws 1981, LB 249, § 5; Laws 1983, LB 82, § 1; Laws 1991, LB 852, § 1; Laws 2009, LB322, § 4.    


81-109. Department heads; serve without term; exception.

Each head of a department shall serve without term.

Source:Laws 1919, c. 190, § 8, p. 438; C.S.1922, § 7249; C.S.1929, § 81-111; R.S.1943, § 81-109; Laws 1963, c. 335, § 4, p. 1101; Laws 1953, c. 506, § 1, p. 1613; Laws 1963, c. 507, § 2, p. 1614; Laws 1965, c. 543, § 2, p. 1730; Laws 1981, LB 249, § 6; Laws 1999, LB 36, § 37;    Laws 2007, LB334, § 104.    


Annotations

81-110. Departments; officers; oath.

Each head of a department, deputy, and assistant shall, before entering upon the duties of his office, subscribe and take the constitutional oath of office, which shall be filed in the office of the Secretary of State.

Source:Laws 1919, c. 190, § 9, p. 438; C.S.1922, § 7250; C.S.1929, § 81-112; R.S.1943, § 81-110.


Cross References

Annotations

81-111. Departments; officers; bond or insurance required.

Each head of a department shall be bonded or insured as required by section 11-201, which bond or policy shall be filed in the office of the Secretary of State.

Source:Laws 1919, c. 190, § 10, p. 438; C.S.1922, § 7251; C.S.1929, § 81-113; R.S.1943, § 81-111; Laws 1947, c. 16, § 5, p. 101; Laws 1967, c. 36, § 6, p. 163; Laws 1978, LB 653, § 30; Laws 2004, LB 884, § 39.    


Cross References

Annotations

81-112. Department heads; rules and regulations; power to make.

The head of each department is empowered to prescribe regulations, not inconsistent with law, for the government of his department, the conduct of its employees and clerks, the distribution and performance of its business, and the custody, use and preservation of the records, papers, books, documents and property pertaining thereto.

Source:Laws 1919, c. 190, § 11, p. 439; C.S.1922, § 7252; C.S.1929, § 81-114; R.S.1943, § 81-112.


Annotations

81-113. Departments; business hours.

Each department shall be open for the transaction of business at least from 8 a.m. until 5 p.m., of each day except Saturdays, Sundays, and days declared by statutory enactment or proclamation of the President or Governor to be holidays.

Source:Laws 1919, c. 190, § 13, p. 439; C.S.1922, § 7254; C.S.1929, § 81-115; R.S.1943, § 81-113.


81-114. Departments; official seal.

Each department shall adopt an official seal.

Source:Laws 1919, c. 190, § 14, p. 439; C.S.1922, § 7255; C.S.1929, § 81-116; R.S.1943, § 81-114.


81-115. Repealed. Laws 1957, c. 398, § 6.

81-116. Repealed. Laws 1973, LB 469, § 2.

81-117. Department heads; employees; extra services; compensatory time off or payment; employees on hourly basis; guaranteed workweek; work period; how treated.

(1) No head of a department or employee therein employed at a fixed compensation shall be paid for any extra services, unless expressly authorized by law; Provided, that when any employee is required to work more than forty hours in any week he or she may, in the discretion of the department head, be granted compensatory time off at the rate of one and one-half times the hours worked in excess of forty in subsequent weeks when his or her duties will permit, or be paid a sum equivalent to one and one-half times his or her hourly pay or his or her monthly pay prorated on an hourly basis for such overtime hours.

(2) No state agency, engaged in the operation of a hospital or an establishment which is an institution primarily engaged in the care of the sick, the aged, or the mentally ill or defective who reside on the premises, shall be deemed to have violated sections 81-117 to 81-117.02 if a period of eight hours per day or eighty hours per fourteen consecutive calendar days is established for purposes of determining overtime compensation. Regular employees working on the hourly basis shall be paid wages equivalent to their regular wages for the usual number of work hours for days declared by statutory act or proclamation of the President of the United States or the Governor to be holidays; Provided, employees who have had at least one year of continuous employment with the state as hourly employees shall be guaranteed forty hours work each week.

(3) No state agency shall be deemed to have violated sections 81-117 to 81-117.02 with respect to employment in fire protection activities, law enforcement activities, including security personnel at correctional institutions, or agricultural activities, if (a) in a work period of twenty-eight consecutive days the employee receives, for four tours of duty which in the aggregate exceed two hundred hours, or (b) in the case of such employees to whom a work period of at least seven but less than twenty-eight days applies, in such work periods the employee receives, for four tours of duty which in the aggregate exceed the number of hours which bear the same ratio to the number of consecutive days of work period as two hundred hours bears to twenty-eight days, compensation at a rate not less than one and one-half times the regular rate at which the employee is paid for all hours in excess of subdivisions (a) and (b) of this subsection.

Source:Laws 1919, c. 190, § 17, p. 439; C.S.1922, § 7258; C.S.1929, § 81-119; R.S.1943, § 81-117; Laws 1955, c. 231, § 15, p. 725; Laws 1959, c. 426, § 1, p. 1429; Laws 1965, c. 545, § 1, p. 1732; Laws 1977, LB 88, § 2; Laws 1981, LB 545, § 51.


Annotations

81-117.01. Terms, defined.

As used in section 81-117, unless the context otherwise requires:

(1) Employee shall mean an employee of any state agency, department, commission, board, or office, except (a) state employees who hold a publicly elected office of the State of Nebraska, (b) state employees who serve as a chief administrative officer for a state agency, department, commission, board, or office, and (c) all academic personnel of the University of Nebraska and the state colleges;

(2) Department shall mean and include any state agency, department, commission, board, or office, specifically including the University of Nebraska and the state colleges; and

(3) Overtime pay is computed on the basis of hours worked.

Source:Laws 1977, LB 88, § 1.


81-117.02. Compensatory time off or payment; when not applicable.

The payment or granting of compensatory time off in lieu of payment as prescribed in sections 81-117 to 81-117.02 shall not apply to (1) agency heads, their deputies and assistants, (2) chiefs of divisions, bureaus, or comparable organizational elements, and (3) other professional, executive, and administrative employees occupying classes of positions that by custom in business, industry, and other governmental jurisdictions are normally exempt from receiving overtime pay and may require the individual to work extra and irregular hours and that acceptance of such position constitutes the employee's acknowledgment that such requirement is a part of an obligation to the state as an employee thereof. The term deputy as used in this section shall not apply to the deputy state fire marshals or deputy state sheriffs.

Source:Laws 1977, LB 88, § 3.


81-118. Departments; receipts; payment to treasury; expenditures; when authorized.

The gross amount of money received by every department, from whatever source, belonging to or for the use of the state, shall be paid into the state treasury, without delay, not later in any event than ten days after the receipt of the same, without any deduction on account of salaries, fees, costs, charges, expenses or claims of any description whatever. No money belonging to or for the use of the state shall be expended or applied by any department except in consequence of an appropriation made by law and upon the warrant of the Director of Administrative Services.

Source:Laws 1919, c. 190, § 19, p. 440; C.S.1922, § 7260; C.S.1929, § 81-120; R.S.1943, § 81-118.


81-118.01. Electronic payment; acceptance; conditions.

(1) Any state official or state agency may accept credit cards, charge cards, or debit cards, whether presented in person or electronically, or electronic funds transfers as a method of cash payment of any tax, levy, excise, duty, custom, toll, interest, penalty, fine, license, fee, or assessment of whatever kind or nature, whether general or special, as provided by section 77-1702.

(2) The total amount of such taxes, levies, excises, duties, customs, tolls, interest, penalties, fines, licenses, fees, or assessments of whatever kind or nature, whether general or special, paid for by credit card, charge card, debit card, or electronic funds transfer shall be collected by the state official or state agency.

(3) Any state official or state agency operating a facility in a proprietary capacity may choose to accept credit cards, charge cards, or debit cards, whether presented in person or electronically, or electronic funds transfers as a means of cash payment, and may adjust the price for services to reflect the handling and payment costs.

(4) The state official or state agency shall obtain, for each transaction, authorization for use of any credit card, charge card, or debit card used pursuant to this section from the financial institution, vending service company, credit card or charge card company, or third-party merchant bank providing such service.

(5) The types of credit cards, charge cards, or debit cards accepted and the payment services provided for any state official or state agency shall be determined by the State Treasurer and the Director of Administrative Services with the advice of the committee convened pursuant to subsection (5) of section 13-609. The State Treasurer and the director shall contract with one or more credit card, charge card, or debit card companies or third-party merchant banks for services on behalf of the state and those counties, cities, and political subdivisions that choose to participate in the state contract for such services. Any negotiated discount, processing, or transaction fee imposed by a credit card, charge card, or debit card company or third-party merchant bank shall be considered, for purposes of this section, as an administrative expense.

(6) A state official or state agency obtaining, for each transaction, authorization for use of any credit card or charge card used pursuant to this section may, but is not required to, impose a surcharge or convenience fee upon the person making a payment by credit card or charge card so as to wholly or partially offset the amount of any discount or administrative fees charged to the state agency, but the surcharge or convenience fee shall not exceed the surcharge or convenience fee imposed by the credit card or charge card companies or third-party merchant banks which have contracted under subsection (5) of this section. The surcharge or convenience fee shall be applied only when allowed by the operating rules and regulations of the credit card or charge card involved or when authorized in writing by the credit card or charge card company involved. When a person elects to make a payment to a state agency by credit card or charge card and such a surcharge or convenience fee is imposed, the payment of such surcharge or convenience fee shall be deemed voluntary by such person and shall be in no case refundable. If a payment is made electronically by credit card, charge card, debit card, or electronic funds transfer as part of a system for providing or retrieving information electronically, the state official or state agency shall be authorized but not required to impose an additional surcharge or convenience fee upon the person making a payment.

(7) For purposes of this section, electronic funds transfer means the movement of funds by nonpaper means, usually through a payment system, including, but not limited to, an automated clearinghouse or the Federal Reserve's Fedwire system.

Source:Laws 1978, LB 612, § 1; Laws 1997, LB 70, § 6; Laws 2002, LB 994, § 31.    


81-118.02. State purchasing card program; created; requirements; State Treasurer and Director of Administrative Services; duties.

(1) A state purchasing card program shall be created. The State Treasurer and the Director of Administrative Services shall determine the type of purchasing card or cards utilized in the state purchasing card program. The State Treasurer shall contract with one or more financial institutions, card-issuing banks, credit card companies, charge card companies, debit card companies, or third-party merchant banks capable of operating the state purchasing card program on behalf of the state and those political subdivisions that participate in the state contract for such services. After the state purchasing card program has been in existence for two years, a joint report issued from the State Treasurer and the director shall be submitted to the Legislature and the Governor not later than January 1, 2001. The report shall include, but not be limited to, the utilization, costs, and benefits of the program. The state purchasing card program shall be administered by the Department of Administrative Services. The department may adopt and promulgate rules and regulations as needed for the implementation of the state purchasing card program. The department may adopt and promulgate rules and regulations providing authorization instructions for all transactions. Expenses associated with the state purchasing card program shall be considered, for purposes of this section, as an administrative or operational expense.

(2) Any state official, state agency, or political subdivision may utilize the state purchasing card program for the purchase of goods and services for and on behalf of the State of Nebraska.

(3) Vendors accepting the state's purchasing card shall obtain authorization for all transactions in accordance with the department's authorization instructions. Authorization shall be from the financial institution, card-issuing bank, credit card company, charge card company, debit card company, or third-party merchant bank contracted to provide such service to the State of Nebraska. Each transaction shall be authorized in accordance with the instructions provided by the department for each state official, state agency, or political subdivision.

(4) An itemized receipt for purposes of tracking expenditures shall accompany all state purchasing card purchases. In the event that an itemized receipt does not accompany such a purchase, the Department of Administrative Services shall have the authority to temporarily or permanently suspend state purchasing card purchases in accordance with rules and regulations adopted and promulgated by the department.

(5) Upon the termination or suspension of employment of an individual using a state purchasing card, such individual's state purchasing card account shall be immediately closed and he or she shall return the state purchasing card to the department or agency from which it was obtained.

(6) No officer or employee of the state shall use a state purchasing card for any unauthorized use as determined by the department by rule and regulation.

Source:Laws 1999, LB 113, § 1;    Laws 2016, LB978, § 1.    


81-119. Departments; investigations; power to compel testimony and produce documents.

Each department created by section 81-101 shall have power through its head, or any deputy, assistant, or employee, when authorized by him or her, to make a thorough investigation into all the books, papers, and affairs of any person, firm, or corporation when in the judgment of such department such examination is necessary to the proper performance of its duties and the efficient enforcement of the laws. Such department may subpoena witnesses to attend investigative hearings and have such witnesses bring with them books, accounts, and documents necessary for a thorough investigation. Such witnesses may be examined under oath. These powers shall not be used for criminal investigations.

Source:Laws 1919, c. 190, § 24, p. 442; C.S.1922, § 7265; C.S.1929, § 81-123; R.S.1943, § 81-119; Laws 2008, LB952, § 1.    


81-120. State agency; securities; held for safekeeping; book entry account.

Any state agency which receives and holds securities for safekeeping purposes may hold and evidence such securities by book entry account rather than obtaining and retaining the original certificate.

Source:Laws 1978, LB 763, § 3; R.S.1943, (1989), § 24-604.01; Laws 1990, LB 824, § 1.


81-121. Repealed. Laws 1951, c. 312, § 1.

81-122. Repealed. Laws 1951, c. 312, § 1.

81-123. Repealed. Laws 1986, LB 741, § 1.

81-124. Repealed. Laws 1986, LB 741, § 1.

81-125. State budget; submission to Legislature by Governor; when; contents.

The Governor shall on or before January 15 of each odd-numbered year present to the Legislature a complete budget for all the activities of the state receiving appropriations or requesting appropriations, except that the Governor during his or her first year in office shall present such budget to the Legislature on or before February 1. Such budget shall be a tentative work program for the coming biennium, shall contain a full and itemized report of the expenditures from appropriations made by the previous Legislature and the items which the Governor deems worthy of consideration for the coming biennium, for the respective departments, offices, and institutions, and for all other purposes, and shall contain the estimated revenue from taxation, the estimated revenue from sources other than taxation, an estimate of the amount required to be raised by taxation and the sales and income tax rates necessary to raise such amount, the revenue foregone by operation of laws in effect at the time of such report granting tax expenditures and reduced tax liabilities as identified in the report required by section 77-5731, and recommendations as to deficiency funding requirements pursuant to section 81-126. The summary of the tax expenditure report prepared pursuant to subsection (1) of section 77-385 and a summary of the report required by section 77-5731 shall be included with or appended to the budget presented to the Legislature. The Governor may make recommendations whether to continue or eliminate, in whole or in part, each tax expenditure and incentive program or to limit the duration of particular tax expenditures and incentives to a fixed number of years and shall include his or her reasoning for each recommendation, if any. The recommendations shall be transmitted to the Revenue Committee of the Legislature at the same time the Governor submits a budget as required in this section. The budget as transmitted to the Legislature shall show the estimated requirements for each activity of the state as prepared by the Department of Administrative Services and the final recommendation of the Governor. The budget shall comprise the complete report to the Legislature of all appropriations made for the current biennium and expenditures therefrom by all agencies receiving appropriations, and the report of expenditures contained in the budget shall be in lieu of all other biennial or other financial reports required by statute to the Legislature by expending agencies of appropriations and expenditures for their own activities except the biennial report of the State Treasurer and Director of Administrative Services.

Source:Laws 1921, c. 210, § 1, p. 745; C.S.1922, § 7268; C.S.1929, § 81-301; R.S.1943, § 81-125; Laws 1967, c. 577, § 1, p. 1907; Laws 1978, LB 526, § 2; Laws 1983, LB 169, § 3; Laws 1986, LB 258, § 24; Laws 1991, LB 82, § 4; Laws 2013, LB629, § 2;    Laws 2014, LB989, § 4.    


Cross References

81-125.01. State budget; include reserve.

The Governor, when preparing the budget provided for in section 81-125, and the Legislature, when preparing its proposed budget, shall include a reserve requirement, calculated pursuant to subsection (1) of section 77-2715.01, of not less than three percent of the appropriations included in such budget, except that for the biennium ending June 30, 2019, the percentage shall not be less than two and one-half percent.

Source:Laws 1982, LB 757, § 3; Laws 1983, LB 59, § 10; Laws 1985, LB 282, § 2; Laws 2017, LB331, § 43.    


81-126. Governor; recommendations as to deficiency funding; bill form.

(1) The Governor shall present to each regular session of the Legislature his or her recommendations as to such deficiency funding requirements as he or she deems necessary for the continued operations of the various agencies, boards, and commissions of state government. The recommendations shall be in bill form and introduced to the Legislature as recommendations of the chief administrative office of the state, based upon the financial records and knowledge of the specific problems as brought to the attention of the Department of Administrative Services.

(2) For the purposes of subsection (1) of this section and the implementation of Article III, section 22, of the Constitution of Nebraska, deficiency shall mean any decrease or increase in any fund source for any budget program for the biennium in progress.

Source:Laws 1974, LB 1059, § 18; Laws 1978, LB 526, § 1; R.S.1943, (1984), § 50-423; Laws 1986, LB 258, § 8.


81-127. Repealed. Laws 1967, c. 577, § 2.

81-128. Repealed. Laws 1965, c. 538, § 40.

81-129. Director of Administrative Services; investigation of all spending agencies; reports.

It shall be the duty of the Director of Administrative Services to keep in close communication with each department, office, board, bureau, commission, or institution in the state for which money is to be appropriated and expended, including the executive and judicial departments, state colleges, university, and state institutions. The director shall make or cause to be made under his or her supervision an investigation of the needs and requirements thereof and whether the appropriations are being judiciously and economically expended for the purposes for which they were made and shall transmit to the Governor and to the expending agency a complete report of each such investigation. In making such inspections and investigations, he or she shall, at all reasonable times, have access to the offices of all state departments, boards, bureaus, commissions, and institutions and all public works of the state and may, for the purpose of obtaining information as to the operation and fiscal needs thereof, examine the books, papers, and public records therein, and the activities shall, through their proper officers, furnish such data, information, or statements as may be requested of them.

Source:Laws 1921, c. 210, § 5, p. 747; C.S.1922, § 7272; C.S.1929, § 81-305; R.S.1943, § 81-129; Laws 1987, LB 31, § 4.


81-130. Repealed. Laws 1965, c. 538, § 40.

81-131. Repealed. Laws 1965, c. 538, § 40.

81-132. State budget; departmental budget estimates; duty to submit; contents; proposed changes; filing.

(1) All departments, offices, institutions, and expending agencies of the state government requesting appropriations for the next biennium shall file in the office of the Director of Administrative Services the budget forms furnished them by the director under the provisions of sections 81-1113 and 81-1113.01. Such budget forms shall be filed on or before September 15 of each even-numbered year. The forms shall show their total estimated requirements for the next biennium for each unit of their organization and activity classified as to object of expenditure. With such forms, each department, office, institution, and expending agency shall file a report showing all money received by such department, office, institution, or expending agency together with the estimated receipts for the next biennium. Such estimates shall be accompanied by a statement in writing giving facts and explanations of reasons for each item of increased appropriation requested. The report submitted by the Department of Health and Human Services shall include, but not be limited to, the key goals, benchmarks, and progress reports required pursuant to sections 81-3133 to 81-3133.03.

(2) Any department, office, institution, or expending agency proposing changes to its appropriation for the biennium in progress shall file in the office of the Director of Administrative Services the budget forms for requesting such changes furnished by the director under the provisions of sections 81-1113 and 81-1113.01. Such forms shall be filed on or before October 24 of each odd-numbered year.

Source:Laws 1921, c. 210, § 8, p. 748; C.S.1922, § 7275; C.S.1929, § 81-308; R.S.1943, § 81-132; Laws 1978, LB 526, § 3; Laws 1986, LB 258, § 25; Laws 2002, Second Spec. Sess., LB 12, § 2;    Laws 2012, LB949, § 2;    Laws 2014, LB974, § 4;    Laws 2016, LB1092, § 2.    


81-133. State budget; estimates and recommendations; duty of Director of Administrative Services.

The Director of Administrative Services may, at the direction of the Governor, make further inquiry and investigation as to any item requested. He shall compile the requests of the different departments, offices, institutions and expending agencies of the state into a consolidated budget, together with his recommendation as to each item contained in the budget, and shall file the same with the Governor not later than November 15 preceding the convening of the regular session of the Legislature. He shall file with the Governor also all supporting schedules and written explanations furnished by the different agencies of the state.

Source:Laws 1921, c. 210, § 9, p. 748; C.S.1922, § 7276; C.S.1929, § 81-309; R.S.1943, § 81-133.


81-134. State budget; departmental budget estimates; Governor may alter.

The Governor shall have the right and authority to raise, lower or reject any requested appropriation or item therein, but in making any changes whatsoever, he shall give his reasons therefor in transmitting the budget to the Legislature.

Source:Laws 1921, c. 210, § 10, p. 749; C.S.1922, § 7277; C.S.1929, § 81-310; R.S.1943, § 81-134.


81-135. State budget; departmental needs; duty to supply information requested by Governor.

The departments, offices and institutions, and other agencies, shall upon request of the Governor furnish him any additional information which he may desire relative to their estimated requirements, expenditures or receipts.

Source:Laws 1921, c. 210, § 11, p. 749; C.S.1922, § 7278; C.S.1929, § 81-311; R.S.1943, § 81-135.


81-136. State budget; estimates; hearing; when authorized.

The Governor may provide for public hearings on any and all estimates included in the budget, which shall be held between November 15 and December 15 in the year preceding the regular session of the Legislature.

Source:Laws 1921, c. 210, § 12, p. 749; C.S.1922, § 7279; C.S.1929, § 81-312; R.S.1943, § 81-136.


81-137. State budget; appropriations bill; increase; when authorized.

The Governor shall also submit to the Legislature, at the same time he or she submits the budget, copies of a tentative bill for all proposed appropriations of the budget clearly itemized and properly classified, for the ensuing appropriation period, and no appropriation shall be made in excess of the items and recommendations contained in the budget unless by a three-fifths vote of the Legislature, but any item or recommendation therein contained may be rejected or decreased in amount.

Source:Laws 1921, c. 210, § 13, p. 749; C.S.1922, § 7280; C.S.1929, § 81-313; R.S.1943, § 81-137; Laws 1971, LB 28, § 1; Laws 1984, LB 933, § 11.


81-138. Appropriations; quarterly estimates required before expending.

No appropriation shall become available for expenditure to any expending agency until such department has submitted to the Director of Administrative Services quarterly estimates of the amount required in each fiscal year's quarter for each activity to be carried on and such estimates have been approved by the Governor. Accounts shall be kept and reports rendered showing the expenditures for each such purpose.

Source:Laws 1921, c. 210, § 15, p. 749; C.S.1922, § 7282; C.S.1929, § 81-315; R.S.1943, § 81-138; Laws 1986, LB 258, § 26.


81-138.01. Valid encumbrance; what constitutes.

For appropriation and expenditure purposes, encumbrances represent financial obligations which are chargeable to the current biennium's appropriation and for which a part of that appropriation is reserved. Encumbrances which are established in one biennium to be liquidated in a subsequent biennium shall be limited to the following types of transactions:

(1) A purchase order is issued, but the goods and accompanying invoice were not received and paid during the same biennium;

(2) Goods or services were received, but an invoice has not been received and paid;

(3) Goods or services and an invoice were received, but payment could not be made during the same biennium;

(4) Salaries have been earned and are payable to the employees, but have not been paid as of the end of the biennium as a result of pay periods not being consistent with the end of the biennium, except that higher education institutions may encumber payrolls for the remainder of the summer session which is in progress at the end of the state's biennium if they have been budgeted and appropriated in such manner; and

(5) A written agreement for a grant or award to distribute aid was signed but was not paid during the same biennium.

Source:Laws 1979, LB 233, § 1; Laws 1986, LB 258, § 27; Laws 1991, LB 651, § 1.


81-138.02. Contracts; not valid encumbrances; exception.

Contracts, other than a purchase order, for goods or services to be provided in a subsequent biennium do not represent valid encumbrances of current biennium appropriations and will require specific reappropriation by the Legislature. Only that portion of a contract which meets the criteria established in subdivision (2) of section 81-138.01 may be encumbered.

Source:Laws 1979, LB 233, § 2; Laws 1986, LB 258, § 28.


81-138.03. Encumbrance; when paid; lapse.

An encumbrance established in one biennium may only be carried over into the subsequent biennium. Any encumbrance shall be paid during the first biennium following the biennium in which established or shall be lapsed to the fund from which appropriated at the end of the first fiscal period following the biennium in which such encumbrance is established.

Source:Laws 1979, LB 233, § 3; Laws 1986, LB 258, § 29.


81-138.04. State budget officer; review encumbrances; lapse.

At the end of each biennium, the state budget officer shall review all encumbrances established in the preceding biennium and take appropriate action to lapse those encumbrances which do not meet the provisions of sections 81-138.01 to 81-138.04.

Source:Laws 1979, LB 233, § 4; Laws 1986, LB 258, § 30.


81-139. Repealed. Laws 1945, c. 242, § 1.

81-140. Repealed. Laws 1951, c. 312, § 1.

81-141. Repealed. Laws 1951, c. 312, § 1.

81-142. Repealed. Laws 1989, LB 16, § 1.

81-143. Repealed. Laws 1951, c. 59, § 1.

81-144. Repealed. Laws 1951, c. 59, § 1.

81-145. Materiel division; terms, defined.

As used in sections 81-145 to 81-162, unless the context otherwise requires:

(1) Materiel division shall mean the head of the division of the state government charged with the administration of sections 81-145 to 81-162 and 81-1118 to 81-1118.06, which division shall be a part of and subject to the supervision of the office of the Director of Administrative Services;

(2) Personal property shall include all materials, supplies, furniture, equipment, printing, stationery, automotive and road equipment, and other chattels, goods, wares, and merchandise whatsoever;

(3) Using agencies shall mean and include all officers of the state, departments, bureaus, boards, commissions, councils, and institutions receiving legislative appropriations; and

(4) Lease or contract shall mean an agreement entered into by the state or using agency with another party whereby, for a stated consideration, the state or using agency is to receive the personal property or use thereof furnished by the other party.

Source:Laws 1943, c. 215, § 1, p. 704; R.S.1943, § 81-145; Laws 1963, c. 508, § 1, p. 1616; Laws 1965, c. 538, § 29, p. 1714; Laws 1975, LB 359, § 3; Laws 1975, LB 447, § 1; Laws 1992, LB 1241, § 12; Laws 2000, LB 654, § 5.    


81-146. Sections; applicability.

Sections 81-145 to 81-162 and 81-1118 to 81-1118.03 shall not apply:

(1) To the erection, construction, or original equipment of any building or addition thereto, to the construction of any road or bridge, or to the performance of any like work;

(2) To the purchase or use of the products of the labor of the inmates of any charitable, reformatory, or penal institution of the state, but section 83-146 shall apply to such products; or

(3) To the leasing by the state or a using agency of real property.

Source:Laws 1943, c. 215, § 2, p. 705; R.S.1943, § 81-146; Laws 1957, c. 368, § 1, p. 1294; Laws 1963, c. 508, § 2, p. 1616; Laws 1975, LB 359, § 4; Laws 1981, LB 381, § 1; Laws 1992, LB 1241, § 13.


81-147. Materiel administrator; appointment.

The materiel administrator shall be appointed by the Director of Administrative Services.

Source:Laws 1943, c. 215, § 3, p. 705; R.S.1943, § 81-147; Laws 1959, c. 427, § 1, p. 1430; Laws 1969, c. 780, § 1, p. 2954.


81-148. Materiel administrator; salary.

The compensation of the head of the materiel division, who shall be designated as the materiel administrator, shall be fixed by the Director of Administrative Services subject to availability of appropriations.

Source:Laws 1943, c. 215, § 4, p. 705; R.S.1943, § 81-148; Laws 1945, c. 223, § 2, p. 668; Laws 1951, c. 338, § 6, p. 1118; Laws 1957, c. 368, § 2, p. 1294; Laws 1963, c. 508, § 3, p. 1616; Laws 1967, c. 612, § 2, p. 2059; Laws 1969, c. 780, § 2, p. 2955.


81-148.01. Repealed. Laws 1961, c. 286, § 1.

81-148.02. Repealed. Laws 1967, c. 402, § 1.

81-149. Materiel administrator; qualifications.

The materiel administrator shall have had at least three years practical experience, in the ten years immediately preceding appointment, as an executive in a regularly organized purchasing department of some branch of government, municipal, state, or federal, or of some private business firm or corporation. He or she shall not be, at any time during his or her term of office, connected, interested, or otherwise concerned, directly or indirectly, with any person, partnership, limited liability company, firm, association, corporation, or other vendor, agent, or intermediary, from or through whom any purchases or contracts for purchases shall be made by him or her during his or her incumbency in office.

Source:Laws 1943, c. 215, § 5, p. 705; R.S.1943, § 81-149; Laws 1963, c. 508, § 5, p. 1617; Laws 1975, LB 447, § 2; Laws 1993, LB 121, § 521; Laws 2000, LB 654, § 6.    


81-150. Materiel administrator; oath.

Before entering upon the discharge of his or her duties, the materiel administrator shall take and subscribe an oath, to be filed in the office of the Secretary of State, to the effect:

(1) That he or she will support the Constitution of the United States and the Constitution of Nebraska;

(2) That he or she will faithfully and impartially discharge the duties of his or her office; and

(3) That he or she is not then and will not be, at any time during his or her term of office, connected, interested, or otherwise concerned, directly or indirectly, with any person, partnership, limited liability company, firm, association, corporation, or other vendor, agent, or intermediary from or through whom any purchases or contracts for purchase, shall be made by him or her during his or her incumbency in office.

Source:Laws 1943, c. 215, § 6, p. 706; R.S.1943, § 81-150; Laws 1993, LB 121, § 522; Laws 2000, LB 654, § 7.    


Cross References

81-151. Materiel administrator; bond or insurance.

Before entering upon the discharge of his or her duties, the materiel administrator shall be bonded or insured as required by section 11-201. Neither expiration of term of office nor removal therefrom shall operate as a discharge of the bond or termination of the insurance, but it shall remain in full force and effect as provided by law. The premium shall be paid by the state.

Source:Laws 1943, c. 215, § 7, p. 706; R.S.1943, § 81-151; Laws 1978, LB 653, § 31; Laws 2000, LB 654, § 8;    Laws 2004, LB 884, § 40.    


81-152. Repealed. Laws 1963, c. 508, § 15.

81-153. Materiel division; powers and duties; enumerated.

The materiel division shall have the power and duty to:

(1) Purchase or contract for, in the name of the state, the personal property required by the using agencies and the state;

(2) Promulgate, apply, and enforce standard specifications established as provided in section 81-154;

(3) Sell and dispose of personal property that is not needed by the state or its using agencies as provided in section 81-161.04 or initiate trade-ins when determined to be in the best interest of the state;

(4) Determine the utility, quality, fitness, and suitability of all personal property tendered or furnished;

(5) Make rules and regulations consistent with sections 81-145 to 81-171 and 81-1118 to 81-1118.06 to carry into effect the provisions thereof. Such rules and regulations shall include provisions for modifying and terminating purchase contracts and the cost principles to be used in such modification or termination;

(6) Employ such clerical, technical, and other assistants as may be necessary to properly administer such sections, fix their compensation, and prescribe their duties in connection therewith, subject to existing laws and appropriations;

(7) Allow the purchase of personal property without competitive bidding when the price has been established by the federal General Services Administration or to allow the purchase of personal property by participation in a contract competitively bid by another state or group of states, a group of states and any political subdivision of any other state, or a cooperative purchasing organization on behalf of a group of states. The division may also give consideration to a sheltered workshop pursuant to section 48-1503 in making such purchases;

(8) Enter into any personal property lease agreement when it appears to be in the best interest of the state; and

(9) Negotiate purchases and contracts when conditions exist to defeat the purpose and principles of public competitive bidding.

Source:Laws 1943, c. 215, § 9, p. 706; R.S.1943, § 81-153; Laws 1947, c. 310, § 1(1), p. 942; Laws 1955, c. 231, § 16, p. 725; Laws 1957, c. 368, § 3, p. 1295; Laws 1963, c. 508, § 6, p. 1617; Laws 1974, LB 1054, § 31; Laws 1975, LB 359, § 5; Laws 1975, LB 447, § 3; Laws 1981, LB 381, § 2; Laws 1984, LB 540, § 12; Laws 1992, LB 1241, § 14; Laws 2000, LB 654, § 9;    Laws 2001, LB 96, § 1;    Laws 2014, LB974, § 5.    


Cross References

Annotations

81-153.01. Repealed. Laws 1963, c. 508, § 15.

81-154. Materiel division; standard specifications; establish and maintain; cooperation of using agencies; competitive bids.

The materiel division shall establish and maintain standard specifications for personal property purchased in the name of the state. The materiel division shall enlist the cooperation and assistance of the using agencies in the establishment, maintenance, and revision of standard specifications and shall encourage and foster the use of standard specifications in order that the most efficient purchase of personal property may be continuously accomplished. All such standard specifications shall be so drawn that it will be possible for three or more manufacturers, vendors, or suppliers to submit competitive bids. If a requisition for personal property exceeds fifty thousand dollars and bids cannot be obtained from three bidders, then the standard specifications of the personal property upon which bids are sought shall be reviewed by the materiel division and the using agencies involved. If it is determined by the materiel division, because of the special nature of the personal property sought to be purchased or leased or for any other reason, that the standard specifications should remain as written, bids may be accepted from a fewer number of bidders than three with the approval of the Governor or his or her designated representative.

Source:Laws 1943, c. 215, § 10, p. 707; R.S.1943, § 81-154; Laws 1963, c. 508, § 7, p. 1618; Laws 1975, LB 359, § 6; Laws 1981, LB 381, § 3; Laws 1984, LB 933, § 12; Laws 1992, LB 1241, § 15; Laws 1997, LB 314, § 5; Laws 2000, LB 654, § 10;    Laws 2007, LB256, § 4;    Laws 2017, LB320, § 1.    


81-154.01. Materiel division; University of Nebraska; purchase agreements.

The materiel division shall make available copies of current purchase agreements and standard specifications to the University of Nebraska. The University of Nebraska may utilize such purchase agreements if it determines that it would be to its advantage to do so. The materiel division may utilize purchase agreements entered into by the University of Nebraska upon a finding by the materiel administrator that the use of such agreements would be in the best interests of the state. For purposes of this section, purchase agreements do not include contracts for personal services subject to sections 73-301 to 73-307.

Source:Laws 1981, LB 381, § 4; Laws 2000, LB 654, § 11.    


81-155. Repealed. Laws 1965, c. 423, § 1.

81-156. Laboratory tests; fee.

The fee, required by any state or other laboratory for any analysis or test made by any prospective vendor prior to the award of a contract, shall be paid by such prospective vendor.

Source:Laws 1943, c. 215, § 12, p. 708; R.S.1943, § 81-156.


81-157. Repealed. Laws 1963, c. 508, § 15.

81-158. Repealed. Laws 1963, c. 508, § 15.

81-159. Requisitions by using agency; procedures used by materiel division.

Each using agency shall, at the time, in the form, and for the periods prescribed by the materiel division, present to it detailed requisition for all personal property to be purchased or leased. The materiel division shall then arrange such schedules as are included in or covered by the requisition for purchase and contract and for advertising them in the manner best calculated to attract competition and advantageous price as set forth in sections 81-145 to 81-162 and 81-1118 to 81-1118.06. It shall prescribe the terms and conditions for delivery, inspections, and all other details thereof.

Source:Laws 1943, c. 215, § 15, p. 708; R.S.1943, § 81-159; Laws 1963, c. 508, § 8, p. 1618; Laws 1975, LB 359, § 7; Laws 1981, LB 381, § 5; Laws 1992, LB 1241, § 16; Laws 2000, LB 654, § 12.    


81-160. Repealed. Laws 1963, c. 508, § 15.

81-161. Competitive bids; award to lowest responsible bidder; elements considered; energy star certified appliances.

(1) All purchases, leases, or contracts which by law are required to be based on competitive bids shall be made to the lowest responsible bidder, taking into consideration the best interests of the state, the quality or performance of the personal property proposed to be supplied, its conformity with specifications, the purposes for which required, and the times of delivery. In determining the lowest responsible bidder, in addition to price, the following elements shall be given consideration:

(a) The ability, capacity, and skill of the bidder to perform the contract required;

(b) The character, integrity, reputation, judgment, experience, and efficiency of the bidder;

(c) Whether the bidder can perform the contract within the time specified;

(d) The quality of performance of previous contracts;

(e) The previous and existing compliance by the bidder with laws relating to the contract;

(f) The life-cycle costs of the personal property in relation to the purchase price and specific use of the item;

(g) The performance of the personal property, taking into consideration any commonly accepted tests and standards of product usability and user requirements;

(h) Energy efficiency ratio as stated by the bidder for alternative choices of appliances or equipment;

(i) The information furnished by each bidder concerning life-cycle costs between alternatives for all classes of equipment, evidence of expected life, repair and maintenance costs, and energy consumption on a per-year basis;

(j) The results of the United States Environmental Protection Agency tests on fleet performance of motor vehicles. Each bidder shall furnish information relating to such results; and

(k) Such other information as may be secured having a bearing on the decision to award the contract.

(2) Any appliance purchased or leased pursuant to this section shall be energy star certified, except that the materiel administrator may exempt the purchase or lease of an appliance from this subsection if he or she determines that the cost of compliance would exceed the projected energy cost savings.

(3) All political subdivisions may follow the procurement principles set forth in this section if they are deemed applicable by the official authorized to make purchases for such political subdivision.

(4) For purposes of this section, energy star certified means approval of energy usage by the United States Environmental Protection Agency and the United States Department of Energy. Such approval may be signified by the display of the energy star label.

Source:Laws 1943, c. 215, § 17, p. 709; R.S.1943, § 81-161; Laws 1963, c. 508, § 9, p. 1619; Laws 1969, c. 780, § 3, p. 2955; Laws 1975, LB 359, § 8; Laws 1980, LB 954, § 60; Laws 1992, LB 1241, § 17; Laws 2000, LB 654, § 13;    Laws 2010, LB978, § 1.    


81-161.01. Competitive bids; time requirements; waiver.

A minimum of fifteen days shall elapse between the time formal bids are advertised and the time of their opening, except that this requirement may be waived by the materiel administrator upon a showing by the using agency of an emergency, sole or specialized source, or other unique requirement.

Source:Laws 1963, c. 508, § 10, p. 1620; Laws 1975, LB 447, § 4; Laws 1981, LB 381, § 6; Laws 2000, LB 654, § 14.    


81-161.02. Competitive bids; rejection by materiel division; grounds; new bids.

Any or all bids may be rejected by the materiel division. The materiel division may reject the bid of any bidder who has failed to perform a previous contract with the state. In any case where competitive bids are required and all bids are rejected, and the proposed purchase is not abandoned, new bids shall be solicited.

Source:Laws 1963, c. 508, § 11, p. 1620; Laws 2000, LB 654, § 15.    


81-161.03. Direct purchases, contracts, or leases; approval required, when; report required; materiel division; duties; Department of Correctional Services; purchases authorized.

The materiel division may, by written order, permit purchases, contracts, or leases to be made by any using agency directly with the vendor or supplier whenever it appears to the satisfaction of the materiel division that, because of the unique nature of the personal property, the price in connection therewith, the quantity to be purchased, the location of the using agency, the time of the use of the personal property, or any other circumstance, the interests of the state will be served better by purchasing or contracting direct than through the materiel division.

Such permission shall be revocable and shall be operative for a period not exceeding twelve months from the date of issue. Using agencies receiving such permission shall report their acts and expenditures under such orders to the materiel division in writing and furnish proper evidence that competition has been secured at such time and covering such period as may be required by the materiel division.

The materiel division shall adopt and promulgate rules and regulations establishing criteria which must be met by any agency seeking direct market purchase authorization. Purchases for miscellaneous needs may be made directly by any agency without prior approval from the materiel division for purchases of less than twenty-five thousand dollars if the agency has completed a certification program as prescribed by the materiel division.

The Department of Correctional Services may purchase raw materials, supplies, component parts, and equipment perishables directly for industries established pursuant to section 83-183, whether such purchases are made to fill specific orders or for general inventories. Any such purchase shall not exceed fifty thousand dollars. The department shall comply with the bidding process of the materiel division and shall be subject to audit by the materiel division for such purchases.

Source:Laws 1943, c. 215, § 16, p. 709; R.S.1943, § 81-160; Laws 1963, c. 508, § 12, p. 1620; Laws 1975, LB 359, § 9; Laws 1975, LB 447, § 5; Laws 1981, LB 381, § 7; Laws 1984, LB 933, § 13; Laws 1987, LB 354, § 1; Laws 1992, LB 1241, § 18; Laws 1997, LB 314, § 6; Laws 2000, LB 654, § 16;    Laws 2007, LB256, § 5;    Laws 2016, LB1080, § 1;    Laws 2017, LB320, § 2.    


81-161.04. Materiel division; surplus property; sale; procedure; proceeds of sale, how credited.

(1) Whenever any using agency has any personal property for which it no longer has any need or use, it shall notify the materiel division in writing setting forth a description of the property and the approximate length of time that the property has been in the possession of the using agency. The materiel division shall appraise the property and notify all other using agencies of the state that the materiel division has the property for sale and that the property can be bought at the appraised price. No property will be sold until first offered to using agencies as provided by this section unless the property is unusable. If the materiel division fails to receive an offer from any using agency, it may sell or dispose of the property by any method which is most advantageous to the State of Nebraska, including auction, sealed bid, private or public sale, or trade-in for other property, with priorities given to the other political subdivisions. All sales shall be made in the name of the State of Nebraska. The materiel division shall charge an administrative fee for the disposition of surplus property. Such administrative fee shall be a percentage of the amount of the sale of the surplus property. In the event surplus property is determined to have no market value, the materiel administrator may waive the administrative fee.

(2) Except as otherwise provided in this subsection, the proceeds of the sales shall be deposited with the State Treasurer and credited to the General Fund unless the using agency certifies to the materiel division that the property was purchased in part or in total from either cash accounts or federal funds or from a percentage of such accounts or funds, in which case the proceeds of the sale to that extent shall be credited to the cash or federal account in the percentage used in originally purchasing the property. The cost of selling surplus property shall be deducted from the proceeds of the surplus property sold. The proceeds received from the sale of passenger-carrying motor vehicles originally purchased with money from the General Fund, other than passenger-carrying motor vehicles used by the Nebraska State Patrol, less selling costs, shall be deposited in the state treasury and credited by the State Treasurer to the Transportation Services Bureau Revolving Fund. The proceeds received from the sale of passenger-carrying motor vehicles used by the Nebraska State Patrol, less selling costs, shall be deposited in the state treasury and credited by the State Treasurer to the Nebraska State Patrol Vehicle Replacement Cash Fund. The proceeds received from the sale of micrographic equipment, other than that of the University of Nebraska and state colleges, less selling costs, shall be deposited in the state treasury and credited by the State Treasurer to the Records Management Micrographics Services Revolving Fund. The proceeds received from the sale of aircraft, less selling costs, shall be deposited in the state treasury and credited by the State Treasurer to the Aeronautics Cash Fund.

Source:Laws 1943, c. 215, § 9, p. 706; R.S.1943, § 81-153; Laws 1947, c. 310, § 1(2), p. 943; Laws 1951, c. 313, § 1, p. 1071; R.R.S.1943, § 81-153.01; Laws 1963, c. 508, § 13, p. 1621; Laws 1969, c. 781, § 1, p. 2958; Laws 1972, LB 1452, § 1; Laws 1975, LB 447, § 6; Laws 1979, LB 559, § 17; Laws 1979, LB 590, § 1; Laws 1995, LB 381, § 1; Laws 2000, LB 654, § 17;    Laws 2017, LB339, § 274.    


81-161.05. Materiel administrator or employee; financial or beneficial personal interest forbidden; gifts and rebates prohibited; violations; penalty.

Neither the materiel administrator nor any employee under his or her direction shall be financially interested or have any beneficial personal interest, directly or indirectly, in the purchase or leasing of any personal property nor in any firm, partnership, limited liability company, corporation, or association furnishing personal property. No such person shall receive or accept directly or indirectly from any person, firm, limited liability company, or corporation submitting any bid or to whom a contract may be awarded by rebate, gift, or otherwise, any money or other thing of value whatsoever or any promise, obligation, or contract for future reward, or compensation. Any person who violates this section shall be guilty of a Class IV felony and shall be subject to forfeiture of his or her office or position.

Source:Laws 1963, c. 508, § 14, p. 1621; Laws 1975, LB 359, § 10; Laws 1977, LB 39, § 265; Laws 1992, LB 1241, § 19; Laws 1993, LB 121, § 523; Laws 2017, LB320, § 3.    


81-161.06. State Surplus Property Revolving Fund; created; use; investment.

There is hereby created the State Surplus Property Revolving Fund. The fund shall be administered by the materiel division of the Department of Administrative Services. The fund shall consist of money collected from the sale of surplus property and fees from such sales and shall be used to reimburse the appropriate funds from the proceeds of such sales and pay for expenses incurred by the division for the sale of the property.

Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 1994, LB 1194, § 6; Laws 1995, LB 7, § 96.


Cross References

81-162. Purchases or leases; form of contract.

Contracts for purchases or leases may be made in any of the following forms:

(1) For the furnishing of specific personal property at specific prices;

(2) For the furnishing of personal property, according to the specifications, at a fixed rate for a minimum quantity, subject to furnishing a greater quantity at the same or a lesser rate; or

(3) For the furnishing of personal property, according to the specifications without a stated minimum at a rate stated, commonly known as a price agreement.

The form of the contract to be used in any case shall be subject to the discretion of the materiel division.

Source:Laws 1943, c. 215, § 18, p. 709; R.S.1943, § 81-162; Laws 1975, LB 359, § 11; Laws 1992, LB 1241, § 20.


81-163. Repealed. Laws 1963, c. 508, § 15.

81-163.01. Repealed. Laws 2000, LB 654, § 58.

81-164. Central mailing room; equipment required.

The materiel division, under the direction of the Director of Administrative Services, shall operate and maintain a central mailing room. The central mailing room shall be equipped with postage metering machines and postal handling equipment for the purpose of metering official mail of the state and employ such help as may be necessary for the efficient operation of such mailing room.

Source:Laws 1943, c. 218, § 1, p. 714; R.S.1943, § 81-164; Laws 2000, LB 654, § 18.    


81-165. Official outgoing mail to be metered; members of Legislature, when exempt.

Beginning July 1, 1943, all official outgoing mail of each state officer, department, commission, board, bureau, court or other agency, occupying quarters in the Capitol Building in Lincoln, Nebraska, or in any state building which may hereafter be located adjacent thereto, shall be delivered unstamped to such central mailing room to be metered and dispatched; Provided, however, members of the Legislature shall be specifically exempt from the provisions of sections 81-164 to 81-171 for and during the time the Legislature is not in actual session. All employees of such state officers, departments, commissions, boards, bureaus, courts or other agencies, when working away from the Capitol Building, shall use the metered mail for outgoing mail so far as may be possible, consistent with postal regulations.

Source:Laws 1943, c. 218, § 2, p. 715; R.S.1943, § 81-165; Laws 1945, c. 225, § 1, p. 669.


81-166. Postage records; requirements.

The materiel division shall keep an accurate record of the postage used by each state officer, department, commission, board, bureau, court, or other agency and charge such state officer, department, commission, board, bureau, court, or other agency with the exact amount of postage so used plus administrative and operational costs. Administrative and operational costs shall be charged as a percentage of the amount charged for postage. Such charge shall, as nearly as may be practical, reflect the actual administrative and operational costs of the central mailing room and its related activities. The division shall submit electronically an annual report to the Appropriations Committee of the Legislature of the percentage charge. Rates planned for the coming fiscal year shall be included in the instructions for completion of budget request forms as annually prepared by the Department of Administrative Services' budget division. If rate revisions are required during the fiscal year to reflect changes in the administrative and operational costs, these revisions shall be announced to each state officer, department, commission, board, bureau, court, or other agency at least thirty days prior to their use.

Source:Laws 1943, c. 218, § 3, p. 715; R.S.1943, § 81-166; Laws 1978, LB 961, § 1; Laws 1981, LB 381, § 9; Laws 2000, LB 654, § 19;    Laws 2012, LB782, § 165.    


81-167. Advances for postage; monthly statement by materiel division; remittance by warrant; overdrafts not allowed.

Each state officer, department, commission, board, bureau, court or other agency, occupying quarters in the Capitol Building or any state building which may hereafter be located adjacent thereto, shall advance to the materiel division of the Department of Administrative Services, a sum estimated to be sufficient to cover his, her or its postage for at least one month but never to exceed two months' average use as determined by the materiel division. On the first day of each month, the materiel division shall send a statement to each state officer, department, commission, board, bureau, court or other agency of their mailings during the month, and each state officer, department, commission, board, bureau, court or other agency shall remit by warrant to the materiel division the amount of such statement. No overdrafts shall be permitted. If the original amount advanced to the materiel division for postage is not sufficient to cover the postage, additional advances shall be made by the respective state officer, department, commission, board, bureau, court or other agency.

Source:Laws 1943, c. 218, § 4, p. 715; R.S.1943, § 81-167; Laws 1969, c. 782, § 1, p. 2959; Laws 1971, LB 28, § 2.


81-168. Central mailing room; employees; hours staggered.

The materiel division under the direction of the Director of Administrative Services shall stagger the hours of employees in the central mailing room so that the central mailing room is open until the last mail departs from the Capitol Building.

Source:Laws 1943, c. 218, § 5, p. 716; R.S.1943, § 81-168; Laws 2000, LB 654, § 20.    


81-169. Rules and regulations; authority of materiel division.

The materiel division under the direction of the Director of Administrative Services may make such reasonable rules and regulations as may be deemed necessary for the administration of sections 81-164 to 81-171.

Source:Laws 1943, c. 218, § 6, p. 716; R.S.1943, § 81-169.


81-170. Repealed. Laws 1963, c. 508, § 15.

81-171. Delivery of mail to mailing room for unofficial business; violation; penalty.

It shall be unlawful to deliver any mail to any state mailing room, to be metered and dispatched, or to deposit in the United States mail any envelope, metered by a postage metering machine of the State of Nebraska, for any purpose or upon any business other than the dispatch of mail appertaining strictly to official business of the State of Nebraska. Any person violating this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty dollars nor more than one hundred dollars.

Source:Laws 1943, c. 218, § 8, p. 716; R.S.1943, § 81-171; Laws 2000, LB 654, § 21.    


81-172. Repealed. Laws 1963, c. 508, § 15.

81-173. Terms, defined.

For purposes of the Deferred Building Renewal Act and sections 85-106 and 85-304, unless the context otherwise requires:

(1) Renewal work means any (a) deferred or preventive maintenance projects that will restore facilities and utility systems as closely as practicable to their original constructed condition as defined by the Task Force for Building Renewal, (b) projects that will bring facilities into compliance with current fire safety, life safety, and hazardous materials abatement requirements, and (c) projects that will bring facilities into compliance with the federal Americans with Disabilities Act of 1990. The standard of quality maintenance shall be set after consideration of the facility users, geographical location, condition, and physical analysis of each building;

(2) Deferred maintenance means any measures taken to: (a) Correct or repair structural or mechanical defects that would endanger the integrity of a building or its components or allow unwanted penetration of the building by the outdoor elements; (b) correct or repair structural, mechanical, or other defects in a building or its components or utility systems which endanger the lives or health of state employees or the general public; (c) bring a building into compliance with the federal Americans with Disabilities Act of 1990; (d) correct a waste of energy, including minor repairs, alteration and maintenance painting, cost of materials, hiring of building maintenance personnel, and other necessary expenses for the maintenance of roofs, exterior walls, retaining walls, foundations, flooring, ceilings, partitions, doors, building hardware, windows, plaster, structural ironwork, screens, plumbing, heating, air-handling, and air conditioning equipment, or electrical systems, but excluding decorative finish or furnishing or building additions; or (e) conduct an energy audit;

(3) Preventive maintenance means any measures taken to maintain the structural or mechanical integrity of a building or its components including those measures listed in subdivision (2) of this section; and

(4) Task force means the Task Force for Building Renewal.

Source:Laws 1977, LB 309, § 1; Laws 1980, LB 835, § 1; Laws 1982, LB 604, § 1; Laws 1993, LB 369, § 1; Laws 1998, LB 1100, § 14; Laws 1998, LB 1129, § 15; Laws 2011, LB228, § 1.    


81-174. Task Force for Building Renewal; established; purpose; consultants; appointment; how selected.

There is hereby established the Task Force for Building Renewal to carry out the Deferred Building Renewal Act. The Director of Administrative Services shall appoint an administrator as the chief officer of the task force. The administrator shall retain not more than four consultants to assist him or her in the administration of the Deferred Building Renewal Act. Each task force member shall be selected on the basis of his or her ability to administer and accomplish efficient building maintenance and shall have knowledge of and experience in the contracting of construction projects and the maintaining of buildings. Members shall be selected so that the task force represents diversified expertise needed for maintenance judgments and, if practical, each member should reside at a location that allows efficient visitation of state-owned buildings.

Source:Laws 1977, LB 309, § 2; Laws 1980, LB 835, § 2; Laws 1997, LB 314, § 8; Laws 1998, LB 1129, § 16.


81-175. Task force; members; compensation.

The compensation of the members of the task force shall be established by the Governor on a per diem basis, and they shall work the days and hours required to accomplish the task. Members of the task force shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties as provided in sections 81-1174 to 81-1177 for state employees.

Source:Laws 1977, LB 309, § 3; Laws 1981, LB 204, § 168.


81-176. Task force; review; report.

The task force shall conduct a review of the plans, specifications, and other construction and repair documents and ongoing maintenance requirements for real property, structures, or improvements that may be proposed to be made available to any state agency, board, or commission by means of gift, bequest, or devise and any acquisition of real property or structures by any state agency, board, or commission with the proceeds of donations, gifts, bequests, devises, or grants from individuals, organizations, corporations, foundations, or similar entities or from nonfederal governmental agencies, if the combined proceeds of such donations, gifts, bequests, devises, or grants exceed two hundred fifty thousand dollars, pursuant to section 81-1108.33. The task force shall submit a report of its findings and recommendations to the Committee on Building Maintenance.

Source:Laws 1999, LB 369, § 2;    Laws 2011, LB264, § 3;    Laws 2012, LB761, § 1.    


81-177. State agency; inspection of facilities; report; contents; referred to task force.

Each state agency operating or managing state-owned buildings, utilities, or grounds shall make a detailed inspection of facilities under its care to determine accurately what renewal work items exist and the probable cost and time required for doing the work. A detailed report of the findings shall be made to the Governor, listing for each building, utility, or grounds improvement, the individual work items with estimated quantities and unit prices. Such report shall also include a listing of projects needed in state-owned structures to accommodate persons with handicaps as provided in sections 81-5,147 and 81-5,148. The report shall state which work items are recommended to be done under contract and which are proposed to be done by agency forces with an estimate of hours of labor and labor costs. The Governor shall refer the report to the task force for its study and recommendations pursuant to section 81-178.

Source:Laws 1977, LB 309, § 5; Laws 1980, LB 835, § 4; Laws 1995, LB 8, § 1; Laws 2002, LB 93, § 21.    


81-178. Report; classification of work items; task force, duties.

The report required by section 81-177 shall classify work items by urgency of need using three classes defined as follows:

Class I — items for immediate action to (1) provide safety and protection against costly damage to buildings or their utility systems, (2) make structural, mechanical, or other repairs to buildings or their components or utility systems which are an immediate danger to the lives or health of state employees or the general public, or (3) bring buildings into compliance with the federal Americans with Disabilities Act of 1990;

Class II — items of imperative need to correct problems that if neglected will quickly deteriorate further into Class I items that must be done to provide efficient and safe use of the facility or system; and

Class III — additional items necessary to fully renew or provide efficient and safe use of the facility or system.

The task force shall recommend to the Governor the classification of projects and priorities to be established for grants within the classifications. The Governor shall make such classification of projects and establish such priorities as shall be best calculated to achieve the purposes of the Deferred Building Renewal Act.

Source:Laws 1977, LB 309, § 6; Laws 1979, LB 322, § 40; Laws 1980, LB 835, § 5; Laws 1982, LB 604, § 2; Laws 1993, LB 369, § 2; Laws 1998, LB 1129, § 17.


81-179. Building Renewal Allocation Fund; created; use; investment.

(1) There is hereby created under the control of the Governor, for allocation to building renewal projects of the various agencies, a fund to be known as the Building Renewal Allocation Fund. The fund shall contain the revenue from the special privilege tax as provided in section 77-2602 and such other money as is appropriated by the Legislature. Such appropriation is declared to consist of building renewal funds which shall be kept separate and distinct from the program continuation funds and project construction funds.

(2) Separate subfunds, subprograms, projects, or accounts shall be established to separately account for any expenditures on state buildings or facilities to comply with the federal Americans with Disabilities Act of 1990. A minimal amount of the funds contained in the subfunds, subprograms, projects, or accounts may be used for planning and evaluation of buildings and facilities.

(3) The budget division of the Department of Administrative Services may administratively transfer funds to appropriate accounting entities to correctly account for the operating expenditures. A separate fund, cash fund, project, or other account may be administratively established for such purpose.

(4) Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

(5) The State Treasurer shall transfer seven hundred eighty-three thousand six hundred sixty-seven dollars from the Building Renewal Allocation Fund to the General Fund on or after June 15, 2018, but before June 30, 2018, on such date as directed by the budget administrator of the budget division of the Department of Administrative Services.

(6) The State Treasurer shall transfer two hundred thousand dollars from the Building Renewal Allocation Fund to the General Fund on or after June 15, 2019, but before June 30, 2019, on such date as directed by the budget administrator of the budget division of the Department of Administrative Services.

(7) The State Treasurer shall transfer one million seven hundred sixteen thousand three hundred thirty-three dollars from the Building Renewal Allocation Fund to the Accounting Division Cash Fund on July 1, 2017, or as soon thereafter as administratively possible.

(8) The State Treasurer shall transfer two million three hundred thousand dollars from the Building Renewal Allocation Fund to the Accounting Division Cash Fund on July 1, 2018, or as soon thereafter as administratively possible.

Source:Laws 1977, LB 309, § 7; Laws 1993, LB 369, § 3; Laws 1994, LB 1066, § 96; Laws 1995, LB 530, § 2; Laws 1996, LB 1190, § 16; Laws 1998, LB 1100, § 15; Laws 2000, LB 1349, § 2;    Laws 2002, LB 1310, § 11;    Laws 2003, LB 410, § 1;    Laws 2004, LB 1090, § 1;    Laws 2007, LB323, § 2;    Laws 2017, LB331, § 44.    


Cross References

81-180. Building renewal funds; expenditures; allocation of funds; procedure.

The Building Renewal Allocation Fund, State Building Renewal Assessment Fund, University Building Renewal Assessment Fund, and State College Building Renewal Assessment Fund shall only be expended for the purpose of building renewal work except as appropriated by the Legislature to meet the cost of administering the Deferred Building Renewal Act or as otherwise provided. In each fiscal year, expenditures for the cost of administering the act from any one of such funds shall be proportional to the revenue credited to such fund in the preceding fiscal year in comparison to the total revenue credited to all of such funds in such year. As applicable, each agency shall be allocated funds as directed by the Governor using the system of priorities established in section 81-178. In the making of allocations from such funds, the Governor shall follow a policy that first considers the use of private enterprise services for deferred maintenance projects while using state employees primarily for the performance of preventive maintenance. When such preventive maintenance is of a nature that only occasional highly technical attention is scheduled, primary consideration shall be given to using contractual services. The task force shall review all such contracts for such services from private enterprises.

Source:Laws 1977, LB 309, § 8; Laws 1980, LB 835, § 7; Laws 1982, LB 604, § 3; Laws 1998, LB 1100, § 16; Laws 2003, LB 410, § 2.    


81-181. Agency; proposed building renewal projects report; submitted, when; contents; allocation of funds; conditions.

(1) Not later than September 15 of each even-numbered year, each agency shall submit to the Governor, in the form prescribed by him or her, a report of its proposed building renewal projects for the next biennium. Such report shall contain the information specified in section 81-177 and shall constitute a request for the allocation of funds from the Building Renewal Allocation Fund. Such report shall also constitute, as applicable, a request for the allocation of funds from the State Building Renewal Assessment Fund, University Building Renewal Assessment Fund, or State College Building Renewal Assessment Fund. The Governor shall, with the advice of the task force, allocate from such funds the sum necessary for the accomplishment of projects approved by him or her. Allocations from the Building Renewal Allocation Fund shall be made in a manner that assures accomplishment of Class I projects first, followed by accomplishment of Class II projects, and then accomplishment of Class III projects, unless doing so in a particular case would violate sound building renewal policies and practices. The amount of such allocation shall not be transferred to the agency but shall remain within, as applicable, the Building Renewal Allocation Fund, State Building Renewal Assessment Fund, University Building Renewal Assessment Fund, or State College Building Renewal Assessment Fund subject to the control of the Governor until disbursed consistent with the provisions of the Deferred Building Renewal Act.

(2) The University of Nebraska and the state colleges may include in their reports under subsection (1) of this section their proposed building renovation projects that have received approval of the Coordinating Commission for Postsecondary Education, if required pursuant to section 85-1414, for the coming biennium as authorized by section 81-188.03 or 81-188.05, as applicable, which shall constitute requests for allocation of funds for such proposed projects from the University Building Renewal Assessment Fund or the State College Building Renewal Assessment Fund, as applicable. The Governor, with the advice of the task force, shall allocate from the University Building Renewal Assessment Fund or the State College Building Renewal Assessment Fund, as applicable, the sum necessary for the accomplishment of the renovation projects approved by him or her. Such allocations shall not be transferred to the University of Nebraska or the state college or colleges making the request but shall remain in the University Building Renewal Assessment Fund or the State College Building Renewal Assessment Fund, as applicable, subject to the control of the Governor until disbursed pursuant to the Deferred Building Renewal Act.

Source:Laws 1977, LB 309, § 9; Laws 1993, LB 369, § 4; Laws 1998, LB 1100, § 17; Laws 2004, LB 1092, § 1;    Laws 2014, LB974, § 6.    


81-182. Governor monitor activities of task force and agencies; authorize issuance of warrants.

The Governor, using such staff assistance as he or she may desire, shall monitor the activities of the task force and the agencies. To assure adequate accomplishment of the terms of each allocation, the Governor shall assure that expert inspection of projects is made by a competent inspector from either his or her staff, the task force, or the agency. For the purpose of making partial payments as the work progresses, the Governor may authorize the issuance of warrants from the Building Renewal Allocation Fund, State Building Renewal Assessment Fund, University Building Renewal Assessment Fund, and State College Building Renewal Assessment Fund upon certificates of the inspector in charge showing the amount of work completed and materials necessarily purchased and delivered for the orderly and proper continuance of the project in a sum not exceeding ninety-five percent of the cost thereof. Upon the certificate of the inspector that the project has been completed and the terms of the allocation have been complied with, the Governor shall authorize the issuance of a warrant for the balance due the contractor.

Source:Laws 1977, LB 309, § 10; Laws 1998, LB 1100, § 18.


81-183. Property not eligible for renewal and maintenance funds.

No building held in trust, property of the Board of Educational Lands and Funds, nor highways or roads and revenue bond structures shall receive funds for renewal and maintenance under sections 81-173 to 81-190.

Source:Laws 1977, LB 309, § 11.


81-184. Administration costs.

The cost of administration of the Deferred Building Renewal Act shall be paid from the Building Renewal Allocation Fund, the State Building Renewal Assessment Fund, the University Building Renewal Assessment Fund, and the State College Building Renewal Assessment Fund in such amounts as may be appropriated by the Legislature. The Governor shall each odd-numbered year submit a specific itemized appropriation request to cover such administrative costs.

Source:Laws 1977, LB 309, § 12; Laws 1986, LB 258, § 31; Laws 1997, LB 314, § 9; Laws 2002, LB 1310, § 12;    Laws 2003, LB 410, § 3.    


81-185. Committee on Building Maintenance; membership; purpose.

The Executive Board of the Legislative Council shall appoint a select committee of the Legislative Council to consist of six members of the Legislature, to be known as the Committee on Building Maintenance, to exercise oversight of the deferred and preventive maintenance activities required in the Deferred Building Renewal Act. The selection of members shall be made on the basis of maintenance interest and knowledge. At least two members shall be selected from the Committee on Appropriations, one of whom shall be the chairperson of the Committee on Appropriations. On or before the sixth day of each regular legislative session, the board shall appoint or reappoint members of the committee. Such committee may utilize Legislative Council staff as required or may contract for necessary expertise. Such staff shall provide close liaison with the task force, all agencies subject to the act, and the Governor.

Source:Laws 1977, LB 309, § 13; Laws 1980, LB 835, § 8; Laws 1984, LB 838, § 1; Laws 1998, LB 1100, § 19.


81-186. Committee on Building Maintenance; meetings; duties.

The Committee on Building Maintenance shall meet as necessary, but not less than four times annually, to monitor the activities required of the task force and the agencies, boards, and commissions who are responsible for the state buildings and to review the proposed rental charges as provided in sections 81-1108.17 and 81-1108.22. The committee shall study progress and propose any necessary legislation to assure that state-owned buildings are protected through proper maintenance.

Source:Laws 1977, LB 309, § 14; Laws 1980, LB 835, § 9; Laws 1982, LB 604, § 4; Laws 1984, LB 838, § 2; Laws 1995, LB 530, § 3.


81-187. Legislative Fiscal Analyst; receive copy of estimates, reports, and allocation requests.

A copy of all estimates, reports, and allocation requests required by the Deferred Building Renewal Act shall be submitted electronically to the Legislative Fiscal Analyst upon his or her request.

Source:Laws 1977, LB 309, § 15; Laws 1985, LB 2, § 6; Laws 1998, LB 1129, § 18; Laws 2012, LB782, § 166.    


81-188. Energy audit report.

A report of the findings of any energy audit conducted under the Deferred Building Renewal Act shall be sent electronically to the state agency operating or managing the state-owned building, utility, or ground on which the audit was conducted and the Committee on Building Maintenance of the Legislature.

Source:Laws 2011, LB228, § 3.    


81-188.01. State Building Renewal Assessment Fund; created; use; investment.

(1) The State Building Renewal Assessment Fund is created. The fund shall be under the control of the Governor for allocation to building renewal projects of the various agencies and shall be administered in a manner consistent with the administration of the Building Renewal Allocation Fund pursuant to the Deferred Building Renewal Act. No amounts accruing to the State Building Renewal Assessment Fund shall be expended in any manner for purposes other than as provided in this section or as appropriated by the Legislature to meet the cost of administering the act. Transfers may be made from the fund to the General Fund at the direction of the Legislature.

(2) Revenue credited to the State Building Renewal Assessment Fund shall include amounts derived from charges assessed pursuant to subdivision (4)(b) of section 81-1108.17 and such other revenue as may be incident to the administration of the fund.

(3) Amounts appropriated from the fund shall be expended to conduct renewal work as defined in section 81-173 and to complete other improvements incident to such renewal work as deemed necessary or appropriate by the task force. From amounts accruing to the fund as the result of depreciation charges assessed pursuant to subdivision (4)(b) of section 81-1108.17, expenditures for capital improvements shall be limited to improvements to only those facilities for which such charges have been assessed and remitted. From amounts accruing to the fund as the result of depreciation charges assessed pursuant to section 81-188.02 prior to July 1, 2011, expenditures for capital improvement projects shall be limited to exclude (a) capital improvement projects relating to facilities, structures, or buildings owned, leased, or operated by the (i) University of Nebraska, (ii) Nebraska state colleges, (iii) Department of Transportation, (iv) Game and Parks Commission, or (v) Board of Educational Lands and Funds and (b) capital improvement projects relating to facilities, structures, or buildings for which depreciation charges are assessed pursuant to subdivision (4)(b) of section 81-1108.17.

(4) The State Treasurer shall transfer three million four hundred thirty-two thousand six hundred sixty-seven dollars from the State Building Renewal Assessment Fund to the Accounting Division Cash Fund on July 1, 2017, or as soon thereafter as administratively possible.

(5) The State Treasurer shall transfer four million six hundred thousand dollars from the State Building Renewal Assessment Fund to the Accounting Division Cash Fund on July 1, 2018, or as soon thereafter as administratively possible.

(6) Any money in the State Building Renewal Assessment Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 1998, LB 1100, § 8; Laws 2000, LB 654, § 22;    Laws 2002, LB 1310, § 13;    Laws 2002, Second Spec. Sess., LB 1, § 6;    Laws 2003, LB 410, § 4;    Laws 2004, LB 439, § 15;    Laws 2004, LB 1092, § 2;    Laws 2009, First Spec. Sess., LB3, § 61;    Laws 2011, LB380, § 1;    Laws 2017, LB331, § 45;    Laws 2017, LB339, § 275.    


Cross References

81-188.02. Repealed. Laws 2011, LB 380, § 6.

81-188.03. University Building Renewal Assessment Fund; created; use; investment.

(1) The University Building Renewal Assessment Fund is created. The fund shall be under the control of the Governor for allocation to building renewal projects and to building renovation projects of the University of Nebraska. No amounts accruing to the University Building Renewal Assessment Fund shall be transferred to any other fund and no amounts accruing to the fund shall be expended in any manner for purposes other than as provided in this section or as appropriated by the Legislature to meet the cost of administering the Deferred Building Renewal Act.

(2) Revenue credited to the fund shall include amounts as provided by the Legislature and such other revenue as may be incident to the administration of the fund.

(3) Amounts appropriated from the fund shall be expended to conduct renewal work as defined in section 81-173, to conduct renovation work, and to complete other improvements incident to such renewal or renovation work as deemed necessary or appropriate by the task force. Expenditures from the fund for capital improvements shall be limited to exclude expenditures for capital improvement projects relating to facilities, structures, or buildings from which revenue is derived and pledged for the retirement of revenue bonds issued under sections 85-403 to 85-411.

(4) Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

(5) For purposes of this section, renovation work means work to replace the interior or exterior systems of an existing building to accommodate changes in use of building space or changes in programmatic need for building space.

Source:Laws 1998, LB 1100, § 10; Laws 2002, LB 1310, § 15;    Laws 2003, LB 410, § 6;    Laws 2004, LB 1092, § 4;    Laws 2011, LB380, § 2.    


Cross References

81-188.04. Repealed. Laws 2011, LB 380, § 6.

81-188.05. State College Building Renewal Assessment Fund; created; use; investment.

(1) The State College Building Renewal Assessment Fund is created. The fund shall be under the control of the Governor for allocation to building renewal projects and building renovation projects of the Nebraska state colleges. No amounts accruing to the State College Building Renewal Assessment Fund shall be transferred to any other fund and no amounts accruing to the fund shall be expended in any manner for purposes other than as provided in this section or as appropriated by the Legislature to meet the cost of administering the Deferred Building Renewal Act.

(2) Revenue credited to the fund shall include amounts as provided by the Legislature and such other revenue as may be incident to administration of the fund.

(3) Amounts appropriated from the fund shall be expended to conduct renewal work as defined in section 81-173, to conduct renovation work, and to complete other improvements incident to such renewal or renovation work as deemed necessary or appropriate by the task force. Expenditures from the fund for capital improvements shall be limited to exclude expenditures for capital improvement projects relating to facilities, structures, or buildings from which revenue is derived and pledged for the retirement of revenue bonds issued under sections 85-403 to 85-411.

(4) Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

(5) For purposes of this section, renovation work means work to replace the interior or exterior systems of an existing building to accommodate changes in use of building space or changes in programmatic need for building space.

Source:Laws 1998, LB 1100, § 12; Laws 2002, LB 1310, § 17;    Laws 2003, LB 410, § 8;    Laws 2004, LB 1092, § 6;    Laws 2011, LB380, § 3.    


Cross References

81-188.06. Repealed. Laws 2011, LB 380, § 6.

81-189. Repealed. Laws 1984, LB 838, § 4.

81-190. Act, how cited.

Sections 81-173 to 81-190 shall be known and may be cited as the Deferred Building Renewal Act.

Source:Laws 1977, LB 309, § 18; Laws 1998, LB 1100, § 20; Laws 1999, LB 369, § 1;    Laws 2011, LB228, § 2.    


81-191. Repealed. Laws 1984, LB 838, § 4.

81-191.01. Repealed. Laws 2011, LB 228, § 5.

81-192. Repealed. Laws 1986, LB 745, § 1.

81-193. Repealed. Laws 1978, LB 569, § 14.

81-194. Repealed. Laws 1980, LB 94, § 19.

81-195. Repealed. Laws 1980, LB 939, § 8.

81-196. Repealed. Laws 1986, LB 745, § 1.

81-197. Repealed. Laws 1984, LB 470, § 7.

81-198. Repealed. Laws 1986, LB 745, § 1.

81-198.01. Repealed. Laws 1986, LB 745, § 1.

81-198.02. Repealed. Laws 1986, LB 745, § 1.

81-198.03. Repealed. Laws 1986, LB 745, § 1.

81-198.04. Repealed. Laws 1986, LB 745, § 1.

81-198.05. Repealed. Laws 1986, LB 745, § 1.

81-198.06. Repealed. Laws 1986, LB 745, § 1.

81-199. Repealed. Laws 1986, LB 745, § 1.

81-1,100. Repealed. Laws 1986, LB 745, § 1.

81-1,101. Repealed. Laws 1986, LB 745, § 1.

81-1,102. Repealed. Laws 1986, LB 745, § 1.

81-1,103. Repealed. Laws 1986, LB 745, § 1.

81-1,104. Repealed. Laws 1986, LB 745, § 1.

81-1,105. Repealed. Laws 1986, LB 745, § 1.

81-1,106. Repealed. Laws 1986, LB 745, § 1.

81-1,107. Repealed. Laws 1986, LB 745, § 1.

81-1,108. Repealed. Laws 1986, LB 745, § 1.

81-201. Department of Agriculture; general powers.

The Department of Agriculture shall have power (1) to encourage and promote, in every practicable manner, the interest of agriculture; (2) to promote methods of conducting the industry of agriculture with a view to increasing the production and facilitating the distribution thereof at the least cost; (3) to collect and publish statistics relating to the production and marketing of agricultural products, so far as such statistical information may be of value to the agricultural and allied interests of the state, and to cooperate with the federal government in the matter of collecting and publishing such statistical information; (4) to publish and distribute the Weeds of the Great Plains book and supplemental inserts thereto, for sale and distribution to the public. All money collected from the sale of the publications shall be remitted to the State Treasurer and credited as provided in section 81-201.05; (5) to inquire into the causes of contagious, infectious, and communicable diseases among domestic animals and the means for the prevention and cure of the same; (6) to execute and enforce all laws relating to matters within its jurisdiction and to adopt necessary rules and regulations for the administration and enforcement of such laws; (7) to employ special investigators who shall be appointed deputy state sheriffs by the Governor and who shall, upon qualifying for such office, possess all the powers which attach to such office, except that their powers and duties shall be restricted to the enforcement of the laws of the State of Nebraska within the jurisdiction of the Department of Agriculture; and (8) to perform laboratory testing services as provided in section 81-2,293.

Source:Laws 1919, c. 190, tit. III, art. I, § 1, p. 453; C.S.1922, § 7294; C.S.1929, § 81-501; R.S.1943, § 81-201; Laws 1959, c. 424, § 3, p. 1424; Laws 1963, c. 509, § 1, p. 1622; Laws 1965, c. 459, § 22, p. 1462; Laws 1973, LB 201, § 2; Laws 1975, LB 320, § 1; Laws 1984, LB 976, § 2; Laws 1985, LB 460, § 6; Laws 2004, LB 869, § 8;    Laws 2005, LB 51, § 1.    


Cross References

Annotations

81-201.01. Repealed. Laws 1991, LB 358, § 62.

81-201.02. Repealed. Laws 1991, LB 358, § 62.

81-201.03. Office services; authorized; powers.

The Department of Agriculture may provide (1) data and word processing services, (2) accounting and auditing services, (3) personnel services, (4) records management services, (5) printing, sorting, and mailing services, (6) statistical services, (7) such services necessary to carry out any duties or responsibilities placed upon the department by the Legislature, and (8) other related services in cooperation with, on behalf of, or for any board, commission, or political subdivision of the state or any other agency of the state or federal government.

Source:Laws 1983, LB 579, § 1; Laws 1991, LB 358, § 6.


81-201.04. Office services; billings and charges; Management Services Expense Revolving Fund; created; receipts; disbursements; investment.

In conjunction with providing services authorized pursuant to section 81-201.03, the Department of Agriculture shall develop a system of equitable billings and charges for such services. Such system of charges shall reflect, as nearly as may be practical, the actual share of costs incurred on behalf of or for such services to any board, commission, or political subdivision of the state or any other agency of the state or federal government. Any board, commission, or political subdivision of the state or any other agency of the state or federal government which uses such services shall pay for the services out of appropriated or available funds.

There is hereby created the Management Services Expense Revolving Fund. All gifts, grants, and fees or charges collected for such services from any source, including federal, state, public, or private sources, and any appropriation by the Legislature for such purpose shall be credited to such fund. Expenditures shall be made from the fund for the payment of expenses. Such payments shall be made by the Director of Agriculture. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 1983, LB 579, § 2; Laws 1991, LB 358, § 7; Laws 1994, LB 1066, § 97.


Cross References

81-201.05. Weed Book Cash Fund; created; use; investment.

(1) The Weed Book Cash Fund is created. On July 1, 2005, July 1, 2006, July 1, 2007, July 1, 2008, and July 1, 2009, if there are sufficient funds available, twenty-five thousand dollars shall be transferred from the Weed Book Cash Fund to the Noxious Weed Cash Fund. Transfers may be made from the Weed Book Cash Fund to the General Fund at the direction of the Legislature. Any money in the Weed Book 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.

(2) The sale price of each Weeds of the Great Plains book sold by the Department of Agriculture shall be credited as follows:

(a) Seventy-five percent to the Weed Book Cash Fund to aid in defraying the cost of publishing, preparing, and distributing such books and any supplemental inserts to such books; and

(b) Twenty-five percent to the Noxious Weed Cash Fund.

Source:Laws 1984, LB 976, § 1; Laws 1995, LB 7, § 97; Laws 2004, LB 869, § 9;    Laws 2009, First Spec. Sess., LB3, § 62.    


Cross References

81-202. Department of Agriculture; Bureau of Animal Industry; State Veterinarian; exercise of powers.

Within the Department of Agriculture there shall be a Bureau of Animal Industry, with the State Veterinarian in charge, subordinate only to the Director of Agriculture. The powers and duties of the department provided by law for the protection of the health of livestock as defined in section 54-701.03 shall be exercised and discharged through the Bureau of Animal Industry under the direction of the State Veterinarian.

Source:Laws 1933, c. 149, § 4, p. 572; C.S.Supp.,1941, § 81-107; R.S.1943, § 81-202; Laws 1961, c. 419, § 2, p. 1282; Laws 1965, c. 334, § 9, p. 958; Laws 1993, LB 267, § 26.


Cross References

81-202.01. State Veterinarian; office created; appointment; salary; qualifications.

There is hereby established the position of State Veterinarian, to be appointed by the Director of Agriculture. The State Veterinarian shall hold office at the will of the director. The State Veterinarian shall receive such salary as fixed by the director and approved by the Governor. The State Veterinarian shall have authority to employ assistants and fix their compensation, subject to the approval of the director. The State Veterinarian shall be a graduate of an approved College of Veterinary Medicine, shall be licensed and accredited as a veterinarian and shall have demonstrated administrative ability.

Source:Laws 1965, c. 334, § 1, p. 955.


81-202.02. State Veterinarian; rules and regulations; adoption.

The State Veterinarian shall have authority to adopt such rules and regulations as are necessary or convenient to the effective discharge of his duties and the proper function of the Bureau of Animal Industry, subject to the approval of the Director of Agriculture. Such rules and regulations shall be adopted in the manner and as provided by law.

Source:Laws 1965, c. 334, § 1, p. 955.


81-203. Repealed. Laws 1965, c. 546, § 18.

81-204. Repealed. Laws 1965, c. 546, § 18.

81-205. Repealed. Laws 1965, c. 546, § 18.

81-206. Repealed. Laws 1965, c. 546, § 18.

81-207. Repealed. Laws 1965, c. 546, § 18.

81-208. Repealed. Laws 1965, c. 546, § 18.

81-209. Repealed. Laws 1965, c. 546, § 18.

81-210. Repealed. Laws 1965, c. 546, § 18.

81-211. Repealed. Laws 1965, c. 546, § 18.

81-212. Repealed. Laws 1965, c. 546, § 18.

81-213. Repealed. Laws 1965, c. 546, § 18.

81-214. Repealed. Laws 1965, c. 546, § 18.

81-215. Repealed. Laws 1965, c. 546, § 18.

81-216. Repealed. Laws 1965, c. 546, § 18.

81-216.01. Transferred to section 81-2,239.

81-216.02. Transferred to section 81-2,240.

81-216.03. Transferred to section 81-2,248.

81-216.04. Transferred to section 81-2,253.

81-216.05. Transferred to section 81-2,247.

81-216.06. Transferred to section 81-2,250.

81-216.07. Transferred to section 81-2,246.

81-216.08. Transferred to section 81-2,243.

81-216.09. Transferred to section 81-2,244.

81-216.10. Transferred to section 81-2,251.

81-216.11. Transferred to section 81-2,241.

81-216.12. Transferred to section 81-2,252.

81-216.13. Transferred to section 81-2,249.

81-216.14. Repealed. Laws 1991, LB 358, § 62.

81-216.15. Transferred to section 81-2,259.

81-216.16. Transferred to section 81-2,261.

81-216.17. Transferred to section 81-2,258.

81-216.18. Transferred to section 81-2,260.

81-216.19. Transferred to section 81-2,257.

81-216.20. Transferred to section 81-2,262.

81-216.21. Transferred to section 81-2,270.

81-216.22. Transferred to section 81-2,276.

81-216.23. Transferred to section 81-2,277.

81-216.24. Transferred to section 81-2,278.

81-216.25. Transferred to section 81-2,279.

81-216.26. Transferred to section 81-2,280.

81-216.27. Transferred to section 81-2,281.

81-216.28. Transferred to section 81-2,282.

81-216.29. Transferred to section 81-2,283.

81-216.30. Transferred to section 81-2,284.

81-216.31. Transferred to section 81-2,285.

81-216.32. Transferred to section 81-2,286.

81-216.33. Transferred to section 81-2,287.

81-216.34. Transferred to section 81-2,288.

81-216.35. Transferred to section 81-2,289.

81-216.36. Transferred to section 81-2,290.

81-216.37. Transferred to section 81-2,291.

81-216.38. Transferred to section 81-2,292.

81-216.39. Transferred to section 81-2,242.

81-217. Repealed. Laws 1981, LB 487, § 62.

81-217.01. Repealed. Laws 1981, LB 487, § 62.

81-217.02. Repealed. Laws 1981, LB 487, § 62.

81-217.03. Repealed. Laws 1981, LB 487, § 62.

81-217.04. Repealed. Laws 1981, LB 487, § 62.

81-217.05. Repealed. Laws 1981, LB 487, § 62.

81-217.06. Repealed. Laws 1981, LB 487, § 62.

81-217.07. Repealed. Laws 1981, LB 487, § 62.

81-217.08. Repealed. Laws 1981, LB 487, § 62.

81-217.09. Repealed. Laws 1981, LB 487, § 62.

81-217.10. Repealed. Laws 1981, LB 487, § 62.

81-217.11. Repealed. Laws 1981, LB 487, § 62.

81-217.12. Repealed. Laws 1981, LB 487, § 62.

81-217.13. Repealed. Laws 1981, LB 487, § 62.

81-217.14. Repealed. Laws 1981, LB 487, § 62.

81-217.15. Repealed. Laws 1981, LB 487, § 62.

81-217.16. Repealed. Laws 1981, LB 487, § 62.

81-217.17. Repealed. Laws 1981, LB 487, § 62.

81-217.18. Repealed. Laws 1981, LB 487, § 62.

81-217.19. Repealed. Laws 1981, LB 487, § 62.

81-217.20. Repealed. Laws 1981, LB 487, § 62.

81-217.21. Repealed. Laws 1981, LB 487, § 62.

81-217.22. Repealed. Laws 1981, LB 487, § 62.

81-217.23. Repealed. Laws 1981, LB 487, § 62.

81-217.24. Repealed. Laws 1981, LB 487, § 62.

81-217.25. Repealed. Laws 1981, LB 487, § 62.

81-217.26. Repealed. Laws 1981, LB 487, § 62.

81-217.27. Repealed. Laws 1981, LB 487, § 62.

81-217.28. Repealed. Laws 1981, LB 487, § 62.

81-217.29. Transferred to section 25-21,189.

81-217.30. Repealed. Laws 1987, LB 201, § 7.

81-217.31. Transferred to section 28-1483.

81-217.32. Repealed. Laws 1987, LB 201, § 7.

81-218. Repealed. Laws 1980, LB 632, § 47.

81-218.01. Repealed. Laws 1980, LB 632, § 47.

81-218.02. Repealed. Laws 1980, LB 632, § 47.

81-218.03. Repealed. Laws 1980, LB 632, § 47.

81-218.04. Repealed. Laws 1980, LB 632, § 47.

81-218.05. Repealed. Laws 1980, LB 632, § 47.

81-218.06. Repealed. Laws 1980, LB 632, § 47.

81-218.07. Repealed. Laws 1980, LB 632, § 47.

81-218.08. Repealed. Laws 1980, LB 632, § 47.

81-218.09. Repealed. Laws 1980, LB 632, § 47.

81-218.10. Repealed. Laws 1980, LB 632, § 47.

81-218.11. Repealed. Laws 1980, LB 632, § 47.

81-219. Repealed. Laws 1980, LB 632, § 47.

81-220. Repealed. Laws 1980, LB 632, § 47.

81-221. Repealed. Laws 1980, LB 632, § 47.

81-222. Repealed. Laws 1980, LB 632, § 47.

81-223. Repealed. Laws 1980, LB 632, § 47.

81-224. Repealed. Laws 1980, LB 632, § 47.

81-225. Repealed. Laws 1980, LB 632, § 47.

81-226. Repealed. Laws 1980, LB 632, § 47.

81-227. Repealed. Laws 1980, LB 632, § 47.

81-228. Repealed. Laws 1980, LB 632, § 47.

81-229. Repealed. Laws 1996, LB 966, § 4.

81-230. Repealed. Laws 1980, LB 632, § 47.

81-230.01. Repealed. Laws 1980, LB 632, § 47.

81-231. Repealed. Laws 1980, LB 632, § 47.

81-232. Repealed. Laws 1980, LB 632, § 47.

81-233. Repealed. Laws 1980, LB 632, § 47.

81-234. Repealed. Laws 1980, LB 632, § 47.

81-235. Repealed. Laws 1980, LB 632, § 47.

81-236. Repealed. Laws 1980, LB 632, § 47.

81-237. Repealed. Laws 1980, LB 632, § 47.

81-238. Repealed. Laws 1980, LB 632, § 47.

81-239. Repealed. Laws 1980, LB 632, § 47.

81-240. Repealed. Laws 1980, LB 632, § 47.

81-241. Repealed. Laws 1980, LB 632, § 47.

81-242. Repealed. Laws 1980, LB 632, § 47.

81-243. Repealed. Laws 1980, LB 632, § 47.

81-244. Repealed. Laws 1980, LB 632, § 47.

81-245. Repealed. Laws 1980, LB 632, § 47.

81-246. Repealed. Laws 1980, LB 632, § 47.

81-247. Repealed. Laws 1980, LB 632, § 47.

81-248. Repealed. Laws 1980, LB 632, § 47.

81-249. Repealed. Laws 1980, LB 632, § 47.

81-250. Repealed. Laws 1980, LB 632, § 47.

81-251. Repealed. Laws 1980, LB 632, § 47.

81-252. Repealed. Laws 1980, LB 632, § 47.

81-253. Repealed. Laws 1980, LB 632, § 47.

81-254. Repealed. Laws 1980, LB 632, § 47.

81-255. Repealed. Laws 1980, LB 632, § 47.

81-256. Repealed. Laws 1980, LB 632, § 47.

81-257. Repealed. Laws 1980, LB 632, § 47.

81-258. Repealed. Laws 1986, LB 900, § 38.

81-259. Repealed. Laws 1986, LB 900, § 38.

81-260. Repealed. Laws 1986, LB 900, § 38.

81-261. Repealed. Laws 1986, LB 900, § 38.

81-262. Repealed. Laws 1996, LB 966, § 4.

81-263. Repealed. Laws 1986, LB 900, § 38.

81-263.01. Repealed. Laws 1961, c. 285, § 1.

81-263.02. Repealed. Laws 1961, c. 285, § 1.

81-263.03. Repealed. Laws 1961, c. 285, § 1.

81-263.04. Repealed. Laws 1961, c. 285, § 1.

81-263.05. Repealed. Laws 1961, c. 285, § 1.

81-263.06. Repealed. Laws 1961, c. 285, § 1.

81-263.07. Repealed. Laws 1961, c. 285, § 1.

81-263.08. Repealed. Laws 1961, c. 285, § 1.

81-263.09. Repealed. Laws 1961, c. 285, § 1.

81-263.10. Repealed. Laws 1961, c. 285, § 1.

81-263.11. Repealed. Laws 1967, c. 580, § 33.

81-263.12. Repealed. Laws 1967, c. 580, § 33.

81-263.13. Repealed. Laws 1967, c. 580, § 33.

81-263.14. Repealed. Laws 1967, c. 580, § 33.

81-263.15. Repealed. Laws 1967, c. 580, § 33.

81-263.16. Repealed. Laws 1967, c. 580, § 33.

81-263.17. Repealed. Laws 1967, c. 580, § 33.

81-263.18. Repealed. Laws 1967, c. 580, § 33.

81-263.19. Repealed. Laws 1967, c. 580, § 33.

81-263.20. Repealed. Laws 1967, c. 580, § 33.

81-263.21. Repealed. Laws 1967, c. 580, § 33.

81-263.22. Repealed. Laws 1967, c. 580, § 33.

81-263.23. Repealed. Laws 1967, c. 580, § 33.

81-263.24. Repealed. Laws 1967, c. 580, § 33.

81-263.25. Repealed. Laws 1967, c. 580, § 33.

81-263.26. Repealed. Laws 1967, c. 580, § 33.

81-263.27. Repealed. Laws 1967, c. 580, § 33.

81-263.28. Repealed. Laws 1967, c. 580, § 33.

81-263.29. Repealed. Laws 1967, c. 580, § 33.

81-263.30. Repealed. Laws 1967, c. 580, § 33.

81-263.31. Repealed. Laws 1967, c. 580, § 33.

81-263.32. Repealed. Laws 1967, c. 580, § 33.

81-263.33. Repealed. Laws 1967, c. 580, § 33.

81-263.34. Repealed. Laws 1967, c. 580, § 33.

81-263.35. Repealed. Laws 1967, c. 580, § 33.

81-263.36. Repealed. Laws 1967, c. 580, § 33.

81-263.37. Repealed. Laws 1975, LB 324, § 1.

81-263.38. Repealed. Laws 1975, LB 324, § 1.

81-263.39. Repealed. Laws 1975, LB 324, § 1.

81-263.40. Repealed. Laws 1975, LB 324, § 1.

81-263.41. Repealed. Laws 1975, LB 324, § 1.

81-263.42. Repealed. Laws 1975, LB 324, § 1.

81-263.43. Repealed. Laws 1975, LB 324, § 1.

81-263.44. Repealed. Laws 1975, LB 324, § 1.

81-263.45. Repealed. Laws 1975, LB 324, § 1.

81-263.46. Repealed. Laws 1975, LB 324, § 1.

81-263.47. Repealed. Laws 1975, LB 324, § 1.

81-263.48. Repealed. Laws 1975, LB 324, § 1.

81-263.49. Repealed. Laws 1975, LB 324, § 1.

81-263.50. Repealed. Laws 1980, LB 632, § 47.

81-263.51. Repealed. Laws 1980, LB 632, § 47.

81-263.52. Repealed. Laws 1980, LB 632, § 47.

81-263.53. Repealed. Laws 1980, LB 632, § 47.

81-263.54. Repealed. Laws 1980, LB 632, § 47.

81-263.55. Repealed. Laws 1980, LB 632, § 47.

81-263.56. Repealed. Laws 1980, LB 632, § 47.

81-263.57. Repealed. Laws 1980, LB 632, § 47.

81-263.58. Repealed. Laws 1980, LB 632, § 47.

81-263.59. Repealed. Laws 1980, LB 632, § 47.

81-263.60. Repealed. Laws 1980, LB 632, § 47.

81-263.61. Repealed. Laws 1980, LB 632, § 47.

81-263.62. Repealed. Laws 1980, LB 632, § 47.

81-263.63. Repealed. Laws 1980, LB 632, § 47.

81-263.64. Repealed. Laws 1980, LB 632, § 47.

81-263.65. Repealed. Laws 1980, LB 632, § 47.

81-263.66. Repealed. Laws 1980, LB 632, § 47.

81-263.67. Repealed. Laws 1980, LB 632, § 47.

81-263.68. Repealed. Laws 1980, LB 632, § 47.

81-263.69. Repealed. Laws 1980, LB 632, § 47.

81-263.70. Repealed. Laws 1980, LB 632, § 47.

81-263.71. Repealed. Laws 1980, LB 632, § 47.

81-263.72. Repealed. Laws 1980, LB 632, § 47.

81-263.73. Repealed. Laws 1980, LB 632, § 47.

81-263.74. Repealed. Laws 1980, LB 632, § 47.

81-263.75. Repealed. Laws 1980, LB 632, § 47.

81-263.76. Repealed. Laws 1980, LB 632, § 47.

81-263.77. Repealed. Laws 1980, LB 632, § 47.

81-263.78. Repealed. Laws 1980, LB 632, § 47.

81-263.79. Repealed. Laws 1980, LB 632, § 47.

81-263.80. Repealed. Laws 1980, LB 632, § 47.

81-263.81. Repealed. Laws 1975, LB 324, § 1.

81-263.82. Repealed. Laws 1975, LB 324, § 1.

81-263.83. Repealed. Laws 1975, LB 324, § 1.

81-263.84. Repealed. Laws 1975, LB 324, § 1.

81-263.85. Repealed. Laws 1975, LB 324, § 1.

81-263.86. Repealed. Laws 1975, LB 324, § 1.

81-263.87. Repealed. Laws 1980, LB 632, § 47.

81-263.88. Transferred to section 2-3913.

81-263.89. Transferred to section 2-3914.

81-263.90. Transferred to section 2-3915.

81-263.91. Transferred to section 2-3916.

81-263.92. Repealed. Laws 1980, LB 632, § 47.

81-263.93. Repealed. Laws 1980, LB 632, § 47.

81-263.94. Transferred to section 2-3918.

81-263.95. Transferred to section 2-3919.

81-263.96. Transferred to section 2-3920.

81-263.97. Transferred to section 2-3921.

81-263.98. Transferred to section 2-3922.

81-263.99. Transferred to section 2-3923.

81-263.100. Transferred to section 2-3924.

81-263.101. Transferred to section 2-3925.

81-263.102. Repealed. Laws 1980, LB 632, § 47.

81-263.103. Repealed. Laws 1980, LB 632, § 47.

81-263.104. Repealed. Laws 1980, LB 632, § 47.

81-263.105. Repealed. Laws 1980, LB 632, § 47.

81-263.106. Transferred to section 2-3931.

81-263.107. Transferred to section 2-3932.

81-263.108. Transferred to section 2-3933.

81-263.109. Transferred to section 2-3934.

81-263.110. Transferred to section 2-3935.

81-263.111. Transferred to section 2-3936.

81-263.112. Repealed. Laws 1980, LB 632, § 47.

81-263.113. Repealed. Laws 1980, LB 632, § 47.

81-263.114. Transferred to section 2-3937.

81-263.115. Repealed. Laws 1980, LB 632, § 47.

81-263.116. Transferred to section 2-3938.

81-263.117. Transferred to section 2-3947.

81-263.118. Transferred to section 2-3939.

81-263.119. Transferred to section 2-3942.

81-263.120. Transferred to section 2-3943.

81-263.121. Transferred to section 2-3944.

81-263.122. Transferred to section 2-3945.

81-263.123. Repealed. Laws 1980, LB 632, § 47.

81-264. Repealed. Laws 1980, LB 632, § 47.

81-265. Repealed. Laws 1980, LB 632, § 47.

81-266. Repealed. Laws 1980, LB 632, § 47.

81-267. Repealed. Laws 1980, LB 632, § 47.

81-268. Repealed. Laws 1955, c. 332, § 15.

81-269. Repealed. Laws 1955, c. 332, § 15.

81-270. Repealed. Laws 1955, c. 332, § 15.

81-271. Repealed. Laws 1955, c. 332, § 15.

81-272. Repealed. Laws 1955, c. 332, § 15.

81-273. Repealed. Laws 1955, c. 332, § 15.

81-274. Repealed. Laws 1949, c. 279, § 6.

81-275. Repealed. Laws 1955, c. 332, § 15.

81-275.01. Repealed. Laws 1961, c. 424, § 20.

81-275.02. Repealed. Laws 1961, c. 424, § 20.

81-275.03. Repealed. Laws 1961, c. 424, § 20.

81-275.04. Repealed. Laws 1961, c. 424, § 20.

81-275.05. Repealed. Laws 1961, c. 424, § 20.

81-275.06. Repealed. Laws 1961, c. 424, § 20.

81-275.07. Repealed. Laws 1961, c. 424, § 20.

81-275.08. Repealed. Laws 1961, c. 424, § 20.

81-275.09. Repealed. Laws 1961, c. 424, § 20.

81-275.10. Repealed. Laws 1961, c. 424, § 20.

81-275.11. Repealed. Laws 1961, c. 424, § 20.

81-275.12. Repealed. Laws 1961, c. 424, § 20.

81-275.13. Repealed. Laws 1961, c. 424, § 20.

81-275.14. Repealed. Laws 1961, c. 424, § 20.

81-275.15. Repealed. Laws 1977, LB 268, § 27.

81-275.16. Repealed. Laws 1977, LB 268, § 27.

81-275.17. Repealed. Laws 1977, LB 268, § 27.

81-275.18. Repealed. Laws 1977, LB 268, § 27.

81-275.19. Repealed. Laws 1977, LB 268, § 27.

81-275.20. Repealed. Laws 1977, LB 268, § 27.

81-275.21. Repealed. Laws 1977, LB 268, § 27.

81-275.22. Repealed. Laws 1977, LB 268, § 27.

81-275.23. Repealed. Laws 1977, LB 268, § 27.

81-275.24. Repealed. Laws 1977, LB 268, § 27.

81-275.25. Repealed. Laws 1977, LB 268, § 27.

81-275.26. Repealed. Laws 1977, LB 268, § 27.

81-275.27. Repealed. Laws 1977, LB 268, § 27.

81-275.28. Repealed. Laws 1977, LB 268, § 27.

81-275.29. Repealed. Laws 1977, LB 268, § 27.

81-275.30. Repealed. Laws 1977, LB 268, § 27.

81-275.31. Repealed. Laws 1977, LB 268, § 27.

81-275.32. Repealed. Laws 1977, LB 268, § 27.

81-275.33. Repealed. Laws 1977, LB 268, § 27.

81-275.34. Repealed. Laws 1977, LB 268, § 27.

81-275.35. Repealed. Laws 1977, LB 268, § 27.

81-276. Repealed. Laws 1980, LB 633, § 10.

81-277. Repealed. Laws 1980, LB 633, § 10.

81-278. Repealed. Laws 1980, LB 633, § 10.

81-279. Repealed. Laws 1980, LB 633, § 10.

81-280. Repealed. Laws 1980, LB 633, § 10.

81-281. Repealed. Laws 1965, c. 546, § 18.

81-282. Repealed. Laws 1965, c. 546, § 18.

81-283. Repealed. Laws 1965, c. 546, § 18.

81-284. Repealed. Laws 1965, c. 546, § 18.

81-285. Repealed. Laws 1965, c. 546, § 18.

81-286. Repealed. Laws 1965, c. 546, § 18.

81-287. Repealed. Laws 1980, LB 632, § 47.

81-288. Repealed. Laws 1980, LB 632, § 47.

81-289. Repealed. Laws 1980, LB 632, § 47.

81-290. Repealed. Laws 1980, LB 632, § 47.

81-291. Repealed. Laws 1980, LB 632, § 47.

81-292. Repealed. Laws 1980, LB 632, § 47.

81-293. Repealed. Laws 1980, LB 632, § 47.

81-294. Repealed. Laws 1972, LB 1410, § 3.

81-295. Repealed. Laws 1972, LB 1410, § 3.

81-296. Repealed. Laws 1972, LB 1410, § 3.

81-297. Repealed. Laws 1972, LB 1410, § 3.

81-298. Repealed. Laws 1972, LB 1410, § 3.

81-299. Repealed. Laws 1972, LB 1410, § 3.

81-2,100. Repealed. Laws 1972, LB 1410, § 3.

81-2,101. Repealed. Laws 1972, LB 1410, § 3.

81-2,102. Repealed. Laws 1972, LB 1410, § 3.

81-2,103. Repealed. Laws 1972, LB 1410, § 3.

81-2,104. Repealed. Laws 1972, LB 1410, § 3.

81-2,105. Repealed. Laws 1972, LB 1410, § 3.

81-2,106. Repealed. Laws 1972, LB 1410, § 3.

81-2,107. Repealed. Laws 1972, LB 1410, § 3.

81-2,108. Repealed. Laws 1972, LB 1410, § 3.

81-2,109. Repealed. Laws 1972, LB 1410, § 3.

81-2,110. Repealed. Laws 1972, LB 1410, § 3.

81-2,111. Repealed. Laws 1981, LB 487, § 62.

81-2,111.01. Repealed. Laws 1981, LB 487, § 62.

81-2,112. Repealed. Laws 1981, LB 487, § 62.

81-2,113. Repealed. Laws 1981, LB 487, § 62.

81-2,114. Repealed. Laws 1981, LB 487, § 62.

81-2,115. Repealed. Laws 1981, LB 487, § 62.

81-2,116. Repealed. Laws 1981, LB 487, § 62.

81-2,117. Repealed. Laws 1981, LB 487, § 62.

81-2,118. Repealed. Laws 1981, LB 487, § 62.

81-2,119. Repealed. Laws 1981, LB 487, § 62.

81-2,120. Repealed. Laws 1981, LB 487, § 62.

81-2,121. Repealed. Laws 1981, LB 487, § 62.

81-2,122. Repealed. Laws 1981, LB 487, § 62.

81-2,123. Repealed. Laws 1981, LB 487, § 62.

81-2,124. Repealed. Laws 1981, LB 487, § 62.

81-2,125. Repealed. Laws 1947, c. 319, § 3.

81-2,126. Repealed. Laws 1947, c. 319, § 3.

81-2,127. Repealed. Laws 1981, LB 487, § 62.

81-2,128. Repealed. Laws 1947, c. 319, § 3.

81-2,129. Repealed. Laws 1981, LB 487, § 62.

81-2,130. Repealed. Laws 1947, c. 319, § 3.

81-2,131. Repealed. Laws 1947, c. 319, § 3.

81-2,132. Repealed. Laws 1981, LB 487, § 62.

81-2,133. Repealed. Laws 1981, LB 487, § 62.

81-2,134. Repealed. Laws 1981, LB 487, § 62.

81-2,134.01. Repealed. Laws 1981, LB 487, § 62.

81-2,134.02. Repealed. Laws 1957, c. 371, § 6.

81-2,134.03. Repealed. Laws 1981, LB 487, § 62.

81-2,134.04. Repealed. Laws 1981, LB 487, § 62.

81-2,134.05. Repealed. Laws 1981, LB 487, § 62.

81-2,134.06. Repealed. Laws 1981, LB 487, § 62.

81-2,134.07. Repealed. Laws 1981, LB 487, § 62.

81-2,134.08. Repealed. Laws 1981, LB 487, § 62.

81-2,134.09. Repealed. Laws 1981, LB 487, § 62.

81-2,134.10. Repealed. Laws 1981, LB 487, § 62.

81-2,134.11. Repealed. Laws 1981, LB 487, § 62.

81-2,135. Repealed. Laws 1945, c. 237, § 14.

81-2,135.01. Repealed. Laws 1969, c. 759, § 11.

81-2,136. Repealed. Laws 1945, c. 237, § 14.

81-2,136.01. Repealed. Laws 1969, c. 759, § 11.

81-2,136.02. Repealed. Laws 1969, c. 759, § 11.

81-2,137. Repealed. Laws 1945, c. 237, § 14.

81-2,137.01. Repealed. Laws 1969, c. 759, § 11.

81-2,138. Repealed. Laws 1945, c. 237, § 14.

81-2,138.01. Repealed. Laws 1969, c. 759, § 11.

81-2,139. Repealed. Laws 1945, c. 237, § 14.

81-2,139.01. Repealed. Laws 1969, c. 759, § 11.

81-2,140. Repealed. Laws 1945, c. 237, § 14.

81-2,140.01. Repealed. Laws 1969, c. 759, § 11.

81-2,141. Repealed. Laws 1945, c. 237, § 14.

81-2,141.01. Repealed. Laws 1969, c. 759, § 11.

81-2,141.02. Repealed. Laws 1969, c. 759, § 11.

81-2,141.03. Repealed. Laws 1969, c. 759, § 11.

81-2,142. Repealed. Laws 1945, c. 237, § 14.

81-2,142.01. Repealed. Laws 1969, c. 759, § 11.

81-2,143. Repealed. Laws 1945, c. 237, § 14.

81-2,143.01. Repealed. Laws 1969, c. 759, § 11.

81-2,144. Repealed. Laws 1945, c. 237, § 14.

81-2,144.01. Repealed. Laws 1969, c. 759, § 11.

81-2,145. Repealed. Laws 1945, c. 237, § 14.

81-2,145.01. Repealed. Laws 1969, c. 759, § 11.

81-2,146. Repealed. Laws 1945, c. 237, § 14.

81-2,146.01. Repealed. Laws 1969, c. 759, § 11.

81-2,147. Law, how cited.

Sections 81-2,147 to 81-2,147.12 shall be known and cited as the Nebraska Seed Law.

Source:Laws 1969, c. 759, § 1, p. 2860; Laws 1985, LB 460, § 11; Laws 2009, LB263, § 2.    


81-2,147.01. Terms, defined.

As used in the Nebraska Seed Law:

(1) Advertisement means all representations, other than those on the label, disseminated in any manner or by any means relating to seed, including farm grain represented as suitable for sowing, within the scope of the Nebraska Seed Law;

(2) Agricultural seed includes the seeds of grass, forage, cereal, oil and fiber crops, and lawn and mixtures of such seeds and any other kinds of seed commonly recognized within this state as agricultural seeds and may include the seed of any plant that is being used as an agricultural crop when the Director of Agriculture establishes in rules and regulations that such seed is being used as agricultural seed;

(3) Blend means seeds consisting of more than one variety of a kind, each in excess of five percent by weight of the whole;

(4) Brand means a word, name, symbol, number, or design to identify seed of one person to distinguish it from seed of another person;

(5) Certifying agency means (a) an agency authorized under the laws of a state, territory, or possession of the United States to officially certify seed and which has standards and procedures approved by the United States Secretary of Agriculture to assure genetic purity and identity of the seed certified or (b) an agency of a foreign country which is determined by the United States Secretary of Agriculture to adhere to procedures and standards for seed certification comparable to those adhered to generally by certifying agencies under subdivision (a) of this subdivision;

(6) Conditioning means drying, cleaning, scarifying, or other operations which could change the purity or germination of the seed and require the seed lot or any definite amount of seed to be retested to determine the label information;

(7) Director means the Director of Agriculture or his or her designated employee or representative or authorized agent;

(8) Dormant seed means viable seeds, other than hard seeds, which fail to germinate when provided the specified germination conditions for the kind of seed in question;

(9) Flower seed includes seeds of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts and commonly known and sold under the name of flower or wildflower seeds in this state;

(10) Germination means the emergence and development from the seed embryo of those essential structures which for the kind of seed in question are indicative of the ability to produce a normal plant under favorable conditions;

(11) Hard seed means seeds which remain hard at the end of the prescribed test period because they have not absorbed water due to an impermeable seed coat;

(12) Hybrid means the first generation seed of a cross produced by controlling the pollination and by combining (a) two or more inbred lines, (b) one inbred or a single cross with an open-pollinated variety, or (c) two varieties or species except open-pollinated varieties of corn (Zea mays). The second generation and subsequent generations from such crosses shall not be regarded as hybrids. Hybrid designations shall be treated as variety names;

(13) Inert matter means all matter not seed which includes broken seeds, sterile florets, chaff, fungus bodies, and stones as established by rules and regulations;

(14) Kind means one or more related species or subspecies which singly or collectively are known by one common name, such as corn, oats, alfalfa, and timothy;

(15) Labeling includes all labels and other written, printed, stamped, or graphic representations, in any form whatsoever, accompanying or pertaining to any seed, whether in bulk or in containers, and includes representations on invoices;

(16) Lot means a definite quantity of seed in containers or bulk identified by a lot number or other mark, every portion of which is uniform within recognized tolerances for the factors that appear in the labeling;

(17) Mixture, mix, or mixed means seeds consisting of more than one kind, each present in excess of five percent by weight of the whole;

(18) Mulch means a protective covering of any suitable material placed with seed which acts to retain sufficient moisture to support seed germination and sustain early seedling growth and aids in preventing the evaporation of soil moisture, controlling weeds, and preventing erosion;

(19) Origin means a foreign country or designated portion thereof, a state, the District of Columbia, Puerto Rico, or a possession of the United States, where the seed was grown;

(20) Other crop seed means seed of plants grown as crops, other than the kind or variety included in the pure seed, as established by rules and regulations;

(21) Person includes any corporation, company, society, association, body politic and corporate, community, individual, partnership, limited liability company, or joint-stock company or the public generally;

(22) Primary noxious weed seeds means the seeds of any plant designated by the director as a noxious weed pursuant to the Noxious Weed Control Act. Pursuant to subdivision (1)(c) of section 81-2,147.06, the director may add to or subtract from this primary noxious weed seeds list;

(23) Prohibited noxious weed seeds means the seeds of plants which are highly destructive and difficult to control in this state by ordinary good cultural practice, the use of herbicides, or both and includes field bindweed (Convolvulus arvensis), hoary cress (Cardaria draba), Russian knapweed (Centaurea repens), johnsongrass (Sorghum halepense), Scotch thistle (Onopordum acanthium), morning glory (Ipomoea purpurea) when found in field crop seeds, skeletonleaf bursage (Ambrosia discolor), woollyleaf bursage (Ambrosia tomentosa), serrated tussock (Nassella trichotoma), and puncturevine (Tribulus terrestris). Pursuant to subdivision (1)(c) of section 81-2,147.06, the director may add to or subtract from this prohibited noxious weed seeds list;

(24) Pure live seed means the product of the percent of germination plus percent of hard or dormant seed multiplied by the percent of pure seed divided by one hundred. The result shall be expressed as a whole number;

(25) Pure seed means seed exclusive of inert matter and all other seeds not of the seed being considered as established by rules and regulations;

(26) Record means any and all information which relates to the origin, treatment, germination, purity, kind, and variety of each lot or definite amount of seed handled in this state. Such information includes seed samples and records of declarations, labels, purchases, sales, conditioning, bulking, treatment, handling, storage, analyses, tests, and examinations;

(27) Restricted noxious weed seeds means the seeds of plants which are objectionable in fields, lawns, and gardens of this state but can be controlled by ordinary good cultural practice, the use of herbicides, or both and includes dodder (Cuscuta spp.), wild mustard (Brassica spp.), dock (Rumex spp.), quackgrass (Elytrigia repens), pennycress (Thlaspi arvense), purple loosetrife (Lythrum salicaria), and horsenettle (Solanum carolinense). Pursuant to subdivision (1)(c) of section 81-2,147.06, the director may add to or subtract from this restricted noxious weed seeds list;

(28) Sale in any of its variant forms means sale, to barter, exchange, offer for sale, expose for sale, move, or transport, in any of their variant forms, or otherwise supplying. Sale does not mean the donation, exchange, or other transfer of seeds to or from a seed library or among members of, or participants in, a seed library;

(29) Screenings means the results of the process which removes, in any way, weed seed, inert matter, and other materials from any agricultural, vegetable, or flower seed in any kind of cleaning process;

(30) Seed library means a nonprofit, governmental, or cooperative organization, association, or activity for the purpose of facilitating the donation, exchange, preservation, and dissemination of seeds of open pollinated, public domain plant varieties by or among its members or members of the public when the use, exchange, transfer, or possession of seeds acquired by or from the seed library is free of any charge or consideration;

(31) Seizure means a legal process carried out by court order against a definite amount or lot of seed;

(32) Stop-sale order means an administrative order provided by law restraining the sale, use, disposition, and movement of a definite amount or lot of seed;

(33) Tetrazolium (TZ) test means a type of test in which chemicals are used to produce differential staining of strong, weak, and dead tissues, which is indicative of the potential viability of seeds;

(34) Treated means that the seed has been given an application of a substance or subjected to a process or coating for which a claim is made or which is designed to reduce, control, or repel disease organisms, insects, or other pests which attack seeds or seedlings growing therefrom;

(35) Variety means a subdivision of a kind which is distinct, uniform, and stable. For purposes of this subdivision: (a) Distinct means that the variety can be differentiated by one or more identifiable morphological, physiological, or other characteristics from all other varieties of public knowledge; (b) uniform means that variations in essential and distinctive characteristics are describable; and (c) stable means that the variety will remain unchanged in its essential and distinctive characteristics and its uniformity when reproduced or reconstituted as required by the different categories of varieties;

(36) Vegetable seed includes the seeds of those crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable or herb seeds in this state; and

(37) Weed seed includes the seeds of any plant generally recognized as a weed within this state as established in rules and regulations and includes the primary noxious weed seeds, prohibited noxious weed seeds, and restricted noxious weed seeds.

Source:Laws 1969, c. 759, § 2, p. 2860; Laws 1980, LB 633, § 3; Laws 1985, LB 460, § 12; Laws 1990, LB 37, § 1; Laws 1992, LB 366, § 25; Laws 1993, LB 121, § 524; Laws 1997, LB 263, § 2; Laws 2012, LB770, § 1;    Laws 2015, LB175, § 9.    


Cross References

81-2,147.02. Container; labeling requirements.

Each container of agricultural, vegetable, or flower seeds which is sold within this state for sowing purposes shall bear thereon or have attached thereto in a conspicuous place a plainly written or printed label or tag in the English language giving the following information, which statement shall not be modified or denied in the labeling or on another label attached to the container:

(1) For any agricultural seeds or any mixture thereof, any vegetable seeds or any mixture thereof, or any flower seeds or any mixture thereof for sowing purposes that have been treated, unless each seed container bears a label giving the following information and statements as established in the rules and regulations:

(a) A word or statement indicating that the seeds have been treated;

(b) The commonly accepted coined, chemical (generic), or abbreviated chemical name of any substance used in such treatment;

(c) If the substance used in such treatment in the amount remaining with the seeds is harmful to humans or other vertebrate animals, an appropriate caution statement approved by the director as adequate for the protection of the public such as, "Do Not Use For Food Or Feed Or Oil Purposes", except that the caution statement for mercurials and similarly toxic substances, as established in the rules and regulations, shall be a representation of a skull and crossbones and a statement such as, "This Seed Has Been Treated With POISON", in red letters on a background of distinctly contrasting color;

(d) A description approved by the director for the protection of the public of any process used in such treatment; and

(e) If the seed is treated with an inoculant, the year and month beyond which the inoculant, if shown in the labeling, is no longer claimed to be effective (Date of expiration);

(2) For agricultural seeds except for grass seed mixtures as provided in subdivision (5) of this section:

(a) The commonly accepted name of the kind and variety of each agricultural seed component, in excess of five percent of the whole, and the percentage by weight of each in the order of its predominance, except that if the variety of the kinds which are generally labeled as to their variety as established in the rules and regulations is not stated, the label shall show the name of the kind and the words, "Variety Not Stated". When more than one component is required to be named, the word mixture, mix, mixed, or blend shall be shown conspicuously on the label. Hybrids shall be labeled as hybrids except when the pure seed contains less than seventy-five percent hybrid seed. If the percentage of the hybrid seed is equal to or greater than seventy-five percent but less than ninety-five percent, the percentage of hybrid shall be labeled parenthetically following the variety;

(b) The lot number or other lot identification;

(c) Origin, if known. If the origin is unknown, the fact shall be stated;

(d) The percentage by weight of all weed seed;

(e) The name and rate of occurrence per pound of each kind of restricted noxious weed seed:

(i) For Agrostis spp., bluegrass, timothy, orchardgrass, fescue, alsike clover, white clover, reed canarygrass, ryegrass, foxtail millet, alfalfa, red clover, sweetclover, lespedeza, smooth brome, crimson clover, Brassica spp., flax, wheatgrass, and other agricultural seed of similar size and weight, or mixtures within such group, when present singly or collectively in excess of eighteen seeds per pound; and

(ii) For all other agricultural seed or agricultural seed mixtures not included in subdivision (i) of this subdivision, when present, label as found;

(f) Percentage by weight of agricultural seeds which may be designated as other crop seed other than those required to be named on the label;

(g) The percentage by weight of inert matter;

(h) For each named agricultural seed, the percentage of germination exclusive of hard seed and the percentage of hard seed if present. Following the percentage of germination exclusive of hard seed and the percentage of hard seed, if present, the total germination and hard seed percentage may be stated if desired. The calendar month and year the test was completed to determine such percentages or an expiration date for those seeds labeled for lawn and turf purposes shall also be stated;

(i) For each of the following named grasses the percentage of germination exclusive of dormant seed, the percentage of dormant seed if present, or the percentage of viability as indicated by a tetrazolium (TZ) test and the calendar month and year the test was completed to determine such percentages. Following the percentage of germination, exclusive of dormant seed and the percentage of dormant seed, if present, the total germination and dormant seed may be stated if desired. Also, for each of the following named grasses when extreme dormancy is encountered, the result of a tetrazolium (TZ) test may be shown in lieu of the percentage of germination to indicate the potential viability of the seed:

Bluestem:
Big Andropogon gerardii
Little Schizachyrium scoparium
Sand Andropogon hallii
Yellow Bothriochioa ischaemum
Dropseed, sand Sporobolus cryptandrus
Buffalograss Buchloe dactyloides
Grama:
Sideoats Bouteloua curtipendula
Blue Bouteloua gracilis
Indiangrass Sorghastrum nutans
Lovegrass, sand Eragrostis trichodes
Needlegrass, green Stipa viridula
Prairie sandreed Calamovilfa longifolia
Ricegrass, Indian Oryzopsis hymenoides
Wheatgrass, western Elymus smithii
Switchgrass Panicum virgatum; and

(j) The name and address of the person who labeled such seed or who sells such seed within this state;

(3) For agricultural, vegetable, and flower seeds that are coated:

(a) The percentage of pure seeds with coating material removed;

(b) The percentage of coating material should be shown as a separate item in close association with the percentage of inert matter; and

(c) The percentage of germination should be determined on four hundred pellets with or without seeds;

(4) For products which claim to be a combination of mulch, seed, and fertilizer the word combination shall be followed by the words "Mulch - Seed - Fertilizer". The word combination must appear on the upper thirty percent of the principal display panel and must be the largest and most conspicuous type on the container, equal to or larger than the product name. The words "Mulch - Seed - Fertilizer" shall be no smaller than one-half the size of, and in close proximity to, the word combination. Such product shall contain a minimum of seventy percent mulch;

(5) For seed mixtures for lawns and turf purposes in containers of fifty pounds or less:

(a) The word mixed, mixture, mix, or blend;

(b) Commonly accepted name, in order of its predominance of the kind and variety, or kind of each agricultural seed present in excess of five percent of the whole;

(c) Percentage by weight of pure seed of each agricultural seed named;

(d) For each agricultural seed named under subdivision (b) of this subdivision:

(i) Percentage of germination exclusive of hard seed;

(ii) Percentage of hard seed if present; and

(iii) Calendar month and year the test was completed to determine such percentages or an expiration date;

(e) Percentage by weight of all weed seed;

(f) Percentage by weight of all agricultural seeds, which may be designated as crop seed, other than those stated under subdivision (b) of this subdivision;

(g) Percentage by weight of inert matter;

(h) Lot number or other lot identification;

(i) The name and rate of occurrence of each kind of restricted noxious weed seed per pound when present singly or collectively in excess of the numbers shown in subdivision (2)(e)(i) of this section;

(j) Name and address of the person who labeled such seed or who sells such seed within this state;

(k) Origin, if known. If the origin is unknown, the fact shall be stated; and

(l) For cool season lawn and turf grass seed and mixtures, including kentucky bluegrass, red fescue, chewings fescue, hard fescue, tall fescue, perennial rye grass, intermediate rye grass, annual rye grass, colonial bentgrass, and creeping bentgrass:

(i) The calendar month and year the germination test was completed to determine the percentage required under subdivision (5)(d)(i) of this section and the germination test date for each component or, if each component does not show a germination test date, the oldest germination test date shall be used for the mixture; or

(ii) In place of the test date, the statement "sell by (date)", which date shall not be more than fifteen months after the date of the germination test exclusive of the month of the germination test;

(6) For grass seed for which claims are made regarding the beneficial presence of Acremonium species:

(a) The seed shall have on the analysis label or on a separate label which is in close proximity to the analysis label the actual percentage of viable endophyte present in each component and the month and year that a viable endophyte test was performed to establish the percentage of endophyte present. For mixtures, the oldest test date shall be used. The test date shall be stated as "Endophyte Test Date". Freshly harvested seed may be labeled and shipped based on a seed endophyte test until October 1 of the harvest year; and

(b) The viable endophyte test must have been conducted within the last nine months, not including the month of the test. If the test date exceeds nine months the seed lot must be retested and relabeled or all references to endophyte must be removed from the label;

(7) For vegetable seeds in containers prepared for use in home gardens or household plantings or vegetable seeds in preplanted containers, mats, tapes, or other planting devices:

(a) The name of the kind and variety of seed;

(b) Lot number or other lot identification;

(c) The calendar month and year the seeds were tested or the year for which the seed was packaged for sale as "Packed for (year)";

(d) For seeds which germinate less than the standard last established in the rules and regulations:

(i) Percentage of germination exclusive of hard seed;

(ii) Percentage of hard seed if present;

(iii) The calendar month and year the test was completed to determine such percentages; and

(iv) The words "Below Standard" in not less than eight-point type;

(e) For seeds placed in a germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quantity of seed without removing the seeds from the medium, mat, tape, or other device, a statement to indicate the minimum number of seeds in the container;

(f) The name and rate of occurrence per pound of each kind of restricted noxious weed seed present; and

(g) The name and address of the person who labeled such seed or who sells such seed within this state;

(8) For vegetable seeds in containers other than containers prepared for use in home gardens or household plantings and other than preplanted containers, mats, tapes, or other planting devices:

(a) The name of each kind and variety present in excess of five percent and the percentage by weight of each in order of its predominance;

(b) Lot number or other lot identification;

(c) For each named vegetable seed:

(i) The percentage of germination exclusive of hard seed;

(ii) The percentage of hard seed if present; and

(iii) The calendar month and year the test was completed to determine such percentages. Following the information prescribed in subdivisions (i) and (ii) of this subdivision, the total germination and hard seed percentage may be stated as such, if desired;

(d) The name and rate of occurrence per pound of each kind of restricted noxious weed seed present; and

(e) Name and address of the person who labeled the seed or who sells such seed within this state;

(9) For flower seeds in containers prepared for use in home gardens or household plantings or flower seeds in preplanted containers, mats, tapes, or other planting devices:

(a) For all kinds of flower seeds:

(i) The name of the kind and variety or a statement of type and performance characteristics as established in rules and regulations. Mixtures shall be listed on the label as mixture, mix, or mixed. Seeds described as native wildflower seeds shall only be seeds from flowers that are indigenous to North America. Seeds described as introduced wildflower seeds shall only be seeds from flowers that are not indigenous to North America;

(ii) The calendar month and year the seed was tested or the year for which the seed was packaged for sale as "Packed for (year)"; and

(iii) The name and address of the person who labeled the seed for sale within this state;

(b) For seeds of those kinds for which standard testing procedures are prescribed, such as methods published by the Association of Official Seed Analysts or other generally recognized methods, and which germinate less than the germination standard last established in the rules and regulations:

(i) Percentage of germination exclusive of hard seeds; and

(ii) The words "Below Standard" in not less than eight-point type; and

(c) For seeds placed in a germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quantity of seed without removing the seeds from the medium, mat, tape, or device, a statement to indicate the minimum number of seeds in the container;

(10) For flower seeds in containers other than packets prepared for use in home flower gardens or household plantings and other than preplanted containers, mats, tapes, or other planting devices:

(a) The name of the kind and variety or a statement of type and performance characteristics as established in rules and regulations. Mixtures shall be listed on the label as mixture, mixed, or mix. Seeds described as native wildflower seeds shall only be seeds from flowers that are indigenous to North America. Seeds described as introduced wildflower seeds shall only be seeds from flowers that are not indigenous to North America;

(b) The percentage by weight of pure seed for each flower seed named;

(c) Lot number or other lot identification;

(d) Percentage by weight of all weed seed when present in flower seed;

(e) Name and rate of occurrence per pound of each kind of restricted noxious weed seed, if present, listed under the heading noxious weed seeds;

(f) The calendar month and year that the seed was tested;

(g) The name and address of the person who labeled the seed or who sells the seed within this state; and

(h) For those kinds of seed for which standard testing procedures are prescribed in generally recognized official methods:

(i) Percentage of germination exclusive of hard seed; and

(ii) Percentage of hard seed if present; and

(11) For agricultural seeds sold on a pure live seed basis, as established in the rules and regulations, the information required by subdivision (2)(a) of this section, except as modified in this subdivision:

(a) The label need not show:

(i) The percentage by weight of each agricultural seed component as required by subdivision (2)(a) of this section; or

(ii) The percentage by weight of inert matter as required by subdivision (2)(g) of this section; and

(b) The label shall, instead of the information required by subdivision (2)(h) of this section or subdivision (2)(i) of this section when appropriate, show for each named agricultural seed:

(i) The percentage of pure live seed as established in the rules and regulations; and

(ii) The calendar month and year in which the test determining the percentage of pure live seed was completed.

Source:Laws 1969, c. 759, § 3, p. 2863; Laws 1972, LB 1290, § 1; Laws 1980, LB 633, § 4; Laws 1985, LB 460, § 14; Laws 1990, LB 37, § 2; Laws 1997, LB 263, § 3; Laws 2013, LB166, § 1.    


81-2,147.03. Sale; unlawful acts.

(1) It shall be unlawful for any person to sell any agricultural, vegetable, or flower seed within this state:

(a) Unless the test to determine the percentage of germination required in section 81-2,147.02 has been completed within a nine-month period, exclusive of the calendar month in which the test was completed, immediately prior to sale, except that for those seeds as established in rules and regulations, the test to determine the percentage of germination shall have been completed within a twelve-month period, exclusive of the calendar month in which the test was completed, immediately prior to sale. Seeds packaged in hermetically sealed containers under the conditions established in rules and regulations may be sold for a period of thirty-six months after the last day of the month that the seeds were tested prior to packaging. If the seeds in hermetically sealed containers are sold more than thirty-six months after the last day of the month in which they were tested prior to packaging, they shall have been retested for germination within a nine-month period, exclusive of the calendar month in which the retest was completed, immediately prior to their sale;

(b) Not labeled in accordance with the provisions of the Nebraska Seed Law or having a false and misleading labeling. In case agricultural seed is sold in bulk or sold from bulk, the information required under section 81-2,147.02 may be supplied by a printed or written statement to be furnished to any purchaser of such seed;

(c) Pertaining to which there has been a false or misleading advertisement, statement, invoice, or declaration;

(d) Consisting of or containing primary noxious weed seeds;

(e) Consisting of or containing prohibited noxious weed seeds, subject to recognized tolerances;

(f) Consisting of or containing restricted noxious weed seeds per pound in excess of the number declared on the label attached to the container of the seed or associated with the seed, subject to recognized tolerances. The recognized tolerances shall not exceed one-half of one percent by weight;

(g) Containing more than two percent by weight of all weed seed other than primary noxious weed seed, prohibited noxious weed seed, and restricted noxious weed seed. This subdivision does not apply to agricultural, vegetable, or flower seeds specifically allowed in the rules and regulations to contain four percent or less by weight of weed seed;

(h) If any labeling, advertising, or other representation subject to the Nebraska Seed Law represents the seed to be certified or registered seed unless (i) it has been determined by a certifying agency that such seed was produced, conditioned, and packaged and conforms to standards of purity as to kind or kind and variety in compliance with rules and regulations of such agency pertaining to such seed and (ii) the seed bears an official label issued for such seed by a certifying agency stating that the seed is certified or registered; and

(i) For reproductive purposes which is not certified by an official certifying agency when it is a variety for which an application has been made or accepted or a certificate of plant variety protection is issued under the federal Plant Variety Protection Act specifying sale only as a class of certified seed, except that seed from a certified lot may be labeled as to variety name when used in a mixture by or with the approval of the owner of the variety.

(2) It shall be unlawful for any person within this state:

(a) To detach, alter, deface, or destroy any label provided for in the Nebraska Seed Law or established in the rules and regulations adopted and promulgated under such law or to alter or substitute seed in a manner that may defeat the purpose of such law;

(b) To disseminate any false or misleading advertisements concerning agricultural, vegetable, or flower seeds in any manner or by any means;

(c) To hinder or obstruct in any way any authorized person in the performance of his or her duties under the Nebraska Seed Law;

(d) To fail to comply with a stop-sale order or to move or otherwise handle or dispose of any lot of seed held under a stop-sale order or tags attached thereto, except with written permission of the enforcing officer and for the purpose specified thereby;

(e) To sell screenings if they contain any seed of primary, prohibited, or restricted noxious weeds unless they have been conditioned to destroy the viability of such seed;

(f) To use the word trace as a substitute for any statement which is required;

(g) To use the word type in any labeling in connection with the name of any agricultural seed variety;

(h) To plant seed which the person knows contains a prohibited noxious weed seed in excess of the recognized tolerances utilized in subdivision (1)(e) of this section or contains primary noxious weed seed; or

(i) To alter or falsify any seed label, seed test, laboratory report, record, or other document in a manner which creates a false or misleading impression as to kind, variety, history, quality, or origin of the seed.

(3) All seed sold shall be labeled on the basis of tests performed by a seed laboratory using Rules for Testing Seeds adopted by the Association of Official Seed Analysts as of January 1, 2012.

Source:Laws 1969, c. 759, § 4, p. 2869; Laws 1973, LB 263, § 1; Laws 1980, LB 633, § 5; Laws 1985, LB 460, § 15; Laws 1990, LB 37, § 3; Laws 1997, LB 263, § 4; Laws 2012, LB770, § 2.    


81-2,147.04. Records; samples; subject to inspection.

Each person whose name appears on the label as handling agricultural, vegetable, or flower seeds subject to the Nebraska Seed Law shall keep for a period of three years complete records of each lot of agricultural, vegetable, or flower seed handled and keep for one year a file sample of each lot of seed after final disposition of the lot. All such records and samples pertaining to the shipment or shipments involved shall be accessible for inspection by the director during customary business hours.

Source:Laws 1969, c. 759, § 5, p. 2871; Laws 1985, LB 460, § 16; Laws 1990, LB 37, § 4.


81-2,147.05. Exempt seed or grain.

(1) Sections 81-2,147.02 and 81-2,147.03 shall not apply:

(a) To seed or grain not intended for sowing purposes;

(b) To seed in storage in, or being transported or consigned to, a cleaning or conditioning establishment for cleaning or conditioning, except that the invoice or labeling accompanying any shipment of such seed shall bear the statement Seed for Conditioning, and any labeling or other representation which may be made with respect to the uncleaned unconditioned seed shall be subject to the Nebraska Seed Law;

(c) To any carrier in respect to any seed transported or delivered for transportation in the ordinary course of its business as a carrier if such carrier is not engaged in producing, conditioning, or marketing agricultural, vegetable, or flower seeds subject to the Nebraska Seed Law; or

(d) To seed libraries.

(2) No person shall be subject to the penalties of the Nebraska Seed Law for having sold agricultural, vegetable, or flower seed which was incorrectly labeled or represented as to kind, variety, or origin, if required, which seeds cannot be identified by examination thereof, unless he or she has failed to obtain an invoice, genuine grower's declaration, or other labeling information and to take such other precautions as may be reasonable to insure the identity to be as stated.

Source:Laws 1969, c. 759, § 6, p. 2871; Laws 1985, LB 460, § 17; Laws 1990, LB 37, § 5; Laws 2015, LB175, § 10.    


81-2,147.06. Director; powers and duties.

(1) The duty of enforcing the Nebraska Seed Law and carrying out such law and requirements shall be vested in the director. It shall be the duty of the director:

(a) To sample, inspect, make analysis of, and test agricultural, vegetable, and flower seed sold within this state for sowing purposes at such time and place and to such extent as he or she may deem necessary to determine whether such agricultural, vegetable, or flower seed is in compliance with the Nebraska Seed Law and to notify promptly the persons who sold the seed of any violation;

(b) To adopt and promulgate rules and regulations in compliance with the Administrative Procedure Act as are specifically authorized in the Nebraska Seed Law governing the method of sampling, inspecting, analyzing, testing, and examining agricultural, vegetable, and flower seed and the tolerances to be followed in the administration of the law, which shall be in general accord with officially prescribed practice in interstate commerce, and such other rules and regulations as may be necessary to secure the efficient enforcement and full intent of such law;

(c) To adopt and promulgate rules and regulations in compliance with the Administrative Procedure Act adding to or subtracting from the primary noxious weed seeds list, the prohibited noxious weed seeds list, and the restricted noxious weed seeds list, as defined in section 81-2,147.01, whenever the director finds that a noxious weed seed should or should not be within one of these lists;

(d) To adopt and promulgate rules and regulations in compliance with the Administrative Procedure Act establishing reasonable standards of germination for agricultural, vegetable, and flower seed; and

(e) To adopt and promulgate rules and regulations in compliance with the Administrative Procedure Act to establish, add to, or subtract from the seeds listed in subdivision (2)(i) of section 81-2,147.02 and for which the tetrazolium (TZ) test may be employed as the official test to indicate the potential viability of the seed.

(2) For the purpose of carrying out the law, the director may:

(a) Enter upon any public or private premises during regular business hours in order to have access to seeds and the records connected with such seeds subject to the law and the rules and regulations adopted and promulgated under such law and enter any truck or other conveyor by land, water, or air at any time when the conveyor is accessible for the same purpose;

(b) Issue and enforce a written or printed stop-sale order to the owner or custodian of any lot of agricultural, vegetable, or flower seed which the director finds is in violation of any of the provisions of the law or rules and regulations adopted and promulgated under such law, which order shall prohibit further sale, conditioning, and movement of such seed, except on approval of the enforcing officer, until such officer has evidence that the law has been complied with and he or she has issued a release from the stop-sale order of such seed. With respect to seed which has been denied sale, conditioning, or movement as provided in this subdivision, the owner or custodian of such seed shall have the right to appeal from such order in accordance with the Administrative Procedure Act, praying for a judgment as to the justification of such order and for the discharge of such seed from the order prohibiting the sale, conditioning, or movement in accordance with the findings of the court. This subdivision shall not be construed as limiting the right of the director to proceed as authorized by other sections of the law;

(c) Establish and maintain or make provision for seed-testing facilities, employ qualified persons, and incur such expenses as may be necessary to comply with the law or rules and regulations adopted and promulgated under the law;

(d) Make or provide for making purity, weed seed, tetrazolium (TZ), germination, and other tests of seed as established in rules and regulations and recommended by rule of the Association of Official Seed Analysts for persons on request, adopt and promulgate rules and regulations in compliance with the Administrative Procedure Act governing such testing, and fix and collect charges for the tests made, which charges shall not exceed the cost of such tests. All fees shall be remitted to the state treasury and by the State Treasurer placed in the Nebraska Seed Administrative Cash Fund;

(e) Cooperate with the United States Department of Agriculture and other agencies in seed law enforcement; and

(f) Cooperate and enter into agreements with any person necessary to carry out the purpose of the law.

Source:Laws 1969, c. 759, § 7, p. 2872; Laws 1985, LB 460, § 19; Laws 1988, LB 352, § 166; Laws 1990, LB 37, § 6; Laws 1997, LB 263, § 5.


Cross References

81-2,147.07. Seeds not in compliance with law; remedies; procedure.

(1) Any lot of agricultural, vegetable, or flower seed not in compliance with the Nebraska Seed Law shall be subject to seizure on complaint of the director to a court of competent jurisdiction in the locality in which the seed is located. In the event the court finds the seed to be in violation of such law and orders the condemnation thereof, it shall be denatured, conditioned, destroyed, relabeled, or otherwise disposed of in compliance with the laws of this state, except that in no instance shall the court order such disposition of the seed without first having given the claimant an opportunity to apply to the court for the release of the seed or permission to condition or relabel it to bring it into compliance with such law.

(2) It shall be the duty of the county attorney of the county in which the seed is located or the Attorney General when notified by the Department of Agriculture of such need for seizure to institute appropriate proceedings without delay.

Source:Laws 1969, c. 759, § 8, p. 2874; Laws 1985, LB 460, § 20; Laws 1990, LB 37, § 7.


81-2,147.08. Restraining order or injunction; application by director; issued without bond.

The director may apply for a restraining order, a temporary or permanent injunction, or a mandatory injunction against any person who has violated, is violating, or is threatening to violate any of the provisions of the Nebraska Seed Law or any rules or regulations adopted and promulgated under such law. The district court of the county in which the violations have occurred, are occurring, or are about to occur shall have jurisdiction to grant such relief upon good cause shown. Relief may be granted notwithstanding the existence of any other remedy at law and shall be granted without bond.

Source:Laws 1969, c. 759, § 9, p. 2874; Laws 1985, LB 460, § 21; Laws 1990, LB 37, § 8.


81-2,147.09. Violations; penalty; hearing; enforcement.

Any person violating the Nebraska Seed Law shall be guilty of a Class IV misdemeanor.

It shall be the duty of the county attorney of the county in which any violation has occurred, is occurring, or is about to occur or the Attorney General when notified by the Department of Agriculture of a violation or a threatened violation to institute appropriate proceedings, either criminal or injunctive, or both, without delay. Before the director reports a violation, an opportunity shall be given to the person against whom proceedings will be brought to present such person's views to the director at a hearing held pursuant to the Administrative Procedure Act.

If after such hearing or without such hearing, in case the defendant or his or her agent or attorney fails or refuses to appear, the director is of the opinion that the evidence warrants prosecution, he or she shall proceed as provided in this section. The county attorney or the Attorney General, as the case may be, shall institute proceedings at once against any person charged with a violation of the Nebraska Seed Law, if in the judgment of the director the information submitted warrants such action.

After judgment by the court in any case arising under such law, the director shall publish any information pertinent to the issuance of the judgment by the court in such media as he or she may designate from time to time.

Source:Laws 1969, c. 759, § 10, p. 2874; Laws 1977, LB 39, § 280; Laws 1985, LB 460, § 22; Laws 1990, LB 37, § 9.


Cross References

81-2,147.10. Sale of labeled seeds; permit required; fees; delinquency fee; renewal; exceptions; refusal or cancellation of permit; hearing.

(1) No person who labels for sale in Nebraska agricultural, vegetable, or flower seeds shall sell such seeds in Nebraska unless he or she holds a valid seed permit. Application for the permit shall be made to the Department of Agriculture on forms prescribed and furnished by the department. Application forms shall be submitted to the department accompanied by an annual registration fee based on the number of pounds of agricultural, vegetable, or flower seed the applicant labeled and sold during the preceding calendar year. Registrations shall be renewed on or before January 1 of each year. If a person fails to renew the registration by January 31 of each year, such person shall also be required to pay a delinquency fee of twenty percent per month of the amount of the fee due, not to exceed one hundred percent of the annual registration fee. The purpose of the additional delinquency fee is to cover the administrative costs associated with collecting fees. All money collected as a delinquency fee shall be remitted to the State Treasurer for credit to the Nebraska Seed Administrative Cash Fund.

The annual registration fee shall be:

Fee: Applicant sold:
Twenty-five dollars Less than ten thousand pounds of
agricultural seed (other than
lawn and turf seed);
Fifty dollars Ten thousand or more pounds of
agricultural seed (other than lawn
and turf seed) and less than two
hundred fifty thousand pounds of
any kind of seed;
One hundred dollars Two hundred fifty thousand or
more pounds and less than five
hundred thousand pounds of seeds;
Two hundred fifty dollars Five hundred thousand or more
pounds and less than one
million pounds of seeds;
Three hundred fifty dollars One million or more pounds
and less than five million
pounds of seeds;
Seven hundred fifty dollars Five million or more pounds of seeds.

(2) Subsection (1) of this section shall not apply if the agricultural, vegetable, or flower seeds being labeled and sold are of the breeder or foundation seed classes of varieties developed by publicly financed research agencies intended for the purpose of increasing the quantity of seed available.

(3) The director shall refuse to issue a permit when the application for such permit is not in compliance with the Nebraska Seed Law or any rules and regulations adopted and promulgated pursuant to such law and may cancel any permit when it is subsequently found to be in violation of any provision of such law, rule, or regulation or when the director has satisfactory evidence that the person has used fraudulent or deceptive practices in an attempted evasion of the law, rule, or regulation, except that no permit shall be refused or canceled until the person shall have been given an opportunity to be heard before the director.

Source:Laws 1985, LB 460, § 13; Laws 1990, LB 37, § 10; Laws 1997, LB 263, § 6; Laws 1997, LB 752, § 217; Laws 2016, LB909, § 12.    


81-2,147.11. Nebraska Seed Administrative Cash Fund; created; use; investment.

There is hereby created a fund to be known as the Nebraska Seed Administrative Cash Fund. All money received pursuant to the Nebraska Seed Law shall be remitted to the State Treasurer for credit to such fund. All money credited to the fund shall be used by the Department of Agriculture to aid in defraying the cost of administering such law, except that transfers may be made from the fund to the General Fund at the direction of the Legislature. Any money in the Nebraska Seed Administrative Cash Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 1985, LB 460, § 18; Laws 1995, LB 7, § 98; Laws 2009, First Spec. Sess., LB3, § 63.    


Cross References

81-2,147.12. Preemption of local law.

The Nebraska Seed Law and any rules and regulations adopted and promulgated thereunder shall supersede and preempt any ordinance, rule, regulation, or resolution enacted by any political subdivision of the state regarding the regulation of seeds. No political subdivision shall prohibit or in any other manner regulate any matter relating to the registration, labeling, or sale of seeds based upon the type, nature, or genetic makeup of such seeds. No political subdivision shall prohibit or in any other manner regulate any matter relating to the registration, labeling, sale, storage, transportation, distribution, notification of use, planting, or cultivation of seeds that is in addition to or in conflict with the Nebraska Seed Law and any rules and regulations adopted and promulgated thereunder. Nothing in this section shall be construed to preempt or otherwise limit the authority of any city or county to adopt and enforce zoning regulations.

Source:Laws 2009, LB263, § 1.    


81-2,148. Repealed. Laws 1945, c. 237, § 14.

81-2,149. State-certified seeds; plant parts; approval of standards; certification, defined.

Every person, firm, association, or corporation who or which issues, uses, or circulates any certificate, advertisement, tag, seal, poster, letterhead, marking, circular, or written or printed representation or description of or pertaining to seeds or plant parts intended for propagation or sale or sold or offered for sale in which the words Nebraska State Certified, State Certified, Nebraska Certified, or similar words or phrases are used or employed or in which are used or employed, signs, symbols, maps, diagrams, pictures, words, or phrases expressly or impliedly stating or representing that such seeds or plant parts comply with or conform to the standards or requirements recommended or approved by the University of Nebraska Institute of Agriculture and Natural Resources or by any department, office, agency, or institution of the State of Nebraska shall be subject to the provisions of sections 81-2,149 to 81-2,154. Every issuance, use, or circulation of any certificate or any other instrument as described in this section shall be deemed to be certification as that term is employed in such sections.

Source:Laws 1931, c. 151, § 1, p. 409; C.S.Supp.,1941, § 81-1816; R.S.1943, § 81-2,149; Laws 1991, LB 663, § 53.


81-2,150. State-certified seeds; dealers; observance of rules of University of Nebraska Institute of Agriculture and Natural Resources required.

Every person, firm, association, or corporation subject to the provisions of sections 81-2,149 to 81-2,154 shall observe, perform, and comply with all rules, regulations, and requirements fixed, established, or specified by the University of Nebraska Institute of Agriculture and Natural Resources as to what crops grown or to be grown in Nebraska shall be eligible for certification, either by the institute directly or by agents or agencies authorized by it for the purpose, and as to standards, requirements, and forms of and for certification under such sections, except that not more than one such agent or agency for certification shall be designated for any one specified crop. No certification, within the provisions of such sections, shall be made or authorized except by or through the institute.

Source:Laws 1931, c. 151, § 2, p. 409; C.S.Supp.,1941, § 81-1817; R.S.1943, § 81-2,150; Laws 1991, LB 663, § 54.


81-2,151. State-certified seeds; certification agencies; nonprofit basis.

Certification work, whether conducted by the University of Nebraska Institute of Agriculture and Natural Resources or by any agency designated by it, shall be on a self-supporting basis and not for financial profit. The institute may designate as the agency for the certification of seed potatoes a nonstock, nonprofit cooperative association engaged in the marketing of such potatoes under exclusive marketing agreements with its growers.

Source:Laws 1931, c. 151, § 3, p. 409; C.S.Supp.,1941, § 81-1818; R.S.1943, § 81-2,151; Laws 1991, LB 663, § 55.


81-2,152. State-certified seeds; certification agencies; legal obligations; University of Nebraska Institute of Agriculture and Natural Resources not liable.

The University of Nebraska Institute of Agriculture and Natural Resources shall not be financially responsible for debts incurred by, damages inflicted by, or contracts broken by certifying agencies in conducting certification work.

Source:Laws 1931, c. 151, § 4, p. 410; C.S.Supp.,1941, § 81-1819; R.S.1943, § 81-2,152; Laws 1991, LB 663, § 56.


81-2,153. State-certified seeds; growers; violations; dishonest practices; certification may be withheld.

The University of Nebraska Institute of Agriculture and Natural Resources or its designated agency or agencies may withhold certification, for a period not to exceed two years, from any grower of seeds or plant parts who is engaged in or attempting to engage in any dishonest practices for the purpose of evading the provisions of sections 81-2,149 to 81-2,154, including standards, rules, and regulations laid down by the institute to cover certification.

Source:Laws 1931, c. 151, § 5, p. 410; C.S.Supp.,1941, § 81-1820; R.S.1943, § 81-2,153; Laws 1991, LB 663, § 57.


81-2,154. State-certified seeds; violations; penalty.

It shall be unlawful for any person, firm, association, or corporation to issue, make, use, or circulate any certification as defined in section 81-2,149 without the authority and approval of the University of Nebraska Institute of Agriculture and Natural Resources or its duly authorized agency. Every person, firm, association, or corporation who violates any of the provisions of sections 81-2,149 to 81-2,154 pertaining to certification shall be guilty of a Class IV misdemeanor.

Source:Laws 1931, c. 151, § 6, p. 410; C.S.Supp.,1941, § 81-1821; R.S.1943, § 81-2,154; Laws 1977, LB 39, § 281; Laws 1991, LB 663, § 58.


81-2,155. Hybrid seed corn; practices forbidden.

It shall be unlawful for any person, firm, corporation or its agents or representatives to sell, offer or expose for sale, or falsely mark or tag, within the State of Nebraska, any seed corn as hybrid unless it is seed of the first generation of a cross involving two, three, or four different inbred lines of corn or their combinations.

Source:Laws 1937, c. 4, § 1, p. 56; C.S.Supp.,1941, § 81-1823; R.S.1943, § 81-2,155; Laws 2017, LB276, § 1.    


81-2,156. Hybrid seed corn; cross, defined.

The cross mentioned in section 81-2,155 shall be produced by cross fertilization performed by a method of proper isolation in time or distance and controlled either by hand, by detasseling at the proper times, or by utilizing male sterility systems.

Source:Laws 1937, c. 4, § 2, p. 56; C.S.Supp.,1941, § 81-1824; R.S.1943, § 81-2,156; Laws 2017, LB276, § 2.    


81-2,157. Hybrid seed corn; violations; penalty; enforcement action; Director of Agriculture; duties.

(1) Any person who violates any of the provisions of sections 81-2,155 and 81-2,156 shall be guilty of a Class III misdemeanor.

(2) In addition to the criminal penalty provided under subsection (1) of this section, a restraining order or a temporary, permanent, or mandatory injunction may be imposed against any person to restrain the commission or continuance of any act in violation of any of the provisions of sections 81-2,155 and 81-2,156. The district court of the county where such act is occurring or about to occur shall have jurisdiction to grant such relief upon good cause shown. Relief may be granted notwithstanding the existence of any other remedy at law and shall be granted without bond.

(3) Whenever the Director of Agriculture has a reasonable belief that the commission or continuance of any act is in violation of sections 81-2,155 and 81-2,156, the director shall report such belief to the Attorney General or the county attorney of the county in which such act is occurring or about to occur. Upon satisfactory information provided by the director, the Attorney General or the appropriate county attorney may cause appropriate proceedings pursuant to this section to be initiated without delay.

Source:Laws 1937, c. 4, § 3, p. 56; C.S.Supp.,1941, § 81-1825; R.S.1943, § 81-2,157; Laws 1977, LB 39, § 282; Laws 2017, LB276, § 3.    


81-2,158. Repealed. Laws 1955, c. 334, § 23.

81-2,159. Repealed. Laws 1955, c. 334, § 23.

81-2,160. Repealed. Laws 1955, c. 334, § 23.

81-2,161. Repealed. Laws 1955, c. 334, § 23.

81-2,161.01. Repealed. Laws 1955, c. 334, § 23.

81-2,161.02. Repealed. Laws 1955, c. 334, § 23.

81-2,162. Repealed. Laws 1955, c. 334, § 23.

81-2,162.01. Act; administration.

The Nebraska Commercial Fertilizer and Soil Conditioner Act shall be administered by the Director of Agriculture.

Source:Laws 1955, c. 334, § 1, p. 1037; Laws 1975, LB 333, § 1; Laws 1987, LB 201, § 3.


Annotations

81-2,162.02. Terms, defined.

For purposes of the Nebraska Commercial Fertilizer and Soil Conditioner Act, unless the context otherwise requires:

(1) Director means the Director of Agriculture or his or her duly authorized agent;

(2) Department means the Department of Agriculture;

(3) Commercial fertilizer means any formula or product distributed for further distribution or ultimate use as a plant nutrient, intended to promote plant growth, containing one or more plant nutrients recognized by the Association of American Plant Food Control Officials in its official publication. The term commercial fertilizer shall not be deemed to include unmanipulated animal and vegetable manures but shall be deemed to include both finished products and fertilizer ingredients capable of being used in the formulation of a finished product;

(4) Bulk means nonpackaged;

(5) Custom-blended product means any individually compounded commercial fertilizer or soil conditioner mixed, blended, offered for sale, or sold in Nebraska to a person's specifications, when such person is the ultimate consumer, if the ingredients used in such product which are subject to the registration requirements of section 81-2,162.03 have been so registered;

(6) Distribute means to offer for sale, sell, barter, or otherwise supply commercial fertilizers or soil conditioners;

(7) Fineness means the percentage of weight of the material which will pass United States standard sieves of specified sizes;

(8) Grade means the percentage of total nitrogen, available phosphate, and soluble potash;

(9) Label means a display of written, printed, or other graphic matter upon the container in which a commercial fertilizer or soil conditioner is distributed, or a statement accompanying such product;

(10) Labeling means the label and all other written, printed, or graphic matter accompanying the commercial fertilizer or soil conditioner at any time or to which reference is made on the label;

(11) Official sample means any sample of commercial fertilizer or soil conditioner taken by the director or his or her agent;

(12) Product means both commercial fertilizers and soil conditioners;

(13) Ton means a net weight of two thousand pounds avoirdupois;

(14) Percent or percentage means the percentage by weight;

(15) Person includes individual, cooperative, partnership, limited liability company, association, firm, and corporation;

(16) Sell or sale includes exchange;

(17) Soil conditioner means any formula or product distributed, except unmanipulated animal and vegetable manures, which, when added to the soil, is intended to (a) change the physical condition of the soil or (b) produce a favorable growth, yield, or quality of crops or other soil characteristics but shall not mean a commercial fertilizer, a pesticide as defined in the Pesticide Act, or an agricultural liming material as defined in the Agricultural Liming Materials Act; and

(18) Specialty product means a product for nonfarm use.

Source:Laws 1955, c. 334, § 2, p. 1037; Laws 1959, c. 429, § 1, p. 1434; Laws 1975, LB 333, § 2; Laws 1977, LB 91, § 2; Laws 1978, LB 692, § 1; Laws 1980, LB 889, § 1; Laws 1992, LB 366, § 26; Laws 1993, LB 121, § 525; Laws 2015, LB93, § 1.    


Cross References

Annotations

81-2,162.03. Soil conditioner; registration; expiration; application; contents; custom-blended products exempt; information required.

(1) Each soil conditioner shall be registered before being distributed in this state. The distributor who first causes the distribution of the product into or within this state shall be responsible for compliance with the product registration requirements of this section. The application for registration shall be submitted to the director on forms furnished by the director and shall be accompanied by two copies of the labeling for such product. Upon approval by the director, a copy of the registration shall be furnished to the applicant. All registrations shall expire on December 31 of each year. The application shall include the following information:

(a) The name and principal address of the person registering the product;

(b) The name and principal address of the person guaranteeing the product, if different than the registrant;

(c) The name and principal address of the person manufacturing the product, if different than the registrant;

(d) The name and principal address of the person whose name appears on the label, if different than the registrant;

(e) The name of the product, including any term, design, trademark, or chemical designation used in connection with the product; and

(f) The percentage of every ingredient present in each soil conditioner.

(2) Custom-blended products shall be exempt from the requirements of this section, except that such products shall bear a tag or invoice stating the name and principal address of the manufacturer, the name and address of the purchaser, and the net weight or measure and the composition of the product by weight or percentage of ingredients used, and a duplicate copy of such information shall be kept by the manufacturer for use by the department for sampling and inspection purposes. All ingredients shall be subject to the inspection fee requirements of section 81-2,162.06 except those ingredients brought to the manufacturer by the ultimate user for custom blending.

(3) A product shall not be required to be registered under this section when the director knows, or has reason to know, that such product is currently registered pursuant to this section. The director shall consider two or more products to be the same product only if the characteristics of the products described under subdivisions (b) through (f) of subsection (1) of this section are the same.

Source:Laws 1955, c. 334, § 3, p. 1038; Laws 1969, c. 791, § 1, p. 2995; Laws 1975, LB 333, § 4; Laws 1980, LB 889, § 2; Laws 1992, LB 366, § 27.


Annotations

81-2,162.04. Soil conditioner; label; contents; bulk; statement; common name; pesticide; how labeled.

(1) Any packaged soil conditioner distributed in this state, except custom-blended products, shall have placed on or affixed to the package a label stating clearly and conspicuously (a) the net weight or measure of the product, (b) the information required by subdivisions (1)(c) and (d) of section 81-2,162.03, (c) the total percentage of all active ingredients in the soil conditioner, (d) the identification and percentage of each individual active ingredient, (e) the total percentage of the inactive ingredients, (f) the identification and percentage of each individual inactive ingredient which comprises more than two percent of the entire soil conditioner, and (g) under a category entitled other inactive ingredients, the total percentage of the remaining inactive ingredients which individually do not comprise two percent or more of the soil conditioner.

(2) If any soil conditioner is distributed in bulk, a written or printed statement of the weight and the information required by subdivisions (1)(c) and (d) of section 81-2,162.03 and by subdivisions (1)(c) through (g) of this section shall accompany delivery and be supplied to the purchaser.

(3) Whenever a soil conditioner is so comprised as to be recognized by a name commonly understood by ordinary individuals, such name shall be prominently and conspicuously displayed on the label.

(4) Notwithstanding any other provision of the Nebraska Commercial Fertilizer and Soil Conditioner Act, any soil conditioner which is also a pesticide, labeled in conformance with the Pesticide Act, shall be deemed to be labeled in conformance with the Nebraska Commercial Fertilizer and Soil Conditioner Act.

Source:Laws 1978, LB 692, § 3; Laws 1987, LB 24, § 1; Laws 1987, LB 201, § 4; Laws 1993, LB 588, § 37; Laws 2015, LB93, § 2.    


Cross References

Annotations

81-2,162.05. Commercial fertilizer; label affixed to package; contents; common name; custom-blended products; requirements.

(1) Any packaged commercial fertilizer distributed in this state, except custom-blended products, shall have placed on or affixed to the package a label stating clearly and conspicuously:

(a) The net weight or measure of the product;

(b) The name and principal address of the manufacturer or distributor;

(c) The name of the product, including any term, design, trademark, or chemical designation used in connection with the product;

(d) The guaranteed analysis showing the minimum percentage of plant nutrients claimed in the following order and form:

Total Nitrogen.....percent

Ammoniacal Nitrogen

(Specialty products only).....percent

Nitrate Nitrogen

(Specialty products only).....percent

Water Insoluble Nitrogen

(Specialty products only).....percent

Available Phosphate (P2O5).....percent

Soluble Potash (K2O).....percent

Unacidulated mineral phosphatic materials and basic slag shall be guaranteed as to both total available phosphate and the degree of fineness. Plant nutrients, other than nitrogen, phosphorus, and potassium, shall be guaranteed when present in significant quantities as determined by the director, which guarantees shall be expressed in elemental form. The director may also request that the sources of such nutrients be included on the label. Other beneficial substances, determinable by chemical methods, may be guaranteed only by permission of the director by and with the advice of the University of Nebraska Institute of Agriculture and Natural Resources;

(e) The sources from which the nitrogen, available phosphate (P2O5), and potash (K2O) are derived; and

(f) The grade stated in whole numbers in the same terms, order, and percentages as in the guaranteed analysis, except as follows:

(i) Specialty products may be guaranteed in fractional units of less than one percent of the total nitrogen, available phosphate, and soluble potash; and

(ii) The director may allow types of fertilizer materials, bone meal, or manures to be guaranteed in fractional units.

(2) If distributed in bulk, a written or printed statement of the information required by subdivisions (a), (b), (c), and (d) of subsection (1) of this section shall accompany delivery and be supplied to the purchaser.

(3) Whenever a commercial fertilizer is so comprised as to be recognized by a name commonly understood by ordinary individuals, such name shall be prominently and conspicuously displayed on the label.

(4) Custom-blended products shall bear a tag or invoice stating the name and principal address of the manufacturer, the name and address of the purchaser, and the net weight or measure and the composition of the product by weight or percentage of ingredients used. A duplicate copy of such information shall be kept by the manufacturer for use by the department for sampling and inspection purposes.

Source:Laws 1955, c. 334, § 5, p. 1040; Laws 1975, LB 333, § 5; Laws 1978, LB 692, § 2; Laws 1980, LB 889, § 3; Laws 1992, LB 366, § 28; Laws 2015, LB93, § 3.    


Annotations

81-2,162.06. Commercial fertilizer and soil conditioner; inspection fee; amount; tonnage report; additional administrative fee; confidential information.

(1) There shall be paid to the director, for all commercial fertilizers and soil conditioners distributed in this state to the ultimate user, except custom-blended products, an inspection fee at the rate fixed by the director but not exceeding ten cents per ton. The fee shall be paid by the person distributing the product to the ultimate user.

(2) Payment of the inspection fee shall be evidenced by a statement made with documents showing that fees corresponding to the tonnage were received by the director.

(3) Every person who distributes commercial fertilizer or soil conditioners to the ultimate user in this state shall file, not later than the last day of January and July of each year, a semiannual tonnage report on forms provided by the department setting forth the number of net tons of commercial fertilizer and soil conditioners distributed in this state during the preceding six-month period, which report shall cover the periods from July 1 to December 31 and January 1 to June 30, and such other information as the director shall deem necessary. All persons required to be licensed pursuant to the Nebraska Commercial Fertilizer and Soil Conditioner Act shall file such report regardless of whether any inspection fee is due. Upon filing the report, such person shall pay the inspection fee at the rate prescribed pursuant to subsection (1) of this section. The minimum inspection fee required pursuant to this section shall be five dollars, and no inspection fee shall be paid more than once for any one product.

(4) If a person fails to report and pay the fee required by subsection (3) of this section by January 31 and July 31, the fee shall be considered delinquent and the person owing the fee shall pay an additional administrative fee of twenty-five percent of the delinquent amount for each month it remains unpaid, not to exceed one hundred percent of the original amount due. The department may waive the additional administrative fee based upon the existence and extent of any mitigating circumstances that have resulted in the late payment of such fee. The purpose of the additional administrative fee is to cover the administrative costs associated with collecting fees and all money collected as an additional administrative fee shall be remitted to the State Treasurer for credit to the Fertilizers and Soil Conditioners Administrative Fund. Failure to make an accurate statement of tonnage or to pay the inspection fee or comply as provided in this subsection shall constitute sufficient cause for the cancellation of all product registrations, licenses, or both on file for such person.

(5) No information furnished to the department under this section shall be disclosed in such a way as to reveal the operation of any person.

Source:Laws 1955, c. 334, § 6, p. 1041; Laws 1965, c. 8, § 47, p. 117; Laws 1969, c. 791, § 2, p. 2996; Laws 1975, LB 333, § 6; Laws 1977, LB 91, § 3; Laws 1980, LB 889, § 4; Laws 1989, LB 38, § 7; Laws 1992, LB 366, § 29; Laws 2015, LB93, § 4.    


Annotations

81-2,162.07. Enforcement of act; inspections; testing; methods of analysis; results; distribution.

(1) To enforce the Nebraska Commercial Fertilizer and Soil Conditioner Act or the rules and regulations adopted pursuant to the act, the director may:

(a) For purposes of inspection, enter any location, vehicle, or both in which commercial fertilizers and soil conditioners are manufactured, processed, packed, transported, or held for distribution during normal business hours, except that in the event such locations and vehicles are not open to the public, the director shall present his or her credentials and obtain consent before making entry thereto unless a search warrant has previously been obtained. Credentials shall not be required for each entry made during the period covered by the inspection. The person in charge of the location or vehicle shall be notified of the completion of the inspection. If the owner of such location or vehicle or his or her agent refuses to admit the director to inspect pursuant to this section, the director may obtain a search warrant from a court of competent jurisdiction directing such owner or agent to submit the location, vehicle, or both as described in such search warrant to inspection;

(b) Inspect any location or vehicle described in this subsection, all pertinent equipment, finished and unfinished materials, containers and labeling, all records, books, papers, and documents relating to the distribution and production of commercial fertilizers and soil conditioners, and other information necessary for the enforcement of the act;

(c) Obtain samples of commercial fertilizers and soil conditioners. The owner, operator, or agent in charge shall be given a receipt describing the samples obtained; and

(d) Make analyses of and test samples obtained pursuant to subdivision (c) of this subsection to determine whether such commercial fertilizers and soil conditioners are in compliance with the act.

For purposes of this subsection, location shall include a factory, warehouse, or establishment.

(2) Sampling and analysis shall be conducted in accordance with methods published by the AOAC International or in accordance with other generally recognized methods.

(3) The director, in determining for administrative purposes whether any product is deficient in plant nutrients, shall be guided solely by the official sample as defined in subdivision (11) of section 81-2,162.02 and obtained and analyzed as provided for in subsection (2) of this section.

(4) The results of official analysis of any official sample shall be forwarded by the director to the person named on the label when the official sample is not in compliance with the act or the rules and regulations adopted pursuant to the act. Upon request made within ninety days of the analysis, the director shall furnish to the person named on the label a portion of the official sample. Following expiration of the ninety-day period, the director may dispose of such sample.

Source:Laws 1955, c. 334, § 7, p. 1041; Laws 1969, c. 791, § 3, p. 2997; Laws 1975, LB 333, § 8; Laws 1980, LB 889, § 5; Laws 1992, LB 366, § 30; Laws 1993, LB 267, § 27; Laws 2015, LB93, § 5.    


Annotations

81-2,162.08. Commercial fertilizer; superphosphate; requirements.

No superphosphate containing less than eighteen percent available phosphate nor any commercial fertilizer in which the sum of the guarantees for the nitrogen, available phosphate, and soluble potash totals less than twenty percent shall be distributed in this state except for fertilizers containing twenty-five percent or more of their nitrogen in water-insoluble form of plant or animal origin, in which case the total nitrogen, available phosphate, and soluble potash shall not total less than eighteen percent. This section shall not apply to specialty fertilizers.

Source:Laws 1955, c. 334, § 8, p. 1042; Laws 1975, LB 333, § 9; Laws 2015, LB93, § 6.    


81-2,162.09. Repealed. Laws 1975, LB 333, § 25.

81-2,162.10. Repealed. Laws 1975, LB 333, § 25.

81-2,162.11. Commercial fertilizer and soil conditioner; sales information; director make available; contents.

The director shall annually make available, in such form as he or she may deem proper, information concerning the sales of commercial fertilizers and soil conditioners and a report of the results of the analysis based on official samples of commercial fertilizers and soil conditioners distributed within the state as compared with the analyses guaranteed under the provisions of the Nebraska Commercial Fertilizer and Soil Conditioner Act.

Source:Laws 1955, c. 334, § 11, p. 1043; Laws 1975, LB 333, § 12; Laws, 1992, LB 366, § 31; Laws 2015, LB93, § 7.    


81-2,162.12. Commercial fertilizers and soil conditioners; rules and regulations.

For the enforcement of the Nebraska Commercial Fertilizer and Soil Conditioner Act, the director is authorized to prescribe rules and regulations, after public hearing following due public notice, relating to the distribution of commercial fertilizers and soil conditioners as he or she may find necessary to carry into effect the full intent and meaning of the act.

Source:Laws 1955, c. 334, § 12, p. 1044; Laws 1975, LB 333, § 13; Laws 1992, LB 366, § 32.


81-2,162.13. Commercial fertilizer or soil conditioner; registration or license; cancellation; reasons; hearing.

The director is authorized and empowered to cancel the registration or license of any person manufacturing or distributing any commercial fertilizer or soil conditioner or to refuse to register any soil conditioner upon satisfactory evidence that the registrant, licensee, or guarantor has used fraudulent or deceptive practices in the evasions or attempted evasions of the provisions of the Nebraska Commercial Fertilizer and Soil Conditioner Act or any rules and regulations promulgated thereunder. No license or registration shall be revoked or refused until the registrant, licensee, or guarantor has been given the opportunity to appear for a hearing before the director.

Source:Laws 1955, c. 334, § 13, p. 1044; Laws 1975, LB 333, § 14; Laws 1980, LB 889, § 6; Laws 1992, LB 366, § 33.


81-2,162.14. Commercial fertilizer or soil conditioner; stop-sale, stop-use, or removal order; effect; release, when.

The director may issue and enforce a written or printed stop-sale, stop-use, or removal order to the owner or custodian of any lot of commercial fertilizer or soil conditioner and may require the owner or custodian to hold any lot at a designated place when the director has reason to believe the product is being offered or exposed for sale in violation of any of the provisions of the Nebraska Commercial Fertilizer and Soil Conditioner Act until the law has been complied with and such product is released in writing by the director or the violation has been otherwise legally disposed of by written authority. The director shall release the product so withdrawn when the requirements of the act have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid.

Source:Laws 1955, c. 334, § 14, p. 1044; Laws 1975, LB 333, § 15; Laws 1988, LB 871, § 28.


81-2,162.15. Commercial fertilizer or soil conditioner; noncompliance; condemnation; court order; opportunity to comply.

Any lot of commercial fertilizer or soil conditioner not in compliance with the provisions of the Nebraska Commercial Fertilizer and Soil Conditioner Act shall be subject to seizure on complaint of the director to a court of competent jurisdiction in the area in which such product is located. In the event the court finds such product to be in violation of the provisions of such act and orders the condemnation of such product, it shall be disposed of in any manner consistent with the quality of the product and the laws of the state. In no instance shall the disposition of such product be ordered by the court without first giving the claimant an opportunity to apply to the court for release of such product or for permission to process or relabel such product to bring it into compliance with the provisions of the act.

Source:Laws 1955, c. 334, § 15, p. 1044; Laws 1975, LB 333, § 16; Laws 1992, LB 366, § 34.


81-2,162.16. Commercial fertilizer or soil conditioner; rules and regulations; violation; notice; hearing; certification to county attorney or Attorney General.

If it shall appear from the examination of any commercial fertilizer or soil conditioner that any of the provisions of the Nebraska Commercial Fertilizer and Soil Conditioner Act or the rules and regulations issued thereunder have been violated, the director shall cause notice of the violations to be given to the person from whom the sample was taken. Any person so notified shall be given opportunity to be heard under such rules and regulations as may be prescribed by the director. If it appears after such hearing, either in the presence or absence of the person so notified, that any of the provisions of the act or rules and regulations issued thereunder have been violated, the director may certify the facts to the county attorney of the county in which the violation occurred or to the Attorney General, as the case may be.

Source:Laws 1955, c. 334, § 16, p. 1045; Laws 1975, LB 333, § 17; Laws 1992, LB 366, § 35.


81-2,162.17. Commercial fertilizer or soil conditioner; act; violations; penalty.

Any person violating any provisions of the Nebraska Commercial Fertilizer and Soil Conditioner Act or the rules and regulations issued thereunder, or who shall impede, obstruct, hinder, or otherwise prevent or attempt to prevent the director in the performance of his or her duty pursuant to the act, shall be guilty of a Class II misdemeanor.

Source:Laws 1955, c. 334, § 17, p. 1045; Laws 1975, LB 333, § 18; Laws 1977, LB 39, § 283; Laws 1992, LB 366, § 36.


81-2,162.18. Commercial fertilizer or soil conditioner; unlawful practices; director; waiver, when.

Nothing in the Nebraska Commercial Fertilizer and Soil Conditioner Act shall be construed as requiring the director to report for prosecution or for the institution of seizure proceedings for minor violations of such act when he or she believes that the public interest will be best served by a suitable notice of warning in writing.

Source:Laws 1955, c. 334, § 18, p. 1045; Laws 1975, LB 333, § 19; Laws 1992, LB 366, § 37.


81-2,162.19. Commercial fertilizer or soil conditioner; Attorney General; county attorney; duties.

It shall be the duty of each county attorney or the Attorney General, as the case may be, to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.

Source:Laws 1955, c. 334, § 19, p. 1046.


81-2,162.20. Commercial fertilizer or soil conditioner; injunction; director; application; no bond required.

The director is hereby authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of the Nebraska Commercial Fertilizer and Soil Conditioner Act, or any rules or regulations promulgated under the act, notwithstanding the existence of other remedies at law. The injunction shall be issued without bond.

Source:Laws 1955, c. 334, § 20, p. 1046; Laws 1975, LB 333, § 20; Laws 1992, LB 366, § 38.


81-2,162.21. Commercial fertilizer or soil conditioner; sales or exchanges; restriction or avoidance; exception.

Nothing in the Nebraska Commercial Fertilizer and Soil Conditioner Act shall be construed to restrict or avoid sales or exchanges of commercial fertilizers or soil conditioners to each other by importers, manufacturers, or manipulators who mix commercial fertilizers or soil conditioners for sale or as preventing the free and unrestricted shipments of commercial fertilizers and soil conditioners to manufacturers or manipulators who have met the provisions of the act.

Source:Laws 1955, c. 334, § 21, p. 1046; Laws 1975, LB 333, § 21; Laws 1992, LB 366, § 39.


81-2,162.22. Act, how cited.

Sections 81-2,162.01 to 81-2,162.28 shall be known and may be cited as the Nebraska Commercial Fertilizer and Soil Conditioner Act.

Source:Laws 1955, c. 334, § 22, p. 1046; Laws 1975, LB 333, § 23; Laws 1987, LB 201, § 5; Laws 2009, LB263, § 4.    


81-2,162.23. Manufacture or distribution of commercial fertilizers or soil conditioners; license required; exception; application; fee; posting of license; records; contents.

(1) No person shall manufacture or distribute commercial fertilizers or soil conditioners in this state unless such person holds a valid license for each manufacturing and distribution facility in this state. Any out-of-state manufacturer or distributor who has no distribution facility within this state shall obtain a license for his or her principal out-of-state office if he or she markets or distributes commercial fertilizer or soil conditioners in the State of Nebraska.

(2) An applicant for a license shall make application to the department on forms furnished by the department. Application forms shall be submitted to the department accompanied by an annual license fee of fifteen dollars. Licenses shall be renewed on or before January 1 of each year.

(3) A copy of the valid license shall be posted in a conspicuous place in each manufacturing or distribution facility.

(4) Persons distributing custom-blended products shall maintain records of purchase orders received for custom-blended products from the date such orders are received until such products are distributed, which records shall be sufficient to show the product ordered, date of such order, purchaser, and quantity of product ordered.

(5) The provisions of this section shall not apply to any retail store which sells or offers for sale less than a five-ton volume of commercial fertilizer or soil conditioners annually.

Source:Laws 1975, LB 333, § 3; Laws 1977, LB 91, § 4; Laws 1980, LB 889, § 7; Laws 1983, LB 617, § 26; Laws 1992, LB 366, § 40; Laws 1997, LB 752, § 218; Laws 2015, LB93, § 8.    


81-2,162.24. Repealed. Laws 1980, LB 889, § 9.

81-2,162.25. Misbranded commercial fertilizer or soil conditioner; distribution unlawful; how determined.

No person shall distribute misbranded commercial fertilizers or soil conditioners. A commercial fertilizer or soil conditioner shall be deemed to be misbranded if:

(1) Its labeling is false or misleading in any particular;

(2) It is distributed under the name of another commercial fertilizer or soil conditioner;

(3) It is not labeled as required by the Nebraska Commercial Fertilizer and Soil Conditioner Act or the regulations promulgated under the act;

(4) It purports to be or is represented as a commercial fertilizer or soil conditioner or as containing an ingredient, for which a definition of identity or standard of quality has been prescribed by regulation of the department, unless it conforms to such definition and standard; or

(5) Any word, statement, or other information required by the act or the regulations promulgated under the act to appear on the label is not prominently displayed with such conspicuousness, as compared with other words, statements, designs, or devices, on the label, and in such terms as to render it likely to be read and understood by an individual under customary conditions of purchase and use.

Source:Laws 1975, LB 333, § 10; Laws 1992, LB 366, § 41.


81-2,162.26. Adulterated commercial fertilizer or soil conditioner; distribution unlawful; how determined.

No person shall distribute adulterated commercial fertilizers or soil conditioners. A commercial fertilizer or soil conditioner shall be deemed to be adulterated if:

(1) It contains any toxic materials, other than pesticides registered pursuant to law, in quantities injurious to plant or animal health;

(2) Any valuable constituent has been in whole or in part omitted or subtracted therefrom or any less valuable substance substituted therefor;

(3) Its composition or quality falls below or differs from that which it is purported or is represented to possess by its label;

(4) Warning statements or directions for use, as prescribed by the director to be shown on the label, are not displayed thereon; or

(5) It contains amounts of crop seed, weed seed, or other foreign materials in excess of tolerances as may be established by rules and regulations of the department.

Source:Laws 1975, LB 333, § 11; Laws 1980, LB 889, § 8.


81-2,162.27. Fertilizers and Soil Conditioners Administrative Fund; created; use; transfers; investment.

(1) All money received under the Nebraska Commercial Fertilizer and Soil Conditioner Act and the Agricultural Liming Materials Act shall be remitted to the State Treasurer for credit to the Fertilizers and Soil Conditioners Administrative Fund, which fund is hereby created. All money so received shall be used by the department for defraying the expenses of administering the Nebraska Commercial Fertilizer and Soil Conditioner Act and the Agricultural Liming Materials Act. Transfers may be made from the fund to the General Fund at the direction of the Legislature. The State Treasurer shall transfer two hundred seventy-five thousand dollars from the Fertilizers and Soil Conditioners Administrative Fund to the General Fund on or before June 30, 2019, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services.

(2) Any unexpended balance in the Fertilizers and Soil Conditioners Administrative Fund at the close of any biennium shall, when reappropriated, be available for the uses and purposes of the fund for the succeeding biennium. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 1975, LB 333, § 22; Laws 1986, LB 258, § 32; Laws 1995, LB 7, § 99; Laws 2001, LB 329, § 14;    Laws 2003, LB 157, § 4;    Laws 2015, LB93, § 9;    Laws 2018, LB945, § 18.    
Effective Date: April 5, 2018


Cross References

81-2,162.28. Preemption of local law.

The Nebraska Commercial Fertilizer and Soil Conditioner Act and any rules and regulations adopted and promulgated thereunder shall supersede and preempt any ordinance, rule, regulation, or resolution enacted by any political subdivision of the state regarding the regulation of fertilizer and soil conditioners. No political subdivision shall prohibit or in any other manner regulate any matter relating to the registration, labeling, or sale of fertilizer and soil conditioners. No political subdivision shall prohibit or in any other manner regulate any matter relating to the storage, transportation, distribution, notification of use, or use that is in addition to or in conflict with the Nebraska Commercial Fertilizer and Soil Conditioner Act and any rules and regulations adopted and promulgated thereunder. Nothing in this section shall be construed to preempt or otherwise limit the authority of any city or county to adopt and enforce zoning regulations or any natural resources district to enforce the Nebraska Ground Water Management and Protection Act.

Source:Laws 2009, LB263, § 3.    


Cross References

81-2,163. State agricultural resources, industries, and development; department; publications; powers.

(1) The Department of Agriculture may provide information in reference to the state's agricultural resources, industries, and development and may assemble data relating to such resources, industries, and development. The department may publish the facts ascertained and may charge for departmental publications an amount not to exceed the cost of collecting, publishing, and distributing such information for the purposes of sections 81-201, 81-2,163, and 81-2,164.03.

(2) The Department of Agriculture may cooperate with the federal government, farm industry groups or associations, and any other person in assembling and disseminating information relating to agricultural products produced throughout the state.

Source:Laws 1919, c. 190, tit. III, art. XXI, § 1, p. 545; C.S.1922, § 7640; C.S.1929, § 81-2501; R.S.1943, § 81-2,163; Laws 1986, LB 795, § 1; Laws 2018, LB135, § 1.    
Effective Date: July 19, 2018


81-2,164. Repealed. Laws 2018, LB135, § 4.

81-2,164.01. Repealed. Laws 2018, LB135, § 4.

81-2,164.02. Repealed. Laws 2018, LB135, § 4.

81-2,164.03. Agricultural Products Marketing Information Cash Fund; created; use; investment.

The Director of Agriculture is hereby authorized to receive voluntary gifts and contributions from the federal government, private agencies, farm industry associations, individuals, and any other person, or to collect fees or charges for services or publications from any source, including, but not limited to, the federal government, state governments, public agencies, and private entities or individuals for the purpose of defraying the expenses of carrying out subdivision (3) of section 81-201 and sections 81-2,163 and 81-2,164.03. All advances so received shall be credited to the Agricultural Products Marketing Information Cash Fund, which fund is hereby created. Disbursements from such fund shall be made upon vouchers approved by the director and warrants issued thereon as provided by law. All money received from the federal government, local government agencies, private research agencies, farm industry associations, individuals, or any other person, which are reimbursements for expenditures made, shall be remitted to the State Treasurer for credit to the Agricultural Products Marketing Information Cash Fund. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 1953, c. 337, § 3, p. 1110; Laws 1955, c. 335, § 1, p. 1047; Laws 1965, c. 8, § 48, p. 117; Laws 1974, LB 888, § 2; Laws 1986, LB 795, § 3; Laws 1995, LB 7, § 100; Laws 2018, LB135, § 2.    
Effective Date: July 19, 2018


Cross References

81-2,165. Beekeeping; inspections; rules and regulations; duties of department and director.

The department is authorized to enforce the Nebraska Apiary Act. The director may make or cause to be made all necessary examinations and inspections and adopt and promulgate such rules, regulations, and orders as may be necessary to carry out the duties of the department under the act.

The department within its authority and funding appropriated to carry out the purposes of the act may take all measures necessary to prevent the introduction, spread, or dissemination of any and all contagious or infectious diseases, parasites, or pests of honeybees and to bring or cause to be brought actions and proceedings in the name of the people of the State of Nebraska to fulfill its duties under the act.

Source:Laws 1929, c. 9, § 1, p. 76; C.S.1929, § 81-2701; R.S.1943, § 81-2,165; Laws 1965, c. 548, § 1, p. 1752; Laws 1967, c. 583, § 1, p. 1964; Laws 1971, LB 403, § 1; Laws 1986, LB 1001, § 1; Laws 1992, LB 366, § 42; Laws 1994, LB 1071, § 2; Laws 2004, LB 835, § 1.    


81-2,165.01. Act, how cited.

Sections 81-2,165 to 81-2,180 shall be known and may be cited as the Nebraska Apiary Act.

Source:Laws 1992, LB 366, § 54; Laws 1994, LB 1071, § 3.


81-2,165.02. Beekeeping; legislative intent; responsibility for education.

It is the intent of the Legislature that the department is not responsible for education regarding good beekeeping practices and education intended to aid in the protection of the apicultural interests in the state from bee diseases, parasites, or pests.

It is further the intent of the Legislature that the University of Nebraska provide such education in accordance with the transfer of appropriations to the university for this purpose.

Source:Laws 1994, LB 1071, § 1.


81-2,166. Terms, defined.

For purposes of the Nebraska Apiary Act, unless the context otherwise requires:

(1) Abandoned apiary shall mean any apiary not regularly attended in accordance with good beekeeping practices and which constitutes a disease, parasite, or pest hazard to the beekeeping industry;

(2) Apiary shall mean any place where one or more colonies of bees or nuclei of bees are located;

(3) Bee equipment shall mean hives, supers, frames, veils, gloves, or any other apparatus, tool, machine, vehicle, or device used in the handling, moving, or manipulating of bees, honey, wax, or hives, including containers of honey or wax which may be used in any apiary or in transporting bees and their products and apiary supplies;

(4) Beekeeping shall mean the moving, raising, and producing of bees, beeswax, and honey which is an agricultural pursuit;

(5) Bees shall mean any stage of the common honeybee, Apis mellifera L;

(6) Colony shall mean the aggregate of worker bees, drones, the queen, and developing young bees living together as a family unit in a hive or other dwelling;

(7) Department shall mean the Department of Agriculture;

(8) Director shall mean the Director of Agriculture or his or her designated representative, employee, or authorized agent;

(9) Disease shall mean American foulbrood, European foulbrood, chalkbrood, sacbrood, paralysis, or any other abnormal condition of egg, larva, pupa, or adult stages of bees;

(10) Exotic disease, parasite, or pest shall mean any disease, parasite, or pest not known to be established in this state;

(11) Hive shall mean a frame hive, box hive, box, barrel, log gum, skep, or any other receptacle or container, natural or artificial, or any part thereof, which is used or employed as a domicile for bees;

(12) Nuclei shall mean a small mass of bees and combs of brood used in forming a new colony;

(13) Parasite shall mean any harmful organism living in or on bees, including, but not limited to, Varroa jacobsoni, Acarapis woodi, and Tropilaelaps clareae; and

(14) Pest shall mean any harmful subspecies of the honeybee Apis mellifera, including, but not limited to, Apis mellifera scutellata.

Words used in the act shall be construed to import either the plural or singular, as the case demands.

Source:Laws 1929, c. 9, § 2, p. 76; C.S.1929, § 81-2702; R.S.1943, § 81-2,166; Laws 1961, c. 426, § 1, p. 1331; Laws 1965, c. 548, § 3, p. 1754; Laws 1967, c. 583, § 2, p. 1965; Laws 1986, LB 1001, § 2; Laws 1992, LB 366, § 43; Laws 1994, LB 1071, § 4; Laws 2004, LB 835, § 2.    


81-2,167. Beekeeping; department; inspection; purpose; violations.

In order to carry out its duties under the Nebraska Apiary Act or any rule, regulation, or order made pursuant to the act, the officers and employees of the department may at all reasonable times enter upon any public or private premises for the purpose of inspection for the existence of or for treatment or destruction of any contagious or infectious diseases, parasites, or pests of bees. They shall have free access to all apiaries, structures, bee equipment, or premises where bees, honey, used bee equipment, or comb in apiaries may be. They may open any hive, colony, package, or receptacle of any kind containing or which they have reason to believe contains any bees, comb, bee products, used beekeeping equipment, or anything else which is capable of transmitting diseases, parasites, or pests of bees. They may stop pedestrians, motor cars, and vehicles when they are likely to be carrying, contrary to the act or any rule, regulation, or order established pursuant to the act, any bees, comb, used bee equipment, or anything else which is capable of transmitting diseases, parasites, or pests of bees. They shall have authority to inspect or reinspect at any time or place any bees, bee products, or used bee equipment shipped in or into the state and to treat it as provided in section 81-2,171. It shall be unlawful to deny such access to the officers and employees of the department or to offer any resistance to, thwart, or hinder such officers and employees by misrepresentation or by concealing facts or conditions. They shall have the power to inspect any apiary, honey house, building, or portion of building or container in which honey is stored, graded, or processed and to determine whether or not any insanitary conditions exist. If it is found that insanitary conditions exist or are permitted to exist, the owner or person in charge, after being notified by the department of the insanitary conditions, shall place such apiary, honey house, building, or portion of building or container in a sanitary condition within a reasonable length of time, and any operator or owner of such apiary, honey house, building, or container failing to obey such notice shall be in violation of the act and shall be punished as provided in section 81-2,179. Each apiary not located at the owner's or operator's place of residence shall have posted in a conspicuous place the name and address of the owner.

Source:Laws 1929, c. 9, § 3, p. 77; C.S.1929, § 81-2703; R.S.1943, § 81-2,167; Laws 1965, c. 548, § 4, p. 1755; Laws 1986, LB 1001, § 3; Laws 1992, LB 366, § 44; Laws 1994, LB 1071, § 5; Laws 2004, LB 835, § 3.    


81-2,168. Beekeeping; inspection; notice to owner; University of Nebraska; duties.

If upon inspection of any bee colonies in the state the existence of diseases, parasites, or pests are found, the owner or person in charge of the bees, after being notified by the department of the nature of the disease, parasite, or pest shall use the best method of treating such disease, parasite, or pest.

Within the appropriation provided, the University of Nebraska shall provide information for beekeepers regarding the best method of preventing or treating such disease, parasite, or pest. When establishing the best method of prevention or treatment, the University of Nebraska shall consider (1) the specific disease, parasite, or pest found, (2) the severity of the infestation, (3) the time of year such disease, parasite, or pest was found, (4) the effectiveness of current control methods, and (5) any other factors deemed necessary by the University of Nebraska to effectively control the disease, parasite, or pest.

Source:Laws 1929, c. 9, § 4, p. 78; C.S.1929, § 81-2704; R.S.1943, § 81-2,168; Laws 1957, c. 242, § 59, p. 866; Laws 1986, LB 1001, § 4; Laws 1992, LB 366, § 45; Laws 1994, LB 1071, § 6.


81-2,169. Beekeeping; infected bees or apiaries; nuisance; destruction.

Infected shipments, apiaries in which the existing disease, parasite, or pest cannot be successfully treated, apiaries which are affected by a disease, parasite, or pest amenable to treatment but which have not been treated as provided in section 81-2,168, and apiaries having bees in hives without movable frames or any colonies of bees or shipments of used bee equipment which entered this state illegally are declared to be a public nuisance and menace to the community, and the officers and employees of the department may destroy by burning or otherwise, without any remuneration to the owner, any box hives or infected bees, hives, or used bee equipment found therein.

Source:Laws 1929, c. 9, § 5, p. 78; C.S.1929, § 81-2705; R.S.1943, § 81-2,169; Laws 1965, c. 548, § 5, p. 1756; Laws 1986, LB 1001, § 5; Laws 1992, LB 366, § 46; Laws 1994, LB 1071, § 7.


81-2,170. Beekeeping; contagion or infection; duty of owner to report to department; quarantine; when; notice; effect.

(1) It shall be unlawful for any person knowingly to keep in his or her possession, without proper treatment, any colony of bees affected with any bee diseases, parasites, or pests or to expose any diseased or parasitized colony or infected hive or bee equipment so that flying bees may have access to them. Any person who knows that bees owned or controlled by him or her are affected with contagious or infectious diseases, parasites, or pests shall at once report such fact to the department stating all facts known to him or her with reference to the contagion or infection. When it has been determined that contagious or infectious diseases, parasites, or pests have been found in an apiary, such apiary may be quarantined by the department until released by the department. Whenever American foulbrood is found in the apiary, no colony, honey, or bee equipment of any kind shall be removed from the apiary unless under special written permit issued by the department. A notice shall be posted in each yard so quarantined, and written notice shall be sent to the owner or person in charge. Should any state be willing to accept bees or used bee equipment from a quarantined yard of bees in Nebraska, the department may, after all known contagious or infectious diseases, parasites, or pests have been destroyed, issue a special permit allowing bees and used bee equipment to be moved out of the state.

(2) If an exotic disease, parasite, or pest is found to have been introduced into this state, the director shall have the authority to quarantine any portion of this state until he or she can determine whether the disease, pest, or parasite has spread and may take action to eradicate or prevent the spread of the exotic disease, parasite, or pest as provided in the Nebraska Apiary Act. Beekeepers affected shall be notified in writing of the quarantine and shall also be notified in writing when the quarantine is released.

Source:Laws 1929, c. 9, § 6, p. 79; C.S.1929, § 81-2706; R.S.1943, § 81-2,170; Laws 1965, c. 548, § 6, p. 1757; Laws 1967, c. 583, § 3, p. 1966; Laws 1976, LB 722, § 1; Laws 1986, LB 1001, § 6; Laws 1992, LB 366, § 47; Laws 1994, LB 1071, § 8; Laws 2004, LB 835, § 4.    


81-2,171. Beekeeping; abandoned apiary; seized by department; notice.

Any apiary not regularly attended in accordance with good beekeeping practice and which constitutes a disease, parasite, or pest hazard to the beekeeping industry may be considered an abandoned apiary and may be seized by the department. Any diseased bee equipment may be burned and the remainder may be sold at public auction, with proceeds after the cost of the sale are deducted to be returned to the former owner or his or her estate, except that before burning any such equipment or causing the same to be sold, the department shall give the owner or person in charge thereof a written notice at least ten days prior to the date on which the property will be burned or sold. Such notice shall be given by registered or certified mail or personally served upon the owner or person in charge of such property.

Source:Laws 1929, c. 9, § 7, p. 79; C.S.1929, § 81-2707; R.S.1943, § 81-2,171; Laws 1961, c. 426, § 2, p. 1332; Laws 1965, c. 548, § 7, p. 1758; Laws 1967, c. 583, § 4, p. 1967; Laws 1976, LB 722, § 2; Laws 1979, LB 548, § 1; Laws 1986, LB 1001, § 7; Laws 1992, LB 366, § 48; Laws 1994, LB 1071, § 9; Laws 2004, LB 835, § 5.    


81-2,171.01. Repealed. Laws 1976, LB 722, § 4.

81-2,172. Repealed. Laws 2004, LB 835, § 9.

81-2,173. Beekeeping; inspection certificate; procedure.

(1) The department shall issue certificates stating that an apiary is apparently free from infectious or contagious diseases, parasites, or pests after inspecting the apiary when such apiary is apparently free from such diseases, parasites, and pests and upon payment of the certificate fee provided for in section 81-2,174. Such certificate shall also state the date of inspection and shall continue in force for one year unless revoked for cause.

(2) Any person may request an inspection for his or her apiary in order to obtain a certificate.

Source:Laws 1929, c. 9, § 9, p. 80; C.S.1929, § 81-2709; R.S.1943, § 81-2,173; Laws 1979, LB 548, § 2; Laws 1986, LB 1001, § 8; Laws 1992, LB 366, § 49; Laws 1994, LB 1071, § 11; Laws 2002, LB 436, § 26;    Laws 2004, LB 835, § 6.    


81-2,174. Beekeeping; inspection certificate; fees; State Apiary Cash Fund; created; use; investment.

Upon issuing a certificate to a beekeeper after an inspection as provided in section 81-2,173, the department shall collect a certificate fee as set forth in rules and regulations adopted and promulgated pursuant to the Nebraska Apiary Act not to exceed the following amounts: Two hundred dollars for the inspection of two hundred fifty colonies or less; two hundred fifty dollars for the inspection of two hundred fifty-one through five hundred colonies; three hundred fifty dollars for the inspection of five hundred one through one thousand colonies; and four hundred fifty dollars for the inspection of more than one thousand colonies. The certification fee shall be paid prior to the issuance of certificates by the department. All fees and any gifts, grants, or donations from any source shall be remitted to the State Treasurer for credit to the State Apiary Cash Fund which is hereby created. The fund shall be used to defray the expenses of administering the Nebraska Apiary Act. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 1929, c. 9, § 10, p. 81; C.S.1929, § 81-2710; R.S.1943, § 81-2,174; Laws 1965, c. 8, § 49, p. 118; Laws 1976, LB 722, § 3; Laws 1983, LB 617, § 27; Laws 1986, LB 1001, § 9; Laws 1994, LB 1071, § 12; Laws 1995, LB 7, § 101; Laws 2004, LB 835, § 7.    


Cross References

81-2,175. Repealed. Laws 1986, LB 1001, § 13.

81-2,176. Beekeeping; inspection certificate; unlawful use; penalty.

If it is found that any certificate issued or approved by the department (1) is being used in connection with bees, queen bees, or used bee equipment (a) which have not been inspected, (b) which are infected with any infectious or contagious disease, parasite, or pest, or (c) which are being sold or delivered without the prescribed treatment being observed or other precautionary measures prescribed by the department taken by the owner or (2) is being used by persons other than the one to whom it was issued without the permission of the department, the department may revoke or withdraw such certificate. The use of such certificate issued by the department after it has been revoked and before such revocation has been withdrawn by the department shall be unlawful and shall subject the holder thereof to the penalty prescribed for a violation of the Nebraska Apiary Act. Revocation or withdrawal of approval shall be through written notice to the holder of the certificate.

Source:Laws 1929, c. 9, § 12, p. 81; C.S.1929, § 81-2712; R.S.1943, § 81-2,176; Laws 1986, LB 1001, § 10; Laws 1992, LB 366, § 50; Laws 1994, LB 1071, § 13.


81-2,177. Repealed. Laws 1979, LB 548, § 4.

81-2,177.01. Repealed. Laws 2004, LB 835, § 9.

81-2,178. Repealed. Laws 1967, c. 583, § 7.

81-2,179. Beekeeping; director; enforcement powers; county attorney or Attorney General; duties; violations; penalty.

(1) If the director has reason to believe that any person has violated any of the provisions of the Nebraska Apiary Act or any rules and regulations adopted and promulgated under the act, an order may be entered requiring such person to appear before the director and show cause why an order should not be entered requiring such person to cease and desist from the violations charged. Such order shall set forth the alleged violations, fix the time and place of the hearing, and provide for notice to be given at least twenty days before the date of such hearing. After such hearing, if the director finds such person to be in violation, the director shall enter an order requiring such person to cease and desist from the specific acts, practices, or omissions. Such order shall be a final order. Any person aggrieved may appeal the order. The appeal shall be in accordance with the Administrative Procedure Act.

(2) The director may apply for a restraining order, a temporary or permanent injunction, or a mandatory injunction against any person violating or threatening to violate the Nebraska Apiary Act, the rules and regulations, or a final order of the director. The district court of the county where the violation is occurring or is about to occur shall have jurisdiction to grant such relief upon good cause shown. Relief may be granted notwithstanding the existence of any other remedy at law and shall be granted without bond.

(3) It shall be the duty of the Attorney General or the county attorney of the county in which any violation occurs or is about to occur when notified by the department of a violation or a threatened violation to institute appropriate proceedings either criminal, injunctive, or both without delay.

(4) Any person violating any of the provisions of the Nebraska Apiary Act shall be guilty of a Class III misdemeanor.

Source:Laws 1929, c. 9, § 15, p. 82; C.S.1929, § 81-2715; R.S.1943, § 81-2,179; Laws 1961, c. 426, § 3, p. 1334; Laws 1965, c. 548, § 8, p. 1761; Laws 1977, LB 39, § 284; Laws 1992, LB 366, § 52; Laws 1994, LB 1071, § 15.


Cross References

81-2,180. Beekeeping; liability of beekeeper for acts of agent.

Every person who by agents or representatives shall cause any act to be done in violation of the Nebraska Apiary Act shall be responsible for the acts performed by such agent or representative.

Source:Laws 1929, c. 9, § 16, p. 82; C.S.Supp.,1941, § 81-2716; R.S.1943, § 81-2,180; Laws 1992, LB 366, § 53.


81-2,181. Honey; Department of Agriculture; adopt standard; label restrictions; violation; remedy or penalty.

(1) It is the intent of the Legislature to provide for an identity standard for packaged food products labeled as honey in order to aid consumer information and to protect the integrity of the honey industry in Nebraska.

(2) The Department of Agriculture shall adopt and promulgate rules and regulations that adopt a standard for all honeys produced by honey bees. In promulgating a standard for honey, the department may utilize as a guideline available authoritative references to the composition and grades of honey. Such rules and regulations shall be effective on or before January 1, 2012.

(3) A product shall not be labeled as honey or be labeled as to imply that the product is honey unless the product meets the standard for honey adopted by the Department of Agriculture under subsection (2) of this section.

(4) A violation of subsection (3) of this section shall constitute a deceptive trade practice under the Uniform Deceptive Trade Practices Act and shall be subject to any remedies or penalties available for a violation under the act.

Source:Laws 2011, LB114, § 1.    


Cross References

81-2,182. Repealed. Laws 1981, LB 487, § 62.

81-2,183. Repealed. Laws 1981, LB 487, § 62.

81-2,184. Repealed. Laws 1981, LB 487, § 62.

81-2,185. Repealed. Laws 1981, LB 487, § 62.

81-2,186. Repealed. Laws 1981, LB 497, § 1.

81-2,187. Repealed. Laws 1981, LB 497, § 1.

81-2,188. Repealed. Laws 1981, LB 497, § 1.

81-2,189. Repealed. Laws 1981, LB 497, § 1.

81-2,190. Repealed. Laws 1981, LB 497, § 1.

81-2,191. Repealed. Laws 1981, LB 497, § 1.

81-2,192. Repealed. Laws 1981, LB 497, § 1.

81-2,193. Repealed. Laws 1981, LB 497, § 1.

81-2,194. Repealed. Laws 1981, LB 497, § 1.

81-2,195. Repealed. Laws 1981, LB 497, § 1.

81-2,196. Repealed. Laws 1981, LB 497, § 1.

81-2,197. Repealed. Laws 1981, LB 497, § 1.

81-2,198. Repealed. Laws 1959, c. 303, § 11.

81-2,199. Repealed. Laws 1959, c. 303, § 11.

81-2,200. Repealed. Laws 1959, c. 303, § 11.

81-2,201. Repealed. Laws 1959, c. 303, § 11.

81-2,202. Repealed. Laws 1959, c. 303, § 11.

81-2,203. Repealed. Laws 1959, c. 303, § 11.

81-2,204. Repealed. Laws 1959, c. 303, § 11.

81-2,205. Repealed. Laws 1959, c. 303, § 11.

81-2,206. Repealed. Laws 1959, c. 303, § 11.

81-2,207. Repealed. Laws 1959, c. 303, § 11.

81-2,208. Repealed. Laws 1959, c. 303, § 11.

81-2,209. Repealed. Laws 1959, c. 303, § 11.

81-2,210. Repealed. Laws 1959, c. 303, § 11.

81-2,211. Repealed. Laws 1969, c. 793, § 1.

81-2,212. Repealed. Laws 1969, c. 793, § 1.

81-2,213. Repealed. Laws 1969, c. 793, § 1.

81-2,214. Repealed. Laws 1969, c. 793, § 1.

81-2,215. Repealed. Laws 1969, c. 793, § 1.

81-2,216. Repealed. Laws 1969, c. 793, § 1.

81-2,217. Repealed. Laws 1980, LB 632, § 47.

81-2,218. Repealed. Laws 1980, LB 632, § 47.

81-2,219. Repealed. Laws 1980, LB 632, § 47.

81-2,220. Repealed. Laws 1980, LB 632, § 47.

81-2,221. Repealed. Laws 1980, LB 632, § 47.

81-2,222. Repealed. Laws 1980, LB 632, § 47.

81-2,223. Repealed. Laws 1980, LB 632, § 47.

81-2,224. Repealed. Laws 1980, LB 632, § 47.

81-2,225. Repealed. Laws 1980, LB 632, § 47.

81-2,226. Repealed. Laws 1980, LB 632, § 47.

81-2,227. Repealed. Laws 1980, LB 632, § 47.

81-2,228. Repealed. Laws 1980, LB 632, § 47.

81-2,229. Repealed. Laws 1980, LB 632, § 47.

81-2,230. Repealed. Laws 1980, LB 632, § 47.

81-2,231. Repealed. Laws 1980, LB 632, § 47.

81-2,232. Repealed. Laws 1980, LB 632, § 47.

81-2,233. Repealed. Laws 2016, LB921, § 1.

81-2,234. Repealed. Laws 2016, LB921, § 1.

81-2,235. Repealed. Laws 2016, LB921, § 1.

81-2,236. Director; contract and cooperate with federal government; expenditure of funds.

The Director of Agriculture may contract and cooperate with the Animal and Plant Health Inspection Service of the United States Department of Agriculture in the management and control of (1) coyotes, bobcats, foxes, and other predatory animals listed in section 23-358 in this state that are injurious to livestock, poultry, and game animals and the public health, (2) black-tailed prairie dogs and other injurious commensal and field rodents, and (3) nuisance birds or other nuisance wildlife in accordance with organized and systematic plans of the Animal and Plant Health Inspection Service of the United States Department of Agriculture for the management and control of such animals. Supervision of the program shall be by the local representative of the Animal and Plant Health Inspection Service of the United States Department of Agriculture. Expenditure of funds appropriated by the Legislature may not be made without the approval in writing by the director. The director in cooperation with the Animal and Plant Health Inspection Service of the United States Department of Agriculture may enter into agreements with other governmental agencies and with counties, associations, corporations, or individuals when such cooperation is deemed to be necessary to promote the management and control of such predatory animals, black-tailed prairie dogs and other injurious commensal and field rodents, nuisance birds, or other nuisance wildlife.

Source:Laws 1965, c. 96, § 1, p. 413; Laws 1967, c. 124, § 2, p. 399; R.S.1943, (1983), § 23-609; Laws 1987, LB 102, § 6; Laws 2012, LB473, § 11.    


Cross References

81-2,237. Animal Damage Control Cash Fund; created; investment.

There is hereby created the Animal Damage Control Cash Fund. Such fund shall be administered by the Department of Agriculture. The fund shall consist of funds received from any source to carry out the animal damage control program pursuant to section 81-2,236. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 1987, LB 102, § 7; Laws 1995, LB 7, § 102.


Cross References

81-2,238. Director; cooperation with state agencies; receipt of funds.

The Director of Agriculture may cooperate with and receive funds from other agencies or departments of the state for the purposes of section 81-2,236 and may accept from any political subdivision of the state, private association, or other source such funds, contributions, payments, gifts, or bequests as may be given or paid under contractual agreement to the department. Such funds shall be deposited in the Animal Damage Control Cash Fund.

Source:Laws 1987, LB 102, § 8.


81-2,239. Nebraska Pure Food Act; provisions included; how cited.

Sections 81-2,239 to 81-2,292 and the provisions of the Food Code and the Current Good Manufacturing Practice In Manufacturing, Packing, or Holding Human Food adopted by reference in sections 81-2,257.01 and 81-2,259, shall be known and may be cited as the Nebraska Pure Food Act.

Source:Laws 1981, LB 487, § 5; Laws 1989, LB 548, § 3; R.S.Supp.,1990, § 81-216.01; Laws 1991, LB 358, § 8; Laws 1992, LB 366, § 55; Laws 1997, LB 199, § 3; Laws 1999, LB 474, § 1;    Laws 2003, LB 250, § 3;    Laws 2004, LB 1045, § 1;    Laws 2005, LB 131, § 1;    Laws 2007, LB74, § 1;    Laws 2012, LB771, § 1;    Laws 2016, LB798, § 1;    Laws 2017, LB134, § 1.    


81-2,240. Definitions, where found.

For purposes of the Nebraska Pure Food Act, unless the context otherwise requires, the definitions found in sections 81-2,241 to 81-2,254 shall be used. In addition, the definitions found in the code and practice adopted by reference in sections 81-2,257.01 and 81-2,259 shall be used.

Source:Laws 1981, LB 487, § 6; Laws 1989, LB 548, § 4; R.S.Supp.,1990, § 81-216.02; Laws 1991, LB 358, § 9; Laws 1992, LB 366, § 56; Laws 1997, LB 199, § 4; Laws 1999, LB 474, § 2;    Laws 2004, LB 1045, § 2;    Laws 2005, LB 131, § 2;    Laws 2016, LB798, § 2;    Laws 2017, LB134, § 2.    


81-2,241. Advertising, defined.

Advertising shall mean all representations disseminated in any manner, other than labeling, intended or likely to induce the purchase or use of food, including a menu.

Source:Laws 1981, LB 487, § 15; R.S.1943, (1987), § 81-216.11; Laws 1991, LB 358, § 10.


81-2,242. Bed and breakfast establishment, defined.

Bed and breakfast establishment shall mean any place of lodging that provides rented rooms to ten or fewer people, that is the personal residence of the owner, that is occupied by the owner at the time of rental, and in which the only meal served to renters is breakfast.

Source:Laws 1989, LB 548, § 2; R.S.Supp.,1990, § 81-216.39; Laws 1991, LB 358, § 11.


81-2,242.01. Caterer, defined.

Caterer shall mean a person in the business of providing food to a customer for parties, banquets, or other similar functions at a location owned, rented, or otherwise controlled by the customer.

Source:Laws 1997, LB 199, § 5.


81-2,242.02. Commissary, defined.

Commissary shall mean a food establishment where food, food containers, or food supplies are kept, handled, prepared, packaged, or stored for use in mobile food units, pushcarts, or vending machines.

Source:Laws 1997, LB 199, § 6.


81-2,242.03. Convenience store, defined.

Convenience store shall mean a food establishment or section of an establishment where the food offered to the consumer is intended for off-premise consumption and there are no meat processing or produce processing areas.

Source:Laws 1997, LB 199, § 7.


81-2,242.04. Commercial food establishment, defined.

Commercial food establishment means an operation with a permanent sales location and such location has more than one hundred cubic feet of area containing food.

Source:Laws 2005, LB 131, § 3.    


81-2,243. Department, defined.

Department shall mean the Department of Agriculture.

Source:Laws 1981, LB 487, § 12; R.S.1943, (1987), § 81-216.08; Laws 1991, LB 358, § 12.


81-2,243.01. Egg handler, defined.

Egg handler shall mean any person who engages in any business in commerce which involves buying or selling any shell eggs or processing any shell egg products and who is not a producer with production from a flock of three thousand hens or less. Egg handler shall include persons who assemble, collect, break, process, grade, package, or wholesale shell eggs. The term does not include a person whose primary food-related business activity is not egg handling.

Source:Laws 2017, LB134, § 3.    


81-2,244. Director, defined.

Director shall mean the Director of Agriculture or his or her designated employee, representative, or authorized agent.

Source:Laws 1981, LB 487, § 13; R.S.1943, (1987), § 81-216.09; Laws 1991, LB 358, § 13.


81-2,244.01. Food Code, defined.

Food Code shall mean the 2013 Recommendations of the United States Public Health Service, Food and Drug Administration, except the definitions of adulterated food and food establishment, person in charge, regulatory authority, and sections 2-102.12, 2-102.20(B), 2-103.11(L), 2-501.11, 3-301.11(B), (C), (D), and (E), 3-501.16, 4-301.12(C)(5), (D), and (E), 4-603.16(C), 4-802.11(C), 5-104.11, 6-301.14, 8-101, 8-102, 8-201.11, 8-201.12, 8-202 through 8-304, 8-401.10(B)(2), 8-402.20 through 8-403.20, 8-403.50 through 8-404.12, and 8-405.20(B). The term Food Code does not include the annexes of such federal recommendations.

Source:Laws 1997, LB 199, § 8; Laws 1999, LB 474, § 3;    Laws 2003, LB 250, § 4;    Laws 2007, LB74, § 2;    Laws 2012, LB771, § 2;    Laws 2016, LB798, § 3.    


81-2,245. Food delivery service, defined.

Food delivery service shall mean an operation that only meets the definition of food establishment by relinquishing possession of food to a consumer through a delivery service including home delivery of grocery orders, restaurant takeout orders, or other delivery services provided by a common or contract carrier.

Source:Laws 2017, LB134, § 4.    


81-2,245.01. Food establishment, defined.

Food establishment shall mean an operation that stores, prepares, packages, serves, sells, vends, delivers, or otherwise provides food for human consumption. The term does not include:

(1) An establishment or vending machine operation that offers only prepackaged soft drinks, carbonated or noncarbonated; canned or bottled fruit and vegetable juices; prepackaged ice; candy; chewing gum; potato or corn chips; pretzels; cheese puffs and curls; crackers; popped popcorn; nuts and edible seeds; and cookies, cakes, pies, and other pastries, that are not time/temperature control for safety foods;

(2) A produce stand that only offers whole, uncut fresh fruits and vegetables;

(3) A food processing plant;

(4) A salvage operation;

(5) A private home where food is prepared or served for personal use, a small day care in the home, or a hunting lodge, guest ranch, or other operation where no more than ten paying guests eat meals in the home;

(6) A private home or other area where food that is not time/temperature control for safety food is prepared: (a) For sale or service at a religious, charitable, or fraternal organization's bake sale or similar function; or (b) for sale directly to the consumer at a farmers market if the consumer is informed by a clearly visible placard at the sale location that the food was prepared in a kitchen that is not subject to regulation and inspection by the regulatory authority;

(7) A private home or other area where food is prepared for distribution at a fundraising event for a charitable purpose if the consumer is informed by a clearly visible placard at the serving location that the food was prepared in a kitchen that is not subject to regulation and inspection by the regulatory authority. This subdivision does not apply to a caterer or other establishment providing food for the event if the caterer or establishment receives compensation for providing the food;

(8) The location where food prepared by a caterer is served so long as the caterer only minimally handles the food at the serving location;

(9) Educational institutions, health care facilities, nursing homes, and governmental organizations which are inspected by a state agency or a political subdivision other than the regulatory authority for sanitation in the food preparation areas;

(10) A pharmacy as defined in section 71-425 if the pharmacy only sells prepackaged pharmaceutical, medicinal, or health supplement foods that are not time/temperature control for safety or foods described in subdivision (1) of this section; and

(11) An establishment which is not a commercial food establishment and which sells only commercially packaged foods that are not time/temperature control for safety foods.

Source:Laws 1997, LB 199, § 9; Laws 1999, LB 474, § 4;    Laws 2003, LB 250, § 5;    Laws 2005, LB 131, § 4;    Laws 2016, LB798, § 4.    


81-2,246. Repealed. Laws 1997, LB 199, § 63.

81-2,246.01. Repealed. Laws 2016, LB798, § 14.

81-2,247. Repealed. Laws 2016, LB798, § 14.

81-2,248. Itinerant food vendor, defined.

Itinerant food vendor shall mean a person that sells prepackaged, time/temperature control for safety food from an approved source at a nonpermanent location such as a farmers market, craft show, or county fair.

Source:Laws 2007, LB74, § 3;    Laws 2016, LB798, § 5.    


81-2,249. Repealed. Laws 1997, LB 199, § 63.

81-2,250. Repealed. Laws 1997, LB 199, § 63.

81-2,251. Labeling, defined.

Labeling shall mean the display of written, printed, or graphic matter upon the immediate container of an article of food or which accompanies the article at the time of sale.

Source:Laws 1981, LB 487, § 14; R.S.1943, (1987), § 81-216.10; Laws 1991, LB 358, § 20.


81-2,251.01. Limited food vending machine, defined.

Limited food vending machine shall mean a vending machine which does not dispense time/temperature control for safety food.

Source:Laws 1999, LB 474, § 5;    Laws 2016, LB798, § 6.    


81-2,251.02. Licensed beverage establishment, defined.

Licensed beverage establishment shall mean an establishment that serves alcoholic beverages and may or may not provide limited food service.

Source:Laws 1997, LB 199, § 11.


81-2,251.03. Limited food service establishment, defined.

Limited food service establishment shall mean an establishment that serves or otherwise provides only snack items or commercially prepared and wrapped foods that require little or no preparation.

Source:Laws 1997, LB 199, § 12.


81-2,251.04. Mobile food unit, defined.

Mobile food unit shall mean a vehicle mounted food establishment designed to be readily movable that returns to a commissary daily for cleanup and service.

Source:Laws 1997, LB 199, § 13.


81-2,251.05. Person in charge, defined.

Person in charge shall mean the individual who is responsible for the operation of the food establishment and who is present at the establishment or is readily accessible to communicate with employees and the regulatory authority.

Source:Laws 1997, LB 199, § 14.


81-2,251.06. Pushcart, defined.

Pushcart shall mean a non-self-propelled vehicle limited to serving food which is not time/temperature control for safety or commissary wrapped food maintained at temperatures in compliance with the Nebraska Pure Food Act or limited to the preparation and serving of frankfurters.

Source:Laws 1999, LB 474, § 6;    Laws 2016, LB798, § 7.    


81-2,252. Regulatory authority, defined.

Regulatory authority shall mean the department or a political subdivision or state agency under contract with the department to perform regulatory functions authorized pursuant to the Nebraska Pure Food Act.

Source:Laws 1981, LB 487, § 16; R.S.1943, (1987), § 81-216.12; Laws 1991, LB 358, § 21; Laws 1999, LB 474, § 8.    


81-2,253. Repealed. Laws 1997, LB 199, § 63.

81-2,253.01. Salvage operation, defined.

Salvage operation shall mean an operation which reconditions, sells, distributes, brokers, or otherwise supplies any distressed or salvaged food.

Source:Laws 1997, LB 199, § 15.


81-2,254. Single event food vendor, defined.

Single event food vendor shall mean a temporary food establishment that operates at no more than one event per calendar year for a period of no more than two days.

Source:Laws 2004, LB 1045, § 3.    


81-2,254.01. Repealed. Laws 2016, LB798, § 14.

81-2,255. Repealed. Laws 1997, LB 199, § 63.

81-2,256. Repealed. Laws 1997, LB 199, § 63.

81-2,257. Priority items; priority foundation items; designation.

Priority items are designated in the Food Code and sections 81-2,272.10 and 81-2,272.24. Priority foundation items are designated in the Food Code.

Source:Laws 1999, LB 474, § 19;    Laws 2003, LB 250, § 6;    Laws 2007, LB74, § 4;    Laws 2012, LB771, § 3;    Laws 2016, LB798, § 8.    


81-2,257.01. Food Code; adoption.

The Legislature hereby adopts by reference the Food Code as defined in section 81-2,244.01 as a part of the Nebraska Pure Food Act.

Source:Laws 1997, LB 199, § 17.


81-2,258. Repealed. Laws 2016, LB798, § 14.

81-2,259. Current Good Manufacturing Practice In Manufacturing, Packing, or Holding Human Food; adoption.

The Legislature hereby adopts by reference the Current Good Manufacturing Practice In Manufacturing, Packing, or Holding Human Food found in 21 C.F.R. part 110 as it existed on April 1, 2015.

Source:Laws 1999, LB 474, § 7;    Laws 2012, LB771, § 4;    Laws 2016, LB798, § 9.    


81-2,260. Repealed. Laws 1997, LB 199, § 63.

81-2,261. Repealed. Laws 1997, LB 199, § 63.

81-2,262. Code and practice; where filed.

Copies of the code and practice adopted by reference pursuant to sections 81-2,257.01 and 81-2,259 shall be filed in the offices of the Secretary of State, Clerk of the Legislature, and department.

Source:Laws 1981, LB 487, § 24; R.S.1943, (1987), § 81-216.20; Laws 1991, LB 358, § 31; Laws 1997, LB 199, § 19; Laws 1999, LB 474, § 9;    Laws 2017, LB134, § 5.    


81-2,263. Inconsistencies; sections control.

If there is an inconsistency between sections 81-2,239 to 81-2,292 and any code adopted by reference, the requirements of the sections shall control.

Source:Laws 1991, LB 358, § 32; Laws 1997, LB 199, § 20; Laws 2003, LB 250, § 7;    Laws 2017, LB134, § 6.    


81-2,264. Repealed. Laws 1997, LB 199, § 63.

81-2,265. Repealed. Laws 1997, LB 199, § 63.

81-2,266. Repealed. Laws 1997, LB 199, § 63.

81-2,267. Food establishment, food processing plant, or salvage operation; construction, conversion, or remodeling; plans and specifications; requirements.

Prior to construction of, conversion to, or remodeling of a food establishment, food processing plant, or salvage operation, properly prepared plans and specifications for such construction, conversion, or remodeling shall be submitted to the regulatory authority for review and approval. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans, construction materials of work areas, type and model of proposed fixed equipment and facilities, and description of the type of food to be served or sold. The regulatory authority shall treat such plans and specifications as confidential or trade secret information and shall approve the plans and specifications if they meet the requirements of the Nebraska Pure Food Act. No food establishment, food processing plant, or salvage operation shall be constructed, converted, or remodeled except in accordance with plans and specifications approved by the regulatory authority. This section does not apply to food establishments which are temporary food establishments.

Source:Laws 1991, LB 358, § 36; Laws 1997, LB 199, § 21; Laws 2004, LB 1045, § 4.    


81-2,268. Food establishment, food processing plant, or salvage operation facilities and equipment; design and fabrication requirements.

Food establishment, food processing plant, or salvage operation facilities and equipment in use or new facilities and equipment for which contractual obligations are incurred before September 13, 1997, and which do not meet fully all the design and fabrication requirements of the Nebraska Pure Food Act shall be acceptable if they are in good repair and capable of being maintained in a sanitary condition and the food-contact surfaces are of safe materials. A food establishment, food processing plant, or salvage operation which has a change of ownership or extensive remodeling after September 13, 1997, shall comply with all applicable facility and equipment requirements of the act.

Source:Laws 1991, LB 358, § 37; Laws 1997, LB 199, § 22.


81-2,269. Repealed. Laws 1997, LB 199, § 63.

81-2,270. Food establishment, food processing plant, or salvage operation; permits; application; contents; fees; late fee; exemptions.

(1) No person shall operate: (a) A food establishment; (b) a food processing plant; or (c) a salvage operation, without a valid permit which sets forth the types of operation occurring within the establishment.

(2) Application for a permit shall be made to the director on forms prescribed and furnished by the department. Such application shall include the applicant's full name and mailing address, the names and addresses of any partners, members, or corporate officers, the name and address of the person authorized by the applicant to receive the notices and orders of the department as provided in the Nebraska Pure Food Act, whether the applicant is an individual, partnership, limited liability company, corporation, or other legal entity, the location and type of proposed establishment or operation, and the signature of the applicant. Application for a permit shall be made prior to the operation of a food establishment, food processing plant, or salvage operation. The application shall be accompanied by an initial permit fee and an initial inspection fee in the same amount as the annual inspection fee if inspections are required to be done by the department. If the food establishment, food processing plant, or salvage operation has been in operation prior to applying for a permit or notifying the regulatory authority, the applicant shall pay an additional fee of sixty dollars.

(3) Payment of the initial permit fee, the initial inspection fee, and the fee for failing to apply for a permit prior to operation shall not preclude payment of the annual inspection fees due on August 1 of each year. Except as provided in subsections (7) through (10) of this section and subsection (2) of section 81-2,281, a permitholder shall pay annual inspection fees on or before August 1 of each year regardless of when the initial permit was obtained.

(4)(a) The director shall set the initial permit fee and the annual inspection fees on or before July 1 of each fiscal year to meet the criteria in this subsection. The director may raise or lower the fees each year, but the fees shall not exceed the maximum fees listed in subdivision (4)(b) of this section. The director shall determine the fees based on estimated annual revenue and fiscal year-end cash fund balance as follows:

(i) The estimated annual revenue shall not be greater than one hundred seven percent of program cash fund appropriations allocated for the Nebraska Pure Food Act;

(ii) The estimated fiscal year-end cash fund balance shall not be greater than seventeen percent of program cash fund appropriations allocated for the act; and

(iii) All fee increases or decreases shall be equally distributed between all categories.

(b) The maximum fees are:

No Food
Additional Preparation
First Food Area,
Food Preparation Unit
Preparation Area Or
Area Annual Units
Food Initial Annual Inspection Annual
Handling Permit Inspection Fee Inspection
Activity Fee Fee (per area) Fee
Convenience Store $86.19 $86.19 $43.09 N/A
Itinerant Food Vendor $86.19 $86.19 $43.09 N/A
Licensed Beverage
Establishment $86.19 $86.19 $43.09 N/A
Limited Food Service
Establishment $86.19 $86.19 $43.09 N/A
Temporary Food
Establishment $86.19 $86.19 $43.09 N/A
Food Delivery Service $86.19 N/A N/A $17.23
Mobile Food Unit
(for each unit) $86.19 N/A N/A $43.09
Pushcart (for each unit) $86.19 N/A N/A $17.23
Vending Machine
Operations: $86.19
One to ten units N/A N/A $17.23
Eleven to twenty units N/A N/A $34.46
Twenty-one to thirty
units N/A N/A $51.69
Thirty-one to forty
units N/A N/A $68.92
Over forty units N/A N/A $86.15
Food Processing Plant $86.19 $120.64 $43.09 N/A
Salvage Operation $86.19 $120.64 $43.09 N/A
Commissary $86.19 $120.64 $43.09 N/A
All Other Food
Establishments $86.19 $120.64 $43.09 N/A

(5) If a food establishment is engaged in more than one food handling activity listed in subsection (4) of this section, the inspection fee charged shall be based upon the primary activity conducted within the food establishment as determined by the department and any fees assessed for each additional food preparation area within the primary establishment as determined by the department.

(6) If a person fails to pay the inspection fee for more than one month after the fee is due, such person shall pay a late fee equal to fifty percent of the total fee for the first month that the fee is late and one hundred percent for the second month that the fee is late. The purpose of the late fee is to cover the administrative costs associated with collecting fees. All money collected as a late fee shall be remitted to the State Treasurer for credit to the Pure Food Cash Fund.

(7) An educational institution, health care facility, nursing home, or governmental organization operating any type of food establishment, other than a mobile food unit or pushcart, is exempt from the requirements in subsections (1) through (6) of this section.

(8) A food establishment which produces eggs and only stores, packages, sells, delivers, or otherwise provides for human consumption the eggs it produces, or only stores, packages, sells, delivers, or otherwise provides for human consumption eggs produced from no more than four producers at the same time, is exempt from the requirements of subsections (1) through (6) of this section. Any food establishment with a valid egg handler license and for which all fees have been paid prior to August 24, 2017, is exempt from the permit and inspection fee requirements of the Nebraska Pure Food Act until August 1, 2018.

(9) A food establishment or food processing plant holding a permit under the Nebraska Milk Act is exempt from the requirements of subsections (1) through (6) of this section.

(10) A single event food vendor or a religious, charitable, or fraternal organization operating any type of temporary food establishment, mobile food unit, or pushcart is exempt from the requirements of subsections (1) through (6) of this section. Any such organization operating any nontemporary food establishment prior to July 1, 1985, is exempt from the requirements of subsection (2) of this section.

Source:Laws 1981, LB 487, § 25; Laws 1982, LB 547, § 15; Laws 1985, LB 460, § 9; R.S.1943, (1987), § 81-216.21; Laws 1991, LB 358, § 39; Laws 1993, LB 121, § 526; Laws 1997, LB 199, § 23; Laws 1999, LB 474, § 10;    Laws 2003, LB 250, § 8;    Laws 2004, LB 1045, § 5;    Laws 2007, LB74, § 5;    Laws 2007, LB111, § 29;    Laws 2012, LB771, § 5;    Laws 2017, LB134, § 7.    


Cross References

81-2,270.01. Eggs.

Any person who for remuneration packs and sells, offers for sale, barters, or otherwise provides eggs for human consumption shall comply with all applicable requirements set forth in rules and regulations adopted and promulgated by the department and shall establish the source of the eggs by labeling the eggs with a packer identification number assigned by the department or the United States Department of Agriculture.

Source:Laws 2017, LB134, § 8.    


81-2,271. Food establishment, food processing plant, or salvage operation; permit; posting; food delivery service; location; change of ownership or location; duties; movement authorized; mobile food unit or pushcart; copy of permit.

(1) The permit required by section 81-2,270 shall be posted in a location in the food establishment, food processing plant, or salvage operation which is conspicuous to the public. A salvage operation shall also have a copy of the permit in each vehicle. For a food delivery service, the location shall be a permanent address where the permitholder may be contacted.

(2) The permit is not transferable to any other person or location. Any permit issued lapses automatically upon a change of ownership or location except as provided in subsection (3) of this section. The permitholder shall notify the department in writing at least thirty days prior to any change in ownership, name, or address. The permitholder shall notify the department in writing before there is a change of the name or address of the person authorized to receive the notices and orders of the department. When an establishment is to be permanently closed, the permitholder shall return the permit to the department within one week after the closing.

(3) A mobile food unit, pushcart, or vending machine may be moved if the permitholder is able to provide the location of such unit, pushcart, or machine to the regulatory authority upon request and the person authorized by the permitholder to receive notices and orders of the department maintains a permanent mailing address on file with the department. A food delivery service shall upon request provide the department with information regarding the location of all conveyances it controls.

(4) Every mobile food unit or pushcart operator shall have a copy of their permit to operate available at the mobile food unit or pushcart when in operation.

Source:Laws 1991, LB 358, § 40; Laws 1997, LB 199, § 25; Laws 2012, LB771, § 6;    Laws 2017, LB134, § 9.    


81-2,272. Food establishment, food processing plant, or salvage operation; inspection; denial of permit; hearing.

Before approving an application for a permit pursuant to section 81-2,270, the regulatory authority shall inspect the food establishment, food processing plant, or salvage operation to determine whether the applicant qualifies to hold a permit pursuant to subsection (1) of section 81-2,273. An applicant found to qualify to hold a permit pursuant to such subsection shall be issued a permit. An applicant who does not receive a permit shall be afforded the opportunity of a hearing to present evidence that the applicant is qualified to hold a permit pursuant to such subsection and should be issued a permit. All such hearings shall be in accordance with the Administrative Procedure Act.

Source:Laws 1991, LB 358, § 41; Laws 1997, LB 199, § 26.


Cross References

81-2,272.01. Time/temperature control for safety food; temperature; equipment.

(1) Except during preparation, cooking, or cooling or when time is used as the public health control as specified under the Nebraska Pure Food Act and except as specified under subsection (2) of this section, time/temperature control for safety food shall be maintained:

(a) At one hundred thirty-five degrees Fahrenheit (fifty-seven degrees Celsius) or above, except that roasts cooked to a temperature and for a time specified in the Nebraska Pure Food Act or reheated as specified in the act may be held at a temperature of one hundred thirty degrees Fahrenheit (fifty-four degrees Celsius) or above; or

(b) At:

(i) Forty-one degrees Fahrenheit (five degrees Celsius) or less; or

(ii) Forty-five degrees Fahrenheit (seven degrees Celsius) or between forty-one degrees Fahrenheit (five degrees Celsius) and forty-five degrees Fahrenheit (seven degrees Celsius) in existing refrigeration equipment that is not capable of maintaining the food at forty-one degrees Fahrenheit (five degrees Celsius) or less if:

(A) The equipment is in place and in use in the food establishment; and

(B) Refrigeration equipment that is not capable of meeting a cold holding temperature of forty-one degrees Fahrenheit (five degrees Celsius) that is in use on March 8, 2012, shall, upon replacement of the equipment or at a change of ownership of the food establishment, be replaced with equipment that is capable of maintaining foods at forty-one degrees Fahrenheit (five degrees Celsius) or below.

(2) Eggs that have not been treated to destroy all viable Salmonellae shall be stored in refrigerated equipment that maintains an ambient air temperature of forty-five degrees Fahrenheit (seven degrees Celsius) or less.

(3) Time/temperature control for safety food in a homogenous liquid form may be maintained outside of the temperature control requirements, as specified under subsection (1) of this section, while contained within specially designed equipment that complies with the design and construction requirements as specified in the act.

Source:Laws 2012, LB771, § 7;    Laws 2016, LB798, § 10.    


81-2,272.02. Repealed. Laws 2012, LB 771, § 10.

81-2,272.03. Repealed. Laws 2007, LB 74, § 12.

81-2,272.04. Repealed. Laws 2007, LB 74, § 12.

81-2,272.05. Repealed. Laws 2007, LB 74, § 12.

81-2,272.06. Repealed. Laws 2007, LB 74, § 12.

81-2,272.07. Repealed. Laws 2003, LB 250, § 29.

81-2,272.08. Repealed. Laws 2003, LB 250, § 29.

81-2,272.09. Repealed. Laws 2003, LB 250, § 29.

81-2,272.10. Food employees; hand washing; food contact; restrictions.

(1) Food employees shall wash their hands as specified in the Nebraska Pure Food Act.

(2) Food employees shall be trained to wash their hands as specified in the act.

(3) Except when washing fruits and vegetables, food employees shall minimize bare hand and arm contact with exposed food. This may be accomplished with the use of suitable utensils such as deli tissues, spatulas, tongs, single-use gloves, or dispensing equipment.

(4) Food employees not serving a highly susceptible population may contact exposed, ready-to-eat food with their bare hands if they have washed their hands as specified in the act prior to handling the food.

Source:Laws 1997, LB 199, § 35; Laws 2003, LB 250, § 9;    Laws 2007, LB74, § 6.    


81-2,272.11. Repealed. Laws 2003, LB 250, § 29.

81-2,272.12. Repealed. Laws 2003, LB 250, § 29.

81-2,272.13. Repealed. Laws 2003, LB 250, § 29.

81-2,272.14. Repealed. Laws 2007, LB 74, § 12.

81-2,272.15. Repealed. Laws 2007, LB 74, § 12.

81-2,272.16. Repealed. Laws 2007, LB 74, § 12.

81-2,272.17. Repealed. Laws 2012, LB 771, § 10.

81-2,272.18. Repealed. Laws 2003, LB 250, § 29.

81-2,272.19. Repealed. Laws 2007, LB 74, § 12.

81-2,272.20. Repealed. Laws 2007, LB 74, § 12.

81-2,272.21. Repealed. Laws 2007, LB 74, § 12.

81-2,272.22. Repealed. Laws 2007, LB 74, § 12.

81-2,272.23. Repealed. Laws 2007, LB 74, § 12.

81-2,272.24. Time/temperature control for safety food; date marking; sale, consumption, or discard requirements.

In addition to the provisions of sections 3-501.17 and 3-501.18 of the Food Code which apply to food held at a temperature of forty-one degrees Fahrenheit (five degrees Celsius) or below, food held in refrigeration between forty-five degrees Fahrenheit (seven degrees Celsius) and forty-one degrees Fahrenheit (five degrees Celsius) shall meet the following requirements:

(1) Except when packaging food using a reduced oxygen packaging method as specified in section 3-502.12 of the Food Code and except as specified in section 3-501.17 of the Food Code, refrigerated, ready-to-eat, time/temperature control for safety food prepared and held in a food establishment for more than twenty-four hours shall be clearly marked to indicate the date of preparation. The food shall be sold, consumed on the premises, or discarded within four calendar days or less;

(2) Except as specified in section 3-501.17 of the Food Code, refrigerated, ready-to-eat, time/temperature control for safety food prepared and packaged by a food processing plant and held refrigerated at such food establishment, shall be clearly marked, at the time the original container is opened in a food establishment, to indicate the date the food container was opened. The food shall be sold, consumed on the premises, or discarded within four calendar days or less; and

(3) A food specified under this section shall be discarded if such food:

(a) Exceeds the temperature and time combinations specified in subdivision (1) of this section, except time that the food is frozen;

(b) Is in a container or package that does not bear a date or day;

(c) Is appropriately marked with a date or day that exceeds the temperature and time combination as specified in subdivision (1) of this section; or

(d) Is prepared in a food establishment and dispensed through a vending machine with an automatic shut-off control if it exceeds the temperature and time combination as specified in subdivision (1) of this section.

Source:Laws 1997, LB 199, § 49; Laws 1999, LB 474, § 14;    Laws 2003, LB 250, § 15;    Laws 2007, LB74, § 8;    Laws 2016, LB798, § 11.    


81-2,272.25. Repealed. Laws 2016, LB798, § 14.

81-2,272.26. Repealed. Laws 2007, LB 74, § 12.

81-2,272.27. Repealed. Laws 2016, LB798, § 14.

81-2,272.28. Repealed. Laws 2007, LB 74, § 12.

81-2,272.29. Repealed. Laws 2007, LB 74, § 12.

81-2,272.30. Repealed. Laws 2007, LB 74, § 12.

81-2,272.31. Water supply; requirements.

Except in response to a temporary interruption of a water supply in the food establishment, any food establishment which is not a food delivery service, mobile food unit, or temporary food establishment shall:

(1) Have water under pressure provided to all fixtures, equipment, and nonfood equipment that are required to use water;

(2) Receive water through the use of an approved water main;

(3) Have a permanent plumbing system; and

(4) Have at least one toilet which is permanent, convenient, and accessible.

Source:Laws 2003, LB 250, § 19;    Laws 2017, LB134, § 10.    


81-2,272.32. Food employee; fingernail requirements.

(1) Except as provided under subsection (2) of this section, a food employee shall keep his or her fingernails trimmed, filed, and maintained so the edges and surfaces are cleanable and not rough. Unless wearing intact gloves in good condition, a food employee shall not wear fingernail polish or artificial fingernails when working with exposed food.

(2) This section does not apply to a food employee such as a counter staff person who only serves beverages and wrapped or packaged foods, a host staff person, or a wait staff person if he or she presents a minimal risk of contaminating exposed food, clean equipment, utensils, and linens, and unwrapped single-service and single-use articles.

Source:Laws 2003, LB 250, § 22.    


81-2,272.33. Repealed. Laws 2007, LB 74, § 12.

81-2,272.34. Repealed. Laws 2016, LB798, § 14.

81-2,272.35. Repealed. Laws 2007, LB 74, § 12.

81-2,272.36. Repealed. Laws 2012, LB 771, § 10.

81-2,272.37. Repealed. Laws 2007, LB 74, § 12.

81-2,273. Permitholder; duties; disciplinary action; effect; hearing; reinstatement of permit.

(1) A holder of a permit issued under the Nebraska Pure Food Act shall comply with the act, the rules and regulations adopted pursuant thereto, and any order of the director issued pursuant thereto. The permitholder shall not interfere with the department in the performance of its duties.

(2) A permitholder may be put on probation requiring such person to comply with the conditions set out in an order of probation issued by the director after: (a) The director determines the permitholder has not complied with subsection (1) of this section; (b) the permitholder is given written notice to comply and written notice of the right to a hearing to show cause why an order of probation should not be issued; and (c) the director finds that issuing an order of probation is appropriate based on the hearing record or on the available information if the hearing is waived by the permitholder.

(3) A permit may be suspended after: (a) The director determines the permitholder has not complied with subsection (1) of this section; (b) the permitholder is given written notice to comply and written notice of the right to a hearing to show cause why the permit should not be suspended; and (c) the director finds that issuing an order suspending the permit is appropriate based on the hearing record or on the available information if the hearing is waived by the permitholder.

(4) A permit may be immediately suspended and the director may order the permitholder's food establishment, food processing plant, or salvage operation closed prior to hearing when: (a) The director determines an immediate danger to the public health, safety, or welfare exists in or is caused by the permitholder's food establishment, food processing plant, or salvage operation; and (b) the permitholder receives the written notice to comply and written notice of the right to a hearing to show cause why the suspension should not be sustained. Within fifteen days after the suspension, the permitholder may request, in writing, a date for a hearing and the director shall consider the interests of the permitholder when the director establishes the date and time of the hearing, except that no hearing shall be held sooner than is reasonable under the circumstances. When a permitholder does not request a hearing date within such fifteen-day period, the director shall establish a hearing date and shall notify the permitholder of the date and time of such hearing.

(5) A permit may be revoked after: (a) The director determines the permitholder has committed serious, repeated, or multiple violations of any of the requirements of subsection (1) of this section; (b) the permitholder is given written notice to comply and written notice of the right to a hearing to show cause why the permit should not be revoked; and (c) the director finds that issuing an order revoking the permit is appropriate based on the hearing record or on the available information if the hearing is waived by the permitholder.

(6) Any food establishment, food processing plant, or salvage operation for which the permit has been suspended shall close and remain closed until the permit is reinstated. Any food establishment, food processing plant, or salvage operation for which the permit has been revoked shall close and remain closed until a new permit is issued.

(7) The director may terminate proceedings to suspend or revoke a permit or to subject a permitholder to an order of probation at any time if the reasons for such proceedings no longer exist. A permit which has been suspended may be reinstated, a person with a revoked permit may be issued a new permit, or a permitholder may no longer be subject to an order of probation if the director determines the conditions which prompted the suspension, revocation, or probation no longer exist.

(8) Proceedings for suspension, revocation, or probation shall not preclude the department from pursuing other civil or criminal actions.

Source:Laws 1991, LB 358, § 42; Laws 1997, LB 199, § 55.


81-2,274. Notice or order; service; contents; hearings; procedure.

(1) Any notice or order provided for in the Nebraska Pure Food Act shall be personally served on the permitholder or on the person authorized by the permitholder to receive notices and orders of the department or shall be sent by certified mail, return receipt requested, to the last-known address of the permitholder or the person authorized to receive such notices and orders. A copy of the notice and the order shall be filed in the records of the department.

(2) A notice to comply provided for in section 81-2,273 shall set forth the acts or omissions with which the permitholder is charged.

(3) A notice of the permitholder's right to a hearing provided for in the act shall set forth the time and place of the hearing except as provided in subsection (4) of section 81-2,273. A notice of the permitholder's right to such hearing shall include notice that a permitholder's right to a hearing may be waived pursuant to subsection (5) of this section. A notice of the permitholder's right to a hearing to show cause why the permit should not be revoked shall include notice to the permitholder that the permit may be revoked or suspended, that the permitholder may be subject to an order of probation, or that the permit may be suspended and the permitholder subject to an order of probation, if the director determines such action is more appropriate. A notice of the permitholder's right to a hearing to show cause why the permit should not be suspended shall include notice to the permitholder that the permit may be suspended or that the permitholder may also be subject to an order of probation if the director determines such action is more appropriate.

(4) The hearings provided for in the act shall be conducted by the director at the time and place he or she designates. The director shall make a final finding based upon the complete hearing record and issue an order. If the director has suspended a permit pursuant to subsection (4) of section 81-2,273, the director shall sustain, modify, or rescind the order. All hearings shall be in accordance with the Administrative Procedure Act.

(5) A permitholder shall be deemed to waive the right to a hearing if such permitholder does not come to the hearing at the time and place set forth in the notice described in subsection (3) of this section without requesting the director at least two days before the designated time to change the time and place for the hearing, except that before an order of the director becomes final, the director may designate a different time and place for the hearing if the permitholder shows the director that the permitholder had a justifiable reason for not coming to the hearing and not timely requesting a change in the time and place for such hearing. If the permitholder waives the right to a hearing, the director shall make a final finding based upon the available information and issue an order. If the director has suspended a permit pursuant to subsection (4) of section 81-2,273, the director shall sustain, modify, or rescind the order.

(6) Any person aggrieved by the finding of the director shall have ten days from the entry of the director's order to request a new hearing if such person can show that a mistake of fact has been made which affected the director's determination. Any order of the director shall become final upon the expiration of ten days after its entry if no request for a new hearing is made.

Source:Laws 1991, LB 358, § 43.


Cross References

81-2,275. Food establishment, food processing plant, or salvage operation; unlawful operation.

It is unlawful for a person to operate a food establishment, food processing plant, or salvage operation in any manner which is not in conformity with the Nebraska Pure Food Act or the rules and regulations adopted and promulgated pursuant thereto or to interfere with the duties of the department or any final order of the director pursuant to such act.

Source:Laws 1991, LB 358, § 44; Laws 1997, LB 199, § 56.


81-2,276. Food establishment, food processing plant, or salvage operation regulation.

It is the responsibility of the department to regulate the operation of food establishments, food processing plants, and salvage operations in the manner set out in the Nebraska Pure Food Act.

Source:Laws 1981, LB 487, § 26; R.S.1943, (1987), § 81-216.22; Laws 1991, LB 358, § 45; Laws 1997, LB 199, § 57.


81-2,277. Food processing plants and salvage operations; compliance required.

Food processing plants and salvage operations shall comply with the federal Current Good Manufacturing Practice In Manufacturing, Packing, or Holding Human Food adopted in section 81-2,259.

Source:Laws 1999, LB 474, § 15;    Laws 2012, LB771, § 8;    Laws 2016, LB798, § 12.    


81-2,278. Repealed. Laws 1997, LB 199, § 63.

81-2,279. Repealed. Laws 1997, LB 199, § 63.

81-2,280. Repealed. Laws 1997, LB 199, § 63.

81-2,281. Department; enforce act; powers; contract for conduct of certain regulatory functions; exemption from inspection fee; inspections; how conducted; by whom.

(1) The department shall enforce the Nebraska Pure Food Act and any rule or regulation adopted and promulgated pursuant to such act. The department may:

(a) Enter at reasonable times and in a reasonable manner, without being subject to any action for trespass or damages if reasonable care is exercised, any food establishment, food processing plant, or salvage operation to inspect all food, structures, vehicles, equipment, packing materials, containers, records, and labels on such property. The department may inspect and examine all records and property relating to compliance with the Nebraska Pure Food Act. Such records and property shall be made available to the department for review at all reasonable times;

(b) In a reasonable manner, hold for inspection and take samples of any food which may not be in compliance with the Nebraska Pure Food Act;

(c) Inspect at any time or place food that is being shipped into or through the state and take any enforcement action authorized under the Nebraska Pure Food Act; and

(d) Obtain an inspection warrant in the manner prescribed in sections 29-830 to 29-835 from a court of record if any person refuses to allow the department to inspect pursuant to this subsection.

(2) In addition to its authority provided in subsection (1) of this section, the department may contract with any political subdivision or state agency it deems qualified to conduct any or all regulatory functions authorized pursuant to the act except those functions relating to the issuance, suspension, or revocation of permits or any order of probation. Holders of permits issued pursuant to the act who are regularly inspected by political subdivisions under contract with the department shall be exempt from the inspection fees prescribed in section 81-2,270 if such holders pay license or inspection fees to the political subdivision performing the inspections.

(3) It shall be the responsibility of the regulatory authority to inspect food establishments and food processing plants as often as required by the act. An inspection of a salvage operation shall be performed at least once every three hundred sixty-five days of operation. Additional inspections shall be performed as often as is necessary for the efficient and effective enforcement of the act.

(4) All inspections conducted pursuant to the act shall be performed by persons who are provisional environmental health specialists or registered environmental health specialists as defined in section 38-1305 or 38-1306.

(5) Duly authorized personnel of the regulatory authority after showing proper identification shall have access at all reasonable times to food establishments, food processing plants, or salvage operations required by the act to obtain a permit to perform authorized regulatory functions. Such functions shall include, but not be limited to, inspections, checking records maintained in the establishment or other locations to obtain information pertaining to food and supplies purchased, received, used, sold, or distributed, copying and photographing violative conditions, and examining and sampling food. When samples are taken, the inspectors shall pay or offer to pay for samples taken. The authorized personnel shall also have access to the records of salvage operations pertaining to distressed salvageable and salvaged merchandise purchased, received, used, sold, or distributed.

(6) Regulatory activities performed by a political subdivision or state agency under contract shall conform with the provisions of the act and such activities shall have the same effect as those performed by the department. Any interference with the regulatory authority's duty to inspect shall be an interference with the department's duties for the purposes of section 81-2,273.

Source:Laws 1981, LB 487, § 31; Laws 1991, LB 703, § 66; R.S.1943, (1987), § 81-216.27; Laws 1991, LB 358, § 50; Laws 1997, LB 199, § 58; Laws 1999, LB 474, § 16;    Laws 2007, LB463, § 1311;    Laws 2017, LB134, § 11.    


81-2,282. Adulteration of food; prohibited; adulteration, defined.

(1) It shall be unlawful for any person to adulterate any food or for any person to manufacture, distribute, offer for sale, or sell any adulterated food.

(2) Food shall be deemed to be adulterated if:

(a) It bears or contains any substance which may render it injurious to health, considering the quantity of such substance in or on the food;

(b) It consists in whole or in part of any diseased, contaminated, filthy, putrid, or decomposed substance or is otherwise unsafe for use as food;

(c) It has been manufactured, processed, packaged, stored, or held under insanitary conditions where it may have become unsafe for use as food;

(d) It is the product of a diseased animal or one that has died by any means other than slaughter;

(e) Its container is so constructed as to render the food unsafe or otherwise injurious to health; or

(f) Any valuable constituent of the food has been wholly or partially omitted or abstracted.

Source:Laws 1981, LB 487, § 32; R.S.1943, (1987), § 81-216.28; Laws 1991, LB 358, § 51.


81-2,283. Misbranded food; prohibited; misbranded, defined.

(1) It shall be unlawful for any person to misbrand any food or distribute, offer for sale, or sell any misbranded food.

(2) A food shall be deemed to be misbranded if:

(a) It does not bear labeling clearly stating (i) the identity of the food in terms likely to be easily and accurately understood by the consumer, (ii) the net quantity of contents of the food in terms authorized under the Weights and Measures Act, and (iii) the name and address of the manufacturer, distributor, or seller of the food; or

(b) Its labeling is false or misleading in any manner.

Source:Laws 1981, LB 487, § 33; Laws 1991, LB 356, § 3; R.S.1943, (1987), § 81-216.29; Laws 1991, LB 358, § 52.


Cross References

81-2,284. Deceptive packaging of food; prohibited; deceptively packed or packaged, defined.

(1) It shall be unlawful for any person to deceptively pack or package any food or for any person to distribute, offer for sale, or sell any food that has been deceptively packed or packaged.

(2) A food shall be deemed to be deceptively packed or packaged if:

(a) Any substance has been added to, mixed with, or packed with the food so as to increase its bulk or weight, reduce its quality or strength, or make it appear to be better or of greater value than it actually is; or

(b) Any inferiority or damage to the food has been concealed in any manner.

Source:Laws 1981, LB 487, § 34; Laws 1991, LB 356, § 4; R.S.1943, (1987), § 81-216.30; Laws 1991, LB 358, § 53; Laws 1997, LB 199, § 59.


81-2,285. False advertisement regarding food; prohibited; false advertisement, defined.

(1) It shall be unlawful for any person engaged in the sale, merchandising, or distribution of food to cause, with intent to deceive, the dissemination of a false advertisement regarding a food.

(2) An advertisement of a food shall be deemed to be false if it is false or misleading in any manner, including the following:

(a) The advertising of food as that of another;

(b) The advertising of food in a manner causing the likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of such food;

(c) The advertising of food in a manner causing the likelihood of confusion or misunderstanding as to affiliation, connection, or association with or certification by another;

(d) The advertisement of food by use of deceptive representations or deceptive designation of geographic origin in connection with such food;

(e) The advertisement of food by way of representations that the food has sponsorship, approval, characteristics, ingredients, benefits, uses, or qualities that it does not have or that a person or company has a sponsorship, approval status, affiliation, or connection that he, she, or it does not have;

(f) The advertisement of food by way of a representation that the food is of a particular standard, quality, or grade when it is not;

(g) The advertisement of food by disparaging the food of another by false or misleading representations of fact;

(h) The advertisement of food with an intent not to sell it as advertised or an intent to sell an alternative food in substitution for the advertised food;

(i) The advertisement of food with the intent not to supply a reasonably expectable public demand unless the advertisement imposes a limitation of quantity; or

(j) The advertisement of food by making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions.

Source:Laws 1981, LB 487, § 35; Laws 1982, LB 547, § 16; R.S.1943, (1987), § 81-216.31; Laws 1991, LB 358, § 54.


81-2,286. Regulatory authority; determination of violations; use of federal regulations; when.

In determining whether food is being manufactured, processed, transported, distributed, offered for sale, or sold in violation of the adulteration, misbranding, deceptive packaging, or false advertising provisions of sections 81-2,282 to 81-2,285 or any other requirement of the Nebraska Pure Food Act which affects such food, the regulatory authority may utilize the appropriate definitions, standards, tolerances, standards of identity, standards of quality, or standards of fill of containers set out in the duly promulgated federal regulations applicable to food and food products if the regulatory authority finds that such federal regulations will adequately protect against the adulteration, misbranding, deceptive packaging, and false advertising of foods.

Source:Laws 1981, LB 487, § 36; R.S.1943, (1987), § 81-216.32; Laws 1991, LB 358, § 55.


81-2,287. Regulatory authority; enforcement; issue stop-sale, stop-use, removal orders; procedure.

If a regulatory authority finds that food is being manufactured, processed, distributed, offered for sale, or sold in violation of the adulteration, misbranding, deceptive packaging, or false advertising provisions of sections 81-2,282 to 81-2,285 or any other requirement of the Nebraska Pure Food Act which affects such food, such regulatory authority may issue and enforce a written or printed stop-sale, stop-use, or removal order to the person in charge of such food if the issuance of such an order is necessary for the protection of the public health, safety, or welfare. No food subject to any such order shall be used, sold, or moved without permission from the regulatory authority. Such an order shall specifically describe the nature of the violation found and the precise actions needed to be taken to bring the food into compliance with the applicable provisions of the act. Such order shall clearly advise the person in charge of the food that he or she may request an immediate hearing before the director or his or her designee on the matter. No such order may direct the involuntary and immediate disposal or destruction of any food until the person in charge of such food has been afforded an opportunity to be heard on the matter and an opportunity to appeal any order of the director or his or her designee from such a hearing in accordance with the Administrative Procedure Act. The regulatory authority may issue a stop-sale, stop-use, or removal order against articles of food that are perishable, even if the practical result of such an order is to bring about the involuntary disposal of such food, when, in the opinion of the person issuing the order, no alternative course of action would sufficiently protect the public health, safety, or welfare under the circumstances.

Source:Laws 1981, LB 487, § 37; Laws 1988, LB 352, § 165; R.S.Supp.,1990, § 81-216.33; Laws 1991, LB 358, § 56.


Cross References

81-2,288. Department; adopt rules and regulations; contracts with federal agencies authorized; exemptions from act.

(1) The department may adopt and promulgate rules and regulations to aid in the administration and enforcement of the Nebraska Pure Food Act.

(2) The department may adopt and promulgate rules and regulations to provide for source labeling on eggs which are packaged. The department may establish standards, grades, and weight classes for eggs.

(3) The department may contract with agencies of the federal government for the performance by the department of inspections and other regulatory functions at food establishments, food processing plants, or salvage operations within the state which are subject to federal jurisdiction and may receive federal funds for work performed under such contracts.

(4) Except as provided in subsection (3) of this section, the provisions of the act shall not apply to establishments or specific portions of establishments regularly inspected for proper sanitation by an agency of the federal government.

Source:Laws 1981, LB 487, § 38; R.S.1943, (1987), § 81-216.34; Laws 1991, LB 358, § 57; Laws 1997, LB 199, § 60; Laws 2017, LB134, § 12.    


81-2,288.01. Regulatory authority; inspection reporting requirements.

(1) The regulatory authority shall document on an inspection report form:

(a) Administrative information about the food establishment's legal identity, street and mailing addresses, type of establishment and operation, inspection date, status of the permit, and personnel certificates that may be required;

(b) Specific factual observations of violative conditions, omissions, or other deviations from the requirements of the Nebraska Pure Food Act that require correction by the permitholder; and

(c) Whether the violations listed are critical or repeated.

(2) The regulatory authority shall specify on the inspection report form the timeframe for correction of the violations as specified in the Nebraska Pure Food Act.

(3) All procedures and requirements related to the inspection of food establishments in the act apply to food processing plants and salvage operations.

(4) The completed inspection report form is a public document that shall be made available for public disclosure to any person who requests it according to law.

Source:Laws 1997, LB 199, § 61; Laws 1999, LB 474, § 17.    


81-2,288.02. Regulatory authority; inspection intervals.

The regulatory authority may increase the interval between inspections beyond six months if the food establishment is assigned a less frequent inspection frequency based on a written risk-based inspection schedule that is being uniformly applied throughout the jurisdiction.

Source:Laws 1999, LB 474, § 18.    


81-2,289. Restraining orders and injunctions; department; county attorney; duties.

(1) The department may apply for a restraining order or a temporary or permanent injunction against any person violating or threatening to violate the Nebraska Pure Food Act, the rules and regulations adopted pursuant to the act, or a final order of the director. The district court of the county where the violation is occurring or is about to occur shall have jurisdiction to grant such relief upon good cause shown. Relief may be granted notwithstanding the existence of any other remedy at law and shall be granted without bond.

(2) It shall be the duty of the county attorney of the county in which any violation of the act occurs or is about to occur, when notified of such violation or threatened violation by the department, to cause appropriate proceedings under subsection (1) of this section to be instituted and pursued in the district court without delay.

Source:Laws 1981, LB 487, § 39; R.S.1943, (1987), § 81-216.35; Laws 1991, LB 358, § 58.


81-2,290. Violations; penalty; county attorney; duties.

(1) Any person violating any provision of the Nebraska Pure Food Act, the rules and regulations adopted pursuant to the act, or a final order of the director shall be guilty of a Class IV misdemeanor notwithstanding the existence of any other remedy at law.

(2) It shall be the duty of the county attorney of the county in which any violation of the Nebraska Pure Food Act occurs or is about to occur, when notified of such violation by the department, to cause appropriate proceedings under subsection (1) of this section to be instituted and pursued in a court of competent jurisdiction.

Source:Laws 1981, LB 487, § 40; R.S.1943, (1987), § 81-216.36; Laws 1991, LB 358, § 59.


81-2,291. Pure Food Cash Fund; created; use; investment.

All fees paid to the department in accordance with the Nebraska Pure Food Act shall be remitted to the State Treasurer. The State Treasurer shall credit the fees to the Pure Food Cash Fund, which fund is hereby created. All money credited to such fund shall be appropriated to the uses of the department to aid in defraying the expenses of administering the act, except that transfers may be made from the fund to the General Fund at the direction of the Legislature.

Any money in the Pure Food Cash Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 1981, LB 487, § 41; R.S.1943, (1987), § 81-216.37; Laws 1991, LB 358, § 60; Laws 1994, LB 1066, § 98; Laws 2009, First Spec. Sess., LB3, § 64.    


Cross References

81-2,292. Bed and breakfast establishments; exempt from act.

The Nebraska Pure Food Act shall not apply to bed and breakfast establishments.

Source:Laws 1989, LB 548, § 1; R.S.Supp.,1990, § 81-216.38; Laws 1991, LB 358, § 61.


81-2,293. Laboratory testing services; system of billing; Agricultural Laboratory Testing Services Cash Fund; created; use; investment.

(1) The Department of Agriculture may contract with the following entities to perform laboratory testing services for such entities: Any agency, board, commission, or political subdivision of this or another state, another state, the federal government, or an association which includes members that are governmental entities. Laboratory testing services authorized by this section shall not be performed beyond the scope of the Department of Agriculture's statutory authority and shall be limited to one or more of the following: (a) Acts of terrorism, natural disaster, or other public health or agricultural emergency; (b) testing performed in accordance with intergovernmental agreements for laboratory testing services; and (c) testing performed in connection with validation studies for analytical techniques and methods developed by entities whose function is establishing or approving official laboratory analytical standards. Every department contract to perform laboratory testing services shall include provisions clearly stating that the State of Nebraska shall not be liable to any party to the contract or to any third person for negligence of the department in analyzing samples or in publishing testing findings that result in injury to persons or damage to property.

(2) The department shall develop an equitable system of billing and charges for the laboratory testing services. Such charges shall reflect, as nearly as practicable, the actual costs incurred in performing the services.

(3) The Agricultural Laboratory Testing Services Cash Fund is created. All gifts and grants relating to this section from any source, including federal, state, public, or private sources, and charges collected for laboratory testing services shall be remitted to the State Treasurer for credit to the fund. The department shall use the fund to carry out this section. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 2005, LB 51, § 2.    


Cross References

81-2,294. Conditional use permit or special exception application; department; develop assessment matrix; criteria; committee; advise department; use.

(1) The Director of Agriculture shall appoint a committee of experts, not to exceed ten persons, to advise the Department of Agriculture on the development of the assessment matrix described in subsection (2) of this section. Experts shall include representation from county board members, county zoning administrators, livestock production agriculture, the University of Nebraska, and other experts as may be determined by the director. The committee shall review the matrix annually and recommend to the department changes as needed.

(2) The Department of Agriculture shall, in consultation with the committee created under subsection (1) of this section, develop an assessment matrix which may be used by county officials to determine whether to approve or disapprove a conditional use permit or special exception application. The matrix shall be developed within one year after August 30, 2015. In the development of the assessment matrix, the department shall:

(a) Consider matrices already developed by the counties and other states;

(b) Design the matrix to produce quantifiable results based on the scoring of objective criteria according to an established value scale. Each criterion shall be assigned points corresponding to the value scale. The matrix shall consider risks and factors mitigating risks if the livestock operation were constructed according to the application;

(c) Assure the matrix is a practical tool for use by persons when completing permit applications and by county officials when scoring conditional use permit or special exception applications. To every extent feasible, the matrix shall include criteria that may be readily scored according to ascertainable data and upon which reasonable persons familiar with the location of a proposed construction site would not ordinarily disagree; and

(d) Provide for definite point selections for all criteria included in the matrix and provide for a minimum threshold total score required to receive approval by county officials.

(3) The Department of Agriculture may develop criteria in the matrix which include factors referencing the following:

(a) Size of operation;

(b) Type of operation;

(c) Whether the operation has received or is in the process of applying for a permit from the Department of Environmental Quality, if required by law;

(d) Environmental practices adopted by the operation operator which may exceed those required by the Department of Environmental Quality;

(e) Odor control practices;

(f) Consideration of proximity of a livestock operation to neighboring residences, public use areas, and critical public areas;

(g) Community support and communication with neighbors and other community members;

(h) Manure storage and land application sites and practices;

(i) Traffic;

(j) Economic impact to the community; and

(k) Landscape and aesthetic appearance.

(4) In developing the matrix, the Department of Agriculture shall consider whether the proposed criteria are:

(a) Protective of public health or safety;

(b) Practical and workable;

(c) Cost effective;

(d) Objective;

(e) Based on available scientific information that has been subjected to peer review;

(f) Designed to promote the growth and viability of animal agriculture in this state;

(g) Designed to balance the economic viability of farm operations with protecting natural resources and other community interests; and

(h) Usable by county officials.

Source:Laws 2015, LB106, § 1.    


81-301. Department of Banking and Finance; general powers.

The Governor, through the agency of the Director of Banking and Finance, is vested with the power to regulate, supervise, and shall have general control over trade and commerce of the state and in addition to such general powers herein conferred, he is vested with the power and charged with the duty of enforcing, through the agency of the director, all of the provisions of Chapter 8. The Department of Banking and Finance shall collect, collate, assort, systematize and report statistical details of the manufacturing industries and commerce of the state, and shall acquire information and report upon the general conditions so far as production is concerned of the leading industries of the state.

Source:Laws 1919, c. 190, tit. V, art. I, § 1, p. 572; C.S.1922, § 7742; C.S.1929, § 81-3401; R.S.1943, § 81-301; Laws 1969, c. 778, § 3, p. 2951; Laws 1976, LB 561, § 6.


Annotations

81-302. Department of Banking and Finance Settlement Cash Fund; created; use; investment.

The Department of Banking and Finance Settlement Cash Fund is created. The fund shall be administered by the Department of Banking and Finance. The fund shall consist of money received by the state in settlements resulting from regulatory or judicial resolution of financial, securities, or consumer issues in which the department is designated as a recipient and any investment income earned on the fund. The Department of Administrative Services may for accounting purposes create subfunds of the fund to segregate awards or allocations received pursuant to different orders or settlements. The fund may be used by the Department of Banking and Finance for any allowable legal purposes as determined by the Director of Banking and Finance. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 2013, LB199, § 14.    


Cross References

81-401. Department of Labor; general powers.

The Governor, through the agency of the Department of Labor created by section 81-101, shall have power:

(1) To foster, promote, and develop the welfare of wage earners;

(2) To improve working conditions;

(3) To advance opportunities for profitable employment;

(4) To collect, collate, assort, systematize, and report statistical details relating to all departments of labor, especially in its relation to commercial, industrial, social, economic, and educational conditions and to the permanent prosperity of the manufacturing and productive industries;

(5) To acquire and distribute useful information on subjects connected with labor in the most general and comprehensive sense of the word;

(6) To acquire and distribute useful information concerning the means of promoting the material, social, intellectual, and moral prosperity of laboring men and women;

(7) To acquire and distribute information as to the conditions of employment and such other facts as may be deemed of value to the industrial interests of the state;

(8) To acquire and distribute information in relation to the prevention of accidents, occupational diseases, and other related subjects;

(9) To acquire and distribute useful information regarding the role of the part-time labor force and the manner in which such labor force affects the economy and citizens of the state; and

(10) To administer and enforce all of the provisions of the Boiler Inspection Act, the Employment Security Law, the Farm Labor Contractors Act, the Nebraska Amusement Ride Act, and the Wage and Hour Act and Chapter 48, articles 2, 3, 4, and 5, and for that purpose there is imposed upon the Commissioner of Labor the duty of executing all of the provisions of such acts, law, and articles.

Source:Laws 1919, c. 190, tit. IV, art. I, § 1, p. 545; C.S.1922, § 7654; C.S.1929, § 81-2901; Laws 1935, c. 57, § 37, p. 207; C.S.Supp.,1941, § 81-2901; R.S.1943, § 81-401; Laws 1993, LB 334, § 1; Laws 2001, LB 193, § 13;    Laws 2015, LB334, § 1.    


Cross References

Annotations

81-402. Repealed. Laws 2017, LB172, § 89.

81-403. Department of Labor; educational opportunities for youth; identify resources.

The Department of Labor shall review current programs, policies, and funding sources to identify available resources that may provide educational opportunities for youth. Such opportunities shall include training and job experience in the repair and alteration of public buildings as may be necessary to comply with the requirements of the federal Americans with Disabilities Act of 1990.

Source:Laws 1994, LB 988, § 44.


81-404. Transferred to section 48-2213.

81-405. Mechanical Safety Inspection Fund; created; use; investment.

The Mechanical Safety Inspection Fund is created. All fees collected by the Department of Labor pursuant to the Nebraska Amusement Ride Act and the Conveyance Safety Act shall be remitted to the State Treasurer for credit to the Mechanical Safety Inspection Fund. Fees so collected shall be used for administering the provisions of the Nebraska Amusement Ride Act and the Conveyance Safety Act. Any money in the Mechanical Safety Inspection 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. Money in the Mechanical Safety Inspection Fund may be transferred to the General Fund at the direction of the Legislature.

The State Treasurer shall transfer one hundred fifty thousand dollars from the Mechanical Safety Inspection Fund to the General Fund on or before June 15, 2018, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services.

Source:Laws 2007, LB265, § 24;    Laws 2017, LB331, § 46.    


Cross References

81-406. Contractor and Professional Employer Organization Registration Cash Fund; created; use; investment.

The Contractor and Professional Employer Organization Registration Cash Fund is created. The fund shall be administered by the Department of Labor and shall consist of fees collected by the department pursuant to the Farm Labor Contractors Act, the Contractor Registration Act, and the Professional Employer Organization Registration Act and such sums as are appropriated to the fund by the Legislature. The fund shall be used for enforcing and administering the Farm Labor Contractors Act, the Contractor Registration Act, the Employee Classification Act, and the Professional Employer Organization Registration Act. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. Money in the Contractor and Professional Employer Organization Registration Cash Fund may be transferred to the General Fund at the direction of the Legislature.

The State Treasurer shall transfer one million seven hundred thousand dollars from the Contractor and Professional Employer Organization Registration Cash Fund to the General Fund on or before June 15, 2018, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services.

Source:Laws 2016, LB270, § 1;    Laws 2017, LB331, § 47.    


Cross References

81-501. Transferred to section 44-101.01.

81-501.01. State Fire Marshal; powers and duties; appointment; confirmation by Legislature; removal.

The Governor shall, with the advice and consent of the Legislature, appoint a State Fire Marshal who shall, under the general direction and supervision of the Governor, perform the duties and exercise the powers and have the rights and privileges conferred by sections 81-501.01 to 81-531 and 81-5,151 to 81-5,157. He or she may be removed from office at the pleasure of the Governor.

Source:Laws 1925, c. 183, § 1, p. 479; C.S.1929, § 81-5501; R.S.1943, § 81-501; Laws 1974, LB 622, § 1; Laws 1993, LB 348, § 78.


81-502. State Fire Marshal; fire prevention and safety; duties; delegation of authority to local fire prevention personnel.

(1) It shall be the duty of the State Fire Marshal, under authority of the Governor:

(a) To enforce all laws of the state relating to the suppression of arson and investigation of the cause, origin, and circumstances of fires;

(b) To promote safety and reduce loss by fire; and

(c) To make an investigation for fire safety of the premises and facilities of:

(i) Liquor establishments for which a license or renewal of a license is sought, upon request of the Nebraska Liquor Control Commission, pursuant to section 53-119.01;

(ii) Licensed foster care facilities or applicants for licenses for foster care facilities, upon request by the Department of Health and Human Services, pursuant to section 71-1903;

(iii) Upon request of the Department of Health and Human Services, licensed providers of programs or applicants for licenses to provide such programs pursuant to section 71-1913 and licensed residential child-caring agencies or applicants for such licensure pursuant to section 71-1934. The State Fire Marshal shall report the results of the investigation to the department within thirty days after receipt of the request from the department;

(iv) Licensed hospitals, skilled nursing facilities, intermediate care facilities, or other health care facilities which are licensed under the Health Care Facility Licensure Act or applicants for licenses for such facilities or institutions, upon request by the Department of Health and Human Services, pursuant to section 71-441; and

(v) Mobile home parks for which a license or renewal of a license is sought, upon request of the Department of Health and Human Services, pursuant to section 71-4635.

(2) The State Fire Marshal may enter into contracts with private individuals or other agencies, boards, commissions, or governmental bodies for the purpose of carrying out his or her duties and responsibilities pursuant to the Arson Reporting Immunity Act, the Nebraska Natural Gas Pipeline Safety Act of 1969, and sections 81-502 to 81-538, 81-5,132 to 81-5,146, and 81-5,151 to 81-5,157.

(3) The State Fire Marshal may delegate the authority set forth in this section and section 81-503.01 to qualified local fire prevention personnel. The State Fire Marshal may overrule a decision, act, or policy of the local fire prevention personnel. When the State Fire Marshal overrules the local personnel, such local personnel may follow the appeals procedure established by sections 81-502.01 to 81-502.03. Such delegation of authority may be revoked by the State Fire Marshal for cause upon thirty days' notice after a hearing.

(4) The State Fire Marshal, first assistant fire marshal, and deputies shall have such other powers and perform such other duties as are set forth in sections 81-501.01 to 81-531 and 81-5,151 to 81-5,157 and as may be conferred and imposed by law.

Source:Laws 1925, c. 183, § 2, p. 479; C.S.1929, § 81-5502; R.S.1943, § 81-502; Laws 1947, c. 313, § 1, p. 949; Laws 1967, c. 446, § 3, p. 1389; Laws 1969, c. 794, § 1, p. 3000; Laws 1972, LB 782, § 1; Laws 1973, LB 180, § 1; Laws 1976, LB 986, § 3; Laws 1981, LB 266, § 2; Laws 1982, LB 792, § 1; Laws 1983, LB 498, § 5; Laws 1984, LB 130, § 15; Laws 1985, LB 253, § 9; Laws 1986, LB 217, § 12; Laws 1987, LB 459, § 6; Laws 1989, LB 215, § 18; Laws 1993, LB 251, § 4; Laws 1993, LB 348, § 79; Laws 1993, LB 377, § 7; Laws 1995, LB 401, § 44; Laws 1996, LB 1044, § 837; Laws 1997, LB 307, § 215; Laws 1999, LB 594, § 70;    Laws 2000, LB 819, § 153;    Laws 2007, LB296, § 728;    Laws 2013, LB265, § 47;    Laws 2018, LB889, § 1.    
Effective Date: July 19, 2018


Cross References

Annotations

81-502.01. Nebraska Fire Safety Appeals Board; members; appointment; qualifications; term.

For the purposes of assisting the State Fire Marshal in matters pertaining to the performance of his or her duties, there is hereby established the Nebraska Fire Safety Appeals Board. Such board shall consist of the following members: (1) A representative of the fire insurance industry with experience in fire prevention inspections, (2) an architect licensed in this state, (3) a member of a board of education of a public school district, (4) a fire protection engineer, (5) a member of the inspection division of a paid fire department in this state, (6) an active member of a volunteer fire department in this state, (7) two representatives of the Department of Health and Human Services, and (8) a representative of the Nebraska Association of Hospitals and Health Systems. The members shall be appointed by the Governor and shall serve for a term of four years.

Source:Laws 1971, LB 570, § 1; Laws 1977, LB 485, § 1; Laws 1996, LB 1044, § 838; Laws 1997, LB 622, § 116; Laws 2007, LB296, § 729.    


81-502.02. Nebraska Fire Safety Appeals Board; duties; expenses; meetings.

The board shall select from among its members a chairperson and adopt and promulgate rules and regulations to govern its procedures. Any vacancy occurring in the board shall be filled in the manner in which original appointments are made. No person shall receive any compensation for services rendered as a member of the board. Each member of the board shall be reimbursed for his or her actual and necessary expenses as provided in sections 81-1174 to 81-1177 for state employees. The board shall meet at such times as the business of the board requires and at such places as may be established by its chairperson. When requested to do so by the State Fire Marshal, it shall be the duty of the board to make a study of the specific problems, questions, or appeals presented to the board. No member of the board shall sit in hearing upon any question in which such member or any corporation of which he or she is a shareholder or employee is a party.

Source:Laws 1971, LB 570, § 2; Laws 1977, LB 485, § 2; Laws 1981, LB 204, § 169; Laws 1988, LB 893, § 5.


81-502.03. Nebraska Fire Safety Appeals Board; disagreement; hearing; notice; decision; written report prior to order; exception.

In case of disagreement concerning the propriety of any action taken or proposed to be taken by the State Fire Marshal or the application of any statute, rule, or regulation of his or her office with respect to any establishment or installation, the State Fire Marshal may, and upon application of any party in interest, shall provide for a hearing before the Nebraska Fire Safety Appeals Board in the county of the establishment or installation which is the subject of the disagreement. At least ten days' written notice shall be given to the governing body responsible for the establishment or installation involved and to any public official having jurisdiction. The board shall make a decision based upon the evidence brought forth in the hearing and issue its order accordingly. Prior to ordering any political or governmental subdivision of the State of Nebraska to make any modification in the design or construction of any public building or any modification in the location, installation, or operation of any existing equipment in any public building or to replace such equipment, the State Fire Marshal, his or her first assistant, or one of his or her deputies shall personally appear at a regular meeting of the governing board of such subdivision and present a written report stating the condition of such building or equipment and the reason why such building should be modified or such equipment should be modified or replaced, and a copy of such report shall be attached to the order. Nothing in this section shall prevent the State Fire Marshal from ordering necessary repairs, and nothing in sections 81-502.01 to 81-502.03 shall prevent the State Fire Marshal, when actual and immediate danger to life exists, from ordering and requiring the occupants to vacate a building or structure subject to his or her jurisdiction.

Source:Laws 1971, LB 570, § 3; Laws 1977, LB 485, § 3; Laws 1988, LB 893, § 6.


81-502.04. Rules and regulations; enforcement; procedure.

The enforcement of rules and regulations adopted and promulgated by the State Fire Marshal under sections 81-502 and 81-503.01 shall be as follows:

(1) Any order of the State Fire Marshal under the authority granted to him or her by section 81-502 shall be in writing addressed to the owner or person in charge of the premises affected by such order;

(2) If the affected party or organization does not comply with the final order, the State Fire Marshal shall apply to the district court of the county in which the premises are located to obtain court enforcement of the order. The county attorney of the county in which the action is brought shall represent the State Fire Marshal and the action shall be brought in the name of the State of Nebraska and be tried the same as any action in equity; and

(3) If the affected party or organization feels that the order of the State Fire Marshal is not necessary for the safety and welfare of the persons using or to use the premises regarding which the order is made, the party or organization may appeal such order, and the appeal shall be in accordance with the Administrative Procedure Act.

Source:Laws 1973, LB 180, § 2; Laws 1988, LB 893, § 7; Laws 1988, LB 352, § 167; Laws 2018, LB889, § 2.    
Effective Date: July 19, 2018


Cross References

81-503. State Fire Marshal; first assistant; appointment; other employees; duties; uniforms.

(1) The State Fire Marshal may appoint a first assistant fire marshal and such deputies, inspectors, and other persons as in his or her discretion may be necessary to carry into effect sections 81-501.01 to 81-531 and 81-5,151 to 81-5,157, the Nebraska Natural Gas Pipeline Safety Act of 1969, the Petroleum Products and Hazardous Substances Storage and Handling Act, and any other statutory duties imposed upon the State Fire Marshal. He or she may also, at his or her pleasure, remove such first assistant and any of such deputies as he or she may deem advisable. The deputies and inspectors shall perform such duties and have and enjoy all the rights, privileges, and immunities granted by law. The State Fire Marshal may also employ such clerical assistants, office employees, and other persons as he or she may deem advisable and necessary to carry such duties into effect.

(2) The State Fire Marshal, the first assistant fire marshal, each deputy, and each inspector shall wear full uniform when performing statutory duties. The State Fire Marshal shall determine the type of clothing, in relation to the duty being performed, necessary to meet the full uniform requirement.

Source:Laws 1925, c. 183, § 3, p. 480; C.S.1929, § 81-5503; R.S.1943, § 81-503; Laws 1947, c. 314, § 1, p. 951; Laws 1953, c. 330, § 1, p. 1088; Laws 1957, c. 375, § 1, p. 1315; Laws 1969, c. 763, § 10, p. 2891; Laws 1983, LB 498, § 6; Laws 1988, LB 893, § 8; Laws 1993, LB 348, § 80.


Cross References

81-503.01. State Fire Code; State Fire Marshal; duties; contents; enforcement; plans; review; late penalty.

(1) The State Fire Marshal shall adopt and promulgate rules and regulations constituting a State Fire Code. At a minimum, the State Fire Code shall cover:

(a) The prevention of fires;

(b) The storage, sale, and use of flammable liquids, combustibles, and fireworks;

(c) Electrical wiring and heating, protection equipment devices, materials, furnishings, and other safeguards within structures necessary to promote safety and reduce loss by fire;

(d) The means and adequacy of exits, in case of fire, in assembly, educational, institutional, residential, mercantile, office, storage, and industrial-type occupancies as such structures are defined in the State Fire Code;

(e) All other buildings, structures, and enclosures in which numbers of persons congregate from time to time for any purpose, whether privately or publicly owned;

(f) Design, construction, location, installation, and operation of equipment for storing, handling, and utilization of liquefied petroleum gases, specifying the odorization of such gases and the degree thereof;

(g) Chemicals, prozylin plastics, X-ray nitrocellulose films, or any other hazardous material that may now or hereafter exist;

(h) Tanks used for the storage of regulated substances pursuant to the Petroleum Products and Hazardous Substances Storage and Handling Act; and

(i) Accessibility standards and specifications adopted pursuant to section 81-5,147.

(2) Not later than July 1, 2019, the rules and regulations adopted and promulgated as part of the State Fire Code shall conform generally to the standards recommended by the National Fire Protection Association, Pamphlet Number 1, known as the Fire Code, 2012 edition, the National Fire Protection Association, Pamphlet Number 101, known as the Life Safety Code, 2012 edition, and associated pamphlets, but not when doing so would impose an unduly severe or costly burden without substantially contributing to the safety of persons or property.

(3) The State Fire Marshal shall enforce the State Fire Code through inspections, code compliance, and orders. Plans for compliance with the State Fire Code shall be reviewed by the State Fire Marshal. Plans submitted after remodeling or construction has begun shall be accompanied by a penalty of fifty dollars in addition to the plan review fee set out in subdivision (4)(a) of section 81-505.01.

(4) Rules and regulations adopted and promulgated as part of the State Fire Code shall apply to sites or structures in public ownership listed on the National Register of Historic Places but without destroying the historic quality thereof.

Source:Laws 2018, LB889, § 3.    
Effective Date: July 19, 2018


Cross References

81-504. State Fire Marshal; legal counsel; appointment by Attorney General; compensation.

The Attorney General may appoint a special attorney to assist and advise the State Fire Marshal. The attorney appointed for this purpose shall at all times be under the supervision of the Attorney General, who shall fix his or her compensation, which shall be paid wholly out of the State Fire Marshal Cash Fund.

Source:Laws 1925, c. 183, § 4, p. 480; C.S.1929, § 81-5504; R.S.1943, § 81-504; Laws 2004, LB 1091, § 12.    


81-505. First assistant and deputies; duties.

The duties of the first assistant and the deputies shall be to operate under the direction of and to assist the State Fire Marshal in the execution of sections 81-501.01 to 81-531 and 81-5,151 to 81-5,157, the Nebraska Natural Gas Pipeline Safety Act of 1969, the Petroleum Products and Hazardous Substances Storage and Handling Act, and any other statutory duties imposed upon the State Fire Marshal. In the event of a vacancy in the office of State Fire Marshal and until a successor is appointed or during the absence or disability of that officer, the first assistant fire marshal, with the assent and approval of the Governor, shall assume the duties of that office.

Source:Laws 1925, c. 183, § 5, p. 480; C.S.1929, § 81-5505; R.S.1943, § 81-505; Laws 1969, c. 763, § 11, p. 2892; Laws 1988, LB 893, § 9; Laws 1993, LB 251, § 5; Laws 1993, LB 348, § 81.


Cross References

81-505.01. State Fire Marshal; establish and assess fees; procedures.

(1) The State Fire Marshal shall establish and assess fees not to exceed the actual costs for the performance of services by the State Fire Marshal or by qualified local fire prevention personnel to whom the State Fire Marshal has delegated authority to perform such services. Prior to establishing or altering such fees, the State Fire Marshal shall hold a public hearing on the question of the adoption of or change in fees. Notice of such hearing shall be given at least thirty days prior thereto (a) by publication in a newspaper having general circulation in the state and (b) by notifying in writing the head of any agency or department having jurisdiction over facilities that would be subject to the fees. Fees for services performed by the State Fire Marshal shall be paid to the State Fire Marshal and shall be remitted to the State Treasurer for credit to the State Fire Marshal Cash Fund. Fees for services performed by local fire prevention personnel shall be paid directly to the office of the local fire prevention personnel.

(2) The fee for inspection for fire safety of any premises or facility pursuant to section 81-502 shall be not less than twenty-five nor more than one hundred fifty dollars and shall be paid by the licensee or applicant for a license. The fee for inspection for fire safety of the same premises or facility made within twelve months after the last prior inspection shall be not less than twenty-five nor more than one hundred fifty dollars and shall be paid by the licensee or applicant for a license. The fees for inspection for fire safety of foster family homes as defined in section 71-1901 may be paid by the Department of Health and Human Services.

(3) The fee for providing investigation reports to insurance companies shall not exceed three dollars for each report provided. The State Fire Marshal may charge an amount not to exceed the actual cost of preparation for any other approved information release.

(4)(a) Except as provided in subdivision (b) of this subsection, the fee for reviewing plans, blueprints, and shop drawings to determine compliance with rules and regulations adopted and promulgated pursuant to section 81-502 shall be assessed according to the following schedule:

TOTAL VALUE OF PROPOSED
STRUCTURE OR IMPROVEMENT FEE
$1 - $5,000 $5.00
$5,001 - $25,000 $5.00 for the first $5,000.00 plus
$2.00 for each additional $5,000.00
or fraction thereof.
$25,001 - $50,000 $15.00 for the first $25,000.00 plus
$2.00 for each additional $5,000.00
or fraction thereof.
$50,001 - $100,000 $25.00 for the first $50,000.00 plus
$1.00 for each additional $5,000.00
or fraction thereof.
$100,001 - $200,000 $35.00 for the first $100,000.00 plus
$1.00 for each additional $10,000.00
or fraction thereof.
$200,001 or more $50.00 for the first $200,000.00 plus
$1.00 for each additional $10,000.00
or fraction thereof, except that the
total fee shall not exceed $500.00.

(b) The fees set out in subdivision (a) of this subsection shall not be assessed or collected by any political subdivision to which the State Fire Marshal has delegated the authority to conduct such review and which reviews plans, blueprints, or shop drawings to determine compliance with such political subdivision's own fire safety regulations. Nothing in this subdivision shall be construed to prohibit such political subdivision from assessing or collecting a fee set by its governing board for such review.

(c) An additional fee equal to fifty percent of the fee charged pursuant to subdivision (a) of this subsection shall be assessed for reviewing plans, blueprints, and shop drawings to determine compliance with the accessibility standards and specifications adopted pursuant to section 81-5,147, except that the additional fee assessed pursuant to this subdivision shall not exceed two hundred fifty dollars.

Source:Laws 1983, LB 498, § 7; Laws 1986, LB 471, § 1; Laws 1988, LB 893, § 10; Laws 1988, LB 930, § 3; Laws 1993, LB 251, § 6; Laws 1993, LB 377, § 8; Laws 1996, LB 1044, § 839; Laws 1997, LB 307, § 216; Laws 2013, LB265, § 48.    


81-506. Fires; investigation by city or county authorities; reports to State Fire Marshal required.

The chief of the fire department of every city or village in which a fire department is established, the mayor of every incorporated city in which no fire department exists, the town clerk of every organized township, or the county commissioner in every commissioner district in counties not under township organization without the limits of any organized city or village shall investigate or cause to be investigated the cause, origin, and circumstances of every fire occurring in such city, village, township, or commissioner district by which property has been destroyed or damaged. All fires of unknown origin shall be reported, and such officers shall especially make investigation and report as to whether such fire was the result of carelessness, accident, or design. Such investigation shall begin immediately after the occurrence of such fire, and the State Fire Marshal shall have the right to supervise and direct such investigation whenever he or she deems it expedient or necessary. The officer making the investigation of fires occurring in cities, villages, townships, or commissioner districts shall forthwith notify the State Fire Marshal and shall, within one week of the occurrence of the fire, furnish him or her written statement of all the facts relating to the cause and origin of the fire and such further information as he or she may call for.

Source:Laws 1925, c. 183, § 6, p. 480; C.S.1929, § 81-5506; R.S.1943, § 81-506; Laws 1988, LB 893, § 11.


81-507. State Fire Marshal; records and statistics on fires required.

The State Fire Marshal shall keep in his office a record by alphabetical index, name of town, and by county and precinct in all unincorporated territory, of all the fires occurring in the state, together with all facts, statistics and circumstances, including the cause and origin of the fires, which may be determined by the investigation provided by section 81-506. Such reports and statistics shall be at all times open to public inspection.

Source:Laws 1925, c. 183, § 6, p. 480; C.S.1929, § 81-5506; R.S.1943, § 81-507.


81-508. State Fire Marshal; arson; investigations; evidence.

The State Fire Marshal shall, when in his opinion further investigation is necessary, take or cause to be taken the testimony on oath of all persons supposed to be cognizant of any facts or to have any means of knowledge in relation to the matter as to which an examination is herein required to be made, and shall cause the same to be reduced to writing. If he shall be of the opinion that there is evidence sufficient to charge any person with the crime of arson, he shall file complaint with the county attorney, who shall cause such person to be arrested and charged with such offense. The fire marshal shall furnish to the proper prosecuting attorney all such evidence, together with a copy of all names of all witnesses and all the information obtained by him, including a copy of all pertinent and material testimony taken in the case; and shall keep a record of the proceedings and progress made in all such prosecutions for arson and the result of all cases finally disposed of.

Source:Laws 1925, c. 183, § 7, p. 481; C.S.1929, § 81-5507; R.S.1943, § 81-508.


Annotations

81-509. State Fire Marshal; investigations; witnesses; subpoena; oath; perjury; contempt.

(1) The State Fire Marshal, first assistant fire marshal, and deputies shall each have the power in any county of the State of Nebraska to summon and compel the attendance of witnesses before them, or any of them, to testify in relation to any matter which is by the provisions of sections 81-501.01 to 81-531 a subject of inquiry and investigation, and may require the production of any book, paper, or document deemed pertinent thereto by them or any of them. Such summons shall be served in the same manner and have the same effect as subpoenas from district courts. All witnesses shall receive the same compensation as is paid to witnesses in district courts, with mileage to be computed at the rate provided in section 81-1176 for state employees, which shall be paid out of the State Fire Marshal Cash Fund upon vouchers signed by the State Fire Marshal, first assistant fire marshal, or deputy before whom any witnesses shall have attended. Such officer shall, at the close of the investigation wherein such witness was subpoenaed, certify to the attendance and mileage of such witness and file such certificate in the office of the State Fire Marshal. All investigations held by or under the direction of the State Fire Marshal or his or her subordinates may be private, and persons other than those required to be present may be excluded from the place where such investigation is held. Witnesses may be kept separate and apart from each other and not allowed to communicate with each other until they have been examined.

(2) The State Fire Marshal, first assistant fire marshal, and deputies are each authorized and empowered to administer oaths and affirmations to any persons appearing as witnesses before them, and false swearing in any manner or proceeding aforesaid shall be deemed perjury and shall be punished as such upon conviction in any court of competent jurisdiction.

(3) Any witness (a) who refuses to be sworn, (b) who refuses to testify, (c) who disobeys any lawful order of the State Fire Marshal, first assistant fire marshal, or deputy in relation to any investigation, (d) who fails or refuses to produce any paper, book, or document touching any matter under examination, or (e) who commits any contemptuous conduct after being summoned to appear before the State Fire Marshal, first assistant, or deputy to give testimony in relation to any matter or subject under examination or investigation as aforesaid shall be subject to conviction for contempt and, upon conviction of such contempt before any court of competent jurisdiction, shall be punished as provided by law for contempt of the orders of a district court, except that no person shall be compelled to give testimony which might tend to incriminate him or her or to give testimony which is considered privileged by the laws of the State of Nebraska.

Source:Laws 1925, c. 183, § 8, p. 482; C.S.1929, § 81-5508; R.S.1943, § 81-509; Laws 1981, LB 204, § 170; Laws 1981, LB 205, § 2; Laws 1988, LB 893, § 12; Laws 2004, LB 1091, § 13.    


81-510. State Fire Marshal; investigations; witnesses; disobedience of subpoena or contumacy; penalty.

Disobedience of any subpoena in such proceedings, or contumacy of a witness, may, upon application of the State Fire Marshal to the district court of the county in which the offense was committed, be punished by the district court in the same manner as if the proceedings were pending in such court.

Source:Laws 1925, c. 183, § 9, p. 483; C.S.1929, § 81-5509; R.S.1943, § 81-510.


81-511. Buildings; entry and inspection by State Fire Marshal; when authorized.

In the performance of the duties imposed by the provisions of sections 81-501.01 to 81-531, the State Fire Marshal and any of his subordinates, may, at all times of the day and night, enter upon and examine any building or premises where a fire is in progress or has occurred, and other buildings and premises adjoining or near thereto.

Source:Laws 1925, c. 183, § 10, p. 483; C.S.1929, § 81-5510; R.S.1943, § 81-511.


81-512. Buildings; entry and inspection; when authorized.

The State Fire Marshal, his or her first assistant, deputies, and subordinates, the chief of the fire department of each city or village where a fire department is established, the mayor of a city, the chairperson of the board of trustees of a village where no fire department exists, or the clerk of a township or the county commissioner of a commissioner district in territory without the limits of a city or village, at all reasonable hours, may enter into all buildings and upon all premises within his or her jurisdiction for the purposes of examination, in harmony with sections 81-501.01 to 81-531, the Nebraska Natural Gas Pipeline Safety Act of 1969, the Petroleum Products and Hazardous Substances Storage and Handling Act, and any other statutory duties imposed upon the State Fire Marshal.

Source:Laws 1925, c. 183, § 11, p. 483; C.S.1929, § 81-5511; R.S.1943, § 81-512; Laws 1993, LB 251, § 7.


Cross References

81-513. Repealed. Laws 2017, LB371, § 3.

81-514. Repealed. Laws 2017, LB371, § 3.

81-515. Repealed. Laws 2017, LB371, § 3.

81-516. Repealed. Laws 2017, LB371, § 3.

81-517. Repealed. Laws 2017, LB371, § 3.

81-518. Repealed. Laws 2017, LB371, § 3.

81-519. Repealed. Laws 2017, LB371, § 3.

81-520. Buildings; fire hazards; abatement; penalty.

The State Fire Marshal or any deputy or inspector who finds in any building or upon or beneath any premises any combustibles or explosive material, rubbish, rags, waste, oil, gasoline, or inflammable matter of any kind endangering the safety of such building or property or the occupants thereof or the occupants of adjoining buildings shall order such materials removed or such dangerous condition abated within a specified time. Such order shall be in writing and directed generally to the owner, lessee, agent, or occupant of such building or premises, and any such owner, lessee, agent, or occupant upon whom such order shall be served who fails to comply with such order within the time prescribed in the order shall be guilty of a Class V misdemeanor. Such material may be removed or dangerous condition abated at the expense of the owner of such building and premises or the person upon whom such service is so made, or both, and the State Fire Marshal may maintain all necessary actions for the recovery thereof.

Source:Laws 1925, c. 183, § 19, p. 487; C.S.1929, § 81-5519; R.S.1943, § 81-520; Laws 1988, LB 893, § 15; Laws 1993, LB 251, § 9.


81-520.01. Statewide open burning ban; waiver; permit; fee.

(1) There shall be a statewide open burning ban on all bonfires, outdoor rubbish fires, and fires for the purpose of clearing land.

(2) The fire chief of a local fire department may waive an open burning ban under subsection (1) of this section for an area under the local fire department's jurisdiction by issuing an open burning permit to a person requesting permission to conduct open burning. The permit issued by the fire chief to a person desiring to conduct open burning shall be in writing, signed by the fire chief, and on a form prescribed by the State Fire Marshal. The State Fire Marshal shall provide local fire departments with such forms.

(3) The fire chief of a local fire department may waive the open burning ban in the local fire department's jurisdiction when conditions are acceptable to the chief. Anyone intending to burn in such jurisdiction when the open burning ban has been waived shall notify the fire chief of his or her intention to burn prior to starting the burn.

(4) The fire chief of a local fire department may adopt standards listing the conditions acceptable for issuing a permit to conduct open burning under subsection (2) of this section.

(5) The local fire department may charge a fee, not to exceed ten dollars, for each such permit issued. This fee shall be remitted to the governing body for inclusion in the general funds allocated to the fire department. Such funds shall not reduce the tax requirements for the fire department. No such fee shall be collected from any state or political subdivision to which such a permit is issued to conduct open burning under subsection (2) of this section in the course of such state's or political subdivision's official duties.

Source:Laws 1980, LB 810, § 2; Laws 1982, LB 790, § 1; Laws 1994, LB 408, § 1; Laws 2011, LB248, § 1.    


Annotations

81-520.02. Open burning ban; range-management burning; violations; penalty.

Any person violating the statewide open burning ban established by section 81-520.01 or violating sections 81-520.03 to 81-520.05 shall be guilty of a Class IV misdemeanor.

Source:Laws 1980, LB 810, § 3; Laws 1989, LB 19, § 1; Laws 1994, LB 408, § 2.


81-520.03. Land-management burning, defined; fire chief of local fire department; designate member of department.

(1) For purposes of sections 81-520.01 to 81-520.05, the fire chief of a local fire department may designate a member of the local fire department to share the powers and duties of the fire chief under such sections, except adopting standards pursuant to subsection (4) of section 81-520.01.

(2) For purposes of sections 81-520.04 and 81-520.05, land-management burning means the controlled application of fire to existing vegetative matter on land utilized for grazing, pasture, forests, or grassland to control weeds, pests, insects, and disease, prevent wildland fires, manage watersheds, care for windbreaks, and conduct scientific research.

Source:Laws 1994, LB 408, § 3; Laws 2011, LB248, § 2.    


81-520.04. Land-management burning; permit; issuance; when.

The fire chief of a local fire department may waive an open burning ban under subsection (1) of section 81-520.01 by issuing a permit for land-management burning only if the land-management burning is to be conducted in accordance with section 81-520.05.

Source:Laws 1994, LB 408, § 4; Laws 2011, LB248, § 3.    


81-520.05. Land-management burning; application for permit; plan; contents; fire chief; duties.

(1) A landowner, tenant, or other landowner's agent of the land where land-management burning is proposed shall file an application for a permit and a plan for conducting such burning. The plan shall include:

(a) The name of the landowner of the land on which land-management burning is to occur;

(b) The name of the person who will supervise the land-management burning if such person is different than the landowner;

(c) The land-management objective to be accomplished;

(d) A map showing the areas to be burned, including natural and manmade firebreaks;

(e) Procedures to be used to confine the fire in boundary areas without preexisting firebreaks;

(f) A list of equipment that will be on hand;

(g) The types and conditions of the vegetative matter to be burned on the land and in adjacent areas;

(h) Identification of roads and habitations that may be affected by smoke;

(i) A description of weather conditions believed to be required to safely and successfully conduct the land-management burning, including wind speed and direction, temperature, and relative humidity; and

(j) Such other information as may be prescribed by the fire chief of a local fire department.

(2) The fire chief of a local fire department shall evaluate each plan to determine its compliance with subsection (1) of this section. If a plan fails to comply with all provisions of such subsection, a permit for land-management burning shall not be issued.

(3) The fire chief of a local fire department shall issue a permit for land-management burning if (a) the plan complies with subsection (1) of this section and (b) the fire chief determines that land-management burning conducted in accordance with the plan would be conducted with due regard for the safety of people and property outside the burning areas. No permit shall be valid for more than thirty days.

Source:Laws 1994, LB 408, § 5; Laws 2011, LB248, § 4.    


81-521. Fire insurance companies; reports to State Fire Marshal required; copies mailed to fire department of certain cities.

Every fire insurance company authorized to transact business in this state is required to report to the State Fire Marshal, through the secretary or other officer of the company designated by the board of directors for that purpose, all fire losses on property insured in any such company, giving the date of fire, the amount of probable loss, the character of property destroyed or damaged, and the supposed cause of the fire, together with the amount of insurance carried by such company. Such report shall be mailed to the State Fire Marshal within thirty days after notice of loss is received by such company. Each company is also required to report the amount of loss adjusted on each fire to the State Fire Marshal within thirty days after adjustment is made. Such report shall be in addition to any, and not in lieu of any, report or reports such companies may be required to make by any law of this state to the Director of Insurance; Provided, that in the case of a fire of suspicious origin a preliminary report shall be made immediately through some officer of the insurance company showing the name of the assured, the date of fire, location, occupancy, and such facts and circumstances as shall come to his knowledge, tending to establish the cause or origin of the fire; and provided further, that copies of the reports required by this section concerning any city of the metropolitan, primary, or first class shall be mailed by the insurance company concerned to the fire department of such city.

Source:Laws 1925, c. 183, § 20, p. 487; C.S.1929, § 81-5520; R.S.1943, § 81-521; Laws 1965, c. 550, § 1, p. 1799.


81-522. Fires; failure of city or county authorities to investigate and report; penalty.

Any officer referred to in section 81-506 who neglects to comply with any of the requirements of sections 81-501.01 to 81-531 shall be guilty of a Class V misdemeanor.

Source:Laws 1925, c. 183, § 21, p. 488; C.S.1929, § 81-5521; R.S.1943, § 81-522; Laws 1977, LB 39, § 289.


81-523. State Fire Marshal; office; support and maintenance; tax on fire insurance companies; rate.

(1) For the purpose of maintaining the office of the State Fire Marshal and such other fire prevention activities as the Governor may direct, every foreign and alien insurance company including nonresident attorneys for subscribers to reciprocal insurance exchanges shall, on or before March 1, pay a tax to the Director of Insurance of three-fourths of one percent of the gross direct writing premiums and assessments received by each of such companies during the preceding calendar year for fire insurance business done in this state.

(2) For the purpose set forth in subsection (1) of this section, every domestic insurance company including resident attorneys for subscribers to reciprocal insurance exchanges shall, on or before March 1, pay a tax to the Director of Insurance of three-eighths of one percent of the gross direct writing premiums and assessments received by each of such companies during the preceding calendar year for fire insurance business done in this state.

(3) The term fire insurance business, as used in subsections (1), (2), and (4) of this section, shall include, but not be limited to, premiums of policies on fire risks on automobiles, whether written under floater form or otherwise.

(4) Return premiums on fire insurance business, subject to the fire insurance tax, in accordance with subsections (1) and (2) of this section, may be deducted from the gross direct writing premiums for the purpose of the tax calculations provided for by subsections (1) and (2) of this section. In the case of mutual companies and assessment associations, the dividends paid or credited to policyholders or members in this state shall be construed to be return premiums.

(5) Any tax collected pursuant to subsections (1) and (2) of this section shall be remitted to the State Treasurer for credit to the General Fund.

Source:Laws 1925, c. 183, § 22, p. 488; C.S.1929, § 81-5522; Laws 1933, c. 82, § 1, p. 330; C.S.Supp.,1941, § 81-5522; R.S.1943, § 81-523; Laws 1949, c. 281, § 1, p. 977; Laws 1953, c. 332, § 1, p. 1091; Laws 1957, c. 376, § 1, p. 1316; Laws 1979, LB 212, § 1; Laws 2003, LB 408, § 4;    Laws 2004, LB 1091, § 14;    Laws 2007, LB322, § 24.    


Annotations

81-524. State Fire Marshal; office; salaries; expenses; payment.

The State Fire Marshal shall keep on file in his office an itemized statement of all salaries and expenses incurred by his office, and shall approve all vouchers issued therefor, before they are submitted to the Director of Administrative Services for payment, which shall be allowed and paid in the same manner as other claims against the state.

Source:Laws 1925, c. 183, § 23, p. 489; C.S.1929, § 81-5523; R.S.1943, § 81-524.


81-525. State Fire Marshal; records public; exceptions.

All records on file in the State Fire Marshal's office shall be public, except any testimony, correspondence, or other matter taken in an investigation or an inspection by, or in a report to, the State Fire Marshal under the provisions of the Nebraska Natural Gas Pipeline Safety Act of 1969 and sections 81-501.01 to 81-531 and 81-5,151 to 81-5,157 which he or she in his or her discretion may withhold from the public.

Source:Laws 1925, c. 183, § 24, p. 489; C.S.1929, § 81-5524; R.S.1943, § 81-525; Laws 1969, c. 763, § 12, p. 2892; Laws 1993, LB 348, § 82.


Cross References

81-526. State Fire Marshal; investigations; duty of county attorney to act.

The county attorney of any county, upon request of the State Fire Marshal, or his or her deputies or assistants, shall (1) assist such officers in the investigation of any fire which, in their opinion, is of suspicious origin and (2) act as attorney for such officers in all court proceedings in connection with the enforcement of the Petroleum Products and Hazardous Substances Storage and Handling Act when, in the exercise of a reasonable discretion, the county attorney shall determine that the evidence is sufficient to justify the bringing of such court proceedings.

Source:Laws 1925, c. 183, § 25, p. 489; C.S.1929, § 81-5525; R.S.1943, § 81-526; Laws 1945, c. 228, § 1, p. 675; Laws 1986, LB 217, § 13; Laws 2017, LB371, § 1.    


Cross References

81-527. State Fire Marshal; schools; exits; fire drills.

It shall be the duty of the State Fire Marshal and his or her deputies and assistants to require teachers of public and private schools and educational institutions to conduct regular fire drills in accordance with such rules and regulations as he or she may adopt and promulgate and to keep all doors and exits unlocked during school hours.

Source:Laws 1925, c. 183, § 26, p. 489; C.S.1929, § 81-5526; R.S.1943, § 81-527; Laws 1988, LB 893, § 16.


Cross References

81-528. State Fire Marshal Cash Fund; created; use; investment.

(1) The State Fire Marshal Cash Fund is created. Money collected pursuant to subsections (2) and (3) of this section shall be remitted to the State Treasurer for credit to the fund. The fund shall be used to pay for costs incurred in the general operations program of the State Fire Marshal's office, except that transfers may be made from the fund to the General Fund at the direction of the Legislature. The State Fire Marshal Cash Fund shall be administered by the State Fire Marshal. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

(2) All money received from inspection contracts, penalties, fees, or forfeitures, except fines collected under sections 81-501.01 to 81-531 and 81-5,151 to 81-5,157, shall be remitted to the State Treasurer for credit to the fund.

(3) All fees assessed pursuant to section 81-505.01 for services performed by the State Fire Marshal's office shall be remitted to the State Treasurer for credit to the fund.

Source:Laws 1925, c. 183, § 27, p. 489; C.S.1929, § 81-5527; R.S.1943, § 81-528; Laws 1969, c. 584, § 97, p. 2407; Laws 1973, LB 120, § 1; Laws 1983, LB 498, § 8; Laws 1993, LB 348, § 83; Laws 1994, LB 1066, § 99; Laws 2004, LB 1091, § 15;    Laws 2009, First Spec. Sess., LB3, § 65.    


Cross References

81-529. Sections, how construed.

It is declared that sections 81-501.01 to 81-531 and 81-5,151 to 81-5,157 are in nature necessary for the public safety, health, peace, and welfare and shall be liberally construed.

Source:Laws 1925, c. 183, § 28, p. 490; C.S.1929, § 81-5528; R.S.1943, § 81-529; Laws 1993, LB 348, § 84.


81-530. Repealed. Laws 1981, LB 545, § 52.

81-531. Fire chiefs; local officers; fire reports; compensation; mileage.

(1) There shall be paid to the chiefs of fire departments and mayors of cities who do not receive to exceed fifty dollars annually as compensation for their services as such chiefs or mayors, to chairpersons of the village boards, to the township clerks of every organized township, and to county commissioners in counties not under township organization, who are required by section 81-506 to report fires to the State Fire Marshal, the sum of one dollar for each fire reported to the satisfaction of the State Fire Marshal, and, in addition thereto, mileage at the rate allowed by the provisions of section 81-1176 for each mile traveled from the officers' domicile to and from the place of fire when such mileage is compulsory to investigate the cause of fire by county commissioners or sheriffs but not by fire chiefs. This allowance shall be paid by the State Fire Marshal at the close of each fiscal year out of any funds provided for the use of the office of the State Fire Marshal.

(2) All chiefs of fire departments who receive a stated salary and devote their entire time to the duties of their respective fire departments, and those mayors of cities who receive a stated salary exceeding fifty dollars as such officers, shall be precluded from receiving any extra allowance for the report mentioned in subsection (1) of this section.

Source:Laws 1925, c. 183, § 30, p. 490; C.S.1929, § 81-5530; Laws 1933, c. 96, § 16, p. 396; C.S.Supp.,1941, § 81-5530; R.S.1943, § 81-531; Laws 1957, c. 70, § 9, p. 301; Laws 1996, LB 1011, § 34.


81-532. Repealed. Laws 1985, LB 40, § 2.

81-533. Repealed. Laws 1985, LB 40, § 2.

81-534. Hotels and apartments more than fifty-five feet in height; standpipes; specifications.

Every hotel building, rooming house or apartment house, exceeding fifty-five feet and not over one hundred feet in height, unless already provided with a three-inch or larger standpipe on the outside, shall be provided with a vertical standpipe of not less than four inches in diameter. For every hotel, rooming house or apartment house building exceeding one hundred feet in height, unless already provided with a four-inch or larger standpipe, there shall be provided a vertical standpipe not less than six inches in diameter. Such standpipes shall be of wrought iron or steel and, together with fittings and connections, shall be of such strength as to safely withstand at least three hundred pounds of water pressure to the square inch when installed and ready for service. Such standpipes shall have one hose valve on the roof and a hose valve at each floor opening, with double Siamese automatic valves at the bottom, about one foot above the curb level and adjusted looking down at an angle of forty-five degrees. All valve openings shall be of brass protected by a substantial brass cap, and all fittings and threads shall be of the size and form to fit regulation fire department hose. Such standpipes shall, where possible, be attached to the fire escape with iron ladder, for use of firemen, running the full height of the building and over the roof, and all hose connections shall be toward the building. This section shall not apply in cities or villages not equipped with waterworks and firefighting equipment suitable for using vertical standpipe.

Source:Laws 1919, c. 190, tit. V, art. XXI, § 10, p. 747; C.S.1922, § 8154; C.S.1929, § 81-5533; R.S.1943, § 81-534.


81-535. Repealed. Laws 1985, LB 40, § 2.

81-536. Repealed. Laws 1985, LB 40, § 2.

81-537. Repealed. Laws 1985, LB 40, § 2.

81-538. Violations; penalty.

Anyone violating any of the provisions of sections 81-501.01 to 81-534, for which no other specific penalty is provided, shall be deemed guilty of a Class V misdemeanor, and each day's noncompliance shall constitute a separate offense.

Source:Laws 1919, c. 190, tit. V, art. XXI, § 14, p. 749; C.S.1922, § 8158; C.S.1929, § 81-5537; R.S.1943, § 81-538; Laws 1947, c. 313, § 2, p. 950; Laws 1977, LB 39, § 290; Laws 1980, LB 810, § 1; Laws 1985, LB 40, § 1.


81-539. Repealed. Laws 1988, LB 893, § 18.

81-540. Repealed. Laws 1988, LB 893, § 18.

81-541. Repealed. Laws 1988, LB 893, § 18.

81-541.01. Repealed. Laws 2018, LB889, § 5.

81-542. Terms, defined.

For purposes of the Nebraska Natural Gas Pipeline Safety Act of 1969, unless the context otherwise requires:

(1) The Natural Gas Pipeline Safety Act of 1968 of the United States shall mean Public Law 90-481, 82 Stat. 720, 90th Congress, S. 1166, enacted August 12, 1968;

(2) State Fire Marshal shall mean the officer appointed pursuant to section 81-501.01;

(3) Person shall mean any individual, firm, joint venture, partnership, limited liability company, corporation, association, municipality, cooperative association, or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof;

(4) Gas shall mean natural gas, flammable gas, or gas which is toxic or corrosive and which is transported in a gaseous form and not in a liquid form;

(5) Transportation of gas shall mean the gathering, transmission, or distribution of gas by pipeline or its storage, except that it shall not include any such transportation of gas which is subject to the jurisdiction of the Federal Power Commission under the Natural Gas Act of the United States or the Interstate Commerce Commission under the Interstate Commerce Act or the gathering of gas in those rural locations which lie outside the limits of any incorporated or unincorporated city, village, or any other designated residential or commercial area such as a subdivision, a business or shopping center, a community development, or any similar populated area which the State Fire Marshal may define as a nonrural area; and

(6) Pipeline facilities shall include, without limitation, new and existing pipe rights-of-way and any equipment facility or building used in the transportation of gas or the treatment of gas during the course of transportation but rights-of-way as used in the Nebraska Natural Gas Pipeline Safety Act of 1969 does not authorize the State Fire Marshal to prescribe the location or routing of any pipeline facility. Pipeline facilities shall not include any facilities subject to the jurisdiction of the Federal Power Commission under the Natural Gas Act of the United States or the Interstate Commerce Commission under the Interstate Commerce Act.

Source:Laws 1969, c. 763, § 1, p. 2884; Laws 1993, LB 121, § 527.


81-543. State Fire Marshal; safety standards for transportation of gas and operation of pipeline facilities; adopt waiver of compliance; conditions.

(1) After June 12, 1969, and from time to time thereafter, and pursuant to the Administrative Procedure Act, the State Fire Marshal shall, by order, establish minimum safety standards for the transportation of gas and pipeline facilities. Such standards may apply to the design, installation, inspection, testing, construction, extension, operation, replacement and maintenance of pipeline facilities. Standards affecting the design, installation, construction, initial inspection, and initial testing shall not be applicable to pipeline facilities in existence on the date such standards are adopted. Such safety standards shall be practicable and designed to meet the need for pipeline safety. In prescribing such standards, the State Fire Marshal shall consider:

(a) Relevant available pipeline safety data;

(b) Whether such standards are appropriate for the particular type of pipeline transportation;

(c) The reasonableness of any proposed standards;

(d) The extent to which any such standards will contribute to public safety; and

(e) The existing standards established by the United States Secretary of Transportation pursuant to the Natural Gas Pipeline Safety Act of 1968 of the United States and the Interstate Commerce Act.

(2) Any standards prescribed under this section, and amendments thereto, shall become effective thirty days after the date of issuance of such standards unless the State Fire Marshal, for good cause recited, determines an earlier or later effective date is required as the result of the period reasonably necessary for compliance.

(3) The State Fire Marshal shall afford interested persons an opportunity to participate fully in the establishment of such safety standards through submission of written data, views, or arguments with opportunity to present oral testimony and argument.

(4) Whenever the State Fire Marshal shall find a particular facility to be hazardous to life or property he shall be empowered to require the person operating such facility to take such steps necessary to remove such hazards.

(5) Upon application by any person engaged in the transportation of gas or the operation of pipeline facilities, the State Fire Marshal may, after notice and opportunity for hearing and under such terms and conditions and to such extent as he deems appropriate, waive in whole or in part compliance with any standards established under sections 81-503, 81-505, 81-525, and 81-542 to 81-552, if he determines that a waiver of compliance with such standard is not inconsistent with gas pipeline safety. The State Fire Marshal shall state his reasons for any such waiver.

Source:Laws 1969, c. 763, § 2, p. 2886.


Cross References

81-544. State Fire Marshal; certifications and reports to the United States Secretary of Transportation.

The State Fire Marshal is authorized to make such certifications and reports to the United States Secretary of Transportation as may be required from time to time under the Natural Gas Pipeline Safety Act of 1968 of the United States.

Source:Laws 1969, c. 763, § 3, p. 2887.


81-545. Transportation of gas; operation of pipeline facilities; safety standards; requirements.

(1) Each person who engages in the transportation of gas or who owns or operates pipeline facilities shall (a) at all times after the date any applicable safety standard established under sections 81-503, 81-505, 81-525, and 81-542 to 81-552 takes effect comply with the requirements of such standard; (b) file and comply with a plan of inspection and maintenance required by section 81-548; and (c) permit access to or copying of records, and make reports or provide information, and permit entry or inspection, as required under section 81-549.

(2) Nothing in sections 81-503, 81-505, 81-525, and 81-542 to 81-552 shall affect the common-law or statutory tort liability of any person.

Source:Laws 1969, c. 763, § 4, p. 2887.


81-546. Transportation of gas; operation of pipeline facilities; violations; notice; failure to comply; penalty; considerations.

(1) Whenever the State Fire Marshal has reason to believe any person is violating any provision of subsection (1) of section 81-545 or any regulation under the Nebraska Natural Gas Pipeline Safety Act of 1969, the State Fire Marshal shall give notice to such person and permit such person reasonable opportunity to achieve compliance. If compliance has not been achieved in a reasonable time, the State Fire Marshal may request the Attorney General to bring an action under section 81-547 in the district court for the county in which the defendant's principal place of business is located, and the district court may impose a civil penalty of not to exceed ten thousand dollars for each violation for each day that such violation persists, except that the maximum civil penalty shall not exceed five hundred thousand dollars for any related series of violations.

(2) In determining the amount of such penalty, the court shall consider the appropriateness of such penalty to the size of the business of the person charged, the gravity of the violation, and the good faith of the person charged. The amount of such penalty, when finally determined, may be deducted from any sums owing by the State of Nebraska to the person charged.

Source:Laws 1969, c. 763, § 5, p. 2887; Laws 1993, LB 49, § 1.


81-547. Transportation of gas; operation of pipeline facilities; violations; district court; jurisdiction.

(1) The district courts shall have jurisdiction to restrain violations of sections 81-503, 81-505, 81-525, and 81-542 to 81-552, including the restraint of transportation of gas or the operation of a pipeline facility, or to enforce standards established hereunder upon petition by the Attorney General on behalf of the State of Nebraska. Whenever practicable, the State Fire Marshal shall give notice to any person against whom an action for injunctive relief is contemplated and afford him an opportunity to present his views, and, except in the case of a knowing and willful violation, shall afford him reasonable opportunity to achieve compliance. The failure to give such notice and afford such opportunity shall not preclude the granting of appropriate relief.

(2) Actions under subsection (1) of this section and section 81-546 shall be brought in the county in the State of Nebraska in which the defendant's principal place of business is located, and process in such cases may be served in any other county in the State of Nebraska where the defendant may be found or in which the defendant is an inhabitant or transacts business.

Source:Laws 1969, c. 763, § 6, p. 2888.


81-548. Transportation of gas; operation of pipeline facilities; plan for inspection and maintenance; file with State Fire Marshal; adequacy of plan.

Each person who engages in the transportation of gas or who owns or operates pipeline facilities subject to sections 81-503, 81-505, 81-525, and 81-542 to 81-552 shall file with the State Fire Marshal a plan for inspection and maintenance of each such pipeline facility owned or operated by such person, and any changes in such plan, in accordance with the regulations prescribed by the State Fire Marshal. If at any time the State Fire Marshal finds that such plan is inadequate to achieve safe operation, he shall, after notice and opportunity for a hearing, require such plan to be revised. The plan required by the State Fire Marshal shall be practicable and designed to meet the need for pipeline safety. In determining the adequacy of any such plan, the State Fire Marshal shall consider:

(1) Relevant available pipeline safety data;

(2) Whether the plan is appropriate for the particular type of pipeline transportation;

(3) The reasonableness of the plan; and

(4) The extent to which such plan will contribute to public safety.

Source:Laws 1969, c. 763, § 7, p. 2888.


81-549. Transportation of gas; operation of pipeline facilities; records; reports; inspection; State Fire Marshal; duties; confidential information.

(1) Each person who engages in the transportation of gas or who owns or operates pipeline facilities shall establish and maintain such records, make such reports, and provide such information as the State Fire Marshal may reasonably require to enable him or her to determine whether such person has acted or is acting in compliance with the Nebraska Natural Gas Pipeline Safety Act of 1969 and the standards established under the act. Each such person shall, upon request of an officer, employee, or agent authorized by the State Fire Marshal, permit such officer, employee, or agent to inspect books, papers, records, and documents relevant to determining whether such person has acted or is acting in compliance with the act and the standards established pursuant to the act. For purposes of enforcement, officers, employees, or agents authorized by the State Fire Marshal, upon presenting appropriate credentials to the individual in charge, are authorized (a) to enter upon, at reasonable times, pipeline facilities and (b) to inspect, at reasonable times and within reasonable limits and in a reasonable manner, such facilities. Each such inspection shall be commenced and completed with reasonable promptness.

(2) In the course of the exercise of his or her duties and responsibilities under the act, the State Fire Marshal shall wherever practicable employ a practice of spot checking and issuance of certificates of compliance, with respect to persons subject to the act, to limit costs of enforcement of the safety standards established pursuant to section 81-543.

(3) All information reported to or otherwise obtained by the State Fire Marshal or his or her representative pursuant to subsection (1) of this section, which information contains or relates to a trade secret as referred to in 18 U.S.C. 1905 or otherwise constitutes a trade secret under law, shall be considered confidential for the purpose of such laws, except that such information may be disclosed to other officers or employees concerned with carrying out the act or when relevant in any proceeding under the act.

Source:Laws 1969, c. 763, § 8, p. 2889; Laws 1992, LB 858, § 1.


81-550. Nebraska Natural Gas Pipeline Safety Cash Fund; created; use; investment; assessments.

(1) The Nebraska Natural Gas Pipeline Safety Cash Fund is created. The fund shall consist of money received from assessments pursuant to this section which shall be remitted to the State Treasurer for credit to the fund. Transfers may be made from the fund to the General Fund at the direction of the Legislature through June 30, 2010. The Nebraska Natural Gas Pipeline Safety Cash Fund shall be used for purposes of administering the Nebraska Natural Gas Pipeline Safety Act of 1969. The fund shall be administered by the State Fire Marshal. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

(2) To defray the cost of administering the Nebraska Natural Gas Pipeline Safety Act of 1969, the State Fire Marshal shall on March 1 of each year make an assessment against persons having pipeline facilities in this state subject to the act, which assessment shall be paid within thirty days thereafter.

(3) The assessment against each such person shall be based on the number of meters such person has in service for the retail sale of gas in this state at the end of the calendar year next preceding such assessment. The amount of such assessment shall be set by the State Fire Marshal in an amount not to exceed twenty cents multiplied by the number of such meters for each such person.

(4) It shall be the duty of the State Fire Marshal to make timely application each year to the United States Government for the maximum funds to which this state may be entitled from the United States Government for the administration of the act.

Source:Laws 1969, c. 763, § 9, p. 2890; Laws 1977, LB 410, § 1; Laws 1983, LB 383, § 1; Laws 1992, LB 858, § 2; Laws 2004, LB 1091, § 16;    Laws 2009, First Spec. Sess., LB3, § 66.    


Cross References

81-551. State Fire Marshal; duties; powers.

The duties and powers of the State Fire Marshal and of his or her deputies and assistants prescribed in sections 81-509 to 81-523, 81-526, 81-527, 81-531 to 81-538, and 81-5,151 to 81-5,157 and the Petroleum Products and Hazardous Substances Storage and Handling Act shall not be applicable to the Nebraska Natural Gas Pipeline Safety Act of 1969.

Source:Laws 1969, c. 763, § 13, p. 2892; Laws 1986, LB 217, § 14; Laws 1988, LB 893, § 17; Laws 1993, LB 348, § 85.


Cross References

81-552. Act, how cited.

Sections 81-542 to 81-550 may be cited as the Nebraska Natural Gas Pipeline Safety Act of 1969.

Source:Laws 1969, c. 763, § 14, p. 2892.


81-553. Repealed. Laws 1975, LB 525, § 45.

81-554. Repealed. Laws 1975, LB 525, § 45.

81-555. Repealed. Laws 1975, LB 525, § 45.

81-556. Repealed. Laws 1975, LB 525, § 45.

81-557. Repealed. Laws 1975, LB 525, § 45.

81-558. Repealed. Laws 1975, LB 525, § 45.

81-559. Repealed. Laws 1975, LB 525, § 45.

81-560. Repealed. Laws 1975, LB 525, § 45.

81-561. Repealed. Laws 1975, LB 525, § 45.

81-562. Repealed. Laws 1975, LB 525, § 45.

81-563. Repealed. Laws 1975, LB 525, § 45.

81-564. Repealed. Laws 1975, LB 525, § 45.

81-565. Repealed. Laws 1975, LB 525, § 45.

81-566. Repealed. Laws 1975, LB 525, § 45.

81-567. Repealed. Laws 1975, LB 525, § 45.

81-568. Repealed. Laws 1975, LB 525, § 45.

81-569. Repealed. Laws 1975, LB 525, § 45.

81-570. Repealed. Laws 1975, LB 525, § 45.

81-571. Transferred to section 81-2101.

81-572. Transferred to section 81-2102.

81-573. Transferred to section 81-2103.

81-574. Transferred to section 81-2145.

81-575. Transferred to section 81-2104.

81-576. Transferred to section 81-2105.

81-577. Transferred to section 81-2106.

81-578. Transferred to section 81-2107.

81-579. Transferred to section 81-2108.

81-580. Transferred to section 81-2109.

81-581. Transferred to section 81-2110.

81-582. Transferred to section 81-2111.

81-583. Transferred to section 81-2112.

81-584. Transferred to section 81-2113.

81-585. Transferred to section 81-2114.

81-586. Transferred to section 81-2115.

81-587. Transferred to section 81-2116.

81-588. Transferred to section 81-2117.

81-589. Transferred to section 81-2118.

81-590. Transferred to section 81-2119.

81-591. Transferred to section 81-2120.

81-592. Transferred to section 81-2121.

81-593. Transferred to section 81-2122.

81-593.01. Transferred to section 81-2123.

81-594. Transferred to section 81-2124.

81-595. Transferred to section 81-2125.

81-596. Transferred to section 81-2126.

81-597. Transferred to section 81-2127.

81-598. Transferred to section 81-2128.

81-599. Transferred to section 81-2129.

81-5,100. Transferred to section 81-2130.

81-5,101. Transferred to section 81-2131.

81-5,102. Transferred to section 81-2132.

81-5,103. Transferred to section 81-2133.

81-5,104. Transferred to section 81-2134.

81-5,105. Transferred to section 81-2135.

81-5,106. Transferred to section 81-2136.

81-5,107. Transferred to section 81-2137.

81-5,108. Transferred to section 81-2138.

81-5,109. Transferred to section 81-2139.

81-5,110. Transferred to section 81-2140.

81-5,111. Transferred to section 81-2141.

81-5,112. Transferred to section 81-2142.

81-5,113. Transferred to section 81-2143.

81-5,114. Transferred to section 81-2144.

81-5,115. Act, how cited.

Sections 81-5,115 to 81-5,131 shall be known and may be cited as the Arson Reporting Immunity Act.

Source:Laws 1979, LB 301, § 1.


81-5,116. Definitions; sections found.

For purposes of sections 81-5,115 to 81-5,131, unless the context otherwise requires, the definitions found in sections 81-5,117 to 81-5,120 shall be used.

Source:Laws 1979, LB 301, § 2.


81-5,117. Authorized agency, defined.

Authorized agency shall mean:

(1) The State Fire Marshal or any local fire department investigation division when authorized or charged with the investigation of fires or explosions at the place where the fire or explosion actually took place;

(2) The colonel of the Nebraska State Patrol;

(3) The county attorney responsible for prosecutions in the county where the fire or explosion occurred; and

(4) A local law enforcement agency in the county where the fire or explosion occurred.

Source:Laws 1979, LB 301, § 3.


81-5,118. Relevant, defined.

Relevant shall mean information having any tendency to make the existence of any fact that is of consequence to the investigation or determination of the issue more probable or less probable than it would be without the evidence.

Source:Laws 1979, LB 301, § 4.


81-5,119. Action, defined.

Action shall include nonaction or the failure to take action.

Source:Laws 1979, LB 301, § 5.


81-5,120. Immune, defined.

Immune shall mean that neither a civil action nor a criminal prosecution may arise from any action taken pursuant to sections 81-5,115 to 81-5,131 when actual malice on the part of an insurance company or authorized agency against the insured is not present.

Source:Laws 1979, LB 301, § 6.


81-5,121. Authorized agency; fire or explosion loss; access to information.

Any authorized agency may, in writing, require the insurance company at interest to release to the requesting agency any or all relevant information or evidence deemed important to the authorized agency which the company may have in its possession relating to the fire loss or explosion loss in question. Authorized agency for the purpose of this section shall mean, in addition to agencies included under section 81-5,117, the Federal Bureau of Investigation, any other federal agency, and the United States Attorney's office when authorized or charged with investigation or prosecution of a fire or explosion.

Source:Laws 1979, LB 301, § 7.


81-5,122. Fire or explosion loss; request for information; subject matter.

The request for information under section 81-5,121 may include, but shall not be limited to:

(1) Pertinent insurance policy information relevant to a fire loss or explosion loss under investigation and any application for such a policy;

(2) Policy premium payment records which are available;

(3) History of previous claims made by the insured; and

(4) Material relating to the investigation of the loss, including statements of any person, proof of loss, and any other evidence relevant to the investigation.

Source:Laws 1979, LB 301, § 8.


81-5,123. Fire or explosion loss; investigation; when.

When an insurance company has reason to believe that a fire loss or explosion loss in which it has an interest may be of other than accidental cause, the company shall, in writing, notify the State Fire Marshal or any local fire department investigation division and request an investigation. The company shall provide the State Fire Marshal or any local fire department investigation division with any or all material developed from the company's inquiry into the fire loss or explosion loss. If an insurance company provides the State Fire Marshal or any local fire department investigation division with notice of a fire loss or explosion loss, such notice shall be sufficient for the purpose of sections 81-5,115 to 81-5,131.

Source:Laws 1979, LB 301, § 9.


81-5,124. Authorized agency; information; release; to whom.

The authorized agency provided with information pursuant to section 81-5,121 or 81-5,123 and in furtherance of its own purposes may release or provide such information to any of the other authorized agencies.

Source:Laws 1979, LB 301, § 10.


81-5,125. Insurance company; request for information; effect.

Any insurance company providing information to an authorized agency or agencies pursuant to section 81-5,121 or 81-5,123 shall have the right to request relevant information and receive, within a reasonable time not to exceed thirty days, the information requested.

Source:Laws 1979, LB 301, § 11.


81-5,126. Insurance company; release of information; immune from liability.

Any insurance company, a person acting in its behalf, or an authorized agency releasing information, whether oral or written, pursuant to section 81-5,121 or 81-5,123 shall be immune from any liability arising out of a civil action or penalty resulting from a criminal prosecution.

Source:Laws 1979, LB 301, § 12.


81-5,127. Authorized agency; insurance company; information; confidentiality; testimony.

(1) Any authorized agency or insurance company which receives any information, furnished pursuant to sections 81-5,115 to 81-5,131, shall hold the information in confidence until such time as its release is required pursuant to a criminal or civil proceeding.

(2) Any authorized agency or its personnel may be required to testify in any litigation in which the insurance company at interest is named as a party.

Source:Laws 1979, LB 301, § 13.


81-5,128. Information; refusal to release; prohibited.

No person or agency shall intentionally or knowingly refuse to release any information requested pursuant to section 81-5,121 or 81-5,124.

Source:Laws 1979, LB 301, § 14.


81-5,129. Relevant information; refusal to provide; prohibited.

No person shall intentionally or knowingly refuse to provide authorized agencies relevant information pursuant to section 81-5,123.

Source:Laws 1979, LB 301, § 15.


81-5,130. Confidential information; release; prohibited.

No person shall fail to hold in confidence information required to be held in confidence by section 81-5,127.

Source:Laws 1979, LB 301, § 16.


81-5,131. Violations; penalties.

Any person violating sections 81-5,128 to 81-5,130 shall be guilty of a Class IV misdemeanor.

Source:Laws 1979, LB 301, § 17.


81-5,132. Definitions, sections found.

As used in sections 81-5,132 to 81-5,146, unless the context otherwise requires, the definitions found in sections 81-5,133 to 81-5,139 shall apply.

Source:Laws 1981, LB 296, § 1.


81-5,133. Apartment house, defined.

Apartment house shall mean any building which is occupied as the home or residence of three or more families or persons living independently of each other and doing their own cooking in the building, and such term shall include buildings containing three or more apartments.

Source:Laws 1981, LB 296, § 2.


81-5,134. Dwelling, defined.

Dwelling shall mean any building which is not an apartment house, lodging house, hotel, or mobile home and which contains one or two dwelling units which are, or are intended or designed to be, occupied for living purposes.

Source:Laws 1981, LB 296, § 3.


81-5,135. Dwelling unit, defined.

Dwelling unit shall mean a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation, or a single unit used by one or more persons for sleeping and sanitation pursuant to a work practice or labor agreement.

Source:Laws 1981, LB 296, § 4.


81-5,136. Hotel, defined.

Hotel shall mean any building, or portion thereof, containing six or more guest rooms intended or designed to be used, or which are used, rented, or hired out to be occupied, or which are occupied for sleeping purposes by guests.

Source:Laws 1981, LB 296, § 5.


81-5,137. Lodging house, defined.

Lodging house shall mean any building, or portion thereof, containing not more than five guest rooms which are used or are intended to be used for sleeping purposes by guests and for which rent is paid in money, goods, labor, or otherwise.

Source:Laws 1981, LB 296, § 6.


81-5,138. Mobile home, defined.

Mobile home shall mean every transportable or relocatable device of any description containing complete independent living facilities for one or more persons whether or not permanently attached to the real estate upon which it is situated and shall include a manufactured home as defined in section 71-4603.

Source:Laws 1981, LB 296, § 7; Laws 1985, LB 313, § 27.


81-5,139. Remodeled, defined.

Remodeled shall mean the alteration or reconstruction of an existing building for which a building permit is required to be obtained by the local political subdivision.

Source:Laws 1981, LB 296, § 8.


81-5,140. Certain mobile homes and modular housing units; exemption.

Notwithstanding any other provision of sections 81-5,132 to 81-5,146, mobile homes constructed after September 27, 1975, and modular housing units constructed pursuant to sections 71-1555 to 71-1567 after January 10, 1977, shall be exempt from the requirements of sections 81-5,132 to 81-5,146.

Source:Laws 1981, LB 296, § 9; Laws 1985, LB 313, § 28.


81-5,141. Adopt rules and regulations; administration of law; investigate violations.

The State Fire Marshal shall adopt and promulgate rules and regulations for the administration of sections 81-5,132 to 81-5,146, including the placement of smoke detectors in dwellings, apartment houses, hotels, lodging houses, dormitories, and mobile homes. The rules and regulations shall take into account designs of the guest rooms, dwelling units, dormitories, and mobile homes. The State Fire Marshal may consider the requirements for smoke detectors developed by any national testing laboratory in adopting such rules and regulations. The State Fire Marshal shall administer the provisions of sections 81-5,132 to 81-5,146 and may delegate such responsibility to his or her authorized representative or the appropriate official charged with the duty of providing fire protection services within the local jurisdiction. The State Fire Marshal or his or her representative or the appropriate official may investigate any alleged violation of sections 81-5,132 to 81-5,146 and shall report such investigative findings to the county attorney who shall proceed to enforce the provisions of sections 81-5,132 to 81-5,146.

Source:Laws 1981, LB 296, § 10.


81-5,142. Smoke detectors; installation required; when.

(1) Every dwelling unit within a dwelling or apartment house constructed or remodeled on or after January 1, 1982, every guest room in a lodging house or hotel constructed or remodeled on or after January 1, 1982, and every dormitory constructed or remodeled on or after January 1, 1982, shall be provided with one or more operating smoke detectors meeting the requirements of the State Fire Marshal's rules and regulations.

(2) Every guest room in a lodging house or hotel constructed prior to January 1, 1982, and every dormitory constructed prior to January 1, 1982, shall be provided with one or more operating smoke detectors meeting the requirements of the State Fire Marshal's rules and regulations on or before January 1, 1984.

(3) Every (a) dwelling unit within a dwelling or apartment house constructed prior to January 1, 1982, (b) mobile home, and (c) modular housing unit constructed pursuant to sections 71-1555 to 71-1567 shall be provided with one or more operating smoke detectors meeting the requirements of the State Fire Marshal's rules and regulations at the time of their remodeling or sale. In the event of a sale, the provision of smoke detectors shall be the sole responsibility of the seller, which responsibility shall not be assigned or imputed to any other party or the agent of any party to the sale.

Source:Laws 1981, LB 296, § 11; Laws 1985, LB 313, § 29.


81-5,143. Smoke detector; number; location; operation.

The detector shall be mounted in accordance with the rules and regulations regarding the number and location of smoke detectors adopted by the State Fire Marshal. When activated, the detector shall provide an alarm in the dwelling unit, guest room, dormitory, or mobile home.

Source:Laws 1981, LB 296, § 12.


81-5,144. Smoke detector; rental property; responsibility for installing, maintaining, and testing; procedure.

(1) Except as provided in subsection (2) of this section, the owner of every apartment house, dwelling, hotel, lodging house, dormitory, or mobile home or the owner's authorized agent shall be responsible for supplying, installing, maintaining, and testing the smoke detectors.

(2) In the case of a dwelling unit, guest room, hotel room, or mobile home which is being occupied for one month or more by the same occupant, it shall be the responsibility of such occupant to perform the tests on the smoke detector as are recommended by the manufacturer's instructions and immediately notify, in writing, the owner or authorized agent of any deficiencies. The owner of the dwelling, apartment house, lodging house, hotel, or mobile home shall provide a notice to such occupant containing instructions for the testing of the device. For purposes of this subsection, deficiencies shall not include a worn battery or other replaceable energy unit. The occupant shall be responsible for replacement of the battery or unit, except that such battery or unit shall be in operating condition at the time the occupant takes possession. The owner or authorized agent shall correct any reported deficiencies in the smoke detector and shall not be in violation of sections 81-5,132 to 81-5,146 for a deficient smoke detector when he or she has not received notice of the deficiency.

(3) This section shall apply solely to rental property.

Source:Laws 1981, LB 296, § 13.


81-5,145. Political subdivisions; smoke detector standards; restrictions.

Sections 81-5,132 to 81-5,146 shall prohibit a political subdivision from adopting standards less stringent than those provided in sections 81-5,132 to 81-5,146 and rules and regulations adopted under sections 81-5,132 to 81-5,146, except that, as to buildings constructed on or after January 1, 1982, such political subdivision shall require that smoke detectors be attached to a centralized electrical power source within the building which may be equipped with a battery as an alternate power source. No political subdivision shall require that a smoke detector be attached to a centralized power source within a building constructed prior to January 1, 1982.

Source:Laws 1981, LB 296, § 14.


81-5,146. Violations; penalty.

Any person violating the provisions of sections 81-5,132 to 81-5,146 shall be guilty of a Class V misdemeanor.

Source:Laws 1981, LB 296, § 15.


81-5,147. Buildings and facilities; standards, specifications, and exclusions; adoption.

The State Fire Marshal shall adopt and promulgate:

(1) Standards, specifications, and exclusions which are consistent with the most current uniform guidelines and standards set by the federal Americans with Disabilities Act of 1990, as amended, for (a) buildings and facilities which are newly constructed for first occupancy and (b) alterations of existing buildings and facilities used by the public. For purposes of this section, alterations of an existing building or facility used by the public shall include remodeling, renovation, rehabilitation, reconstruction, historic restoration, changes or rearrangement in structural parts or elements, and changes or rearrangements in the plan or configuration of the height of walls or partitions. Normal maintenance, reroofing, painting, wallpapering, asbestos removal, or changes to mechanical and electrical systems shall not be considered alterations; and

(2) Standards and specifications which are consistent with the most current uniform guidelines and standards set by the federal Fair Housing Act of 1968, as adopted by the State of Nebraska, for new constructed covered multifamily dwellings as defined in section 20-319.

Source:Laws 1974, LB 602, § 13; R.S.1943, (1990), § 72-1122; Laws 1993, LB 377, § 3; Laws 1998, LB 1073, § 160; Laws 2002, LB 93, § 22.    


81-5,148. Enforcement of standards and specifications; responsibility; failure to comply; effect.

The responsibility for enforcement of the standards and specifications adopted pursuant to section 81-5,147 for (1) buildings and facilities which are newly constructed for first occupancy, (2) alterations of existing buildings and facilities used by the public, and (3) new constructed covered multifamily dwellings as defined in section 20-319 shall lie with the State Fire Marshal or the appropriate officials of the governing bodies of the state government and its political subdivisions responsible for the review and approval of the building plans. Enforcement responsibility includes an appeal process conducted by the enforcing authority for the appeal of any enforcement action or proposed enforcement action. With respect to the enforcement of section 81-5,147 as described in subdivisions (1) and (2) of this section, when plans are being reviewed for both building code and fire code regulations, the officials responsible for building code review shall be responsible for enforcement of section 81-5,147. With respect to the enforcement of section 81-5,147 as described in subdivision (3) of this section, when plans are being reviewed for both building code and fire code regulations, the officials in a city of the metropolitan, primary, or first class shall be responsible for enforcement of section 81-5,147. Officials in a city of the second class or village shall not be responsible for enforcement of section 81-5,147 as described in subdivision (3) of this section if such officials have submitted to the State Fire Marshal a written statement declaring their intent not to assume responsibility for such enforcement. When plans are being reviewed solely for fire code regulations or when the officials responsible for building code review have submitted such a written statement, the State Fire Marshal or his or her designee shall be responsible for enforcement of section 81-5,147. No official of any governing body of the state government or its political subdivisions responsible for such enforcement shall approve or authorize an occupancy permit unless such building, facility, or dwelling complies with the standards and specifications prescribed by such section. Any unauthorized departure from the standards and specifications established by the State Fire Marshal pursuant to such section may be corrected by full compliance with such standards and specifications within one hundred eighty days after discovery of such departure. Failure to correct an unauthorized departure from such standards and specifications shall result in denial or revocation of the occupancy permit for the building, facility, or dwelling.

Source:Laws 1965, c. 430, § 19, p. 1377; Laws 1974, LB 602, § 10; Laws 1976, LB 986, § 1; Laws 1977, LB 473, § 1; Laws 1988, LB 646, § 1; R.S.1943, (1990), § 72-1119; Laws 1993, LB 377, § 4; Laws 1998, LB 1073, § 161.


81-5,149. Repealed. Laws 2002, LB 93, § 27.

81-5,150. Repealed. Laws 2002, LB 93, § 27.

81-5,151. Training division; established; purpose; State Fire Marshal; powers and duties.

The State Fire Marshal shall establish a training division for purposes of operating a statewide training program for fire department personnel, others involved in fire safety training, and other emergency responders that may require specialized training available from the training program for the purposes of developing, maintaining, and updating fire department skills and other skills of those emergency responders requiring specialized training available from the training program. The State Fire Marshal in establishing a training division shall (1) conduct training, (2) certify fire department personnel, (3) give technical assistance to fire departments and other emergency responders requiring specialized training available from the training program, and (4) conduct live fire training. The State Fire Marshal in establishing such training may also give technical assistance to rescue squads and respond to emergencies upon request for technical assistance. Fees for manuals and training shall be collected pursuant to section 81-5,152. Nothing in this section shall require mandatory participation by fire departments, individuals, or others interested in fire safety training or other specialized training available from the training program.

Source:Laws 1980, LB 724, § 2; R.S.1943, (1987), § 79-1430; Laws 1993, LB 348, § 86.


81-5,152. Training program; fees.

The training program as set out in section 81-5,151 for volunteer fire departments and career fire departments shall be free, except that the State Fire Marshal may charge for such books and materials given to the students, testing, or specialized courses.

The State Fire Marshal may charge a fee for providing to private fire departments training, books, materials, testing, or specialized courses.

The State Fire Marshal shall charge a fee for providing to industrial fire brigades training, books, materials, testing, and specialized courses.

Source:Laws 1993, LB 348, § 87.


81-5,153. Training Division Cash Fund; created; use; investment.

The Training Division Cash Fund is created. Money collected pursuant to section 81-5,152 shall be remitted to the State Treasurer for credit to the fund. The fund shall be used for the purpose of administering the training program established pursuant to sections 81-5,151 to 81-5,157, except that transfers may be made from the fund to the General Fund at the direction of the Legislature. The Training Division Cash Fund shall be administered by the State Fire Marshal. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 1980, LB 724, § 3; R.S.1943, (1987), § 79-1431; Laws 1993, LB 348, § 88; Laws 2004, LB 1091, § 17;    Laws 2007, LB322, § 25;    Laws 2009, First Spec. Sess., LB3, § 67.    


Cross References

81-5,154. Repealed. Laws 2002, LB 93, § 27.

81-5,155. Repealed. Laws 2002, LB 93, § 27.

81-5,156. Repealed. Laws 2002, LB 93, § 27.

81-5,157. Fire Service and Safety Training Program; transfer to State Fire Marshal; personnel, records, and other property; transfer.

The Fire Service and Safety Training Program is hereby transferred to the State Fire Marshal. All personnel of the program in the State Department of Education who manage, teach, are office personnel, or are involved in the running of the program shall be transferred to the office of the State Fire Marshal on July 1, 1993.

All furniture, equipment, books, files, records, leases, and other property used by the Nebraska Fire Service shall be transferred and delivered to the State Fire Marshal on July 1, 1993.

Source:Laws 1993, LB 348, § 92.


81-5,158. Terms, defined.

For purposes of sections 81-5,158 to 81-5,164:

(1) Responsible managing employee means an individual employed full time by the water-based fire protection system contractor who (a) is currently certified by the National Institute for Certification in Engineering Technologies at level III or IV in fire protection engineering technology, automatic sprinkler system layout, or another nationally recognized certification in automatic sprinkler system layout recognized by the State Fire Marshal, (b) has completed and passed an examination administered by the State Fire Marshal, and (c) is an owner, partner, or officer or in a management position of a contractor;

(2) Water-based fire protection system means a system of overhead piping: (a) Designed in accordance with fire protection engineering standards, usually activated by heat from a fire and which, when activated, discharges water over a fire area; (b) supplied from an acceptable water supply; (c) which is specially sized or hydraulically designed and installed in a building, structure, or fire area to which fire sprinklers are connected; and (d) which includes a controlling valve and usually a device for actuating an alarm when the system is in operation. Only the portion of the water-based fire protection system which is separate from the domestic water system is considered the water-based fire protection system. Water-based fire protection systems include wet-pipe systems, dry-pipe systems, foam-water systems, pre-action systems, deluge systems, combined dry-pipe and pre-action systems, standpipe systems, combined standpipe and sprinkler systems, water-spray fixed systems, fire pumps, fire protection water storage tanks, antifreeze systems, and circulating closed-loop systems; and

(3) Water-based fire protection system contractor means a person engaged in the business of installation, repair, alteration, addition, maintenance, or inspection of water-based fire protection systems, but does not include (a) individuals employed by and working under the direction of a contractor or (b) local building officials, fire inspectors, or insurance inspectors when acting in their official capacity.

Source:Laws 1997, LB 636, § 1.


81-5,159. Contractor certificate; required; application; fee; examination; renewal; responsible managing employee.

(1) Any water-based fire protection system contractor who installs, repairs, alters, adds to, maintains, or inspects water-based fire protection systems in this state shall first obtain a contractor certificate.

(2) A water-based fire protection system contractor may apply to the State Fire Marshal for a contractor certificate. The application shall be made on a form prescribed by the State Fire Marshal and shall include a certificate fee of up to one hundred dollars. Each applicant must designate a responsible managing employee on the application, and this individual's name shall appear on the certificate with that of the water-based fire protection system contractor upon issuance. Proof of insurance required by section 81-5,160 shall also accompany the application.

(3) Upon receipt of a complete application, proof of insurance, and certificate fee, the State Fire Marshal shall schedule a time for an examination of the responsible managing employee to demonstrate that he or she is familiar with the procedures and rules of the State Fire Marshal relating to water-based fire protection systems. If the responsible managing employee passes the examination, the State Fire Marshal shall issue the certificate to the water-based fire protection system contractor within thirty days.

(4) A certificate shall expire on September 30 of the year following issuance. An application for renewal shall be filed at least thirty days prior to expiration and shall be accompanied by a renewal fee of up to one hundred dollars and a sworn affidavit that the responsible managing employee is currently employed by the water-based fire protection system contractor. A water-based fire protection system contractor who fails to apply for renewal within the time stated in this subsection must make a new application for a certificate.

(5) A responsible managing employee may only act as such for one water-based fire protection system contractor at a time. When a responsible managing employee terminates his or her association with a water-based fire protection system contractor, the water-based fire protection system contractor shall notify the State Fire Marshal within thirty days after termination. The responsible managing employee shall not be designated as the responsible managing employee for more than two water-based fire protection system contractors in any twelve-month period. The State Fire Marshal shall revoke the certificate of a water-based fire protection system contractor whose responsible managing employee has terminated his or her association with the water-based fire protection system contractor unless an application designating a new responsible managing employee is filed within six months after termination or prior to expiration of the current certificate, whichever is earlier.

Source:Laws 1997, LB 636, § 2.


81-5,160. Contractor; insurance required.

A water-based fire protection system contractor shall maintain general and completed operations liability insurance for installation, inspection, and testing of water-based fire protection systems providing at least one million dollars of coverage.

Source:Laws 1997, LB 636, § 3.


81-5,161. Sections; how construed.

Sections 81-5,158 to 81-5,164 shall not be construed to:

(1) Relieve any person from payment of local license or permit fees;

(2) Limit the power of the state or political subdivisions to regulate the quality and character of work performed by water-based fire protection system contractors through a system of permits, fees, and inspections which are designed to assure compliance with, and aid in the implementation of, state and local building laws or to enforce other local laws for the protection of the public health and safety; or

(3) Limit the power of the state or political subdivisions to adopt any system of permits requiring submission to and approval by the state or political subdivision of plans and specifications for work to be performed by water-based fire protection system contractors before commencement of the work.

Source:Laws 1997, LB 636, § 4.


81-5,162. Fees; penalties; distribution.

Any money collected under sections 81-5,158 to 81-5,160 shall be remitted to the State Treasurer for credit to the State Fire Marshal Cash Fund. Any civil penalties collected under section 81-5,163 shall be remitted to the State Treasurer for credit to the permanent school fund.

Source:Laws 1997, LB 636, § 5.


81-5,163. Violation; penalties.

Any violation of sections 81-5,158 to 81-5,162 is a Class V misdemeanor. In addition, the State Fire Marshal may impose a civil penalty of up to two hundred fifty dollars for each day a violation continues. Any violation shall also constitute grounds for revocation of a contractor certificate.

Source:Laws 1997, LB 636, § 6.


81-5,164. Rules and regulations.

The State Fire Marshal shall adopt and promulgate rules and regulations to carry out sections 81-5,158 to 81-5,163.

Source:Laws 1997, LB 636, § 7.


81-601. Department of Health and Human Services; powers.

The Department of Health and Human Services shall have general supervision and control over matters relating to public health and sanitation and shall provide for examination as provided in section 81-602 and have supervision over all matters of quarantine and quarantine regulations.

Source:Laws 1919, c. 190, tit. VI, art. I, § 1, p. 750; C.S.1922, § 8159; C.S.1929, § 81-5601; Laws 1933, c. 149, § 5, p. 575; Laws 1941, c. 141, § 8, p. 560; C.S.Supp.,1941, § 81-927; C.S.Supp.,1941, § 81-5601; R.S.1943, § 81-601; Laws 1996, LB 1044, § 840; Laws 2007, LB296, § 730.    


Annotations

81-601.01. Repealed. Laws 1997, LB 307, § 236.

81-602. Department of Health and Human Services; medical schools; inspection; examination of graduates.

The Department of Health and Human Services shall have the right at all times to inspect the equipment and methods of teaching in all medical colleges and medical schools of the state and shall have the power to refuse examination to the graduates of any school which, on proper notice and hearing, shall be adjudged not a medical college or medical school in good standing as defined by the laws of this state.

Source:Laws 1919, c. 190, tit. VI, art. I, § 2, p. 750; C.S.1922, § 8160; C.S.1929, § 81-5602; R.S.1943, § 81-602; Laws 1996, LB 1044, § 842; Laws 2007, LB296, § 731.    


81-603. Formal grievance process for families involved in child welfare system or juvenile justice system; duties; report.

The Department of Health and Human Services shall implement a formal grievance process for families involved in the child welfare system or juvenile justice system. Such grievance process shall ensure that families are not dissuaded from utilizing the grievance process for fear of reprisal from the department, providers, or foster parents. A report of each grievance allegation and the determination of and any action to be taken by the department shall be provided to the Inspector General for Nebraska Child Welfare within ten days after such determination is made.

Source:Laws 2013, LB269, § 11.    


81-604. Repealed. Laws 1996, LB 1044, § 985.

81-604.01. Department of Health and Human Services; notified of facility not currently licensed; reports made; by whom; investigation.

Any local or state agency or department, or any private facility involved in arranging or supervising placements for those persons requiring care or supervision, shall notify the Department of Health and Human Services when there is reason to believe that the total number of persons served in any institution, facility, place, or building exceeds three individuals and that such facility is not currently licensed by the Department of Health and Human Services. The department shall investigate or inspect such complaints pursuant to the Health Care Facility Licensure Act.

Source:Laws 1981, LB 487, § 4; Laws 1996, LB 1044, § 843; Laws 2000, LB 819, § 154;    Laws 2007, LB296, § 732.    


Cross References

81-604.02. Division of Public Health of Department of Health and Human Services; survey and certification agency for medicare program and federal clinical laboratory requirements.

For the purpose of assisting the citizens of the state in receiving benefits under the federal medicare law, the State of Nebraska authorizes the Division of Public Health of the Department of Health and Human Services to act as the survey and certification agency for the medicare program in Nebraska and to contract to perform such functions with the federal agency responsible for administration of the medicare program and to enter into such other agreements as may be necessary to implement federal requirements. The division may also contract with the federal agency to perform survey and certification functions in accordance with the federal Clinical Laboratory Improvement Amendments of 1988.

Source:Laws 1989, LB 344, § 14; Laws 1994, LB 1210, § 158; Laws 1996, LB 1044, § 844; Laws 2007, LB296, § 733.    


81-604.03. Division of Public Health of Department of Health and Human Services; survey and certification agency for medicaid program; notice of violation; duties.

The Division of Public Health of the Department of Health and Human Services is hereby authorized to act as the survey and certification agency for the medicaid program and to enter into such agreements as may be necessary to carry out its duties. On and after July 1, 2007, the division shall notify the medicaid program of any violation by a nursing facility, as defined in section 71-2097, of federal regulations for participation in the medicaid program. Civil penalties will be determined pursuant to sections 71-2097 to 71-20,101.

Source:Laws 1989, LB 344, § 15; Laws 1996, LB 1044, § 845; Laws 1996, LB 1155, § 77; Laws 2007, LB296, § 734.    


81-605. Transferred to section 71-2101.

81-606. Transferred to section 71-2102.

81-607. Transferred to section 71-2103.

81-608. Transferred to section 71-2104.

81-609. Transferred to section 71-2201.

81-610. Transferred to section 71-2202.

81-611. Transferred to section 71-2203.

81-612. Transferred to section 71-2204.

81-613. Transferred to section 71-2205.

81-614. Transferred to section 71-2206.

81-615. Transferred to section 71-2207.

81-616. Transferred to section 71-2208.

81-617. Transferred to section 43-707.

81-618. Transferred to section 43-708.

81-619. Transferred to section 71-2301.

81-620. Transferred to section 71-2401.

81-621. Transferred to section 71-2402.

81-622. Transferred to section 71-2403.

81-623. Transferred to section 71-2404.

81-624. Transferred to section 71-2405.

81-625. Transferred to section 71-2501.

81-626. Transferred to section 71-2502.

81-627. Transferred to section 71-2503.

81-628. Transferred to section 71-2504.

81-629. Transferred to section 71-2505.

81-630. Transferred to section 71-2506.

81-631. Transferred to section 71-2507.

81-632. Transferred to section 71-2508.

81-633. Transferred to section 71-2509.

81-634. Transferred to section 71-2510.

81-635. Transferred to section 71-2511.

81-636. Transferred to section 71-2512.

81-637. Cancer and smoking disease research; terms, defined.

As used in sections 81-637 to 81-640, unless the context otherwise requires:

(1) Cancer means all malignant neoplasm regardless of the tissue of origin, including malignant lymphoma and leukemia;

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

(3) Smoking disease means diseases whose causes are linked to smoking including, but not limited to, cardiovascular, pulmonary, and gastrointestinal diseases.

Source:Laws 1981, LB 506, § 1; Laws 1996, LB 1044, § 846; Laws 2007, LB296, § 735.    


81-638. Cancer and smoking disease research; appropriation; distribution; contracts; requirements.

(1) Subject to subsection (4) of this section, the Legislature shall appropriate for each year from the Health and Human Services Cash Fund to the department an amount derived from one cent of the cigarette tax imposed by section 77-2602, less any amount appropriated from the fund specifically to the University of Nebraska Eppley Institute for Research in Cancer and Allied Diseases. The department shall, after deducting expenses incurred in the administration of such funds, distribute such funds exclusively for grants and contracts for research of cancer and smoking diseases, for funding the cancer registry prescribed in sections 81-642 to 81-650, and for associated expenses due to the establishment and maintenance of such cancer registry. Not more than two hundred thousand dollars shall be appropriated for funding the cancer registry and associated expenses. The University of Nebraska may receive such grants and contracts, and other postsecondary institutions having colleges of medicine located in the State of Nebraska may receive such contracts.

(2) Subject to subsection (4) of this section, the Legislature shall appropriate for each year from the Health and Human Services Cash Fund to the department for cancer research an amount derived from two cents of the cigarette tax imposed by section 77-2602 to be used exclusively for grants and contracts for research on cancer and smoking diseases. No amount shall be appropriated or used pursuant to this subsection for the operation and associated expenses of the cancer registry. Not more than one-half of the funds appropriated pursuant to this subsection shall be distributed to the University of Nebraska Medical Center for research in cancer and allied diseases and the University of Nebraska Eppley Institute for Research in Cancer and Allied Diseases. The remaining funds available pursuant to this subsection shall be distributed for contracts with other postsecondary educational institutions having colleges of medicine located in Nebraska which have cancer research programs for the purpose of conducting research in cancer and allied diseases.

(3) Any contract between the department and another postsecondary educational institution for cancer research under subsection (2) of this section shall provide that:

(a) Any money appropriated for such contract shall only be used for cancer research and shall not be used to support any other program in the institution;

(b) Full and detailed reporting of the expenditure of all funds under the contract is required. The report shall include, but not be limited to, separate accounting for personal services, equipment purchases or leases, and supplies. Such reports shall be made available electronically to the Legislature; and

(c) No money appropriated for such contract shall be spent for travel, building construction, or any other purpose not directly related to the research that is the subject of the contract.

(4) The State Treasurer shall transfer seven million dollars from the Health and Human Services Cash Fund to the General Fund on or before June 30, 2018, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services. It is the intent of the Legislature that the transfer to the General Fund in this subsection be from funds credited to the Cancer Research subfund of the Health and Human Services Cash Fund which were in excess of appropriations established in subsections (1) and (2) of this section.

Source:Laws 1981, LB 506, § 2; Laws 1983, LB 192, § 2; Laws 1986, LB 258, § 33; Laws 1986, LB 925, § 1; Laws 1991, LB 703, § 67; Laws 1993, LB 595, § 3; Laws 1996, LB 1044, § 847; Laws 2007, LB296, § 736;    Laws 2012, LB782, § 167;    Laws 2017, LB331, § 48.    


81-639. Cancer and smoking disease research; department; make grants and contracts; considerations.

The department when making grants and contracts pursuant to sections 81-637 to 81-640 shall consider:

(1) The relevancy of the applicant's proposal to the furthering of research of cancer and smoking diseases;

(2) The feasibility of the applicant's proposal;

(3) The availability of other sources of funding for the applicant's proposal;

(4) The facilities, personnel, and expertise available to the applicant for use in the proposal; and

(5) Evidence of the quality of the applicant's prior or existing programs for research of cancer and smoking diseases or the applicant's potential for developing new programs for such research.

Source:Laws 1981, LB 506, § 3; Laws 2007, LB296, § 737.    


81-640. Cancer and smoking disease research; department; adopt rules and regulations.

The department shall adopt and promulgate rules and regulations pursuant to the Administrative Procedure Act to:

(1) Establish an application process for grants and contracts;

(2) Establish criteria for programs in order to receive funding;

(3) Establish criteria as to the rates and amount of funding; and

(4) Establish other procedures as necessary for the proper administration of sections 81-637 to 81-640.

Source:Laws 1981, LB 506, § 4; Laws 2007, LB296, § 738.    


Cross References

81-640.01. Cancer research; legislative findings and declarations.

The Legislature finds and declares that:

(1) Cancer is a disease which strikes many Nebraska families and has an extremely detrimental effect on the lives of many Nebraskans and on the economy of this state;

(2) Cancer research is of utmost importance to Nebraskans in efforts to combat and control this serious disease;

(3) Nebraska is fortunate to have nationally recognized programs of cancer research in colleges of medicine located in Nebraska;

(4) The promotion of diversity of research has the greatest potential for significant advancement in finding the causes of cancer and the successful treatment of the disease; and

(5) It is in the best interests of the citizens of this state to strengthen existing cancer research programs and prevent duplication of research efforts by supporting and contracting with Nebraska colleges of medicine with existing programs to provide cancer research for the improvement of public health in Nebraska.

Source:Laws 1993, LB 595, § 1.


81-641. Repealed. Laws 1986, LB 925, § 5.

81-642. Cancer registry; legislative intent; information released.

It is the intent of the Legislature to require the establishment and maintenance of a cancer registry for the State of Nebraska. This responsibility is delegated to the Department of Health and Human Services along with the authority to exercise the necessary powers to implement sections 81-642 to 81-650. To insure an accurate and continuing source of data concerning cancer, all hospitals within the state shall make available to the department upon its request, at least once a year, information contained in the medical records of patients who have cancer within such time following its diagnosis as the department shall require. Any medical doctor, osteopathic physician, or dentist within the state shall make such information available to the department upon request by the department. This cancer registry should provide a central data bank of accurate, precise, and current information which medical authorities state will assist in the research for the prevention, cure, and control of cancer. The information contained in the cancer registry may be used as a source of data for scientific and medical research. Any information released from the cancer registry shall be disclosed as Class I, Class II, Class III, or Class IV data as provided in sections 81-663 to 81-675.

Source:Laws 1982, LB 212, § 1; Laws 1989, LB 342, § 38; Laws 1991, LB 703, § 68; Laws 1993, LB 536, § 113; Laws 1995, LB 406, § 87; Laws 1996, LB 1044, § 848; Laws 2007, LB296, § 739.    


81-643. Cancer registry; terms, defined.

As used in sections 81-642 to 81-650, unless the context otherwise requires, the definitions in section 81-664 shall be used and:

(1) Cancer shall mean: (a) A large group of diseases characterized by an uncontrolled growth and spread of abnormal cells; (b) any condition of tumors having the properties of anaplasia, invasion, and metastasis; (c) a cellular tumor the natural course of which is fatal; and (d) malignant neoplasm. Cancer shall be deemed to include, but not be limited to, carcinoma, sarcoma, melanoma, lymphoma, Hodgkin's disease, and myeloma, but shall not include precancerous conditions, benign polyps, or benign tumors; and

(2) Cancer registry shall mean the system of reporting established by sections 81-642 to 81-650 in which the cases of cancer in this state are reported and recorded in order to achieve the goals of prevention, cure, and control of cancer through research and education.

Source:Laws 1982, LB 212, § 2; Laws 1991, LB 703, § 69; Laws 1993, LB 536, § 114.


81-644. Cancer registry; Department of Health and Human Services; establish and maintain; information released.

The department shall establish and maintain a cancer registry that includes a record of the cases of cancer that occur within the state and such information concerning these cases which the department determines necessary and appropriate to provide a basic source of information to further scientific and medical research for the prevention, cure, and control of cancer. Any information released from the registry shall be disclosed as Class I, Class II, Class III, and Class IV data as provided in sections 81-663 to 81-675.

Source:Laws 1982, LB 212, § 3; Laws 1991, LB 703, § 70; Laws 1993, LB 536, § 115.


81-645. Cancer registry; Department of Health and Human Services; duties.

In order to implement the intent and purposes of sections 81-642 to 81-650, the department shall:

(1) Compile and publish a statistical report annually or at reasonable intervals containing information obtained from patient data pursuant to such sections in order to provide accessible information useful to physicians, medical personnel, and the public. Such report shall comply with sections 81-663 to 81-675;

(2) Comply with all necessary requirements in order to obtain funds or grants;

(3) Coordinate with existing statewide cancer registry programs to the extent feasible; and

(4) Consult with medical professionals, hospital tumor registries, and medical records representatives in formulating the plans and policies of the cancer registry program.

Source:Laws 1982, LB 212, § 4; Laws 1986, LB 925, § 2; Laws 1991, LB 703, § 71; Laws 1993, LB 536, § 116.


81-646. Cancer registry; hospital; health practitioner; provide data; contents.

(1) On the request of the department or its authorized representative, each medical doctor, osteopathic physician, or dentist within the state shall produce and make available to the department or its authorized representative, in a manner prescribed by the department, data which the department determines is necessary and appropriate from each medical record of cancer under the doctor's, osteopathic physician's, or dentist's custody or control.

(2) Each hospital within the state shall make available to the department or its authorized representative on presentation of proper identification of the department's representative, a list of names of cancer patients, corresponding medical records numbers, and medical records which document the diagnosis and treatment of cancer on the premises of the hospital, office, or clinic during normal working hours, for the purpose of recording specific data about a patient's cancer.

(3) Each hospital that initially diagnoses cancer made reportable by the department for more than fifty patients during a calendar year shall, for the next calendar year, at the request of the department or its authorized representative, produce and make available, in a manner prescribed by the department, data which the department determines is necessary and appropriate from each medical record of cancer under the control of the hospital. Any hospital with fewer than fifty initial diagnoses of cancer may report in the same manner.

(4) The data produced pursuant to subsection (1) of this section shall include, but not be limited to, the:

(a) Patient's name, address, and available social security number;

(b) Patient's hospital accession number;

(c) Patient's birthdate, race, and sex;

(d) Date of diagnosis;

(e) Primary site of cancer;

(f) Stage of the disease, including in situ, localized, regional, distant, or metastasis;

(g) Basis of staging, including clinical diagnostic, surgical evaluative, postsurgical treatment pathological, or retreatment; and

(h) Diagnostic confirmation.

Source:Laws 1982, LB 212, § 5; Laws 1986, LB 925, § 3; Laws 1989, LB 342, § 39; Laws 1995, LB 406, § 88.


81-647. Cancer registry; certain data; confidential; access for research.

(1) All data obtained from medical records of individual patients is for the confidential use of the department and the private or public persons or entities that the department determines may view such records as provided in sections 81-663 to 81-675.

(2) The department may approve individuals or entities to obtain access to case-specific data or case-specific and patient-identifying data to assist in their research for prevention, cure, or control of cancer. Any information released from the cancer registry shall be disclosed as provided in sections 81-663 to 81-675.

(3) For purposes of protecting the public health, local health departments in Nebraska, health departments or cancer registries located outside Nebraska, and the Centers for Disease Control and Prevention and the National Cancer Institute of the United States Department of Health and Human Services or their successors may have access to the data contained in the cancer registry upon the department's approval based on the entity's written application.

Source:Laws 1982, LB 212, § 6; Laws 1986, LB 925, § 4; Laws 1991, LB 703, § 72; Laws 1992, LB 1019, § 123; Laws 1993, LB 536, § 117; Laws 2006, LB 994, § 111;    Laws 2007, LB185, § 48.    


81-648. Cancer registry; liability for providing information; limitation.

No hospital, medical doctor, osteopathic physician, or dentist nor any administrator, officer, or employee of such hospital or office in which any such professional practices take place who is in compliance with sections 81-642 to 81-650 and 81-663 to 81-675 shall be civilly or criminally liable for divulging the information required pursuant to such sections. The department or any of its officials or employees shall not be liable civilly or criminally for the release of information contained in the cancer registry or for the conduct or activities of any individual or entity permitted access to data of the cancer registry if done pursuant to sections 81-663 to 81-675.

Source:Laws 1982, LB 212, § 7; Laws 1989, LB 342, § 40; Laws 1991, LB 703, § 73; Laws 1993, LB 536, § 118.


81-649. Cancer registry; sections, how construed; patient and patient's family; privacy rights.

Sections 81-642 to 81-650 shall not be deemed to compel any individual to submit to any medical examination or supervision by the department, any of its authorized representatives, or an approved researcher. No person who seeks information or obtains registry data pursuant to such sections or sections 81-663 to 81-675 shall contact a patient on the registry or such patient's family unless the registry has first obtained the permission of such patient or patient's family. The registry shall coordinate its activities with the person desiring such contact and may authorize the person desiring such contact to perform these contacts under the direction of the registry.

Source:Laws 1982, LB 212, § 8; Laws 1991, LB 703, § 74; Laws 1993, LB 536, § 119; Laws 2002, LB 1021, § 105.    


81-649.01. Repealed. Laws 1993, LB 536, § 128.

81-649.02. Cancer registry; hospital; failure to report; penalty.

Any hospital which fails to make reports as provided in sections 81-642 to 81-650 shall be guilty of a Class V misdemeanor for each offense.

Source:Laws 1991, LB 703, § 76.


81-650. Cancer registry; Department of Health and Human Services; annual report.

The department shall submit electronically an annual report to the Legislature's Health and Human Services Committee with the documentation on the operation and performance of the cancer registry program established pursuant to sections 81-642 to 81-650.

Source:Laws 1982, LB 212, § 9; Laws 1992, LB 965, § 4; Laws 2012, LB782, § 168.    


81-651. Services authorized; powers.

(1) The Department of Health and Human Services may provide visiting community nursing services or home health services to persons living in the state and may charge fees for such services. The department shall not be exempt from licensure as a home health agency under the Health Care Facility Licensure Act.

(2) The department may organize, license, and operate home health agencies to assist in providing services under subsection (1) of this section.

(3) The department (a) may employ necessary personnel, including, but not limited to, licensed nurses, physical therapists, physical therapy assistants, audiologists, speech-language pathologists, audiology or speech-language pathology assistants, occupational therapists, occupational therapy assistants, home health aides, homemakers, respiratory care practitioners, nutritionists, social workers, and supervisory personnel, and may purchase equipment and materials necessary to maintain an effective program or (b) may contract with individuals or licensed agencies to obtain such services or to assist in providing services under subsection (1) of this section.

(4) The department may contract with any public, private, for-profit, or nonprofit agency or individual to provide home health services through any licensed home health agency created under subsection (2) of this section.

Source:Laws 1987, LB 389, § 2; Laws 1988, LB 1100, § 179; Laws 1989, LB 429, § 41; Laws 1996, LB 1044, § 849; Laws 1996, LB 1155, § 78; Laws 1997, LB 608, § 25; Laws 2000, LB 819, § 155;    Laws 2007, LB247, § 57.    


Cross References

81-652. Home health agency; funding authorized.

The Department of Health and Human Services may (1) charge and receive fees, (2) accept third-party reimbursements or matching funds from any federal governmental agency, private corporation, or other public or private organization or entity, and (3) accept grants or donations from any public or private agency, organization, or entity for services provided by any home health agency operated by the department. Such funds shall be paid to the state treasury and credited to the Health and Human Services Cash Fund.

Source:Laws 1987, LB 389, § 3; Laws 1996, LB 1044, § 850; Laws 2007, LB296, § 740.    


81-653. Act, how cited; brain injury registry; legislative intent.

(1) Sections 81-653 to 81-662 shall be known and may be cited as the Brain Injury Registry Act.

(2) The intent of the Brain Injury Registry Act is to require the establishment and maintenance of a brain injury registry in and for the State of Nebraska.

(3) The purpose of the brain injury registry is to provide a central data bank of accurate, precise, and current information to assist in the statistical identification of persons with brain or head injury, planning for the treatment and rehabilitation of such persons, and the prevention of such injury.

Source:Laws 1992, LB 308, § 1; Laws 2008, LB928, § 33.    


81-654. Brain injury registry; terms, defined.

For purposes of the Brain Injury Registry Act:

(1) Brain or head injury means clinically evident neurotrauma resulting directly or indirectly from closed or penetrating brain or head trauma, infection, febrile condition, anoxia, vascular lesions, toxin, or spinal cord injury, not primarily related to congenital or degenerative conditions, chemical dependency, or aging processes, which impairs mental, cognitive, behavioral, or physical functioning; and

(2) Department means the Department of Health and Human Services.

Source:Laws 1992, LB 308, § 2; Laws 1996, LB 1044, § 851; Laws 2007, LB296, § 741;    Laws 2008, LB928, § 34.    


81-655. Brain injury registry; Department of Health and Human Services; establish and maintain; information released.

The department shall establish and maintain the brain injury registry. The registry shall consist of information concerning persons with brain or head injury that occurs within the state. The registry shall include such information as the department deems necessary and appropriate for the statistical identification of persons with brain or head injury, planning for the treatment and rehabilitation of such persons, and the prevention of such injury. Any information released from the registry shall be disclosed as Class I, Class II, and Class IV data as provided in sections 81-663 to 81-675.

Source:Laws 1992, LB 308, § 3; Laws 1993, LB 536, § 120; Laws 2008, LB928, § 35.    


81-656. Brain injury registry; Department of Health and Human Services; duties.

In order to implement the intent and purposes of the Brain Injury Registry Act, the department shall:

(1) Adopt and promulgate necessary rules and regulations to carry out the act, including, but not limited to, a uniform system of classification of brain or head injury which is consistent with medically and clinically accepted standards and definitions for use in reporting by treating medical personnel and hospitals. In adopting and promulgating such rules and regulations, the department shall be guided by the standards and definitions of the International Classification of Disease, Clinical Modification Coding System of the World Health Organization;

(2) Execute any contracts that the department deems necessary to carry out the act; and

(3) Comply with all necessary requirements in order to obtain funds or grants.

Source:Laws 1992, LB 308, § 4; Laws 1993, LB 536, § 121; Laws 2005, LB 301, § 66;    Laws 2008, LB928, § 36.    


81-657. Brain injury registry; physician, psychologist, hospital, and rehabilitation center; report required; contents.

(1) If a person with brain or head injury is treated in this state in the office of a physician or psychologist licensed to practice in this state but is not admitted to a hospital within this state, the treating physician or psychologist shall provide a report of such injury to the department within thirty days after such treatment and identification of the person sustaining such injury.

(2) If a person with brain or head injury is admitted to or treated at a hospital or a rehabilitation center located within a hospital in this state, such hospital or rehabilitation center shall provide a report of such injury to the department within thirty days after the discharge of such person from the hospital or rehabilitation center.

(3) A report provided under this section shall contain the following information about the person who has sustained the brain or head injury, if known:

(a) Name;

(b) Date of birth;

(c) Gender;

(d) Residence;

(e) Date of the injury;

(f) Final diagnosis or classification of the injury according to the International Classification of Disease, Clinical Modification Coding System of the World Health Organization, as adopted by the department;

(g) Cause of the injury and, if practicable, whether the injury resulted from an accident involving the use of alcohol;

(h) Place or site of occurrence of the injury;

(i) Identification of the reporting source;

(j) Disposition upon discharge;

(k) Payor source; and

(l) Any additional information the department deems necessary and appropriate to carry out the purposes of the Brain Injury Registry Act.

Source:Laws 1992, LB 308, § 5; Laws 1998, LB 1073, § 163; Laws 2001, LB 152, § 1;    Laws 2006, LB 1178, § 1;    Laws 2007, LB463, § 1312;    Laws 2008, LB928, § 37.    


81-658. Repealed. Laws 2006, LB 1178, § 4.

81-659. Brain injury registry; certain data; confidential; access; when.

No patient-identifying data as defined in section 81-664 shall be disclosed, made public, or released by the department to any public or private person or entity. All other data obtained from medical records of persons sustaining brain or head injury is for the confidential use as Class I, Class II, or Class IV data of the department and the private or public persons or entities that the department determines may view such records as provided in sections 81-663 to 81-675.

Source:Laws 1992, LB 308, § 7; Laws 1993, LB 536, § 122; Laws 2008, LB928, § 38.    


81-660. Brain injury registry; liability for providing information; limitation.

No physician, psychologist, hospital, or administrator, officer, or employee of a hospital or medical professional who is in compliance with sections 81-657 and 81-663 to 81-675 shall be civilly or criminally liable for disclosing the information required under section 81-657.

Source:Laws 1992, LB 308, § 8; Laws 1993, LB 536, § 123; Laws 2006, LB 1178, § 2;    Laws 2008, LB928, § 39.    


81-661. Repealed. Laws 2008, LB 928, § 47.

81-662. Brain injury; department; provide information regarding services.

Within thirty days after receiving a report of brain or head injury, the department shall provide relevant and timely information to the person with such injury to assist such person in accessing necessary and appropriate services relating to such injury. The department may develop such information or utilize information developed by other sources and approved by the department. The department may provide such information directly or contract with an appropriate entity to provide such information. Costs associated with providing such information shall be paid from cash funds, gifts, and grants. No General Funds shall be used to pay such costs. Funds received by the department for the payment of such costs shall be remitted to the State Treasurer for credit to the Health and Human Services Cash Fund. The department shall not be required to provide information under this section if sufficient funding is unavailable.

Source:Laws 2008, LB928, § 40.    


81-663. Release of data; legislative findings.

The Legislature finds that there is a need to establish a framework for consistent release of medical record and health information from the many registries and data bases the department maintains for the State of Nebraska. The purpose of the release of data is to encourage research which will protect the health and safety of the citizens of Nebraska by assisting in the prevention, cure, and control of specific diseases or injuries.

Source:Laws 1993, LB 536, § 1; Laws 1996, LB 1044, § 853; Laws 2007, LB296, § 743.    


81-664. Terms, defined.

For purposes of sections 81-663 to 81-675:

(1) Aggregate data means data contained in the medical record and health information registries maintained by the department which is compiled in a statistical format and which does not include patient-identifying data;

(2) Approved researcher means an individual or entity which is approved by the department pursuant to section 81-666 to obtain access to data contained in the medical record and health information registries maintained by the department to assist in the scientific or medical research for the prevention, cure, or control of a disease or injury process;

(3) Case-specific data means data contained in the medical record and health information registries concerning a specific individual other than patient-identifying data;

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

(5) Medical record and health information registry means the system of reporting certain medical conditions occurring in this state, as prescribed by law, which are reported and recorded in order to achieve the goals of prevention, cure, and control through research and education, and includes the birth defects registry established in section 71-646, the cancer registry established in sections 81-642 to 81-650, the brain injury registry established in the Brain Injury Registry Act, and the Parkinson's Disease Registry established in the Parkinson's Disease Registry Act;

(6) Patient-identifying data means the patient's name, address, record number, symbol, or other identifying particular assigned to or related to an individual patient; and

(7) Research means study specific to the diseases or injuries for which access to data is requested and which is dedicated to the prevention, cure, or control of the diseases or injuries.

Source:Laws 1993, LB 536, § 2; Laws 1996, LB 496, § 17; Laws 1996, LB 1044, § 854; Laws 2001, LB 152, § 3;    Laws 2001, LB 209, § 34;    Laws 2007, LB296, § 744;    Laws 2008, LB928, § 41.    


Cross References

81-665. Department of Health and Human Services; duties.

To implement the intent and purposes of sections 81-663 to 81-675, the department shall:

(1) Adopt and promulgate necessary rules and regulations, including rules and regulations for the frequency and form of information submitted and for standards and procedures for approving researchers;

(2) Execute contracts that the department considers necessary; and

(3) Receive and record the data obtained from the medical and health information records of persons with particular diseases or injuries.

Source:Laws 1993, LB 536, § 3.


81-666. Approved researcher; application; contents; Department of Health and Human Services; powers.

The department may approve an individual or entity to be an approved researcher upon application and proof satisfactory to the department that the applicant is a qualified researcher, that the data will be used for bona fide scientific or medical research for prevention, cure, or control of certain diseases or injuries, and that the applicant will maintain the confidentiality and security of data obtained. The application shall contain, but not be limited to, the following information:

(1) The qualifications of the applicant and of the principal investigator, if other than the applicant, including education, experience, prior publications, and recommendations of professional colleagues who have knowledge and experience of scientific or medical research;

(2) The purpose of the research project, a summary of the project, and the anticipated time of completion of such project;

(3) The location where the research project will be conducted and the equipment, personnel, and other resources available to the applicant to carry out the project;

(4) The identity of the individual or entity funding the research project, a description of the availability of funds for the research project, and any conditions on the receipt or continuation of such funding;

(5) The specific data requested and a description of the use to be made of such data and, if patient-identifying data is requested, a substantiation of the need for access to such patient-identifying data;

(6) A description of the measures to be taken to secure the data and maintain the confidentiality of such data during the research project, for disposal of the data upon completion of the study, and to assure that the results of the study will not divulge or make public information that will disclose the identity of any individual patient;

(7) If contact with a patient or patient's family is planned or expected, substantiation of the need for such contact and a description of the method to be used to obtain permission from such patient or patient's family for such contact; and

(8) Such additional information as the department determines to be necessary to assure that release of data to the applicant is appropriate and will further the purpose of sections 81-663 to 81-675 or the laws governing the specific registry.

Source:Laws 1993, LB 536, § 4; Laws 2002, LB 1021, § 106.    


81-667. Medical records; classification.

Medical records provided to the department for use in its medical record and health information registries shall be classified for release according to the following categories:

(1) Class I data shall be confidential with release only in aggregate data reports created by the department on a periodic basis, usually specified in the statutes creating the registry. These reports shall be public documents;

(2) Class II data shall be confidential with release only in aggregate data reports created by the department at the request of an individual. These reports shall be public documents;

(3) Class III data shall be confidential with release of patient-identifying data to approved researchers for specific research projects. The approved researcher shall maintain the confidentiality of the information; and

(4) Class IV data shall be confidential with release of case-specific data to approved researchers for specific research projects. The approved researcher shall maintain the confidentiality of the data.

Source:Laws 1993, LB 536, § 5.


81-668. Case-specific and patient-identifying data; confidentiality; aggregate data; cost.

All case-specific and patient-identifying data obtained from medical records of individual patients shall be for the confidential use of the department, those reporting data to the department, and the public health agencies and approved researchers that the department determines may view such records in order to carry out the intent of sections 81-663 to 81-675. Such information shall be privileged and shall not otherwise be divulged or made public so as to disclose the identity of an individual whose medical records and health information have been used for acquiring such data. Aggregate data collected shall be open and accessible to the public, and such information shall not be considered medical records pursuant to section 84-712.05. The cost of data retrieval and data processing shall be paid by the data requester.

Case-specific and patient-identifying data may be released to those individuals or entities who have reported information to the department. Such data may be released for the purpose of confirming the accuracy of the data provided and to coordinate information among sources.

Source:Laws 1993, LB 536, § 6; Laws 2006, LB 994, § 112.    


81-669. Case-specific and patient-identifying data; use in legal proceeding; prohibited.

All case-specific and patient-identifying data furnished and any findings or conclusions resulting from such data shall be privileged communications which may not be used or offered or received in evidence in any legal proceeding of any kind, and any attempt to use or offer any such information, findings, conclusions, or any part thereof, unless waived by the interested parties, shall constitute prejudicial error resulting in a mistrial in any such proceeding.

Source:Laws 1993, LB 536, § 7.


81-670. Research project; department; review.

The approved researcher shall submit the reports or results of the research project to the department. The department shall review such reports or results and shall prohibit publication of confidential information. The approved researcher shall acknowledge the department and its medical record and health information registries in any publication in which information obtained from the medical record and health information registries is used.

Source:Laws 1993, LB 536, § 8.


81-671. Release of information to public health departments and agencies; requirements.

(1) Except as otherwise provided by the law governing a specific medical record and health information registry, the department may release information contained in a registry to official public health departments and agencies as follows:

(a) Upon request by an official local health department within the State of Nebraska, the department may release such data to the requesting local health department. The official local health department shall not contact patients using data received under sections 81-663 to 81-675 without approval by the department of an application made pursuant to section 81-666; and

(b) Upon approval of an application by federal, state, or local official public health agencies made pursuant to section 81-666, the department may release such data.

(2) Except as provided in subsection (3) of this section, the receiving agency shall not further disclose such data to any third party but may publish aggregate statistical reports, except that no patient-identifying data shall be divulged, made public, or released to any public or private person or entity. The receiving agency shall comply with the patient contact provisions of sections 81-663 to 81-675. The receiving agency shall acknowledge the department and its medical record and health information registries in any publication in which information obtained from the medical record and health information registries is used.

(3) The release and acknowledgment provisions of this section do not apply to the Centers for Disease Control and Prevention of the United States Public Health Service of the United States Department of Health and Human Services, the North American Association of Central Cancer Registries, or cancer registries located outside Nebraska which receive data through approved data exchange agreements.

Source:Laws 1993, LB 536, § 9; Laws 2006, LB 994, § 113;    Laws 2007, LB185, § 49;    Laws 2008, LB797, § 28.    


81-672. Receipt or release of information; immunity; exception.

Any person who receives or releases information in the form and manner prescribed by sections 81-663 to 81-675 and the rules and regulations adopted and promulgated pursuant to such sections shall not be civilly or criminally liable for such receipt or release unless the receipt or release is done with actual malice, fraudulent intent, or bad faith. In an action brought against a person for wrongful receipt or release of medical record and health information registry information, the party bringing the action shall plead specifically the allegation that the immunity provided in this section does not apply because the person receiving or releasing the information did so with actual malice, fraudulent intent, or bad faith.

Source:Laws 1993, LB 536, § 10; Laws 2001, LB 152, § 4.    


81-673. Patient and patient's family; privacy rights.

Nothing in sections 81-663 to 81-675 shall be deemed to compel any individual to submit to any medical examination or supervision by the department, any of its authorized representatives, or an approved researcher. No person who seeks information or obtains registry data pursuant to such sections shall contact a patient on the registry or such patient's family unless the registry has first obtained the permission of such patient or patient's family. The registry shall coordinate its activities with the person desiring such contact and may authorize the person desiring such contact to perform these contacts under the direction of the registry.

Source:Laws 1993, LB 536, § 11; Laws 2002, LB 1021, § 107.    


81-674. Violations; penalty.

Any private or public entity, individual, or approved researcher who wrongfully discloses confidential data obtained from the medical record and health information registries or uses such information with the intent to deceive shall be guilty of a Class IV misdemeanor for each offense.

Source:Laws 1993, LB 536, § 12.


81-675. Rules and regulations.

The department shall adopt and promulgate rules and regulations to implement sections 81-663 to 81-674.

Source:Laws 1993, LB 536, § 13.


81-676. Health care data analysis section; established.

The Department of Health and Human Services shall establish a health care data analysis section to conduct data and research initiatives in order to improve the efficiency and effectiveness of health care in Nebraska.

Source:Laws 1994, LB 1223, § 122; Laws 1996, LB 1044, § 855; Laws 2007, LB296, § 745.    


81-677. Health care data analysis section; duties.

The Department of Health and Human Services, through the health care data analysis section, shall:

(1) Conduct research using existing health care data bases and promote applications based on existing research;

(2) Work closely with health plans and health care providers to promote improvements in health care efficiency and effectiveness;

(3) Participate as a partner or sponsor of private-sector initiatives that promote applied research on health care delivery, outcomes, costs, quality, and management; and

(4) Provide technical assistance as needed.

Source:Laws 1994, LB 1223, § 123; Laws 1996, LB 1044, § 856; Laws 2007, LB296, § 746.    


81-678. Health care data analysis section; data and research initiatives; requirements.

Data and research initiatives by the health care data analysis section of the Department of Health and Human Services shall:

(1) Promote applied research on health care delivery, outcomes, costs, quality, and management;

(2) Conduct research and promote health care applications based on scientifically sound and statistically valid methods;

(3) Emphasize data that is useful and relevant and is not redundant of existing data;

(4) Be structured to minimize the administrative burden on health plans, health care providers, and the health care delivery system; and

(5) Promote continuous improvement in the efficiency and effectiveness of health care delivery.

Source:Laws 1994, LB 1223, § 124; Laws 1996, LB 1044, § 857; Laws 2007, LB296, § 747.    


81-679. Health care data analysis section; public-sector health care programs; requirements.

Data and research initiatives by the health care data analysis section of the Department of Health and Human Services related to public-sector health care programs shall:

(1) Assist the state's current health care financing and delivery programs to deliver and purchase health care in a manner that promotes improvements in health care efficiency and effectiveness;

(2) Assist the state in its public health activities, including the analysis of disease prevalence and trends and the development of public health responses;

(3) Assist the state in developing and refining its overall health policy, including policy related to health care costs, quality, and access; and

(4) Provide health care information that allows the evaluation of state health care financing and delivery programs.

Source:Laws 1994, LB 1223, § 125; Laws 1996, LB 1044, § 858; Laws 2007, LB296, § 748.    


81-680. Department; contracts and grants; authorized; data collection requirements.

(1) To carry out the duties assigned under sections 81-677 to 81-679, the Department of Health and Human Services may contract with or provide grants to private-sector entities.

(2) The health care data analysis section of the department shall negotiate with private-sector organizations currently collecting data on specific health conditions of interest to the section in order to obtain required data in a cost-effective manner and minimize administrative costs. The section shall support linkages between existing private-sector data bases and shall consider and implement methods to streamline data collection in order to reduce public-sector and private-sector administrative costs.

(3) The health care data analysis section shall use existing public-sector data bases, such as those existing for the medical assistance program and medicare, to the greatest extent possible. The section shall support linkages between existing public-sector data bases and consider and implement methods to streamline public-sector data collection in order to reduce public-sector and private-sector administrative costs.

Source:Laws 1994, LB 1223, § 126; Laws 1996, LB 1044, § 859; Laws 2007, LB296, § 749.    


81-681. Repealed. Laws 2001, LB 209, § 36.

81-682. Repealed. Laws 2001, LB 209, § 36.

81-683. Repealed. Laws 2001, LB 209, § 36.

81-684. Repealed. Laws 2001, LB 209, § 36.

81-685. Repealed. Laws 2001, LB 209, § 36.

81-686. Repealed. Laws 2001, LB 209, § 36.

81-687. Repealed. Laws 2001, LB 209, § 36.

81-688. Repealed. Laws 2001, LB 209, § 36.

81-689. Repealed. Laws 2001, LB 209, § 36.

81-690. Repealed. Laws 2001, LB 209, § 36.

81-691. Repealed. Laws 2001, LB 209, § 36.

81-692. Repealed. Laws 2001, LB 209, § 36.

81-693. Repealed. Laws 2001, LB 209, § 36.

81-694. Repealed. Laws 2001, LB 209, § 36.

81-695. Repealed. Laws 2001, LB 209, § 36.

81-696. Repealed. Laws 2001, LB 209, § 36.

81-697. Act, how cited.

Sections 81-697 to 81-6,110 shall be known and may be cited as the Parkinson's Disease Registry Act.

Source:Laws 2001, LB 152, § 5.    


81-698. Purpose of registry.

The purpose of the Parkinson's Disease Registry is to provide a central data bank of accurate, historical and current information for research purposes. The Parkinson's Disease Registry Act will provide for screening and collecting patient and family data that may be useful in detecting the incidence of and possible risk factors concerning Parkinson's disease and related movement disorders. The act will also aid in planning for health care requirements and education needs.

Source:Laws 2001, LB 152, § 6.    


81-699. Terms, defined.

For purposes of the Parkinson's Disease Registry Act:

(1) Approved researcher means an individual or entity who is approved by the department in accordance with section 81-666 to obtain access to data contained in the Parkinson's Disease Registry to assist in scientific or medical research for the prevention, cure, or control of Parkinson's disease;

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

(3) Parkinson's disease means a chronic, progressive disorder in which there is a lack of the chemical dopamine in the brain as a direct result of the destruction of the dopamine-producing cells in the portion of the brain called the substantia nigra. Clinical features of the disease include tremor at rest, slow movements, rigidity, and unsteady or shuffling gait and may be indicated by improvement after using medications used for Parkinson's disease; and

(4) Related movement disorder means a disorder that resembles Parkinson's disease in some way, such as another kind of tremor.

Source:Laws 2001, LB 152, § 7;    Laws 2007, LB296, § 750.    


81-6,100. Parkinson's Disease Registry; contents.

The department shall establish and maintain the Parkinson's Disease Registry. The registry shall consist of a compilation of the reports of cases of Parkinson's disease and related movement disorders occurring among residents of this state which are with the department. The registry shall include information the department deems necessary and appropriate for the statistical identification and planning for treatment and education of health care providers and persons diagnosed with Parkinson's disease and related movement disorders.

Source:Laws 2001, LB 152, § 8.    


81-6,101. Department; duties.

The department shall:

(1) Adopt and promulgate rules and regulations, including a uniform system of classification of Parkinson's disease which is consistent with medically and clinically accepted standards and definitions for use in reporting by medical personnel treating the disease;

(2) Execute any contracts that the department deems necessary to carry out the Parkinson's Disease Registry Act;

(3) Receive and record the data obtained from reports filed under sections 81-6,102 and 81-6,103; and

(4) Comply with all necessary requirements to obtain funds or grants.

Source:Laws 2001, LB 152, § 9;    Laws 2005, LB 301, § 67.    


81-6,102. Diagnosis; report; contents.

(1) If a resident of this state is diagnosed with Parkinson's disease or a related movement disorder within this state in the office of a physician licensed under the Uniform Credentialing Act, the physician shall file a report of the diagnosis and pertinent information with the department within sixty days after the diagnosis.

(2) An individual resident of this state who has been diagnosed with Parkinson's disease or a related movement disorder by a licensed physician may file a report with the department providing relevant information. The department shall provide for validation of individual reports.

(3) A report filed under this section shall contain the following information about the person diagnosed with Parkinson's disease or a related movement disorder:

(a) Name;

(b) Social security number;

(c) Date of birth;

(d) Gender;

(e) Address at time of diagnosis;

(f) Current address;

(g) Date of diagnosis;

(h) Physician;

(i) Identification of reporting source; and

(j) Any additional information the department demonstrates is reasonable to implement the Parkinson's Disease Registry Act.

Source:Laws 2001, LB 152, § 10;    Laws 2007, LB463, § 1313.    


Cross References

81-6,103. Pharmacist; report; department; duty.

The pharmacist in charge of each pharmacy located within the state or doing business in the state shall file a semiannual report with the department listing persons to whom the pharmacist has dispensed drugs on the list of drugs required to be reported under this section for Parkinson's disease. The report shall include the name, address, and social security number of the person for whom the drugs were prescribed and the name and address of the prescribing physician. The department shall issue a list of drugs used for the treatment of Parkinson's disease to be reported under this section, shall review and revise the list annually, and shall distribute the list to each pharmacy located within the state or doing business in the state.

Source:Laws 2001, LB 152, § 11.    


81-6,104. Release of data; other sections applicable.

All data and information developed or collected pursuant to the Parkinson's Disease Registry Act and the receipt and release of data from the Parkinson's Disease Registry is subject to and shall comply with sections 81-663 to 81-675. For purposes of the Parkinson's Disease Registry, data may be released as Class I data, Class II data, Class III data, or Class IV data as classified in section 81-667.

Source:Laws 2001, LB 152, § 12.    


81-6,105. Patient and patient's family; privacy rights.

Nothing in the Parkinson's Disease Registry Act shall be deemed to compel any individual to submit to any medical examination or supervision by the department, any of its authorized representatives, or an approved researcher. No person who seeks information or obtains registry data pursuant to the act shall contact a patient on the registry or such patient's family unless the registry has first obtained the permission of such patient or patient's family. The registry shall coordinate its activities with the person desiring such contact and may authorize the person desiring such contact to perform these contacts under the direction of the registry.

Source:Laws 2001, LB 152, § 13;    Laws 2002, LB 1021, § 108.    


81-6,106. Refusal to provide information; effect.

Nothing in the Parkinson's Disease Registry Act requires a physician or pharmacist to deny medical treatment or services to an individual who refuses to provide the information necessary to make complete reports required under section 81-6,102 or 81-6,103.

Source:Laws 2001, LB 152, § 14.    


81-6,107. Immunity from liability.

Any physician or pharmacist required to make reports under section 81-6,102 or 81-6,103 is immune from liability, civil, criminal, or otherwise, for filing an incomplete report as a result of the failure of an individual to provide the information necessary to make such report.

Source:Laws 2001, LB 152, § 15;    Laws 2003, LB 667, § 23.    


81-6,108. Repealed. Laws 2003, LB 667, § 26.

81-6,109. Transition from prior law.

(1) On and after May 26, 2001, for purposes of the Parkinson's Disease Registry Act:

(a) Any rules, regulations, and orders of the Department of Health and Human Services Regulation and Licensure adopted pursuant to the former Parkinson's Disease Registry Act, as such act existed prior to February 14, 2001, and in effect on February 13, 2001, shall be revived and continue in effect until revised, amended, repealed, or nullified pursuant to law;

(b) Any contracts entered into by the department prior to February 14, 2001, and in effect on February 13, 2001, in connection with the duties and functions of the former act are recognized and may be revived upon the agreement of all contract parties. If revived, the department shall succeed to all rights and obligations under such contracts;

(c) Any cash funds, custodial funds, gifts, trusts, grants, and appropriations of funds which were available for use by the department for purposes of the former act shall continue to be available for use by the department if such funds continue to exist; and

(d) Any documents created, information compiled, or property used by the department under the former act shall continue to be available to and may be used by the department.

(2) For purposes of this section, former act means the Parkinson's Disease Registry Act, as such act existed prior to February 14, 2001, which act was outright repealed in Laws 2001, LB 209.

Source:Laws 2001, LB 152, § 17.    


81-6,110. Costs; how paid; termination of registry; when.

Costs associated with administration of the Parkinson's Disease Registry Act shall be paid from cash funds, contract receipts, gifts, and grants. No general funds shall be used to pay such costs. Funds received by the department for the payment of such costs shall be remitted to the State Treasurer for credit to the Health and Human Services Cash Fund. Notwithstanding any other provision of the act, the Parkinson's Disease Registry and all duties related to the administration of such registry and such act shall cease as of June 30 of any year in which the department has insufficient funds on hand to perform its duties under the act for the next fiscal year, after providing thirty days' written notice to each approved researcher who has contracted with the department under section 81-6,101 in the current biennium.

Source:Laws 2001, LB 152, § 18;    Laws 2003, LB 667, § 24;    Laws 2007, LB296, § 751.    


81-6,111. Act, how cited.

Sections 81-6,111 to 81-6,119 shall be known and may be cited as the Outpatient Surgical Procedures Data Act.

Source:Laws 2003, LB 73, § 1.    


81-6,112. Purposes of act.

The purposes of the Outpatient Surgical Procedures Data Act are to provide for: (1) The collection and compilation of outpatient surgical procedure information from hospitals and ambulatory surgical centers; (2) the use and disclosure of such information for public health purposes; and (3) periodic reporting to the Legislature and an annual statistical report.

Source:Laws 2003, LB 73, § 2.    


81-6,113. Terms, defined.

For purposes of the Outpatient Surgical Procedures Data Act:

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

(2) Medicaid means the medical assistance program established pursuant to the Medical Assistance Act;

(3) Medicare means Title XVIII of the federal Social Security Act, as such title existed on January 1, 2003;

(4) Outpatient surgical procedure means a surgical procedure provided to patients who do not require inpatient hospitalization;

(5) Primary payor means the public payor or private payor which is expected to be responsible for the largest percentage of the patient's current bill;

(6) Private payor means any nongovernmental source of funding; and

(7) Public payor means medicaid, medicare, and any other governmental source of funding.

Source:Laws 2003, LB 73, § 3;    Laws 2006, LB 1248, § 88;    Laws 2007, LB296, § 752.    


Cross References

81-6,114. Hospital and ambulatory surgical center; reports required.

(1) Every hospital or ambulatory surgical center licensed under the Health Care Facility Licensure Act shall annually report the following outpatient surgical and related information to the department no later than May 1 of each year for the preceding calendar year in a format as prescribed by the department in rule and regulation:

(a) The name of the reporting facility;

(b) The facility portion of billed charges for each patient served at such facility;

(c) The county and state of residence by zip code for each patient served at such facility;

(d) The primary outpatient surgical procedure performed for each patient at such facility;

(e) The primary payor for each patient served at such facility; and

(f) Such other outpatient surgical information as voluntarily reported by such facilities.

(2) The department may impose a late fee for failure to report such information as required by this section.

Source:Laws 2003, LB 73, § 4.    


Cross References

81-6,115. Information; confidentiality.

All information reported to the department pursuant to section 81-6,114 shall be privileged communications, shall not be discoverable or subject to subpoena, and may not be used or offered or received in evidence in any legal proceeding of any kind or character. Such information shall remain confidential with the department and shall not be disclosed except as provided in sections 81-6,116 and 81-6,117.

Source:Laws 2003, LB 73, § 5.    


81-6,116. Information; use.

(1) Information reported under section 81-6,114 may be used by the department for statistical and public health planning purposes and for other public health purposes as identified by the department in rule and regulation.

(2) The department shall periodically review information collected under section 81-6,114 for the purpose of identifying potential policies or practices of any reporting facility which may be detrimental to the public health, including, but not limited to, policies and practices which may have the effect of limiting access to needed health care services for Nebraska residents. The department shall provide electronically recommendations to the Health and Human Services Committee of the Legislature relating to appropriate administrative and legislative responses to such policies and practices and shall provide electronically an annual report to the chairperson of such committee of its findings and its current or planned activities under this section, if any.

Source:Laws 2003, LB 73, § 6;    Laws 2012, LB782, § 169.    


81-6,117. Department; annual statistical report.

The department shall publish an annual statistical report from information collected under section 81-6,114 which shall include: (1) The twenty most frequently performed outpatient surgical procedures by type of procedure; (2) the total number of persons served for each listed procedure; (3) the total number of persons served by county and state of residence and region of service; and (4) the average billed charges for such procedures by county and state of residence. The department shall designate service regions for the purpose of aggregating and reporting information as required by this section. No information shall be published or disclosed by the department under this section in a manner that identifies or may be used to identify any individual hospital or ambulatory surgical center.

Source:Laws 2003, LB 73, § 7.    


81-6,118. Costs; use in establishing licensure fees.

Costs associated with implementation of the Outpatient Surgical Procedures Data Act may be considered by the department in determining variable costs for purposes of establishing licensure fees under section 71-434 and shall not require an appropriation of General Funds.

Source:Laws 2003, LB 73, § 8.    


81-6,119. Rules and regulations.

The department shall adopt and promulgate rules and regulations to implement the Outpatient Surgical Procedures Data Act. Such rules and regulations shall comply with all applicable provisions of federal law and shall minimize the imposition of additional costs to reporting facilities.

Source:Laws 2003, LB 73, § 9.    


81-6,120. Transportation services; restrictions on providers; criminal history record information check required; fingerprinting; costs; release of results; violation; penalty.

(1) No individual who has been convicted of a felony or of any crime involving moral turpitude, or who has been charged with or indicted for a felony or crime involving moral turpitude and there has been no final resolution of the prosecution of the crime, shall provide transportation services under contract with the Department of Health and Human Services, whether as an employee or as a volunteer, for vulnerable adults as defined in section 28-371 or for persons under nineteen years of age.

(2) In order to assure compliance with subsection (1) of this section, any individual who will be providing such transportation services to such vulnerable adults or persons under nineteen years of age and any individual who is providing such services on August 30, 2009, shall be subject to a national criminal history record information check by the Department of Health and Human Services through the Nebraska State Patrol.

(3) In addition to the national criminal history record information check required in subsection (2) of this section, all individuals employed to provide transportation services under contract with the Department of Health and Human Services to vulnerable adults or persons under nineteen years of age shall submit to a national criminal history record information check every two years during the period of such employment.

(4) Individuals shall submit two full sets of fingerprints to the Nebraska State Patrol to be submitted to the Federal Bureau of Investigation for the national criminal history record information check required under this section. The individual shall pay the actual cost of fingerprinting and the national criminal history record information check.

(5)(a) Individuals shall authorize release of the results and contents of a national criminal history record information check under this section to the employer and the Department of Health and Human Services as provided in this section.

(b) The Nebraska State Patrol shall not release the contents of a national criminal history record information check under this section to the employer or the individual but shall only indicate in writing to the employer and the individual whether the individual has a criminal record.

(c) The Nebraska State Patrol shall release the results and the contents of a national criminal history record information check under this section in writing to the department in accordance with applicable federal law.

(6) The Department of Health and Human Services may develop and implement policies that provide for administrative exceptions to the prohibition in subsection (1) of this section, including, but not limited to, situations in which relatives of the vulnerable adult or person under nineteen years of age provide transportation services for such vulnerable adult or person under nineteen years of age or situations in which the circumstances of the crime or the elapsed time since the commission of the crime do not warrant the prohibition. Any decision made by the department regarding an administrative exception under this section is discretionary and is not appealable.

(7) An individual who does not comply with this section is guilty of a Class V misdemeanor.

Source:Laws 2009, LB97, § 30.    


81-6,121. Persons with disabilities; legislative findings and declarations.

The Legislature finds and declares that:

(1) In 1999 the United States Supreme Court held in the case of Olmstead v. L.C., 527 U.S. 581, that unjustified segregation of persons with disabilities constitutes discrimination in violation of Title II of the federal Americans with Disabilities Act of 1990. The court held that public entities must provide community-based services to persons with disabilities when (a) such services are appropriate, (b) the affected persons do not oppose community-based services, and (c) community-based services can be reasonably accommodated, taking into account the resources available to the public entity and the needs of others who are receiving disability services from the entity. The court stated that institutional placement of persons who can handle and benefit from community-based services perpetuates unwarranted assumptions that persons so isolated are incapable or unworthy of participating in community life, and that confinement in an institution severely diminishes the everyday life activities of individuals, including family relations, social contacts, work options, economic independence, educational advancement, and cultural enrichment;

(2) Many Nebraskans with disabilities live in institutional placements where they are segregated and isolated with diminished opportunities to participate in community life; and

(3) The United States Supreme Court further stated in the Olmstead decision that development of (a) a comprehensive, effective working plan for providing services to qualified persons with disabilities in the most integrated community-based settings and (b) a waiting list that moves at a reasonable pace could be important ways for a state to demonstrate its commitment to achieving compliance with the federal Americans with Disabilities Act of 1990.

Source:Laws 2016, LB1033, § 1.    


81-6,122. Strategic plan for providing services; department; duties; advisory committee; report; contents.

(1) The Department of Health and Human Services shall develop a comprehensive strategic plan for providing services to qualified persons with disabilities in the most integrated community-based settings pursuant to the Olmstead decision.

(2) The department shall (a) convene a team consisting of persons from each of the six divisions of the department to assess components of the strategic plan which may be in development; (b) consult with other state agencies that administer programs serving persons with disabilities; (c) appoint and convene a stakeholder advisory committee to assist in the review and development of the strategic plan, such committee members to include a representative from the State Advisory Committee on Mental Health Services, the Advisory Committee on Developmental Disabilities, the Nebraska Statewide Independent Living Council, the Nebraska Planning Council on Developmental Disabilities, the Division of Rehabilitation Services in the State Department of Education, a housing authority in a city of the first or second class and a housing authority in a city of the primary or metropolitan class, the Assistive Technology Partnership, the protection and advocacy system for Nebraska, an assisted-living organization, the behavioral health regions, mental health practitioners, developmental disability service providers, an organization that advocates for persons with developmental disabilities, an organization that advocates for persons with mental illness, an organization that advocates for persons with brain injuries, and an area agency on aging, and including two persons with disabilities representing self-advocacy organizations, and, at the department’s discretion, other persons with expertise in programs serving persons with disabilities; (d) determine the need for a consultant to assist with the development of the strategic plan; (e) provide a preliminary progress report to the Legislature and the Governor by December 15, 2016, which includes, but is not limited to, (i) the components of the strategic plan which may be in development and (ii) the department’s recommendation on hiring a consultant; (f) provide a second progress report to the Legislature and the Governor by December 15, 2017; and (g) provide the completed strategic plan to the Legislature and the Governor by December 15, 2018. The reports and completed plan shall be submitted electronically to the Legislature.

Source:Laws 2016, LB1033, § 2.    


81-701. Repealed. Laws 1955, c. 148, § 63.

81-701.01. Department of Transportation; Director-State Engineer; control, management, supervision, administration.

The Director-State Engineer shall have full control, management, supervision, administration, and direction of the Department of Transportation. All powers and duties lawfully conferred upon the department shall be exercised under the direction of the Director-State Engineer.

Source:Laws 1955, c. 338, § 1, p. 1050; Laws 1957, c. 365, § 11, p. 1238; Laws 2017, LB339, § 276.    


81-701.02. Director-State Engineer; powers; duties.

The Director-State Engineer, for the Department of Transportation, shall:

(1) Have charge of the records of the department;

(2) Cause accurate and complete books of account to be kept;

(3) Supervise the signing of vouchers and orders for supplies, materials, and any other expenditures;

(4) Contract for consulting services;

(5) Employ all engineers, assistants, clerks, agents, and other employees required for the proper transaction of the business of the office or of the department and fix their titles, determine their duties and compensation, and discharge them in his or her discretion; and

(6) Sign and execute or supervise the signing and executing of all documents and papers, including contracts and agreements for highway construction and the purchase of machinery, materials, and supplies.

Source:Laws 1955, c. 338, § 2, p. 1050; Laws 1957, c. 365, § 12, p. 1238; Laws 2017, LB339, § 277.    


Cross References

81-701.03. Department of Transportation; assume highway safety program of Department of Motor Vehicles; reference to Department of Roads in contracts or other documents; actions and proceedings; how treated; provisions of law; how construed.

(1) The Department of Transportation shall assume responsibility for the powers and duties of the highway safety program of the Department of Motor Vehicles, except that the Department of Motor Vehicles shall retain jurisdiction over the Motorcycle Safety Education Act.

(2) On and after July 1, 2017, whenever the Department of Roads is referred to or designated by any contract or other document in connection with the duties and functions of the Department of Transportation, such reference or designation shall apply to the Department of Transportation. All contracts entered into by the Department of Roads prior to July 1, 2017, are hereby recognized, with the Department of Transportation retaining all rights and obligations under such contracts. Any cash funds, custodial funds, gifts, trusts, grants, and any appropriations of funds from prior fiscal years available to satisfy obligations incurred under such contracts shall be appropriated to the Department of Transportation for the payments of such obligations. All documents and records transferred, or copies of the same, may be authenticated or certified by the Department of Transportation for all legal purposes.

(3) No suit, action, or other proceeding, judicial or administrative, lawfully commenced prior to July 1, 2017, or which could have been commenced prior to that date, by or against the Department of Roads, or the Director-State Engineer or any employee thereof in such Director-State Engineer's or employee's official capacity or in relation to the discharge of his or her official duties, shall abate by reason of the change of name of the Department of Roads to the Department of Transportation.

(4) On and after July 1, 2017, unless otherwise specified, whenever any provision of law refers to the Department of Roads in connection with duties and functions of the Department of Transportation, such law shall be construed as referring to the Department of Transportation.

Source:Laws 2009, LB219, § 2;    Laws 2017, LB339, § 278.    


Cross References

81-701.04. Department of Transportation; fees; deposited with State Treasurer; credited to Highway Cash Fund.

There shall be paid to the Department of Transportation in advance for the services of the department, or any officer or employee thereof by the party demanding or necessitating the service, the following fees: For typing a transcript or copy of any instrument recorded or filed in any office of the department, fifteen cents for each one hundred words; for blueprint copy of any map or drawing, or photostatic copy of any record, a reasonable sum to be fixed by the department in an amount estimated to cover the actual cost of preparing such a reproduction; for other copies of drawing, two dollars per hour for the time actually employed; and for certificate and seal, one dollar. The Director-State Engineer shall keep a record of all fees received. Such fees shall be currently deposited with the State Treasurer by the Director-State Engineer for the use of the Highway Cash Fund and the Director-State Engineer shall take his or her receipt therefor and file the same with the records of his or her office.

Source:Laws 1957, c. 365, § 23, p. 1241; Laws 1961, c. 181, § 12, p. 543; Laws 2017, LB339, § 279.    


Cross References

81-701.05. Nebraska Railway Council agreement with railroad; oversight.

The Department of Transportation shall oversee any outstanding agreement between a railroad and the Nebraska Railway Council as of August 27, 2011, including making any outstanding payment due to a railroad.

Source:Laws 2011, LB259, § 2;    Laws 2017, LB339, § 280.    


81-701.06. Repealed. Laws 1995, LB 15, § 6.

81-702. Transferred to section 46-801.

81-703. Transferred to section 46-802.

81-704. Transferred to section 46-803.

81-705. Transferred to section 46-804.

81-706. Transferred to section 46-805.

81-707. Transferred to section 46-806.

81-708. Transferred to section 46-807.

81-709. Repealed. Laws 1955, c. 148, § 63.

81-710. State wayside areas; powers and duties of department; rules and regulations; contracts authorized.

The Department of Transportation shall establish, operate, and maintain state wayside areas. Pursuant to the Administrative Procedure Act, the department may adopt and promulgate rules and regulations necessary to govern the use of state wayside areas and may establish fees for services, including overnight camping.

The department may contract with public or private entities for the operation and maintenance of state wayside areas.

If the department determines that an area is no longer suited or needed as a state wayside area, the department may close such area or any part thereof and declare such area or facilities as surplus. The department shall offer to convey the surplus land or facilities to all local political subdivisions in the vicinity, and if such offers are rejected, the department may sell such lands and facilities.

Source:Laws 1983, LB 610, § 7; Laws 2014, LB757, § 2;    Laws 2017, LB339, § 281.    


Cross References

81-711. State wayside areas; requirements.

State wayside areas shall be areas appropriate in size and located at strategic intervals adjacent to main traveled highways to provide safe rest and picnic stops for travelers, which sites shall be selected for scenic or historical interest when possible, equipped with safe approach and departure lanes, and be developed in a manner and with such facilities as are appropriate to their purpose, including overnight camping.

Source:Laws 1983, LB 610, § 6.


81-801. Transferred to section 37-101.

81-801.01. Transferred to section 37-102.

81-802. Transferred to section 37-103.

81-803. Repealed. Laws 1969, c. 776, § 2.

81-803.01. Transferred to section 37-104.

81-804. Transferred to section 37-105.

81-805. Transferred to section 37-301.

81-805.01. Repealed. Laws 1998, LB 922, § 415.

81-805.02. Transferred to section 37-331.

81-805.03. Transferred to section 37-328.

81-805.04. Transferred to section 37-624.

81-805.05. Repealed. Laws 1969, c. 793, § 1.

81-805.06. Repealed. Laws 1969, c. 793, § 1.

81-805.07. Repealed. Laws 1969, c. 793, § 1.

81-805.08. Repealed. Laws 1969, c. 793, § 1.

81-805.09. Repealed. Laws 1969, c. 793, § 1.

81-805.10. Repealed. Laws 1969, c. 793, § 1.

81-805.11. Repealed. Laws 1969, c. 793, § 1.

81-805.12. Repealed. Laws 1969, c. 793, § 1.

81-805.13. Repealed. Laws 1969, c. 793, § 1.

81-805.14. Repealed. Laws 1969, c. 793, § 1.

81-805.15. Repealed. Laws 1969, c. 793, § 1.

81-805.16. Repealed. Laws 1969, c. 793, § 1.

81-805.17. Repealed. Laws 1969, c. 793, § 1.

81-805.18. Repealed. Laws 1969, c. 793, § 1.

81-805.19. Repealed. Laws 1969, c. 793, § 1.

81-805.20. Repealed. Laws 1969, c. 793, § 1.

81-805.21. Repealed. Laws 1969, c. 793, § 1.

81-805.22. Repealed. Laws 1969, c. 793, § 1.

81-805.23. Repealed. Laws 1969, c. 793, § 1.

81-805.24. Repealed. Laws 1969, c. 793, § 1.

81-805.25. Repealed. Laws 1969, c. 793, § 1.

81-805.26. Repealed. Laws 1969, c. 793, § 1.

81-805.27. Repealed. Laws 1969, c. 793, § 1.

81-805.28. Repealed. Laws 1969, c. 793, § 1.

81-805.29. Repealed. Laws 1969, c. 793, § 1.

81-805.30. Repealed. Laws 1969, c. 793, § 1.

81-806. Repealed. Laws 1981, LB 545, § 52.

81-807. Transferred to section 37-106.

81-808. Transferred to section 37-107.

81-809. Transferred to section 37-108.

81-809.01. Repealed. Laws 1972, LB 1334, § 9.

81-810. Transferred to section 37-109.

81-811. Transferred to section 37-110.

81-812. Transferred to section 37-346.

81-812.01. Repealed. Laws 1981, LB 497, § 1.

81-812.02. Repealed. Laws 1981, LB 497, § 1.

81-812.03. Repealed. Laws 1981, LB 497, § 1.

81-812.04. Repealed. Laws 1981, LB 497, § 1.

81-813. Repealed. Laws 1967, c. 585, § 13.

81-814. Transferred to section 37-325.

81-814.01. Transferred to section 37-326.

81-814.02. Transferred to section 37-327.

81-815. Transferred to section 37-349.

81-815.01. Repealed. Laws 1978, LB 21, § 76.

81-815.02. Repealed. Laws 1978, LB 21, § 76.

81-815.03. Repealed. Laws 1978, LB 21, § 76.

81-815.04. Repealed. Laws 1978, LB 21, § 76.

81-815.05. Repealed. Laws 1978, LB 21, § 76.

81-815.06. Repealed. Laws 1978, LB 21, § 76.

81-815.07. Repealed. Laws 1978, LB 21, § 76.

81-815.08. Repealed. Laws 1978, LB 21, § 76.

81-815.09. Repealed. Laws 1978, LB 21, § 76.

81-815.10. Repealed. Laws 1978, LB 21, § 76.

81-815.11. Repealed. Laws 1978, LB 21, § 76.

81-815.12. Repealed. Laws 1978, LB 21, § 76.

81-815.13. Repealed. Laws 1978, LB 21, § 76.

81-815.14. Repealed. Laws 1978, LB 21, § 76.

81-815.15. Repealed. Laws 1978, LB 21, § 76.

81-815.16. Repealed. Laws 1978, LB 21, § 76.

81-815.17. Repealed. Laws 1978, LB 21, § 76.

81-815.18. Repealed. Laws 1978, LB 21, § 76.

81-815.19. Repealed. Laws 1978, LB 21, § 76.

81-815.20. Repealed. Laws 1978, LB 21, § 76.

81-815.21. Transferred to section 37-337.

81-815.22. Transferred to section 37-338.

81-815.23. Transferred to section 37-339.

81-815.24. Transferred to section 37-340.

81-815.25. Transferred to section 37-341.

81-815.26. Transferred to section 37-329.

81-815.27. Transferred to section 37-342.

81-815.28. Transferred to section 37-343.

81-815.29. Transferred to section 37-344.

81-815.30. Transferred to section 37-345.

81-815.31. Transferred to section 37-347.

81-815.32. Transferred to section 37-336.

81-815.33. Transferred to section 37-348.

81-815.34. Repealed. Laws 1979, LB 187, § 263.

81-815.35. Repealed. Laws 1982, LB 592, § 2.

81-815.36. Transferred to section 37-1218.01.

81-815.37. Repealed. Laws 1972, LB 1169, § 6.

81-815.38. Repealed. Laws 1972, LB 1169, § 6.

81-815.39. Repealed. Laws 1972, LB 1169, § 6; Laws 1972, LB 1465, § 2.

81-815.40. Transferred to section 90-212.

81-815.41. Repealed. Laws 1987, LB 32, § 3.

81-815.42. Repealed. Laws 1987, LB 32, § 3.

81-815.43. Repealed. Laws 1987, LB 32, § 3.

81-815.44. Repealed. Laws 1987, LB 32, § 3.

81-815.45. Transferred to section 81-1211.

81-815.46. Transferred to section 90-213.

81-815.47. Transferred to section 90-214.

81-815.48. Transferred to section 90-215.

81-815.49. Transferred to section 90-216.

81-815.50. Transferred to section 37-908.

81-815.51. Transferred to section 37-909.

81-815.52. Repealed. Laws 1998, LB 922, § 415.

81-815.53. Transferred to section 37-907.

81-815.54. Repealed. Laws 1995, LB 15, § 6.

81-815.55. Transferred to section 37-910.

81-815.56. Transferred to section 37-911.

81-815.57. Repealed. Laws 1996, LB 296, § 4.

81-815.58. Transferred to section 37-1010.

81-815.59. Transferred to section 37-912.

81-815.60. Transferred to section 37-1011.

81-815.61. Transferred to section 37-1012.

81-815.62. Transferred to section 37-1013.

81-815.63. Transferred to section 37-1014.

81-815.64. Transferred to section 37-1015.

81-815.65. Transferred to section 37-914.

81-816. Repealed. Laws 2011, LB 326, § 1.

81-817. Repealed. Laws 2011, LB 326, § 1.

81-818. Repealed. Laws 2000, LB 1135, § 34.

81-819. Repealed. Laws 2011, LB 326, § 1.

81-820. Repealed. Laws 2000, LB 1135, § 34.

81-821. Repealed. Laws 2000, LB 1135, § 34.

81-822. Repealed. Laws 2000, LB 1135, § 34.

81-823. Repealed. Laws 2000, LB 1135, § 34.

81-824. Council of State Governments declared a joint governmental agency.

The Council of State Governments is declared to be a joint governmental agency of this state and of the other states which cooperate through it.

Source:Laws 1937, c. 110, § 9, p. 409; C.S.Supp.,1941, § 81-7309; R.S.1943, § 81-824.


81-825. Wildfire Control Act of 2013; act, how cited.

Sections 81-825 to 81-828 shall be known and may be cited as the Wildfire Control Act of 2013.

Source:Laws 2013, LB634, § 1.    


81-826. Wildfire Control Act of 2013; legislative findings.

The Legislature finds that the State of Nebraska's forests, pasture lands, and rangelands have been destroyed by catastrophic wildfires, primarily due to higher temperatures, intense and prolonged drought, increased forest fuel-loads, and the extensive spread of Eastern Red Cedar trees into forests, pasture lands, and rangelands. Because of these conditions, wildfires occur more frequently, spread and grow very rapidly upon ignition, and consume large tracts of productive land. These severe, fast-moving wildfires put the lives of citizens, emergency responders, and visitors at great risk, are difficult to control, quickly overwhelm local suppression capacity, and cost enormous amounts of money to suppress and control.

Source:Laws 2013, LB634, § 2.    


81-827. Wildfire control; Nebraska Emergency Management Agency; duties; legislative intent; report; contents.

(1) Pursuant to the Wildfire Control Act of 2013, the Nebraska Emergency Management Agency shall contract for all costs to place one single-engine air tanker in Nebraska for use in fighting wildfires.

(2) It is the intent of the Legislature that the Nebraska Emergency Management Agency deploy the single-engine air tanker quickly and without delay so as to prevent the rapid spread of wildfires upon ignition.

(3) The Nebraska Emergency Management Agency shall prepare a report on or before December 1 of each year describing (a) the date and time each request to deploy a single-engine air tanker is made to the agency, (b) the date and time a single-engine air tanker was deployed in response to a request for such a tanker, (c) an explanation of the reason for any delay of more than one hour from the time of a request for deployment of a single-engine air tanker and the time of the actual deployment of such a tanker, and (d) an explanation of the reason for the denial of a request to deploy a single-engine air tanker. The report shall be submitted electronically to the Governor and to the Clerk of the Legislature.

Source:Laws 2013, LB634, § 3.    


81-828. Wildfire control; Nebraska Forest Service; duties.

Pursuant to the Wildfire Control Act of 2013, the Nebraska Forest Service shall (1) administer programs to thin forests to reduce forest fuel-loads in order to substantially reduce wildfire risk, intensity, and rate of spread and develop markets for woody biomass generated from forest thinnings, (2) provide expanded training programs for volunteer firefighters, private landowners, and communities in Nebraska in fire suppression tactics of wildfires in order to increase suppression effectiveness and safety, (3) expand the federal excess property programs sponsored by the United States Department of Agriculture and the United States Department of Defense and managed by the Nebraska Forest Service in Nebraska, (4) oversee the rehabilitation of forest lands that have been destroyed by wildfires, (5) manage single-engine air tanker bases and operations in Nebraska, and (6) contract to construct at least two single-engine air tanker bases and develop one or more mobile single-engine air tanker bases in Nebraska.

Source:Laws 2013, LB634, § 4.    


81-829. Repealed. Laws 1947, c. 179, § 9.

81-829.01. Expired. Laws 1943, c. 191, § 1.

81-829.02. Expired. Laws 1943, c. 191, § 2.

81-829.03. Repealed. Laws 1953, c. 336, § 5.

81-829.04. Repealed. Laws 1951, c. 315, § 16.

81-829.05. Transferred to section 81-829.36.

81-829.06. Transferred to section 81-829.37.

81-829.07. Transferred to section 81-829.38.

81-829.08. Transferred to section 81-829.39.

81-829.09. Transferred to section 81-829.40.

81-829.10. Repealed. Laws 1973, LB 494, § 34.

81-829.11. Repealed. Laws 1973, LB 494, § 34.

81-829.12. Repealed. Laws 1973, LB 494, § 34.

81-829.13. Transferred to section 81-829.52.

81-829.14. Transferred to section 81-829.53.

81-829.15. Transferred to section 81-829.54.

81-829.16. Repealed. Laws 1953, c. 336, § 5.

81-829.17. Repealed. Laws 1953, c. 336, § 5.

81-829.18. Transferred to section 81-829.46.

81-829.19. Transferred to section 81-829.48.

81-829.20. Repealed. Laws 1973, LB 494, § 34.

81-829.21. Transferred to section 81-829.55.

81-829.22. Transferred to section 81-829.49.

81-829.23. Transferred to section 81-829.51.

81-829.24. Transferred to section 81-829.58.

81-829.25. Transferred to section 81-829.59.

81-829.26. Transferred to section 81-829.60.

81-829.27. Transferred to section 81-829.61.

81-829.28. Transferred to section 81-829.62.

81-829.29. Transferred to section 81-829.63.

81-829.30. Transferred to section 81-829.64.

81-829.31. Adjutant General; Emergency Management Act; administer.

There is hereby created in the office of the Adjutant General the Nebraska Emergency Management Agency. The Adjutant General shall administer the Emergency Management Act.

Source:Laws 1953, c. 336, § 2, p. 1106; Laws 1996, LB 43, § 16.


Cross References

81-829.32. Transferred to section 81-829.65.

81-829.33. Governor's Emergency Cash Fund; created; use; investment.

The Governor's Emergency Cash Fund is created. The fund shall consist of federal reimbursements received by the state for eligible state administrative costs incurred by the Nebraska Emergency Management Agency for administering federal emergency disaster declarations and revenue from all other nonfederal government sources. Except as provided in section 90-270, the fund shall be used to pay eligible costs related to state emergency disaster declarations. The fund shall be administered by the State Administrator of the Nebraska Emergency Management Agency. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 2003, LB 403, § 5.    


Cross References

81-829.34. Repealed. Laws 1971, LB 105, § 1.

81-829.35. Transferred to section 81-829.66.

81-829.36. Act, how cited.

Sections 81-829.36 to 81-829.75 shall be known and may be cited as the Emergency Management Act.

Source:Laws 1951, c. 315, § 1, p. 1073; R.R.S.1943, § 81-829.05; Laws 1973, LB 494, § 1; Laws 1996, LB 43, § 17; Laws 2011, LB573, § 2.    


81-829.37. Purposes of act.

The purposes of the Emergency Management Act and the policy of the state are to:

(1) Reduce the vulnerability of people and communities of this state to damage, injury, and loss of life and property resulting from natural, technological, or manmade disasters and emergencies, civil disturbances, or hostile military or paramilitary action;

(2) Provide an emergency management system embodying all aspects of preparedness, response, recovery, and mitigation;

(3) Clarify and strengthen the roles of the Governor, state agencies, and local governments in the mitigation of, prevention of, preparation for, response to, and recovery from disasters, emergencies, or civil defense emergencies;

(4) Authorize and provide for cooperation and coordination of activities relating to mitigation of, prevention of, preparedness for, response to, and recovery from disasters, emergencies, and civil defense emergencies by agencies and officers of this state and its political subdivisions and similar state, local, interstate, federal-state, and foreign activities in which the state and its political subdivisions may participate;

(5) Assist in mitigation and prevention of disasters, emergencies, and civil defense emergencies caused or aggravated by inadequate planning for and regulation of public and private facilities and land use; and

(6) Provide for the funding of activities incidental to carrying out the purposes of the act.

Source:Laws 1951, c. 315, § 2(1), p. 1074; R.R.S.1943, § 81-829.06; Laws 1973, LB 494, § 2; Laws 1996, LB 43, § 18.


81-829.38. Act, how construed.

Nothing in the Emergency Management Act shall be construed to:

(1) Interfere with the course or conduct of a labor dispute, except that actions otherwise authorized by the act or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety;

(2) Interfere with the dissemination of news or comment on public affairs, but any communications facility or organization, including, but not limited to, radio and television stations, wire services, and newspapers, may be required to transmit or print public service messages furnishing information or instructions in connection with a disaster, emergency, or civil defense emergency;

(3) Affect the jurisdiction or responsibilities of police forces, firefighting forces, units of the armed forces of the United States, or any personnel thereof, when on active duty, but state, city, village, county, and interjurisdictional emergency operations plans shall place reliance upon the forces available for performance of functions related to disasters, emergencies, or civil defense emergencies; or

(4) Limit, modify, or abridge the authority of the Governor to proclaim martial law or exercise any other powers vested in him or her under the Constitution of Nebraska or the statutes or common law of this state independent of or in conjunction with any provisions of the Emergency Management Act.

Source:Laws 1951, c. 315, § 2(2), p. 1074; R.R.S.1943, § 81-829.07; Laws 1973, LB 494, § 3; Laws 1996, LB 43, § 19.


81-829.39. Terms, defined.

For purposes of the Emergency Management Act, unless the context otherwise requires:

(1) Civil defense emergency means an emergency declared by the President of the United States or Congress pursuant to applicable federal law finding that an attack upon the United States has occurred or is anticipated and that the national safety therefor requires the invocation of the emergency authority provided for by federal law. Civil defense emergency also means an enemy attack or other hostile action within the State of Nebraska or a determination by the President of the United States that any attack has been made upon or is anticipated within a designated geographic area which includes all or a part of the State of Nebraska. Any such emergency shall terminate in the manner provided by federal law or by proclamation of the Governor or resolution of the Legislature terminating such emergency;

(2) Disaster means any event or the imminent threat thereof causing widespread or severe damage, injury, or loss of life or property resulting from any natural or manmade cause;

(3) Emergency means any event or the imminent threat thereof causing serious damage, injury, or loss of life or property resulting from any natural or manmade cause which, in the determination of the Governor or the principal executive officer of a local government, requires immediate action to accomplish the purposes of the Emergency Management Act and to effectively respond to the event or threat of the event;

(4) Emergency management means the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to mitigate, prevent, minimize, respond to, and recover from injury and damage resulting from disasters, emergencies, or civil defense emergencies. Emergency management functions include, but need not be limited to, firefighting services, police services, medical and health services, search and rescue services, engineering services, communications and warning systems, radiological preparedness, hazardous materials response, evacuation of persons from stricken areas, emergency welfare services, emergency transportation services, restoration of public utility services, and other functions related to civilian protection, together with all other activities necessary or incidental to the preparation for and carrying out of the functions listed in this subdivision;

(5) Emergency management worker includes any full-time or part-time paid, volunteer, or auxiliary employee of this state or other states, territories, or possessions of the federal government or any neighboring country or of any political subdivision thereof, of the District of Columbia, or of any agency or organization performing emergency management services at any place in this state subject to the order or control of or pursuant to a request of the state government or any political subdivision thereof and also includes instructors and students in emergency management educational programs approved by the Nebraska Emergency Management Agency or otherwise under the provisions of the Emergency Management Act;

(6) Hazard mitigation means measures which will eliminate or reduce the potential for damage to an area or facility from the effects of a future disaster, emergency, or civil defense emergency;

(7) Local government means a county, village, or city of any class;

(8) Political subdivision means a city, village, county, school district, public power district, natural resources district, and any other unit of government below the state level, including any entity created pursuant to the Interlocal Cooperation Act or the Joint Public Agency Act;

(9) Principal executive officer means the mayor in a city of any class or the elected chairperson of the governing body of a village or county;

(10) State emergency response team means an organization for emergency management established in accordance with the provisions of sections 81-829.52 to 81-829.54 by state authority to supplement city, village, county, or interjurisdictional emergency management organizations in a stricken area; and

(11) Technological hazard means a hazard emanating from the manufacture, transportation, and use of such substances as radioactive materials, chemicals, explosives, flammables, agricultural pesticides, herbicides, disease agents, oil spills, and debris from space.

Source:Laws 1951, c. 315, § 3, p. 1074; R.R.S.1943, § 81-829.08; Laws 1973, LB 494, § 4; Laws 1996, LB 43, § 20; Laws 1999, LB 87, § 91.    


Cross References

Annotations

81-829.40. Governor; powers and duties.

(1) The Governor shall be responsible for meeting the dangers to the state and people presented by disasters, emergencies, and civil defense emergencies, and in the event of disaster, emergency, or civil defense emergency beyond local control, he or she may assume direct operational control over all or any part of the emergency management functions within this state. He or she shall have general direction and control of emergency management and the Nebraska Emergency Management Agency and shall be responsible for carrying out the provisions of the Emergency Management Act.

(2) In order to effect the policy and purposes of the act, the Governor may issue proclamations and make, amend, and rescind the necessary orders, rules, and regulations to carry out the act.

(3) A state of emergency proclamation shall be issued by the Governor if he or she finds that a disaster, emergency, or civil defense emergency has occurred or that the occurrence or threat thereof is imminent. All proclamations issued under this subsection shall indicate the nature of the disaster, emergency, or civil defense emergency, the area or areas threatened, and the conditions which have brought about the state of emergency. All proclamations shall be disseminated promptly by means calculated to bring the contents to the attention of the general public and shall be promptly filed with the Nebraska Emergency Management Agency, the Secretary of State, and the clerks of the local governments in the area to which it applies. The proclamation shall continue in effect until the Governor finds that the threat or danger has passed or the disaster, emergency, or civil defense emergency has been dealt with to the extent that those conditions no longer exist and terminates the proclamation by letter of notice to such agency, the Secretary of State, and the clerks of the local governments in the area to which it applies. The Legislature by resolution may terminate a state of emergency proclamation at any time, whereupon the Governor shall terminate the proclamation by letter of notice to such agency, the Secretary of State, and the clerks of the local governments in the area to which it applies.

(4) A state of emergency proclamation shall activate state, city, village, county, and interjurisdictional emergency management organizations and emergency operations plans applicable to the local government or area in question and shall be the authority for the deployment and use of any forces to which the plan or plans apply and for use or distribution of any supplies, equipment, materials, and facilities assembled, stockpiled, or arranged to be made available pursuant to the act or any other provision of law relating to disasters, emergencies, or civil defense emergencies.

(5) During the continuance of any state of emergency, the Governor shall be commander in chief of the organized and unorganized militia and of all other forces available for emergency management duty. To the greatest extent practicable, the Governor shall delegate or assign command authority by prior arrangement embodied in appropriate proclamations, orders, rules, and regulations, but nothing shall restrict his or her authority to do so by orders issued at the time of the disaster, emergency, or civil defense emergency.

(6) In addition to any other powers conferred upon the Governor by law, he or she may:

(a) Suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business or the orders, rules, or regulations of any state agency if strict compliance with the provisions of any statute, order, rule, or regulation would in any way prevent, hinder, or delay necessary action in coping with the disaster, emergency, or civil defense emergency;

(b) Utilize all available resources of the state government and of each political subdivision of the state as are reasonably necessary to cope with the disaster, emergency, or civil defense emergency;

(c) Transfer the direction, personnel, or functions of state departments and agencies or units thereof for the purpose of performing or facilitating emergency management;

(d) Subject to any applicable requirements for compensation under section 81-829.57, commandeer or utilize any private property if he or she finds this necessary to cope with the disaster, emergency, or civil defense emergency;

(e) Direct and compel the evacuation of all or part of the population from any stricken or threatened area within the state if he or she deems this action necessary for the preservation of life or other emergency management;

(f) Prescribe routes, modes of transportation, and destinations in connection with evacuation;

(g) Control ingress and egress to and from a disaster area, the movement of persons within the area, and the occupancy of premises in the area;

(h) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, explosives, and combustibles; and

(i) Make provisions for the availability and use of temporary emergency housing.

(7) In the event of a civil defense emergency, the Governor shall assume direct operational control over all or any part of the emergency management functions within this state.

Source:Laws 1951, c. 315, § 4(1), p. 1076; R.R.S.1943, § 81-829.09; Laws 1973, LB 494, § 5; Laws 1996, LB 43, § 21; Laws 2014, LB390, § 2.    


81-829.41. Agency; Adjutant General; powers and duties.

(1) The Nebraska Emergency Management Agency shall be maintained in the office of the Adjutant General. The Adjutant General shall be the director of the agency, shall administer the Emergency Management Act subject to the direction and control of the Governor, and shall receive such compensation for these services as shall be determined by the Governor. The agency shall have an assistant director and such other professional, technical, secretarial, and clerical employees as are necessary for the performance of its functions.

(2) The agency shall maintain an emergency operations plan and keep it current. The plan may include, but need not be limited to:

(a) A history of Nebraska disasters, emergencies, and civil defense emergencies;

(b) An analysis of past and potential disasters, emergencies, and civil defense emergencies, including an identification of the functions and resources required to cope with such occurrences. The expected frequency of occurrence, along with the severity of effect, shall indicate the priority of preparedness efforts of the emergency management organizations of the state;

(c) Measures to be undertaken to accomplish damage assessment and situation analysis, warning, direction and control, coordination of operating forces, emergency resource management, emergency information and official instructions, communications and other necessary support to emergency response operations, and coordination and cooperation of federal, state, local, and nongovernmental agencies so as to provide a prompt and effective response to disasters, emergencies, and civil defense emergencies to prevent and minimize the injury and damage;

(d) The provision of relief and recovery assistance to individuals, political subdivisions of the state, and state agencies;

(e) Identification of areas of the state particularly vulnerable to disaster, emergency, or civil defense emergency;

(f) Recommendations for preventive and preparedness measures designed to eliminate or reduce disasters, emergencies, or civil defense emergencies or their impact, including, but not limited to, zoning, building, and other land-use control, and safety measures for securing mobile homes or other nonpermanent or semipermanent structures;

(g) Authorization and procedures for the erection or other construction of temporary works designed to protect against or mitigate danger, damage, or loss from flood, conflagration, or other disaster, emergency, or civil defense emergency;

(h) Assistance in designing city, village, county, and interjurisdictional emergency operations plans;

(i) Preparation and distribution to the appropriate state and political subdivision officials of catalogs of federal, state, and private disaster assistance programs; and

(j) Other necessary matters.

(3) The Nebraska Emergency Management Agency shall take an integral part in the development and revision of city, village, county, and interjurisdictional emergency operations plans prepared under section 81-829.46. It shall employ or otherwise secure the services of professional and technical personnel capable of providing expert assistance to political subdivisions and to city, village, county, and interjurisdictional emergency management organizations. Such personnel shall consult with such political subdivisions and organizations on a regularly scheduled basis and shall make field examinations of the areas, circumstances, and conditions to which particular city, village, county, and interjurisdictional emergency operations plans are intended to apply and may suggest or require revisions.

(4) In preparing and revising the Nebraska emergency operations plans, the agency shall seek the advice and assistance of other agencies of government and the private sector. In advising city, village, county, and interjurisdictional emergency management organizations, the Nebraska Emergency Management Agency shall encourage them to also seek advice from these sources.

(5) The Nebraska emergency operations plans or any part thereof may be incorporated in rules or regulations of the agency.

(6) The agency shall:

(a) Determine the requirements of the state and its political subdivisions for basic necessities such as food, clothing, and shelter in various disaster, emergency, or civil defense emergency situations;

(b) Procure and pre-position emergency supplies, materials, and equipment;

(c) Adopt and promulgate rules and regulations setting out standards and requirements for city, village, county, and interjurisdictional emergency operations plans;

(d) Periodically review city, village, county, and interjurisdictional emergency operations plans;

(e) Provide for state emergency response teams;

(f) Establish and operate or assist local governments, their emergency management organizations, and interjurisdictional emergency management organizations in establishing and operating training programs and programs of public information;

(g) Make surveys of such industries, resources, and facilities, both public and private, within the state as are necessary to carry out the purposes of the Emergency Management Act;

(h) Plan and make arrangements for the availability and use of any private facilities, services, and property and, if necessary and if in fact used, provide for payment for use under terms and conditions agreed upon;

(i) Establish a register of persons with training and skills important in disaster prevention, mitigation, preparedness, response, and recovery and emergency management;

(j) Establish a register of mobile and construction equipment and temporary housing available for use in a disaster or emergency;

(k) Prepare for issuance by the Governor proclamations, orders, rules, and regulations as are necessary or appropriate in coping with disasters, emergencies, and civil defense emergencies;

(l) Cooperate with the federal government and any public or private agency or entity in achieving any purpose of the act and in implementing programs for disaster prevention, mitigation, preparedness, response, and recovery and emergency management;

(m) Coordinate state emergency response as directed by the Governor;

(n) Cooperate with other emergency management agencies and public agencies in the development of emergency management registries which include persons with functional needs and the families and guardians of such persons for purposes of planning for assistance for such persons and their families and guardians before, during, and after a disaster or other emergency. Participation in an emergency management registry by persons with functional needs and their families shall be voluntary. Information obtained by emergency management agencies or other public agencies for such purposes shall not be considered a public record under section 84-712.01. All information acquired pursuant to this subdivision is confidential and shall not be disclosed or released except to other agencies which have a legitimate and official interest in the information for carrying out the purposes of this subdivision. Any person acquiring information pursuant to this subdivision who intentionally discloses or releases such information in violation of this subdivision is guilty of a Class III misdemeanor; and

(o) Do other things necessary, incidental, or appropriate for the implementation of the act.

Source:Laws 1973, LB 494, § 6; Laws 1996, LB 43, § 22; Laws 2013, LB434, § 1.    


81-829.42. Governor's Emergency Program; established.

(1) The Legislature recognizes that, while appropriations are adequate to meet the normal needs, the necessity exists for anticipating and making advance provision to care for the unusual and extraordinary burdens imposed on the state and its political subdivisions by disasters, emergencies, or civil defense emergencies. To meet such situations, it is the intention of the Legislature to confer emergency powers on the Governor, acting through the Adjutant General and the Nebraska Emergency Management Agency, and to vest him or her with adequate power and authority within the limitation of available funds appropriated to the Governor's Emergency Program to meet any disaster, emergency, or civil defense emergency.

(2) There is hereby established the Governor's Emergency Program. Funds appropriated to the program shall be expended, upon direction of the Governor, for any state of emergency. The state of emergency proclamation shall set forth the emergency and shall state that it requires the expenditure of public funds to furnish immediate aid and relief. The Adjutant General shall administer the funds appropriated to the program.

(3) It is the intent of the Legislature that the first recourse shall be to funds regularly appropriated to state and local agencies. If the Governor finds that the demands placed upon these funds are unreasonably great, he or she may make funds available from the Governor's Emergency Program. Expenditures may be made upon the direction of the Governor for any or all emergency management functions or to meet the intent of the state emergency operations plans as outlined in section 81-829.41. Expenditures may also be made to state and federal agencies to meet the matching requirement of any applicable assistance programs.

(4) Assistance shall be provided from the funds appropriated to the Governor's Emergency Program to political subdivisions of this state which have suffered from a disaster, emergency, or civil defense emergency to such an extent as to impose a severe financial burden exceeding the ordinary capacity of the subdivision affected. Applications for aid under this section shall be made to the Nebraska Emergency Management Agency on such forms as shall be prescribed and furnished by the agency. The forms shall require the furnishing of sufficient information to determine eligibility for aid and the extent of the financial burden incurred. The agency may call upon other agencies of the state in evaluating such applications. The Adjutant General shall review each application for aid under this section and recommend its approval or disapproval, in whole or in part, to the Governor. If the Governor approves, he or she shall determine and certify to the Adjutant General the amount of aid to be furnished. The Adjutant General shall thereupon issue his or her voucher to the Director of Administrative Services who shall issue his or her warrants therefor to the applicant.

(5) When a state of emergency has been proclaimed by the Governor, the Adjutant General, upon order of the Governor, shall have authority to expend funds for purposes including, but not limited to:

(a) The purposes of the Emergency Management Act, including emergency management functions and the responsibilities of the Governor as outlined in the act;

(b) Employing for the duration of the state of emergency additional personnel and contracting or otherwise procuring all necessary appliances, supplies, and equipment;

(c) Performing services for and furnishing materials and supplies to state government agencies and local governments with respect to performance of any duties enjoined by law upon such agencies and local governments which they are unable to perform because of extreme climatic phenomena and receiving reimbursement in whole or in part from such agencies and local governments able to pay therefor under such terms and conditions as may be agreed upon by the Adjutant General and any such agency or local government;

(d) Performing services for and furnishing materials to any individual in connection with alleviating hardship and distress growing out of extreme climatic phenomena and receiving reimbursement in whole or in part from such individual under such terms as may be agreed upon by the Adjutant General and such individual;

(e) Opening up, repairing, and restoring roads and highways;

(f) Repairing and restoring bridges;

(g) Furnishing transportation for supplies to alleviate suffering and distress;

(h) Restoring means of communication;

(i) Furnishing medical services and supplies to prevent the spread of disease and epidemics;

(j) Quelling riots and civil disturbances;

(k) Training individuals or governmental agencies for the purpose of perfecting the performance of emergency management duties as provided in the Nebraska emergency operations plans;

(l) Procurement and storage of special emergency supplies or equipment, determined by the Adjutant General to be required to provide rapid response by state government to assist local governments in impending or actual disasters, emergencies, or civil defense emergencies;

(m) Clearing or removing debris and wreckage which may threaten public health or safety from publicly owned or privately owned land or water; and

(n) Such other measures as are customarily necessary to furnish adequate relief in cases of disaster, emergency, or civil defense emergency.

(6) If response to a disaster or emergency is immediately required, the Adjutant General may make expenditures of up to twenty-five thousand dollars per event without a state of emergency proclamation issued by the Governor. Such expenditures shall be used for the purposes as provided in subsection (5) of this section.

(7) The Governor may receive such voluntary contributions as may be made from any nonfederal source to aid in carrying out the purposes of this section and shall credit the same to the Governor's Emergency Cash Fund.

(8) All obligations and expenses incurred by the Governor in the exercise of the powers and duties vested in the Governor by this section shall be paid by the State Treasurer out of available funds appropriated to the Governor's Emergency Program, and the Director of Administrative Services shall draw his or her warrants upon the State Treasurer for the payment of such sum, or so much thereof as may be required, upon receipt by him or her of proper vouchers duly approved by the Adjutant General.

(9) This section shall be liberally construed in order to accomplish the purposes of the Emergency Management Act and to permit the Governor to adequately cope with any disaster, emergency, or civil defense emergency which may arise, and the powers vested in the Governor by this section shall be construed as being in addition to all other powers presently vested in him or her and not in derogation of any existing powers.

(10) Such funds as may be made available by the government of the United States for the purpose of alleviating distress from disasters, emergencies, and civil defense emergencies may be accepted by the State Treasurer and shall be credited to a separate and distinct fund unless otherwise specifically provided in the act of Congress making such funds available or as otherwise allowed and provided by state law.

Source:Laws 1973, LB 494, § 7; Laws 1975, LB 612, § 2; Laws 1986, LB 258, § 34; Laws 1995, LB 7, § 107; Laws 1996, LB 43, § 23; Laws 2003, LB 403, § 8;    Laws 2012, LB766, § 1;    Laws 2014, LB390, § 3;    Laws 2015, LB55, § 1.    


81-829.43. Prevention measures; procedure.

(1) In addition to prevention measures included in the state, city, village, county, and interjurisdictional emergency operations plans, the Governor shall consider on a continuing basis steps that could be taken to prevent or reduce the harmful consequences of disasters, emergencies, and civil defense emergencies. At his or her direction and pursuant to any other authority and competence they have, state agencies, including, but not limited to, those charged with responsibilities in connection with flood plain management, stream encroachment and flow regulation, fire prevention and control, air quality, public works, land use and land-use planning, and construction standards, shall make studies of prevention-related matters. The Governor, from time to time, shall make such recommendations to the Legislature, local governments, and other appropriate public and private entities as may facilitate measures for prevention or mitigation of the harmful consequences of disasters, emergencies, and civil defense emergencies. The recommendations submitted to the Legislature shall be submitted electronically.

(2) The appropriate state agencies, in conjunction with the Nebraska Emergency Management Agency, shall keep land uses and construction of structures and other facilities under continuing study and identify areas which are particularly susceptible to severe land shifting, subsidence, flood, or other catastrophic occurrence. The studies under this subsection shall concentrate on means of mitigating or avoiding the dangers caused by any such occurrence or the consequences thereof.

(3) If the agency believes on the basis of the studies or other competent evidence that an area is susceptible to a disaster, emergency, or civil defense emergency of catastrophic proportions without adequate warning, that existing building standards and land-use controls in that area are inadequate and could add substantially to the magnitude thereof, and that changes in zoning regulations, other land-use regulations, or building requirements are essential in order to further the purposes of this section, it shall specify the essential changes to the Governor. If the Governor upon review of the recommendation finds after public hearing that the changes are essential, he or she shall so recommend to the agencies or local governments with jurisdiction over the area and subject matter. If no action or insufficient action pursuant to his or her recommendations is taken within the time specified by the Governor, he or she shall so inform the Legislature electronically and request appropriate legislative action to mitigate the impact of a disaster, emergency, or civil defense emergency.

(4) The Governor, at the same time that he or she makes recommendations pursuant to subsection (3) of this section, may suspend the standard or control which he or she finds to be inadequate to protect the public safety and by regulation place a new standard or control in effect. The new standard or control shall remain in effect until rejected by resolution of the Legislature or amended by the Governor. During the time it is in effect, the standard or control contained in the Governor's regulation shall be administered and given full effect by all relevant regulatory agencies of the state and local governments to which it applies. The Governor's action shall be subject to judicial review but shall not be subject to temporary stay pending litigation.

Source:Laws 1973, LB 494, § 8; Laws 1988, LB 352, § 168; Laws 1996, LB 43, § 24; Laws 1996, LB 966, § 1; Laws 2012, LB782, § 170.    


81-829.44. Repealed. Laws 1996, LB 43, § 54.

81-829.45. Agency; weather conditions; continuously apprise.

The Nebraska Emergency Management Agency shall keep continuously apprised of weather conditions which present danger of precipitation or other climatic activity severe enough to constitute a disaster or emergency.

Source:Laws 1973, LB 494, § 10; Laws 1996, LB 43, § 25; Laws 1996, LB 966, § 2.


81-829.46. Local government; Governor; powers; duties; performance of functions.

(1) The elected officers of local governments shall be responsible for ensuring that emergency management services are provided to their citizens and for coordinating emergency operations in their respective jurisdictions.

(2) Each local government shall be within the jurisdiction of and served by the Nebraska Emergency Management Agency and shall participate in a city, village, county, or interjurisdictional emergency management organization. Each county or interjurisdictional emergency management organization shall cooperate with and perform emergency management functions for the local governments located within the organization's boundaries but shall not have responsibility for emergency management services within a city or village having its own emergency management organization. Each city or village may maintain a city or village emergency management organization which, if formed, shall be the primary organization for emergency management serving that city or village. Any county or interjurisdictional emergency management organization may assist in emergency management functions for that city or village if approved by the city or village emergency management organization. Each county may maintain a county emergency management organization which shall be the primary organization for emergency management for that county. Any city, village, or interjurisdictional emergency management organization may assist in emergency management functions for that county if approved by the county emergency management organization.

(3) Each city, village, county, or interjurisdictional emergency management organization, if formed, shall have either (a) a full-time director or (b) a full-time deputy director and such additional personnel as may be needed, appointed in accordance with the agreement establishing the organization. Such director shall have direct responsibility for the organization, administration, and operation of such emergency management organization subject to the direction and control of the principal executive officer for the local government or in accordance with such agreement. A person may serve as a director for more than one emergency management organization serving an area.

(4) The Governor may determine that some cities need emergency management organizations of their own. The Governor shall, after making such determination, require that such emergency management organizations be established and maintained by issuing a directive in the form of a rule or regulation. The Governor shall make the determination on the basis of a city's vulnerability and capability of response related to population size and concentration. The Nebraska Emergency Management Agency shall publish and keep current a list of cities required to have an emergency management organization.

(5) Any provision of the Emergency Management Act or other law to the contrary notwithstanding, the Governor may require a local government to establish and maintain an emergency management organization jointly with one or more contiguous local governments if he or she finds that the establishment and maintenance of or participation in such an organization is made necessary by circumstances or conditions that make it unusually difficult to provide disaster prevention, preparedness, response, or recovery services or emergency management functions under other provisions of the act. Such interjurisdictional organizations shall be organized generally in accord with the Interlocal Cooperation Act and the planning and development regions created in section 13-1901.

(6) City, village, county, or interjurisdictional emergency management directors or coordinators or their assistants or deputies, who are required by the Emergency Management Act or rules and regulations of the Governor to devote full time to their duties, shall be qualified and certified in accord with criteria established for the state by the Nebraska Emergency Management Agency. Such directors or coordinators shall be paid for their services in an amount comparable to other officers of local governments.

(7) Each local government shall have a liaison officer designated to facilitate cooperation with emergency management organizations and to ensure that emergency management services are provided to the citizens of that local government. The liaison officers of local governments and the directors of the emergency management organizations shall communicate frequently to facilitate joint emergency preparedness efforts. For local governments which maintain an emergency management organization, the director or coordinator may serve as the liaison officer.

(8) The principal executive officer of each local government of the state shall notify the Nebraska Emergency Management Agency of the manner in which the local government is providing or securing emergency management services, identify the person who heads the entity from which the service is obtained, and furnish such additional information as the agency requires.

(9) Each city, village, county, or interjurisdictional emergency management organization shall prepare and keep current a city, village, county, or interjurisdictional emergency operations plan for its jurisdiction. Such plans shall be in conformance with the requirements established in the act.

(10) Each city, village, county, or interjurisdictional emergency management organization shall prepare, keep current, and distribute to all appropriate officials in written form a clear and complete statement of the disaster and emergency management responsibilities of all local entities and officials and of the emergency response chain of command.

Source:Laws 1951, c. 315, § 7, p. 1079; Laws 1963, c. 516, § 1, p. 1632; R.R.S.1943, § 81-829.18; Laws 1973, LB 494, § 11; Laws 1992, LB 573, § 11; Laws 1996, LB 43, § 26.


Cross References

Annotations

81-829.47. Interjurisdictional emergency management arrangement; Governor findings.

(1) If the Governor finds that two or more adjoining counties would be better served by an interjurisdictional emergency management arrangement than by maintaining separate emergency management organizations and services, he or she may delineate by order or regulation an interjurisdictional area adequate to plan for, prevent, or respond to a disaster, emergency, or civil defense emergency in that area and direct such steps to be taken as are necessary, including the creation of an interjurisdictional emergency management relationship, a joint emergency operations plan, mutual aid, or an interjurisdictional emergency management organization. A finding of the Governor pursuant to this subsection shall be based on one or more factors related to the difficulty of maintaining an efficient and effective disaster prevention, mitigation, preparedness, response, and recovery and emergency management system without such interjurisdictional arrangement, such as:

(a) Small or sparse population;

(b) Limitations on public financial resources severe enough to make maintenance of separate emergency management organizations and services unreasonably burdensome;

(c) Unusual vulnerability to disaster, emergency, or civil defense emergency as evidenced by past history, topographical features, drainage characteristics, potential for disaster, emergency, or civil defense emergency, and presence of facilities or operations prone to disaster, emergency, or civil defense emergency;

(d) The interrelated character of the counties in a multicounty area; or

(e) Other relevant conditions or circumstances.

(2) If the Governor finds that a vulnerable area lies only partly within this state and includes territory in another state or states and that it would be desirable to establish an interstate relationship, mutual aid, or an interstate emergency management organization, he or she shall take steps to that end as desirable. If this action is taken with jurisdictions that have enacted the Interstate Civil Defense and Disaster Compact, any resulting agreements may be considered supplemental agreements pursuant to Article 6 of that compact.

(3) If the other jurisdictions with which the Governor proposes to cooperate pursuant to subsection (2) of this section have not enacted the compact, he or she may negotiate special agreements with the jurisdictions. Any agreement, if sufficient authority for the making thereof does not otherwise exist, shall become effective only after its text has been communicated electronically to the Legislature and if the Legislature has not disapproved it prior to adjournment of the next session competent to consider it or within thirty days of its submission, whichever is later.

Source:Laws 1973, LB 494, § 12; Laws 1996, LB 43, § 27; Laws 2012, LB782, § 171.    


Cross References

81-829.48. Emergency management aid and assistance; mutual aid arrangements; interjurisdictional emergency management agreement.

(1) The director or coordinator of each city, village, county, or interjurisdictional emergency management organization shall, in collaboration with other public and private entities within this state, develop or cause to be developed mutual aid arrangements for reciprocal emergency management aid and assistance in case of disaster, emergency, or civil defense emergency too great to be dealt with unassisted. Such arrangements shall be consistent with the state emergency operations plan, and in time of emergency it shall be the duty of each city, village, county, or interjurisdictional emergency management organization to render assistance in accordance with the provisions of such mutual aid arrangements.

(2) The director or coordinator of each city, village, county, or interjurisdictional emergency management organization may, subject to the approval of the Governor, enter into mutual aid arrangements with emergency management agencies or organizations in other states for reciprocal emergency management aid and assistance in case of disaster, emergency, or civil defense emergency too great to be dealt with unassisted.

(3) It shall be a sufficient reason for the Governor to require an interjurisdictional emergency management agreement or arrangement pursuant to section 81-829.47 if the area and local governments involved have available equipment, supplies, and forces necessary to provide mutual aid on a regional basis and that the local governments have not already made adequate provision for mutual aid, but in requiring the making of an interjurisdictional emergency management arrangement to accomplish the purposes of this section, the Governor need not require establishment and maintenance of an interjurisdictional emergency management organization or arrangement for any other disaster, emergency, or civil defense emergency purposes.

Source:Laws 1951, c. 315, § 8(1), p. 1080; R.R.S.1943, § 81-829.19; Laws 1973, LB 494, § 13; Laws 1996, LB 43, § 28.


81-829.49. Local government, school district, or educational service unit appropriations.

Each local government, school district, or educational service unit shall have the power to make appropriations in the manner provided by law for making appropriations for the ordinary expenses of such local government, school district, or educational service unit for the payment of expenses of its city, village, county, school district, educational service unit, or interjurisdictional emergency management organization and in furthering the purposes of the Emergency Management Act.

Source:Laws 1951, c. 315, § 10(1), p. 1081; R.R.S.1943, § 81-829.22; Laws 1973, LB 494, § 14; Laws 1996, LB 43, § 29; Laws 2015, LB283, § 4.    


81-829.50. Local emergency; declared; principal executive officer of a local government; effect; interjurisdictional emergency management organization.

(1) A local emergency may be declared only by the principal executive officer of a local government who finds that conditions defined as a disaster or an emergency exist or by a person who by resolution has been authorized and designated by the governing board of a local government to determine that an emergency within the scope of his or her authorization exists. A copy of the resolution shall be filed with the Nebraska Emergency Management Agency to be effective. The proclamation shall continue in effect until the principal executive officer finds that the disaster or emergency has been dealt with to the extent that those conditions no longer exist. The local governing body by resolution may terminate a local state of emergency proclamation at any time, and upon such termination the principal executive officer shall terminate the proclamation. Any order or proclamation declaring, continuing, or terminating a local emergency shall be given prompt and general publicity and shall be filed promptly with the clerk of the local government and the Nebraska Emergency Management Agency.

(2) The effect of a declaration of a local emergency shall be to activate the response and recovery aspects of any and all applicable city, village, county, or interjurisdictional emergency operations plans and to authorize the furnishing of aid and assistance under such plans.

(3) No interjurisdictional emergency management organization or official thereof may declare a local emergency unless expressly authorized by the agreement pursuant to which the organization functions, but an interjurisdictional emergency management organization shall provide aid and services in accordance with the agreement and emergency operations plan pursuant to which it functions.

Source:Laws 1973, LB 494, § 15; Laws 1996, LB 43, § 30.


81-829.51. Local government; school district; educational service unit; emergency expenditures; vote of governing body; when.

(1)(a) In the event of a disaster, emergency, or civil defense emergency, each local government may make emergency expenditures, enter into contracts, and incur obligations for emergency management purposes regardless of existing statutory limitations and requirements pertaining to appropriation, budgeting, levies, or the manner of entering into contracts.

(b) In the event of a disaster, emergency, or civil defense emergency, each school district or educational service unit may make emergency expenditures, enter into contracts, and incur obligations for emergency management purposes and to minimize the disruption to education services regardless of existing statutory limitations and requirements pertaining to appropriation, budgeting, or the manner of entering into contracts.

(2) If any such expenditure, contract, or obligation will be in excess of or in violation of existing statutory limitations or requirements, then before any such expenditure, contract, or obligation is undertaken it shall be approved by a vote of the governing body of such local government, school district, or educational service unit. The governing body may not vote its approval unless it has secured a copy of the proclamation as provided in section 81-829.50 from the city, village, county, or interjurisdictional emergency management director serving such local government, school district, or educational service unit. For school districts and educational service units, the proclamation shall be secured from the county in which the school district or principal office of the educational service unit is located.

Source:Laws 1951, c. 315, § 10(2), p. 1081; R.R.S.1943, § 81-829.23; Laws 1973, LB 494, § 16; Laws 1996, LB 43, § 31; Laws 2015, LB283, § 5.    


81-829.52. State emergency response teams; establish; team leader; appointment; duties.

Upon orders of the Governor, the Adjutant General is authorized to establish such number of state emergency response teams as may be necessary to reinforce emergency management organizations in stricken areas and with due consideration of the plans of the federal government and of other states. The Adjutant General shall appoint a team leader for each team who shall have primary responsibility for the organization, administration, and operation of such team. The team leader shall keep and maintain a roster of members of the team, and only such persons whose names appear on the roster shall be deemed members of such team and entitled to the benefits provided by section 81-829.53. No political subdivision shall be entitled to reimbursement as provided in section 81-829.54 unless the individual on whose behalf reimbursement is sought was duly enrolled on the roster as provided in this section at the time the obligation was incurred. State emergency response teams shall perform their functions in any part of the state or, upon the conditions specified in mutual aid plans and emergency management agreements, in accordance with the Interstate Civil Defense and Disaster Compact, and in this section, in other states.

Source:Laws 1951, c. 315, § 6(1), p. 1077; R.R.S.1943, § 81-829.13; Laws 1973, LB 494, § 17; Laws 1996, LB 43, § 32.


Cross References

81-829.53. State emergency response teams; personnel; powers; duties; rights; immunities; compensation.

Personnel of state emergency response teams while on duty, whether within or without the state, shall: (1) If they are employees of the state, have the powers, duties, rights, privileges, and immunities and receive the compensation incidental to their employment; (2) if they are employees of a political subdivision of the state, and whether serving within or without such political subdivision, have the powers, duties, rights, privileges, and immunities and receive the compensation incidental to their employment; and (3) if they are not employees of the state or a political subdivision thereof, be entitled to compensation by the state at rates to be established by the Governor and shall be entitled to the same rights and immunities as are provided by law for the employees of this state. State emergency response teams shall, while on duty, be subject to the operational control of the authority in charge of emergency management activities in the area in which they are serving and shall be reimbursed for all actual and necessary travel and subsistence expenses in accordance with sections 81-1174 to 81-1177.

Source:Laws 1951, c. 315, § 6(2), p. 1078; R.R.S.1943, § 81-829.14; Laws 1973, LB 494, § 18; Laws 1981, LB 204, § 176; Laws 1996, LB 43, § 33.


81-829.54. State emergency response teams; employees; expenses; political subdivisions; reimbursement by state; rental of equipment; payment; damages.

(1) The state shall reimburse a political subdivision for (a) the compensation paid and actual and necessary travel, subsistence, and maintenance expenses of employees of such political subdivision while serving as members of a state emergency response team as provided in sections 81-1174 to 81-1177, (b) all payments for death, disability, or injury of such employees incurred in the course of such duty as provided in the Nebraska Workers' Compensation Act, and (c) all losses of or damage to supplies and equipment of such political subdivision resulting from the operation of such state emergency response team.

(2) The state shall pay a fee for rental of privately owned equipment used in the operation of a state emergency response team and shall also pay for any loss or damage to privately owned equipment used in emergency response. The fee for rental of such privately owned equipment shall be fixed, and any loss or damage to such equipment shall be assessed by a board consisting of three persons to be appointed by the Governor, one of whom shall be the materiel administrator of the materiel division of the Department of Administrative Services.

Source:Laws 1951, c. 315, § 6(3), p. 1078; Laws 1953, c. 336, § 3, p. 1107; R.R.S.1943, § 81-829.15; Laws 1973, LB 494, § 19; Laws 1981, LB 204, § 177; Laws 1996, LB 43, § 34.


Cross References

81-829.55. Immunity from liability for activities; covered by Nebraska Workers' Compensation Act; licenses, not required; emergency management worker; powers, duties, immunities, privileges.

(1) All functions provided for in the Emergency Management Act and all other activities relating to emergency management are hereby declared to be governmental functions. The United States, the state, any political subdivision thereof, any other agencies of the United States, the state, or a political subdivision thereof, and, except in cases of willful misconduct, gross negligence, or bad faith, any emergency management worker complying with or reasonably attempting to comply with the provisions of the act, any emergency management act of Congress, or any order, rule, or regulation promulgated pursuant to the act or any emergency management act of Congress or acting pursuant to any ordinance relating to black-out or other precautionary measures enacted by any political subdivision of the state shall not be liable for the death of or injury to persons or for damage to property as a result of any such activity. This section shall not affect the right of any person to receive benefits to which he or she would otherwise be entitled under the Emergency Management Act, under the Nebraska Workers' Compensation Act, or under any pension law or the right of any person to receive any benefits or compensation under any act of Congress.

(2) Any requirement for a license to practice any professional, mechanical, or other skill shall not apply to any authorized emergency management worker who in the course of performing duties as such practices such professional, mechanical, or other skill during a civil defense emergency or declared state of emergency.

(3) Any emergency management worker performing emergency management services at any place in this state pursuant to agreements, compacts, or arrangements for mutual aid and assistance to which the state or a political subdivision thereof is a party shall possess the same powers, duties, immunities, and privileges he or she would ordinarily possess if performing such duties in the state, province, or political subdivision thereof in which normally employed or rendering services.

Source:Laws 1951, c. 315, § 9, p. 1080; Laws 1963, c. 517, § 1, p. 1633; R.R.S.1943, § 81-829.21; Laws 1973, LB 494, § 29; Laws 1975, LB 612, § 3; Laws 1996, LB 43, § 35.


Cross References

Annotations

81-829.56. Interstate Civil Defense and Disaster Compact; enactment; other agreements or compacts; approval.

(1) This state hereby enacts into law and enters into the Interstate Civil Defense and Disaster Compact with all states bordering this state which have enacted or shall hereafter enact the compact in the form substantially as adopted in this state.

(2) The Governor may enter into the compact with any state which does not border this state if he or she finds that joint action with the state is desirable in meeting common intergovernmental problems of emergency disaster planning, prevention, response, and recovery.

(3) Nothing in subsections (1) and (2) of this section shall be construed to limit previous or future entry into the Interstate Civil Defense and Disaster Compact of this state with other states.

(4) If any person holds a license, certificate, or other permit issued by any state or political subdivision thereof evidencing the meeting of qualifications for professional, mechanical, or other skills, the person may render aid involving that skill in this state to meet an emergency or disaster and this state shall give due recognition to the license, certificate, or other permit.

(5) In addition to the Interstate Civil Defense and Disaster Compact, the Governor may enter into and execute on behalf of the State of Nebraska mutual aid agreements or emergency preparedness compacts with other states. Any such agreement or compact shall provide for reimbursement of all costs incurred by the State of Nebraska for actions taken in another state, for indemnification of the State of Nebraska and its employees against all claims, costs, or fees arising from actions taken in another state, and for termination of the agreement or assistance as necessary to meet disasters, emergencies, or other needs of the State of Nebraska. Any mutual aid agreement or emergency preparedness compact other than the Interstate Civil Defense and Disaster Compact which does not meet the requirements specified in this subsection shall be submitted electronically to the Legislature for approval by the Legislature before it can become effective.

Source:Laws 1973, LB 494, § 21; Laws 1996, LB 43, § 36; Laws 2012, LB782, § 172.    


81-829.57. Persons within the state; conduct; personal services; compensation for property; claim; file.

(1) Each person within this state shall conduct himself or herself and keep and manage his or her affairs and property in ways that will reasonably assist and will not unreasonably detract from the ability of the state and the public successfully to meet disasters, emergencies, or civil defense emergencies. This obligation shall include appropriate personal service and use or restriction on the use of property in time of disaster, emergency, or civil defense emergency. The Emergency Management Act shall not be construed to increase or decrease these obligations, but the act recognizes their existence under the Constitution of Nebraska and statutes of this state and the common law. Compensation for services or for the taking or use of property shall be only to the extent that obligations recognized in this subsection are exceeded in a particular case and then only to the extent that the claimant may not be deemed to have volunteered his or her services or property without compensation.

(2) No personal services may be compensated by the state or any subdivision or agency thereof, except pursuant to statute or local law, resolution, or ordinance.

(3) Compensation for property shall be made only if the property was commandeered or otherwise used in coping with a disaster, emergency, or civil defense emergency and its use or destruction was ordered by the Governor or a member of the emergency management forces of this state to whom the Governor has duly delegated such authority.

(4) Any person claiming compensation for the use, damage, loss, or destruction of property under the act shall file a claim therefor with the Nebraska Emergency Management Agency in the form and manner the agency provides.

(5) Unless the amount of compensation on account of property damaged, lost, or destroyed is agreed upon between the claimant and the agency, the amount of compensation shall be calculated in the same manner as compensation due for a taking of property pursuant to the condemnation laws of this state.

(6) Nothing in this section shall apply to or authorize compensation for the destruction or damaging of standing timber or other property in order to provide a fire break or to the release of waters or the breach of impoundments in order to reduce pressure or other danger from actual or threatened flood.

Source:Laws 1973, LB 494, § 22; Laws 1996, LB 43, § 37.


Cross References

81-829.58. Emergency management; supplies and services from federal government; funds; disposition.

Whenever the federal government or any agency or officer thereof offers to the state or, through the state, to any political subdivision thereof services, equipment, supplies, materials, or funds by way of gift, grant, or loan for purposes of disaster response and emergency management, the state, acting through the Governor, or such political subdivision, acting with the consent of the Governor and through its principal executive officer or governing body, may accept such offer. Upon such acceptance the Governor of the state or principal executive officer or governing body of such political subdivision may authorize any officer of the state or such political subdivision to receive such services, equipment, supplies, materials, or funds on behalf of the state or such political subdivision, subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer. All such funds received on behalf of the state shall be remitted to the State Treasurer for credit to a separate and distinct fund unless otherwise specifically provided in the act of Congress making such funds available, or as otherwise allowed and provided by state law.

Source:Laws 1951, c. 315, § 10(3), p. 1081; Laws 1965, c. 342, § 2, p. 973; R.R.S.1943, § 81-829.24; Laws 1973, LB 494, § 23; Laws 1996, LB 43, § 38; Laws 2003, LB 403, § 9.    


81-829.59. Emergency management; supplies and services from private entities; funds; disposition.

Whenever any person, firm, or corporation offers to the state or to any political subdivision thereof services, equipment, supplies, materials, or funds by way of gift, grant, or loan for purposes of disaster response and emergency management, the state, acting through the Governor, or such political subdivision, acting through its principal executive officer or governing body, may accept such offer. Upon such acceptance the Governor of the state or principal executive officer or governing body of such political subdivision may authorize any officer of the state or of the political subdivision to receive such services, equipment, supplies, materials, or funds on behalf of the state or such political subdivision, subject to the terms of the offer. All such funds received on behalf of the state shall be remitted to the State Treasurer for credit to the Governor's Emergency Cash Fund.

Source:Laws 1951, c. 315, § 10(4), p. 1082; Laws 1965, c. 342, § 3, p. 974; R.R.S.1943, § 81-829.25; Laws 1973, LB 494, § 24; Laws 1996, LB 43, § 39; Laws 2003, LB 403, § 10.    


81-829.60. Emergency management; utilization of services, equipment, supplies, and facilities of existing departments and agencies of state.

In carrying out the Emergency Management Act, the Governor and the principal executive officers or governing bodies of the political subdivisions of the state shall utilize the services, equipment, supplies, and facilities of existing departments, offices, and agencies of the state and its political subdivisions to the maximum extent practicable. The officers and personnel of all such departments, offices, and agencies shall cooperate with and extend such services and facilities to the Governor and to the disaster response and emergency management organizations of the state upon request.

Source:Laws 1951, c. 315, § 11, p. 1082; R.R.S.1943, § 81-829.26; Laws 1973, LB 494, § 25; Laws 1996, LB 43, § 40.


81-829.61. Emergency management organizations; political activities prohibited.

No emergency management organization established under the Emergency Management Act shall participate in any form of political activity nor shall it be employed directly or indirectly for political purposes.

Source:Laws 1951, c. 315, § 12, p. 1082; R.R.S.1943, § 81-829.27; Laws 1973, LB 494, § 26; Laws 1996, LB 43, § 41.


81-829.62. Emergency management; personnel; advocation of subversive activities against government; prohibited.

No person shall be employed or associated in any capacity in any emergency management organization established under the Emergency Management Act who advocates or has advocated a change by force or violence in the constitutional form of the government of the United States or in this state or the overthrow of any government in the United States by force or violence or who has been convicted of or is under indictment or information charging any subversive act against the United States.

Source:Laws 1951, c. 315, § 13, p. 1082; Laws 1953, c. 336, § 4, p. 1108; R.R.S.1943, § 81-829.28; Laws 1973, LB 494, § 27; Laws 1996, LB 43, § 42.


81-829.63. Repealed. Laws 1996, LB 43, § 54.

81-829.64. Emergency management organizations; enforce orders, rules, and regulations.

Every emergency management organization established pursuant to the Emergency Management Act and the officers thereof shall execute and enforce such orders, rules, and regulations as may be made by the Governor under the act. Each such organization shall have available for inspection at its office all orders, rules, and regulations made by the Governor or under his or her authority.

Source:Laws 1951, c. 315, § 15, p. 1083; R.R.S.1943, § 81-829.30; Laws 1973, LB 494, § 29; Laws 1996, LB 43, § 43.


81-829.65. Emergency operations; moving of equipment outside limits of local government; law enforcement personnel; powers; insurance.

The governing body of each local government of this state shall take the necessary action to permit the movement of its emergency equipment and personnel, utility equipment and personnel, or such equipment and personnel as defined in the state, city, village, county, or interjurisdictional emergency operations plans outside the limits of such local government in order to render aid in the event of disaster, emergency, or civil defense emergency or in connection with any program of practice or training for such disaster, emergency, or civil defense emergency when such program is conducted or participated in by the Nebraska Emergency Management Agency or with any other related training program. If such personnel includes law enforcement personnel rendering aid in their law enforcement capacity, the law enforcement personnel shall have the power and authority to enforce the laws of this state or any legal ordinances or resolutions of the local government where they are rendering aid or otherwise perform the functions of their office, including the authority to arrest and detain suspects, as if enforcing the laws or performing the functions within the territorial limits of their primary jurisdiction. Such movement may be to any point in this state or may be into any adjoining state when mutual aid arrangements have been entered into on behalf of this state with such other state as authorized by section 81-829.56. Each local government shall self-insure or contract for insurance against any liability for personal injuries or property damage that may be incurred by it or by its personnel as the result of any movement made pursuant to this section.

Source:Laws 1957, c. 380, § 1, p. 1323; R.R.S.1943, § 81-829.32; Laws 1973, LB 494, § 30; Laws 1988, LB 961, § 1; Laws 1996, LB 43, § 44; Laws 1997, LB 546, § 1.


81-829.66. Emergency operations; immunity from liability for licensors of shelter space.

Any person owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege, or otherwise permits the designation or use of the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual, impending, mock or practice attack or disaster shall, together with his successors in interest, if any, not be civilly liable for negligently causing the death of, or injury to, any person on or about such real estate or premises, or loss of, or damage to, the property of such person, at any time such real estate or premises are actually used for such purpose.

Source:Laws 1963, c. 499, § 1, p. 1591; R.R.S.1943, § 81-829.35; Laws 1973, LB 494, § 31.


81-829.67. Storm spotter or emergency management worker; training, identification, and credentialing.

(1) The Nebraska Emergency Management Agency shall develop training, identification, and credentialing standards for a storm spotter or emergency management worker.

(2) For purposes of this section, storm spotter means an individual who performs weather spotting services as an employee or a volunteer of a local emergency management organization and who has been credentialed by the Nebraska Emergency Management Agency under this section.

Source:Laws 2011, LB573, § 3.    


81-829.68. Repealed. Laws 1976, LB 847, § 2.

81-829.69. State of emergency; proclaimed by Governor; powers.

Whenever the Governor has proclaimed a state of emergency pursuant to section 81-829.40, the Governor shall be authorized:

(1) To enter into purchase, lease, or other arrangements with any agency of the United States for temporary housing units to be occupied by disaster, emergency, or civil defense emergency victims and to make such units available to any local government of the state;

(2) To assist any local government of the state which is the location of temporary housing for victims to acquire sites necessary for such temporary housing and to do all things required to prepare such sites to receive and utilize temporary housing units; and

(3) Under such regulations as he or she shall prescribe, to temporarily suspend or modify for not to exceed sixty days any public health, safety, zoning, transportation, or other requirement of law or regulation within this state when by proclamation he or she deems such suspension or modification essential to provide temporary housing for victims.

Source:Laws 1975, LB 612, § 4; Laws 1996, LB 43, § 45.


81-829.70. Temporary housing units; powers of local governments.

Any local government of this state is expressly authorized to acquire, temporarily or permanently, by purchase, lease, or otherwise, sites required for installation of temporary housing units for disaster, emergency, or civil defense emergency victims and to enter into whatever arrangements are necessary to prepare or equip such sites to utilize the housing units.

Source:Laws 1975, LB 612, § 5; Laws 1996, LB 43, § 46.


81-829.71. Major disaster; powers of Governor; apply for federal community disaster loans; cancellation of repayment; when.

Whenever a major disaster has been declared to exist in this state, the Governor shall be authorized:

(1) Upon his determination that a local government of the state will suffer a substantial loss of tax and other revenue from a major disaster and has demonstrated a need for financial assistance to perform its governmental functions, to apply to the federal government, on behalf of the local government, for a loan, and to receive and disburse the proceeds of any approved loan to any applicant local government subject to the terms of the loan. The Governor shall determine the amount needed by any applicant local government to restore or resume its governmental functions, and certify such amount to the federal government; and

(2) To recommend to the federal government, based upon his review, the cancellation of all or any part of repayment when, in the first three full fiscal years following the major disaster, the revenue of the local government is insufficient to meet its operating expenses, including additional disaster-related expenses of municipal operation.

Source:Laws 1975, LB 612, § 6.


81-829.72. State of emergency; powers of Governor; Adjutant General; duty.

(1) Whenever a state of emergency has been declared to exist in this state, the Governor is authorized, upon his or her determination that financial assistance is essential to meet related necessary expenses or serious needs of individuals or families adversely affected by a disaster, emergency, or civil defense emergency that may not be otherwise met from other means of assistance, to (a) accept a grant by the federal government to provide such financial assistance, subject to such terms and conditions as may be imposed upon the grant, and (b) provide assistance from funds appropriated to the Governor's Emergency Program to such individual assistance programs as may be required by terms and conditions of the federal program.

(2) The Adjutant General shall establish such individual assistance programs as shall be necessary to carry out the purposes of subsection (1) of this section.

Source:Laws 1975, LB 612, § 7; Laws 1996, LB 43, § 47; Laws 2003, LB 403, § 11.    


81-829.73. Misstatement concerning financial assistance; penalty.

Any person who fraudulently or willfully makes a misstatement of fact in connection with an application for financial assistance under the Emergency Management Act shall, upon conviction of each offense, be guilty of a Class I misdemeanor.

Source:Laws 1975, LB 612, § 8; Laws 1996, LB 43, § 48; Laws 1996, LB 1044, § 860.


81-829.74. Repealed. Laws 1996, LB 43, § 54.

81-829.75. References to prior act and agency; how construed.

On and after July 19, 1996, all references in statutes, rules, regulations, ordinances, resolutions, and other documents to the Nebraska Disaster and Civil Defense Act of 1973 shall be construed to mean the Emergency Management Act and all references in statutes, rules, regulations, ordinances, resolutions, and other documents to the civil defense agency in the Adjutant General's office shall be construed to mean the Nebraska Emergency Management Agency.

Source:Laws 1996, LB 43, § 49.


81-830. Office of Homeland Security; created; Director of State Homeland Security; Homeland Security Policy Group; created; members; duties.

(1) The Office of Homeland Security is created. The Governor shall appoint the Director of State Homeland Security who shall serve at the pleasure of the Governor.

(2) The purpose of the office is to ensure preparedness by the State of Nebraska in response to terrorist acts. The office shall coordinate efforts regarding domestic security issues with the United States Department of Homeland Security. The Director of State Homeland Security shall serve as the contact between the state and the United States Department of Homeland Security.

(3)(a) The Homeland Security Policy Group is created. The Director of State Homeland Security shall serve as chairperson of the policy group. The policy group is charged with assessing strategic alternatives and recommending broad courses of action for the development of comprehensive strategies. The Governor shall appoint other members of the policy group who shall serve at the will of the Governor. The Executive Board of the Legislative Council shall select one member of the Government, Military and Veterans Affairs Committee and one member of the Appropriations Committee of the Legislature to serve as ex officio nonvoting members of the policy group.

(b) The policy group shall report electronically by March 1 of each year to the executive board identifying federal funds sent to the state in support of its preparedness activities and indicating the use of federal funds received by the state for homeland security, including specific amounts allocated to any unit of state or local government and the use to which the unit shall apply the funds.

(c) The policy group shall not be subject to the Open Meetings Act or to sections 84-712 to 84-712.09.

Source:Laws 2006, LB 940, § 5;    Laws 2012, LB782, § 173.    


Cross References

81-831. Repealed. Laws 1957, c. 381, § 4.

81-832. Repealed. Laws 1957, c. 381, § 4.

81-833. Repealed. Laws 1945, c. 233, § 18.

81-834. Repealed. Laws 1957, c. 381, § 4.

81-835. Repealed. Laws 1957, c. 381, § 4.

81-836. Repealed. Laws 1957, c. 381, § 4.

81-837. Repealed. Laws 1957, c. 381, § 4.

81-838. Repealed. Laws 1957, c. 381, § 4.

81-839. Repealed. Laws 1997, LB 622, § 137.

81-840. Repealed. Laws 1997, LB 622, § 137.

81-841. Repealed. Laws 1997, LB 622, § 137.

81-842. Repealed. Laws 1997, LB 622, § 137.

81-843. Repealed. Laws 1997, LB 622, § 137.

81-844. Repealed. Laws 1997, LB 622, § 137.

81-845. Repealed. Laws 1997, LB 622, § 137.

81-846. Repealed. Laws 1997, LB 622, § 137.

81-846.01. Repealed. Laws 1997, LB 622, § 137.

81-847. Repealed. Laws 1997, LB 622, § 137.

81-848. Repealed. Laws 1997, LB 622, § 137.

81-849. Repealed. Laws 1997, LB 622, § 137.

81-850. Repealed. Laws 1997, LB 622, § 137.

81-851. Repealed. Laws 1997, LB 622, § 137.

81-852. Repealed. Laws 1997, LB 622, § 137.

81-853. Repealed. Laws 1997, LB 622, § 137.

81-854. Repealed. Laws 1997, LB 622, § 137.

81-855. Repealed. Laws 1997, LB 622, § 137.

81-856. Repealed. Laws 1997, LB 622, § 137.

81-857. Transferred to section 81-8,220.

81-858. Transferred to section 81-8,236.

81-859. Transferred to section 81-8,237.

81-860. Transferred to section 81-8,238.

81-861. Transferred to section 81-8,239.

81-862. Repealed. Laws 1973, LB 68, § 49.

81-863. Repealed. Laws 1973, LB 68, § 49.

81-864. Repealed. Laws 1973, LB 68, § 49.

81-865. Repealed. Laws 1973, LB 68, § 49.

81-866. Repealed. Laws 1973, LB 68, § 49.

81-867. Repealed. Laws 1973, LB 68, § 49.

81-868. Repealed. Laws 1973, LB 68, § 49.

81-869. Repealed. Laws 1973, LB 68, § 49.

81-870. Repealed. Laws 1973, LB 68, § 49.

81-871. Repealed. Laws 1973, LB 68, § 49.

81-872. Repealed. Laws 1973, LB 68, § 49.

81-873. Repealed. Laws 1973, LB 68, § 49.

81-874. Repealed. Laws 1973, LB 68, § 49.

81-875. Repealed. Laws 1973, LB 68, § 49.

81-875.01. Repealed. Laws 1973, LB 68, § 49.

81-875.02. Repealed. Laws 1973, LB 68, § 49.

81-875.03. Repealed. Laws 1973, LB 68, § 49.

81-876. Repealed. Laws 1973, LB 68, § 49.

81-877. Repealed. Laws 1973, LB 68, § 49.

81-877.01. Repealed. Laws 1973, LB 68, § 49.

81-878. Repealed. Laws 1973, LB 68, § 49.

81-879. Repealed. Laws 1973, LB 68, § 49.

81-880. Repealed. Laws 1973, LB 68, § 49.

81-881. Repealed. Laws 1973, LB 68, § 49.

81-882. Repealed. Laws 1973, LB 68, § 49.

81-883. Repealed. Laws 1973, LB 68, § 49.

81-884. Repealed. Laws 1973, LB 68, § 49.

81-884.01. Repealed. Laws 1973, LB 68, § 49.

81-884.02. Repealed. Laws 1973, LB 68, § 49.

81-884.03. Repealed. Laws 1959, c. 439, § 7.

81-885. Act, how cited.

Sections 81-885 to 81-885.56 shall be known and may be cited as the Nebraska Real Estate License Act.

Source:Laws 2009, LB30, § 1;    Laws 2010, LB931, § 26;    Laws 2016, LB678, § 1.    


81-885.01. Terms, defined.

For purposes of the Nebraska Real Estate License Act, unless the context otherwise requires:

(1) Real estate means and includes condominiums and leaseholds, as well as any other interest or estate in land, whether corporeal, incorporeal, freehold, or nonfreehold, and whether the real estate is situated in this state or elsewhere;

(2) Broker means any person who, for any form of compensation or consideration or with the intent or expectation of receiving the same from another, negotiates or attempts to negotiate the listing, sale, purchase, exchange, rent, lease, or option for any real estate or improvements thereon, or assists in procuring prospects or holds himself or herself out as a referral agent for the purpose of securing prospects for the listing, sale, purchase, exchange, renting, leasing, or optioning of any real estate or collects rents or attempts to collect rents, gives a broker's price opinion or comparative market analysis, or holds himself or herself out as engaged in any of the foregoing. Broker also includes any person: (a) Employed, by or on behalf of the owner or owners of lots or other parcels of real estate, for any form of compensation or consideration to sell such real estate or any part thereof in lots or parcels or make other disposition thereof; (b) who auctions, offers, attempts, or agrees to auction real estate; or (c) who buys or offers to buy or sell or otherwise deals in options to buy real estate;

(3) Associate broker means a person who has a broker's license and who is employed by another broker to participate in any activity described in subdivision (2) of this section;

(4) Designated broker means an individual holding a broker's license who has full authority to conduct the real estate activities of a real estate business. In a sole proprietorship, the owner, or broker identified by the owner, shall be the designated broker. In the event the owner identifies the designated broker, the owner shall file a statement with the commission subordinating to the designated broker full authority to conduct the real estate activities of the sole proprietorship. In a partnership, limited liability company, or corporation, the partners, limited liability company members, or board of directors shall identify the designated broker for its real estate business by filing a statement with the commission subordinating to the designated broker full authority to conduct the real estate activities of the partnership, limited liability company, or corporation. The designated broker shall also be responsible for supervising the real estate activities of any associate brokers or salespersons;

(5) Inactive broker means an associate broker whose license has been returned to the commission by the licensee's broker, a broker who has requested the commission to place the license on inactive status, a new licensee who has failed to designate an employing broker or have the license issued as an individual broker, or a broker whose license has been placed on inactive status under statute, rule, or regulation;

(6) Salesperson means any person, other than an associate broker, who is employed by a broker to participate in any activity described in subdivision (2) of this section;

(7) Inactive salesperson means a salesperson whose license has been returned to the commission by the licensee's broker, a salesperson who has requested the commission to place the license on inactive status, a new licensee who has failed to designate an employing broker, or a salesperson whose license has been placed on inactive status under statute, rule, or regulation;

(8) Person means and includes individuals, corporations, partnerships, and limited liability companies, except that when referring to a person licensed under the act, it means an individual;

(9) Team means two or more persons licensed by the commission who (a) work under the supervision of the same broker, (b) work together on real estate transactions to provide real estate brokerage services, (c) represent themselves to the public as being part of a team, and (d) are designated by a team name;

(10) Team leader means any person licensed by the commission and appointed or recognized by his or her broker as the leader for his or her team;

(11) Subdivision or subdivided land means any real estate offered for sale and which has been registered under the Interstate Land Sales Full Disclosure Act, 15 U.S.C. 1701 et seq., as such act existed on January 1, 1973, or real estate located out of this state which is divided or proposed to be divided into twenty-five or more lots, parcels, or units;

(12) Subdivider means any person who causes land to be subdivided into a subdivision for himself, herself, or others or who undertakes to develop a subdivision but does not include a public agency or officer authorized by law to create subdivisions;

(13) Purchaser means a person who acquires or attempts to acquire or succeeds to an interest in land;

(14) Commission means the State Real Estate Commission;

(15) Broker's price opinion means an analysis, opinion, or conclusion prepared by a person licensed under the Nebraska Real Estate License Act in the ordinary course of his or her business relating to the price of specified interests in or aspects of identified real estate or identified real property for the purpose of (a) listing, purchase, or sale, (b) originating, extending, renewing, or modifying a loan in a transaction other than a federally related transaction, or (c) real property tax appeals;

(16) Comparative market analysis means an analysis, opinion, or conclusion prepared by a person licensed under the act in the ordinary course of his or her business relating to the price of specified interests in or aspects of identified real estate or identified real property by comparison to other real property currently or recently in the marketplace for the purpose of (a) listing, purchase, or sale, (b) originating, extending, renewing, or modifying a loan in a transaction other than a federally related transaction, or (c) real property tax appeals;

(17) Distance education means courses in which instruction does not take place in a traditional classroom setting, but rather through other media by which instructor and student are separated by distance and sometimes by time;

(18) Regulatory jurisdiction means a state, district, or territory of the United States, a province of Canada or a foreign country, or a political subdivision of a foreign country, which has implemented and administers laws regulating the activities of a broker;

(19) Federal financial institution regulatory agency means (a) the Board of Governors of the Federal Reserve System, (b) the Federal Deposit Insurance Corporation, (c) the Office of the Comptroller of the Currency, (d) the Office of Thrift Supervision, (e) the National Credit Union Administration, or (f) the successors of any of those agencies; and

(20) Federally related transaction means a real-estate-related transaction that (a) requires the services of an appraiser and (b) is engaged in, contracted for, or regulated by a federal financial institution regulatory agency.

Source:Laws 1973, LB 68, § 1; Laws 1979, LB 68, § 1; Laws 1983, LB 182, § 1; Laws 1990, LB 350, § 1; Laws 1991, LB 118, § 2; Laws 1993, LB 121, § 529; Laws 1999, LB 618, § 6;    Laws 2002, LB 863, § 10;    Laws 2007, LB26, § 1;    Laws 2010, LB931, § 27;    Laws 2015, LB375, § 1;    Laws 2016, LB678, § 2.    


Annotations

81-885.02. Broker, associate broker, real estate salesperson; license required; exemption.

After September 2, 1973, it shall be unlawful for any person, directly or indirectly, to engage in or conduct, or to advertise or hold himself or herself out as engaging in or conducting the business, or acting in the capacity, of a real estate broker, associate broker, or real estate salesperson within this state without first obtaining a license as such broker, associate broker, or salesperson, as provided in the Nebraska Real Estate License Act, unless he or she is exempted from obtaining a license under section 81-885.04.

Source:Laws 1973, LB 68, § 2; Laws 1983, LB 182, § 2; Laws 2009, LB30, § 2.    


Annotations

81-885.03. Broker, associate broker, salesperson, defined; license required; cease and desist order; violation; fine; procedure.

(1) Any person who, directly or indirectly for another, with the intention or upon the promise of receiving any form of compensation or consideration, offers, attempts, or agrees to perform or performs any single act described in subdivision (2) of section 81-885.01, whether as a part of a transaction, or as an entire transaction, shall be deemed a broker, associate broker, or salesperson within the meaning of the Nebraska Real Estate License Act, and such action shall constitute sufficient contact with the state for the exercise of personal jurisdiction over such person in any action arising out of such action. Committing a single act described in such subdivision by a person required to be licensed under the Nebraska Real Estate License Act and not so licensed shall constitute a violation of the act for which the commission may impose sanctions pursuant to this section for the protection of the public health, safety, or welfare.

(2) Notwithstanding any other provision of the law to the contrary, the director may issue a cease and desist order against any person who violates this section by performing any action described in subsection (1) of this section without the appropriate license. Such order shall be final ten days after issuance unless the violator requests a hearing pursuant to section 81-885.25.

(3) If such person violates a cease and desist order issued pursuant to this section, he or she shall be subject to further proceedings before the commission. If, during such proceedings, the commission makes a finding of guilt, the commission may impose a fine not to exceed (a) one thousand dollars for each day that any action is performed without the appropriate license following the issuance of the order or (b) the amount of all money earned as commission by the violator, whichever is greater. Judgments for the collection of any fine imposed under this section may be filed in the district court of any county in this state.

(4) Notice and hearing requirements under this section shall be in accordance with the Administrative Procedure Act.

Source:Laws 1973, LB 68, § 3; Laws 1983, LB 182, § 3; Laws 2002, LB 863, § 11;    Laws 2010, LB691, § 1.    


Cross References

81-885.04. Act; exceptions.

Except as to the requirements with respect to the subdivision of land, the Nebraska Real Estate License Act shall not apply to:

(1) Any person, partnership, limited liability company, or corporation who as owner or lessor shall perform any of the acts described in subdivision (2) of section 81-885.01 with reference to property owned or leased by him, her, or it or to the regular employees thereof, with respect to the property so owned or leased, when such acts are performed in the regular course of or as an incident to the management, sale, or other disposition of such property and the investment therein, except that such regular employees shall not perform any of the acts described in such subdivision in connection with a vocation of selling or leasing any real estate or the improvements thereon;

(2) An attorney in fact under a duly executed power of attorney to convey real estate from the owner or lessor or the services rendered by any attorney at law in the performance of his or her duty as such attorney at law;

(3) Any person acting as receiver, trustee in bankruptcy, personal representative, conservator, or guardian or while acting under a court order or under the authority of a will or of a trust instrument or as a witness in any judicial proceeding or other proceeding conducted by the state or any governmental subdivision or agency;

(4) Any person acting as the resident manager of an apartment building, duplex, apartment complex, or court, when such resident manager resides on the premises and is engaged in the leasing of property in connection with his or her employment, or any employee, parent, child, brother, or sister of the owner or any employee of a licensed broker who manages rental property for the owner of such property;

(5) Any officer or employee of a federal agency in the conduct of his or her official duties;

(6) Any officer or employee of the state government or any political subdivision thereof performing his or her official duties for real estate tax purposes or performing his or her official duties related to the acquisition of any interest in real property when the interest is being acquired for a public purpose;

(7) Any person or any employee thereof who renders an estimate or opinion of value of real estate or any interest therein when such estimate or opinion of value is for the purpose of real estate taxation; or

(8) Any person who, for himself or herself or for others, purchases or sells oil, gas, or mineral leases or performs any activities related to the purchase or sale of such leases.

Source:Laws 1973, LB 68, § 4; Laws 1981, LB 185, § 1; Laws 1983, LB 66, § 1; Laws 1983, LB 182, § 4; Laws 1990, LB 350, § 2; Laws 1993, LB 121, § 530.


Annotations

81-885.05. Railroads; public utilities; applicability of act.

The Nebraska Real Estate License Act shall not apply to railroads and other public utilities regulated by the State of Nebraska, or their subsidiaries or affiliated corporations, or to the officers or regular employees thereof, unless performance of any of the acts described in subdivision (2) of section 81-885.01 is in connection with the sale, purchase, lease, or other disposition of real estate or investment therein unrelated to the principal business activity of such railroad or other public utility or affiliated or subsidiary corporation thereof.

Source:Laws 1973, LB 68, § 5; Laws 1983, LB 182, § 5; Laws 2009, LB30, § 3.    


81-885.06. Action for recovery of compensation; prohibited, except to licensed brokers, associate brokers, or salespersons.

No action or suit shall be instituted, nor recovery be had, in any court of this state by any person for compensation for any act done or service rendered, the doing or rendering of which is prohibited under the Nebraska Real Estate License Act to other than licensed brokers, licensed associate brokers, or licensed salespersons. A licensed broker may bring an action in the name of a partnership, limited liability company, or corporation if the broker operates under any of such business organizations.

Source:Laws 1973, LB 68, § 6; Laws 1978, LB 361, § 2; Laws 1983, LB 182, § 6; Laws 1993, LB 121, § 531.


Annotations

81-885.07. State Real Estate Commission; created; members; appointment; qualifications; compensation; director; rules and regulations; conduct real estate institutes and seminars; fees.

(1) There is hereby created the State Real Estate Commission which shall consist of the Secretary of State, who shall be chairperson of the commission, and six members appointed by the Governor. Three of the members of the commission appointed by the Governor shall be active and licensed real estate brokers who have engaged in the real estate business as brokers or associate brokers for not less than five years, which members shall be appointed by the Governor, one from each of the three congressional districts as the districts were constituted on January 1, 2006. The remaining members shall be appointed at large, one of whom shall be representative of the public, one of whom shall be a licensed real estate salesperson who has engaged in the real estate business as a salesperson for not less than three years, and one of whom shall be an active and licensed real estate broker who has engaged in the real estate business as a broker or associate broker for not less than five years. The member representing the former congressional district 1 on July 14, 2006, shall represent congressional district 1 for the balance of his or her term. The member representing the former congressional district 2 on July 14, 2006, shall represent congressional district 2 for the balance of his or her term. The member representing the former congressional district 3 on July 14, 2006, shall become an at-large member for the balance of his or her term. The member representing the former congressional district 4 on July 14, 2006, shall represent congressional district 3 for the balance of his or her term.

(2) At the expiration of the term of any member of the commission, the Governor shall appoint a successor for a term of six years. Any appointed member shall be limited to one six-year term, in addition to any partial term served. In the event of a vacancy on the commission, the Governor shall fill such vacancy by appointing a member to serve during the unexpired term of the member whose office has become vacant. In the absence of the chairperson, the senior member of the commission in point of service present shall serve as presiding officer. Not less than four members of the commission must be present at any official meeting of the commission. The action of the majority of the members of the commission shall be deemed the action of the commission. No appointed person may act as a member of the commission while holding any other elective or appointive state or federal office.

(3) Each member of the commission shall receive as compensation for each day actually spent on official duties at scheduled meetings the sum of one hundred dollars and actual and necessary expenses incurred in the performance of his or her official duties.

(4) The commission shall employ a director who shall keep a record of all the proceedings, transactions, communications, and official acts of the commission, be custodian of all the records of the commission, and perform such other duties as the commission may require. The director shall call a meeting of the commission at his or her discretion or upon the direction of the chairperson or upon a written request of two or more members of the commission. The commission may employ such other employees as may be necessary to properly carry out the Nebraska Real Estate License Act, fix the salaries of such employees, and make such other expenditures as are necessary to properly carry out the act. The office of the commission shall be maintained in Lincoln and all files, records, and property of the commission shall remain in such office. Neither the director nor any employee of the commission may be an officer or paid employee of any real estate association or group of real estate dealers or brokers.

(5) The commission may adopt and promulgate rules and regulations relating to the administration of but not inconsistent with the act.

(6) The commission may conduct or assist in conducting real estate institutes and seminars and incur and pay the necessary expenses in connection therewith, which institutes or seminars shall be open to all licensees.

(7) The commission may charge reasonable fees for services it renders, not to exceed the actual costs thereof, except as otherwise provided in the act. The fees established by the commission pursuant to the act shall be established at the level necessary to meet expenditures of the commission as approved by the Legislature and to provide a sufficient cash fund balance.

Source:Laws 1973, LB 68, § 7; Laws 1978, LB 361, § 3; Laws 1983, LB 182, § 7; Laws 1990, LB 350, § 3; Laws 1991, LB 204, § 1; Laws 2006, LB 819, § 1.    


81-885.08. Seal; adopt; use.

The commission shall adopt a seal, which may be either an engraved or ink stamp seal, with the words State Real Estate Commission, State of Nebraska and such other device as the commission may desire included thereon, by which the acts of the commission shall be authenticated. Copies of all records and papers in the office of the commission, certified by the signature of the director and the seal of the commission, shall be received in evidence in all cases equally and with like effect as the originals.

Source:Laws 1973, LB 68, § 8.


81-885.09. Attorney General; opinions on questions of law; act as attorney; fees and expenses; paid from State Real Estate Commission's Fund.

The Attorney General shall render to the State Real Estate Commission opinions on all questions of law relating to the interpretation of the Nebraska Real Estate License Act or arising in the administration thereof and shall act as attorney for the commission in all actions and proceedings brought by or against it under or pursuant to the act. All fees and expenses of the Attorney General arising out of such duties shall be paid out of the State Real Estate Commission's Fund.

Source:Laws 1973, LB 68, § 9; Laws 1983, LB 182, § 8; Laws 2009, LB30, § 4.    


81-885.10. Commission; powers; licensing; sanctions; consent decrees; civil fine.

The commission shall have the full power to regulate the issuance of licenses and the activities of licensees and may impose sanctions pursuant to this section for the protection of the public health, safety, or welfare. The commission may revoke or suspend licenses issued under the Nebraska Real Estate License Act, censure licensees, enter into consent decrees, and issue cease and desist orders to violators of section 81-885.03. The commission may, alone or in combination with such disciplinary actions, impose a civil fine on a licensee for each violation alleged in a complaint for which the commission has made a finding of guilt, except that the total fine for such violations shall not exceed two thousand five hundred dollars per complaint. The commission may also impose a civil fine on violators of section 81-885.03 subject to the limits in such section.

The commission shall retain its powers under this section with respect to the actions of a licensee, whether or not he or she continues to be licensed under the act.

Source:Laws 1973, LB 68, § 10; Laws 1983, LB 182, § 9; Laws 2009, LB30, § 5;    Laws 2010, LB691, § 2.    


81-885.11. Broker or salesperson; application for license; contents; expiration.

(1) Any person desiring to act as a real estate broker or real estate salesperson shall file an application for a license with the commission. The application shall be in such form and detail as the commission prescribes, setting forth the following:

(a) The name and address of the applicant and, when applicable, the name under which he or she intends to conduct business; if the applicant will be conducting business through a partnership, the name and residence address of each member thereof, the name of the partnership's designated broker, and the name under which the partnership business is to be conducted; if the applicant will be conducting business through a limited liability company, the name and address of each of its members, the name of the company's designated broker, and the name under which the business will be conducted; if the applicant will be conducting business through a corporation, the name and address of each of its principal officers, the name of the corporation's designated broker, and the name under which the business will be conducted; and if the applicant is an individual, the applicant's social security number;

(b) The place or places, including the city or village with the street and street number, if any, where the business is to be conducted; and

(c) Such other information as the commission requires.

(2) An application for a broker's or salesperson's license shall expire one year after date of receipt in the commission office.

Source:Laws 1973, LB 68, § 11; Laws 1978, LB 361, § 4; Laws 1983, LB 182, § 10; Laws 1990, LB 350, § 4; Laws 1993, LB 121, § 532; Laws 1997, LB 752, § 219; Laws 2002, LB 863, § 12;    Laws 2014, LB687, § 1.    


81-885.12. License; when granted.

(1) Licenses shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of broker or salesperson in such manner as to safeguard the interest of the public and only after satisfactory proof of such qualifications has been presented to the commission. No license shall be granted to an applicant who will be conducting business through a corporation, partnership, or limited liability company unless any stockholder, partner, or member having a controlling interest therein, if any, bears a good reputation for honesty, trustworthiness, and integrity.

(2) When an applicant has been convicted of forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or any other similar offense or offenses or has been convicted of a felony or a crime involving moral turpitude in any court of competent jurisdiction of this or any other state, district, or territory of the United States or of a foreign country, such untrustworthiness of the applicant and the conviction may in itself be sufficient ground for refusal of a license.

(3) The commission may in its discretion deny a license to any person who has engaged in the real estate business without a license.

(4) When an applicant has made a false statement of material fact on an application, such false statement may in itself be sufficient ground for refusal of a license.

(5) Grounds for suspension or revocation of a license, as provided for by the Nebraska Real Estate License Act, or the previous revocation of a real estate license shall also be grounds for refusal to grant a license.

Source:Laws 1973, LB 68, § 12; Laws 1978, LB 361, § 5; Laws 1983, LB 182, § 11; Laws 1990, LB 350, § 5; Laws 1993, LB 121, § 533; Laws 2002, LB 863, § 13.    


Annotations

81-885.13. License; conditions for issuance; enumerated; examination; fingerprinting; criminal history record information check; courses of study.

(1) No broker's or salesperson's license shall be issued to any person who has not attained the age of nineteen years. No broker's or salesperson's license shall be issued to any person who is not a high school graduate or the holder of a certificate of high school equivalency.

(2) Each applicant for a salesperson's license shall furnish evidence that he or she has completed two courses in real estate subjects, approved by the commission, composed of not less than sixty class hours of study or, in lieu thereof, courses delivered in a distance education format approved by the commission.

(3) Each applicant for a broker's license shall either (a) have first served actively for two years as a licensed salesperson or broker and shall furnish evidence of completion of sixty class hours in addition to the hours required by subsection (2) of this section in a course of study approved by the commission or, in lieu thereof, courses delivered in a distance education format approved by the commission, or (b) furnish a certificate that he or she has passed a course of at least eighteen credit hours in subjects related to real estate at an accredited university or college, or completed six courses in real estate subjects composed of not less than one hundred eighty class hours in a course of study approved by the commission or, in lieu thereof, courses delivered in a distance education format approved by the commission.

(4) Each applicant for a broker's license must pass a written examination covering generally the matters confronting real estate brokers, and each applicant for a salesperson's license must pass a written examination covering generally the matters confronting real estate salespersons. Such examination may be taken before the commission or any person designated by the commission. Failure to pass the examination shall be grounds for denial of a license without further hearing. Within thirty days after passing the examination the applicant must complete all requirements necessary for the issuance of a license. The commission may prepare and distribute to licensees under the Nebraska Real Estate License Act informational material deemed of assistance in the conduct of their business.

(5) An applicant for an original broker's or salesperson's license shall be subject to fingerprinting and a check of his or her criminal history record information maintained by the Federal Bureau of Investigation through the Nebraska State Patrol. After filing application for a license, each applicant shall furnish directly to the Nebraska State Patrol, or to a fingerprint processing service that may be selected by the commission for this purpose, a full set of fingerprints to enable a criminal background investigation to be conducted. The applicant shall request that the Nebraska State Patrol submit the fingerprints to the Federal Bureau of Investigation for a national criminal history record check. The applicant shall pay the actual cost, if any, of the fingerprinting and check of his or her criminal history record information. The applicant shall authorize release of the national criminal history record check to the commission.

(6) Courses of study, referred to in subsections (2) and (3) of this section, shall include courses offered by private proprietary real estate schools when such courses are prescribed by the commission and are taught by instructors approved by the commission. The commission shall monitor schools offering approved real estate courses and for good cause shall have authority to suspend or withdraw approval of such courses or instructors.

Source:Laws 1973, LB 68, § 13; Laws 1973, LB 580, § 1; Laws 1978, LB 361, § 6; Laws 1980, LB 936, § 1; Laws 1983, LB 182, § 12; Laws 2002, LB 863, § 14;    Laws 2003, LB 60, § 1;    Laws 2014, LB687, § 2;    Laws 2017, LB16, § 1.    


81-885.14. Fees; license; renewal; procedure.

(1) To pay the expense of the maintenance and operation of the office of the commission and the enforcement of the Nebraska Real Estate License Act, the commission shall, at the time an application is submitted, collect from an applicant for each broker's or salesperson's examination a fee to be established by the commission of not more than two hundred fifty dollars and an application fee of not more than two hundred fifty dollars. The commission shall also collect a reexamination fee to be established by the commission of not more than two hundred fifty dollars for each reexamination. The commission may direct an applicant to pay the examination or reexamination fee to a third party who has contracted with the commission to administer the examination. Prior to the issuance of an original license, each applicant who has passed the examination required by section 81-885.13 or who has received a license under section 81-885.17 shall pay a license fee to be established by the commission. The license fee established by the commission shall not exceed the following amounts: For a broker's license, not more than two hundred fifty dollars; and for a salesperson's license, not more than two hundred dollars.

(2) After the original issuance of a license, a renewal application and a renewal fee to be established by the commission of not more than five hundred dollars for each broker, and not more than four hundred dollars for each salesperson, shall be due and payable on or before November 30 of each renewal year. A broker or salesperson who: (a) Is required to submit evidence of completion of continuing education pursuant to section 81-885.51 on or before November 30, 2011, shall renew his or her license on or before such date for two years; (b) is not required to submit evidence of completion of continuing education until November 30, 2012, shall renew his or her license on or before November 30, 2011, for one year and shall renew his or her license on or before November 30, 2012, for two years; or (c) receives his or her original license on or after January 1, 2011, shall renew his or her license on or before the immediately following November 30 for two years. Each subsequent renewal under subdivisions (a), (b), and (c) of this subsection shall be for a two-year period and shall be due on or before November 30 of each renewal year. Failure to remit renewal fees when due shall automatically cancel such license on December 31 of the renewal year, but otherwise the license shall remain in full force and effect continuously from the date of issuance unless suspended or revoked by the commission for just cause. Any licensee who fails to file an application for the renewal of any license and pay the renewal fee as provided in this section may file a late renewal application and shall pay, in addition to the renewal fee, an amount to be established by the commission of not more than twenty-five dollars for each month or fraction thereof beginning with the first day of December if such late application is filed before July 1 of the ensuing year.

(3) Any check presented to the commission as a fee for either an original or renewal license or for examination for license which is returned to the State Treasurer unpaid or any electronic payment presented to the commission as a fee for either an original or renewal license or for examination for license that is not accepted against the commission shall be cause for revocation or denial of license.

(4) An inactive broker or salesperson may renew his or her license by submitting an application before December 1 prior to the ensuing year. Such broker or salesperson shall submit the renewal fee together with the completed renewal application on which he or she has noted his or her present inactive status. Any broker or salesperson whose license has been renewed on such inactive status shall not be permitted to engage in the real estate business until such time as he or she fulfills the requirements for active status. Any license which has been inactive for a continuous period of more than three years shall be reinstated only if the licensee has met the examination requirement of an original applicant.

Source:Laws 1973, LB 68, § 14; Laws 1976, LB 899, § 1; Laws 1978, LB 361, § 7; Laws 1980, LB 936, § 2; Laws 1983, LB 182, § 13; Laws 1990, LB 350, § 6; Laws 1991, LB 118, § 3; Laws 1991, LB 204, § 2; Laws 2009, LB11, § 1;    Laws 2011, LB23, § 1.    


81-885.15. Fees; deposited in State Real Estate Commission's Fund; investment.

All fees collected under the Nebraska Real Estate License Act shall be deposited in the state treasury in a fund to be known as the State Real Estate Commission's Fund. The commission may use such part of the money in this fund as is necessary to be used by it in the administration and enforcement of the act. Transfers may be made from the fund to the General Fund at the direction of the Legislature through June 30, 2019. The State Real Estate Commission's Fund shall be paid out only upon proper vouchers and upon warrants issued by the Director of Administrative Services and countersigned by the State Treasurer, as provided by law. The expenses of conducting the office must always be kept within the income collected and deposited with the State Treasurer by such commission and such office, and the expense thereof shall not be supported or paid from any other state fund. Any money in the State Real Estate Commission's 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 Treasurer shall transfer two hundred thousand dollars from the State Real Estate Commission's Fund to the General Fund on or before June 30, 2018, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services. The State Treasurer shall transfer two hundred thousand dollars from the State Real Estate Commission's Fund to the General Fund on or before June 30, 2019, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services.

Source:Laws 1973, LB 68, § 15; Laws 1983, LB 182, § 14; Laws 2009, LB30, § 6;    Laws 2009, First Spec. Sess., LB3, § 68;    Laws 2017, LB331, § 49.    


Cross References

81-885.16. Real Property Appraiser Act; applicability; broker's price opinion or comparative market analysis; requirements.

(1) The Real Property Appraiser Act shall not apply to a person licensed under the Nebraska Real Estate License Act who, in the ordinary course of his or her business, gives a broker's price opinion or comparative market analysis, except that such opinion or analysis shall not be referred to as an appraisal.

(2) No compensation, fee, or other consideration shall be charged for a broker's price opinion or comparative market analysis other than a real estate commission or brokerage fee charged or paid for brokerage services rendered in connection with the sale of the real estate involved unless the opinion or analysis is in writing, is signed by the preparer, includes the date on which it was prepared, and contains or has attached thereto the following disclosure in bold fourteen-point type: This opinion or analysis is not an appraisal. It is intended only for the benefit of the addressee for the purpose of assisting buyers or sellers or prospective buyers or sellers in deciding the listing, offering, or sale price of the real property, for lending purposes in a transaction other than a federally related transaction, or for real property tax appeal purposes. This opinion or analysis is not governed by the Real Property Appraiser Act.

(3) A broker's price opinion or comparative market analysis prepared for an existing or potential lienholder originating, extending, renewing, or modifying a loan in a transaction other than a federally related transaction may not be used as the sole basis to determine the value of the real estate for the purpose of originating a loan secured by such real estate, and the person giving the opinion or analysis must be engaged directly by the lienholder or its agent. Such person shall have no duty to inquire as to any other basis used to determine such value.

Source:Laws 2010, LB931, § 28;    Laws 2015, LB375, § 2.    


Cross References

81-885.17. Nonresident broker's license; nonresident salesperson's license; issuance; requirements; fingerprinting; criminal history record information check; reciprocal agreements.

(1)(a) A nonresident of this state who is actively engaged in the real estate business, who maintains a place of business in his or her resident regulatory jurisdiction, and who has been duly licensed in that regulatory jurisdiction to conduct such business in that regulatory jurisdiction may, in the discretion of the commission, be issued a nonresident broker's license.

(b) A nonresident salesperson employed by a broker holding a nonresident broker's license may, in the discretion of the commission, be issued a nonresident salesperson's license under such nonresident broker.

(c) A nonresident who becomes a resident of the State of Nebraska and who holds a broker's or salesperson's license in his or her prior resident regulatory jurisdiction shall be issued a resident broker's or salesperson's license upon filing an application, paying the applicable license fee, complying with the criminal history record information check under subsection (4) of this section, filing the affidavit required by subsection (7) of this section, and providing to the commission adequate proof of completion of a three-hour class approved by the commission specific to the Nebraska Real Estate License Act and sections 76-2401 to 76-2430.

(2) Obtaining a nonresident broker's license shall constitute sufficient contact with this state for the exercise of personal jurisdiction over the licensee in any action arising out of the licensee's activity in this state.

(3) Prior to the issuance of any license to a nonresident applicant, he or she shall: (a) File with the commission a duly certified copy of the license issued to the applicant by his or her resident regulatory jurisdiction or provide verification of such licensure to the commission; (b) pay to the commission the nonresident license fee as provided in section 81-885.14 for the obtaining of a broker's or salesperson's license; and (c) provide to the commission adequate proof of completion of a three-hour class approved by the commission specific to the Nebraska Real Estate License Act and sections 76-2401 to 76-2430.

(4) An applicant for an original nonresident broker's or salesperson's license shall be subject to fingerprinting and a check of his or her criminal history record information maintained by the Federal Bureau of Investigation through the Nebraska State Patrol. After filing application for a license, each applicant shall furnish directly to the Nebraska State Patrol, or to a fingerprint processing service that may be selected by the commission for this purpose, a full set of fingerprints to enable a criminal background investigation to be conducted. The applicant shall request that the Nebraska State Patrol submit the fingerprints to the Federal Bureau of Investigation for a national criminal history record check. The applicant shall pay the actual cost, if any, of the fingerprinting and check of his or her criminal history record information. The applicant shall authorize release of the national criminal history record check to the commission.

(5) Nothing in this section shall preclude the commission from entering into reciprocal agreements with other regulatory jurisdictions when such agreements are necessary to provide Nebraska residents authority to secure licenses in other regulatory jurisdictions.

(6) Nonresident licenses granted as provided in this section shall remain in force for only as long as the requirements of issuing and maintaining a license are met unless (a) suspended or revoked by the commission for just cause or (b) lapsed for failure to pay the annual renewal fee.

(7) Prior to the issuance of any license to a nonresident applicant, he or she shall file an affidavit with the commission certifying that the applicant has reviewed and is familiar with the Nebraska Real Estate License Act and the rules and regulations of the commission and agrees to be bound by the act, rules, and regulations.

Source:Laws 1973, LB 68, § 17; Laws 1980, LB 936, § 3; Laws 1983, LB 182, § 15; Laws 1983, LB 447, § 95; Laws 1990, LB 350, § 7; Laws 2002, LB 863, § 15;    Laws 2003, LB 60, § 2;    Laws 2006, LB 819, § 2;    Laws 2008, LB715, § 1;    Laws 2011, LB25, § 16;    Laws 2014, LB687, § 3;    Laws 2017, LB16, § 2.    


81-885.18. Application; refusal; hearing; decision.

(1) If the director of the commission, after an application in proper form has been filed with the commission, accompanied by the proper fee, refuses to accept the application, the director shall give notice of the fact to the applicant within twenty days after his or her ruling, order, or decision.

(2) Upon written request from the applicant, filed within thirty days after receipt of such notice by the applicant, the commission shall set the matter down for a hearing to be conducted within ninety days after receipt of the applicant's request.

(3) The hearing shall be at such time and place as the commission shall prescribe. At least twenty days prior to the date set for the hearing the commission shall notify the applicant and other persons protesting, and the notice shall set forth the reasons why the director refused to accept the application. Such written notice of hearing may be served by delivery personally to the applicant and protesters or by mailing the same by registered or certified mail to the last-known business address of the applicant and protesters.

(4) At the hearing the applicant shall be entitled to examine, either in person or by counsel, any and all persons protesting against him or her, as well as all other witnesses whose testimony is relied upon to substantiate any protest or denial of the application. The applicant shall be entitled to present such evidence, written and oral, as he or she may see fit and as may be pertinent to the inquiry.

(5) At the hearing all witnesses shall be duly sworn by the chairperson of the commission, or any member thereof, and stenographic notes of the proceedings shall be taken. Any party to the proceedings desiring a copy of the stenographic notes shall be furnished with a copy upon the payment to the commission of such fee as the commission shall prescribe, if the request is made within ten days after the date of any order issued by the commission.

(6) The commission shall render a decision on any application within sixty days after the final hearing on such application and shall immediately notify the parties to the proceedings, in writing, of its ruling, order, or decision.

Source:Laws 1973, LB 68, § 18; Laws 1975, LB 354, § 1; Laws 1983, LB 182, § 16; Laws 1990, LB 350, § 8; Laws 2002, LB 863, § 16.    


81-885.19. License; form; broker's branch office; license; fee.

(1) The commission shall prescribe the forms of brokers' and salespersons' licenses.

(2) If a broker maintains more than one place of business within the state, he or she shall obtain a branch office license for each branch office so maintained by him or her. The commission shall issue a branch office license upon the payment of an annual fee to be established by the commission of not more than fifty dollars per license. The broker or an associate broker shall be the manager of a branch office.

(3) The commission shall provide for verification of the current status of licenses electronically or by other means readily available to the public.

Source:Laws 1973, LB 68, § 19; Laws 1983, LB 182, § 17; Laws 1990, LB 350, § 9; Laws 1991, LB 204, § 3; Laws 2002, LB 863, § 17;    Laws 2009, LB29, § 1;    Laws 2011, LB23, § 2;    Laws 2017, LB16, § 3.    


81-885.20. Broker, salesperson; change in place of business or status; notify commission; fee.

(1) Should the broker change his or her place of business, he or she shall forthwith notify the commission in writing of such change.

(2) When a salesperson or associate broker leaves the employ of a broker, the employing broker shall immediately forward the license of such employee to the commission and shall furnish such information regarding the termination of employment as the commission may require.

(3) When a salesperson or associate broker transfers from one employing broker to another, when an associate broker changes his or her status from associate broker to that of broker, or when a broker changes his or her status to that of associate broker, a transfer fee to be established by the commission of not more than fifty dollars shall be paid to the commission.

Source:Laws 1973, LB 68, § 20; Laws 1983, LB 182, § 18; Laws 1990, LB 350, § 10; Laws 1991, LB 204, § 4; Laws 2006, LB 819, § 3;    Laws 2011, LB23, § 3.    


81-885.21. Broker; separate trust account; notify commission where maintained; examination by representative of commission; exemption.

(1) Except as provided in subsection (7) of this section, each broker other than an inactive broker shall maintain in a bank, savings bank, building and loan association, or savings and loan association a separate, insured checking account in this state in his or her name or the name under which he or she does business which shall be designated a trust account in which all downpayments, earnest money deposits, or other trust funds received by him or her, his or her associate brokers, or his or her salespersons on behalf of his or her principal or any other person shall be deposited and remain until the transaction is closed or otherwise terminated unless all parties having an interest in the funds have agreed otherwise in writing. Such trust account may be either an interest-bearing or a non-interest-bearing account. Any broker using an interest-bearing account shall comply with subsection (6) of this section.

(2) Each broker shall notify the commission of the name of the bank, savings bank, building and loan association, or savings and loan association in which the trust account is maintained and also the name of the account on forms provided therefor.

(3) Each broker shall authorize the commission to examine such trust account by a duly authorized representative of the commission. Such examination shall be made annually or at such time as the commission may direct.

(4) A broker may maintain more than one trust account in his or her name or the name under which he or she does business if the commission is advised of such account as required in subsection (2) of this section.

(5) In the event a branch office maintains a separate trust account, a separate bookkeeping system shall be maintained in the branch office.

(6) If the trust account is an interest-bearing account, as authorized under subsection (1) of this section, the interest from the interest-bearing account may be distributed or otherwise accrue only to nonprofit organizations that promote housing in Nebraska and that are exempt from the payment of federal income taxes. A broker may use an interest-bearing account for a transaction only if the use of such account for purposes of promoting housing in Nebraska has been approved by all parties whose money will be deposited into such account. The commission may further define policies and procedures for the processing of and distributions from interest-bearing trust accounts by rule and regulation.

(7) The commission may adopt and promulgate rules and regulations to exempt active brokers who have no trust account activity and no anticipated trust account activity from the trust account requirements of this section.

Source:Laws 1973, LB 68, § 21; Laws 1975, LB 354, § 2; Laws 1978, LB 361, § 8; Laws 1981, LB 238, § 1; Laws 1991, LB 118, § 4; Laws 2000, LB 932, § 52;    Laws 2002, LB 863, § 18;    Laws 2011, LB347, § 1;    Laws 2013, LB72, § 1;    Laws 2017, LB16, § 4.    


81-885.22. Broker, failure to comply with separate bank accounts and trust account provisions; report to Attorney General; action by Attorney General; receiver.

Whenever it shall appear to the commission from any examination or report provided by the laws of this state that a broker has failed to comply with the provisions of section 81-885.21, or if any broker shall refuse to submit his or her books, papers, and affairs to the inspection of any examiner, the commission shall have reason to conclude that the trust account of such broker is in an unsafe or unsound condition and the commission shall forthwith submit a complete report to the Attorney General of all information available to it. An action may be brought by the State of Nebraska to enjoin such broker from engaging in or continuing such violation or doing any act or acts in furtherance thereof. In any such action an order or judgment may be entered awarding such preliminary or final injunction as may be deemed proper. In addition to all other means provided by law for the enforcement of a restraining order or injunction, the court in which such action is brought shall have power and jurisdiction to impound and appoint a receiver for the property and business of the defendant, including books, papers, documents, and records pertaining thereto or as much thereof as the court may deem reasonably necessary to prevent violations of the law or injury to the public through or by means of the use of such property and business. Such receiver, when so appointed and qualified, shall have such powers and duties as to custody, collection, administration, winding up, and liquidation of such property and business as shall, from time to time, be conferred upon him or her by the court.

Source:Laws 1973, LB 68, § 22; Laws 1978, LB 361, § 9; Laws 1983, LB 182, § 19.


81-885.23. Attorney General; special counsel; appoint; fees allowed; taxed as costs.

The Attorney General may appoint special counsel to prosecute the action as provided for in section 81-885.22, and all fees allowed to the receiver and to counsel so appointed shall be taxed as costs in such action as the court may direct.

Source:Laws 1973, LB 68, § 23.


81-885.24. Commission; investigative powers; disciplinary powers; civil fine; violations of unfair trade practices.

The commission may, upon its own motion, and shall, upon the sworn complaint in writing of any person, investigate the actions of any broker, associate broker, salesperson, or subdivider, may censure the licensee or certificate holder, revoke or suspend any license or certificate issued under the Nebraska Real Estate License Act, or enter into consent orders, and, alone or in combination with such disciplinary actions, may impose a civil fine on a licensee pursuant to section 81-885.10, whenever the license or certificate has been obtained by false or fraudulent representation or the licensee or certificate holder has been found guilty of any of the following unfair trade practices:

(1) Refusing because of religion, race, color, national origin, ethnic group, sex, familial status, or disability to show, sell, or rent any real estate for sale or rent to prospective purchasers or renters;

(2) Intentionally using advertising which is misleading or inaccurate in any material particular or in any way misrepresents any property, terms, values, policies, or services of the business conducted;

(3) Failing to account for and remit any money coming into his or her possession belonging to others;

(4) Commingling the money or other property of his or her principals with his or her own;

(5) Failing to maintain and deposit in a separate trust account all money received by a broker acting in such capacity, or as escrow agent or the temporary custodian of the funds of others, in a real estate transaction unless all parties having an interest in the funds have agreed otherwise in writing;

(6) Accepting, giving, or charging any form of undisclosed compensation, consideration, rebate, or direct profit on expenditures made for a principal;

(7) Representing or attempting to represent a real estate broker, other than the employer, without the express knowledge and consent of the employer;

(8) Accepting any form of compensation or consideration by an associate broker or salesperson from anyone other than his or her employing broker without the consent of his or her employing broker;

(9) Acting in the dual capacity of agent and undisclosed principal in any transaction;

(10) Guaranteeing or authorizing any person to guarantee future profits which may result from the resale of real property;

(11) Placing a sign on any property offering it for sale or rent without the written consent of the owner or his or her authorized agent;

(12) Offering real estate for sale or lease without the knowledge and consent of the owner or his or her authorized agent or on terms other than those authorized by the owner or his or her authorized agent;

(13) Inducing any party to a contract of sale or lease to break such contract for the purpose of substituting, in lieu thereof, a new contract with another principal;

(14) Negotiating a sale, exchange, listing, or lease of real estate directly with an owner or lessor if he or she knows that such owner has a written outstanding listing contract in connection with such property granting an exclusive agency or an exclusive right to sell to another broker or negotiating directly with an owner to withdraw from or break such a listing contract for the purpose of substituting, in lieu thereof, a new listing contract;

(15) Discussing or soliciting a discussion of, with an owner of a property which is exclusively listed with another broker, the terms upon which the broker would accept a future listing upon the expiration of the present listing unless the owner initiates the discussion;

(16) Violating any provision of sections 76-2401 to 76-2430;

(17) Soliciting, selling, or offering for sale real estate by offering free lots or conducting lotteries for the purpose of influencing a purchaser or prospective purchaser of real estate;

(18) Providing any form of compensation or consideration to any person for performing the services of a broker, associate broker, or salesperson who has not first secured his or her license under the Nebraska Real Estate License Act unless such person is (a) a nonresident who is licensed in his or her resident regulatory jurisdiction or (b) a citizen and resident of a foreign country which does not license persons conducting the activities of a broker and such person provides reasonable written evidence to the Nebraska broker that he or she is a resident citizen of that foreign country, is not a resident of this country, and conducts the activities of a broker in that foreign country;

(19) Failing to include a fixed date of expiration in any written listing agreement and failing to leave a copy of the agreement with the principal;

(20) Failing to deliver within a reasonable time a completed and dated copy of any purchase agreement or offer to buy or sell real estate to the purchaser and to the seller;

(21) Failing by a broker to deliver to the seller in every real estate transaction, at the time the transaction is consummated, a complete, detailed closing statement showing all of the receipts and disbursements handled by such broker for the seller, failing to deliver to the buyer a complete statement showing all money received in the transaction from such buyer and how and for what the same was disbursed, and failing to retain true copies of such statements in his or her files;

(22) Making any substantial misrepresentations;

(23) Acting for more than one party in a transaction without the knowledge of all parties for whom he or she acts;

(24) Failing by an associate broker or salesperson to place, as soon after receipt as practicable, in the custody of his or her employing broker any deposit money or other money or funds entrusted to him or her by any person dealing with him or her as the representative of his or her licensed broker;

(25) Filing a listing contract or any document or instrument purporting to create a lien based on a listing contract for the purpose of casting a cloud upon the title to real estate when no valid claim under the listing contract exists;

(26) Violating any rule or regulation adopted and promulgated by the commission in the interest of the public and consistent with the Nebraska Real Estate License Act;

(27) Failing by a subdivider, after the original certificate has been issued, to comply with all of the requirements of the Nebraska Real Estate License Act;

(28) Conviction of a felony or entering a plea of guilty or nolo contendere to a felony charge by a broker or salesperson;

(29) Demonstrating negligence, incompetency, or unworthiness to act as a broker, associate broker, or salesperson, whether of the same or of a different character as otherwise specified in this section;

(30) Inducing or attempting to induce a person to transfer an interest in real property, whether or not for monetary gain, or discouraging another person from purchasing real property, by representing that (a) a change has occurred or will or may occur in the composition with respect to religion, race, color, national origin, ethnic group, sex, familial status, or disability of the owners or occupants in the block, neighborhood, or area or (b) such change will or may result in the lowering of property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools in the block, neighborhood, or area;

(31) Failing by a team leader to provide a current list of all team members to his or her designated broker;

(32) Failing by a designated broker to maintain a record of all team leaders and team members working under him or her;

(33) Utilizing advertising which does not prominently display the name under which the designated broker does business as filed with the commission;

(34) Utilizing team advertising or a team name suggesting the team is an independent real estate brokerage; or

(35) Charging or collecting, as part or all of his or her compensation or consideration, any part of the earnest money or other money paid to him or her or the entity under which he or she does business in connection with any real estate transaction until the transaction has been consummated or terminated. However, a payment for goods or services rendered by a third party on behalf of the client shall not be considered compensation or consideration if such payment does not include any profit, compensation, or payment for services rendered by the broker and the broker retains a record of the payment to the third party for such goods or services.

Source:Laws 1973, LB 68, § 24; Laws 1975, LB 354, § 3; Laws 1978, LB 361, § 10; Laws 1981, LB 238, § 2; Laws 1982, LB 403, § 1; Laws 1983, LB 182, § 20; Laws 1985, LB 109, § 1; Laws 1990, LB 350, § 11; Laws 2002, LB 863, § 19;    Laws 2009, LB30, § 7;    Laws 2011, LB25, § 17;    Laws 2011, LB347, § 2;    Laws 2016, LB678, § 4;    Laws 2017, LB16, § 5.    


Annotations

81-885.25. Censure, revoke, or suspend license; impose civil fine; cease and desist order; hearing; notice; contents.

(1) Before the commission censures a licensee, imposes a civil fine, revokes or suspends a license, or issues a cease and desist order, the commission shall send to the licensee or violator a copy of the complaint by certified mail which contains the charges against the licensee or violator and, unless the licensee or violator waives the right to a hearing and has executed a consent order, give the licensee or violator a hearing on the matter.

(2) The licensee or violator shall have full authority to be heard in person or by counsel before the commission in reference to such charges. The commission shall, at least twenty days prior to the date set for hearing, notify the licensee or violator in writing of the date and place of the hearing. Such notice may be served by delivering it personally to the licensee or violator or by sending it by either registered or certified mail to the last-known business address of such licensee or any known address of the violator. If the licensee is an associate broker or a salesperson, the commission shall also notify the broker employing the licensee by mailing a copy of such notice to the broker's last-known business address.

Source:Laws 1973, LB 68, § 25; Laws 1983, LB 182, § 21; Laws 1984, LB 480, § 2; Laws 1990, LB 350, § 12; Laws 2009, LB30, § 8;    Laws 2010, LB691, § 3.    


81-885.26. Answer to complaint; when.

Within twenty days from the time of service of the complaint and notice the licensee may file his or her sworn answer thereto which shall contain all defenses which he or she intends to assert. No motions or other pleadings shall be authorized.

Source:Laws 1973, LB 68, § 26; Laws 1981, LB 238, § 3; Laws 1990, LB 350, § 13.


81-885.27. Hearing; witnesses; subpoenas; depositions.

In the preparation and conducting of the hearing, the director shall have power to issue and sign subpoenas to require the attendance and testimony of any witness and the production of any papers, books, or documents. The chairperson or any member of the commission may administer oaths, examine the witnesses, and take any evidence he or she deems pertinent to the determination of the charges. Any witness subpoenaed shall be entitled to the same fees as prescribed by law in judicial proceedings in the district courts of this state in civil actions and mileage at the rate provided in section 81-1176 for state employees, but the payment of such fees and mileage shall be paid out of and kept within the limits of the funds created from license fees. The party against whom such charges may be filed shall have the right to obtain from the director a subpoena for any witnesses which he or she may desire at such hearing. Depositions may also be taken and used as in civil cases in the district courts.

Source:Laws 1973, LB 68, § 27; Laws 1981, LB 204, § 179.


81-885.28. Refusal of witness to attend or testify; proceedings in district court.

(1) If any witness so subpoenaed shall refuse to attend the taking of a deposition or the hearing, or if attending shall refuse to testify, the commission may apply to the district court of the county in which the deposition is to be taken or in which the hearing is to be held for an order compelling the attendance of the witness, the giving of testimony, and the production of books, papers, and documents.

(2) The application shall be by petition, setting forth:

(a) That due notice has been given of the time and place of attendance of the witness or the production of the books, papers, and documents;

(b) That the witness has been subpoenaed in the manner prescribed by section 81-885.27; and

(c) That the witness has failed and refused to attend or produce the papers required by subpoena before the commission, or officer taking the deposition in the cause or proceeding named in the subpoena, or has refused to answer questions propounded to him or her in the course of the hearing or deposition.

(3) The court, upon petition of the commission, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than ten days from the date of the order, and then and there show cause why he or she has not attended, testified, or produced the books, papers, or documents before the commission. A certified copy of the order shall be served upon the witness.

(4) If at the show-cause hearing, it shall appear to the court that the subpoena was regularly issued by the director of the commission, the court shall thereupon enter an order that the witness appear before the commission or the officer taking the deposition at the time and place fixed in the order and testify or produce the required books, papers, or documents, and upon failure to obey such order the witness shall be dealt with as for contempt of court.

Source:Laws 1973, LB 68, § 28; Laws 1983, LB 182, § 22.


81-885.29. Findings and determination by commission; license revoked or suspended; when; censure; civil fine; stay of execution; probation.

After the hearing the commission shall state in writing, officially signed by the chairperson and attested to by the director, its findings and determination and its order in the matter. If the commission determines that the licensee has been guilty of any violation of the Nebraska Real Estate License Act or the rules and regulations of the commission or the violator has been guilty of a violation of section 81-885.03, the commission may revoke or suspend the license, enter an order censuring the licensee, or impose a civil fine on a licensee pursuant to section 81-885.10 or on a violator pursuant to section 81-885.03. The execution of a penalty of suspension may be stayed by the commission and the licensee may be placed on probation for the suspension period, after satisfactory completion of which his or her license shall be fully reinstated. Any violation of the act or the rules and regulations by the licensee during the period of probation shall cause the immediate execution of the suspension penalty.

Source:Laws 1973, LB 68, § 29; Laws 1975, LB 354, § 4; Laws 1983, LB 182, § 23; Laws 1990, LB 350, § 14; Laws 2002, LB 863, § 20;    Laws 2009, LB30, § 9;    Laws 2010, LB691, § 4.    


81-885.30. Appeal; procedure.

An order of the commission which has become final may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act.

Source:Laws 1973, LB 68, § 30; Laws 1981, LB 238, § 4; Laws 1988, LB 352, § 169.


Cross References

Annotations

81-885.31. Civil fines; distribution; collection procedure.

(1) All civil fines collected pursuant to the Nebraska Real Estate License Act shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.

(2) Any civil fine imposed pursuant to the act which remains unpaid for more than sixty days shall constitute a debt to the State of Nebraska which may be recovered by the Attorney General, along with reasonable attorney's fees and court costs, in a proper form of action in the name of the state in the district court of the county in which the violator resides. The commission shall consider such debt to be grounds for denial, refusal to renew, or refusal to reinstate a license under the act or grounds for additional disciplinary action by the commission.

Source:Laws 2009, LB30, § 10.    


81-885.32. Repealed. Laws 1978, LB 361, § 14.

81-885.33. Subdivision real estate; sale or offer to sell; requirements.

It shall be unlawful for any person, partnership, limited liability company, or corporation to sell or offer for sale any real estate in a subdivision except by a broker and his or her employees duly licensed in this state.

Source:Laws 1973, LB 68, § 33; Laws 1983, LB 182, § 24; Laws 1993, LB 121, § 534; Laws 2002, LB 863, § 21.    


81-885.34. Subdivision real estate; sale; subdivision certificate; application; contents; fee.

Prior to the time when such subdivision real estate is offered for sale, such person, partnership, limited liability company, or corporation shall make application for a subdivision certificate to the commission in writing on a form to be prescribed by the commission and approved by the Attorney General. Such application shall be accompanied by a filing fee of one hundred dollars plus twenty-five dollars for each one hundred lots or fraction thereof to be offered for sale. Such application shall contain the following information and supporting documents:

(1) The name and address of the applicant and whether the applicant is a person, partnership, limited liability company, or corporation;

(2) If the applicant is a partnership, the names and addresses of the individual members thereof;

(3) If the applicant is a limited liability company, the names and addresses of the individual members thereof;

(4) If the applicant is a corporation, the place of incorporation and the names and addresses of its officers and members of its board of directors;

(5) The legal description and area of the real estate to be offered for sale, including maps and recorded plats thereof showing the area involved;

(6) The name and address of the legal owner of the real estate to be offered for sale;

(7) A certified, audited financial statement fully and fairly disclosing the current financial condition of the developer;

(8) A statement of the condition of the title of the subdivided lands including encumbrances as of a specified date within thirty days of the application;

(9) Copies of the instruments by which the interest in the subdivided lands was acquired and a statement of any lien or encumbrances upon the title and copies of the instruments creating the lien or encumbrances, if any, with dates as to recording, along with the documentary evidence that any mortgagee or trustee of a deed of trust has subordinated his or her interest in the real estate to the interest of a purchaser of the real estate;

(10) A true statement of the terms and conditions on which it is intended to dispose of the real estate, together with copies of any contracts intended to be used, which contracts shall contain (a) a provision entitling the purchaser, if he or she has not seen the land, to an unconditional right of refund of all payments made under the contract if such right is exercised within fourteen days after inspecting the land and if inspection is made within a time provided in the contract which shall not be less than four months from the date of the contract and (b) a provision granting to the purchaser an unconditional right to rescind the contract for a period of fourteen days if he or she has not inspected the land within the time provided in the contract for inspection;

(11) A statement of the zoning and other governmental regulations affecting the use of the land to be sold or offered for sale disclosing whether or not such regulations have been satisfied; and

(12) A copy of an offering statement which sets forth the material facts with respect to the land to be offered or sold.

After receiving the application, the commission may require such additional information concerning the real estate as it deems necessary.

Source:Laws 1973, LB 68, § 34; Laws 1978, LB 361, § 11; Laws 1983, LB 182, § 25; Laws 1993, LB 121, § 535; Laws 2002, LB 863, § 22.    


81-885.35. Subdivision real estate; investigation; expenses; certificate; conditions.

(1) The commission shall thoroughly investigate all matters relating to the application and may require a personal inspection of the real estate by a person or persons designated by it. All expenses incurred by the commission in investigating such real estate and the proposed sale thereof in this state shall be borne by the applicant and the commission shall require a deposit sufficient to cover such expenses prior to incurring the same.

(2) No application shall be approved by the commission unless the subdivider offers satisfactory proof of his or her ability to provide promised public improvements such as but not limited to water, sewer, gas, and streets. Satisfactory proof shall be in the form of performance bonds or other security.

(3) Obtaining a certificate of registration shall constitute sufficient contact with this state for the exercise of personal jurisdiction over such applicant in any action arising out of the applicant's activity in this state.

Source:Laws 1973, LB 68, § 35; Laws 1983, LB 447, § 96; Laws 1983, LB 182, § 26.


81-885.36. Subdivision real estate; application for certificate; approval; fee; renewal.

If the application is approved, the commission shall issue a certificate of registration to the applicant. After issuance of a certificate, an annual fee of fifty dollars plus ten dollars for each one hundred lots or fraction thereof computed on the number of lots in the original application shall be due and payable on or before January 1 of each year. Failure to remit annual fees when due shall automatically cancel such certificate, but otherwise such certificate shall remain in full force and effect if the commission determines from satisfactory investigation that such certificate should be renewed. Before issuing the renewal certificate each year, the certificate holder shall furnish to the commission such information as may be requested by the commission. If an investigation is required, the cost of making the investigation shall be paid by the certificate holder.

Source:Laws 1973, LB 68, § 36.


81-885.37. Subdivision real estate; instrument conveying an interest; recordable form; recording.

Any instrument conveying an interest in the subdivided real estate shall be in recordable form and the subdivider or buyer may record such instrument in the county where the real estate is located and in the office where deeds are recorded.

Source:Laws 1973, LB 68, § 37.


81-885.38. Subdivision real estate; representations that commission has inspected and approved; unlawful.

No broker or salesperson shall in any manner refer to the commission or any member or employee thereof in selling, offering for sale, or advertising or otherwise promoting the sale, mortgage, or lease of any such real estate, nor make any representation whatsoever that such real estate has been inspected or approved or otherwise passed upon by the commission or any state official, department, or employee.

Source:Laws 1973, LB 68, § 38; Laws 1983, LB 182, § 27.


81-885.39. Subdivision real estate; cease and desist orders.

The director, with the consent of the commission, shall have the power to issue a cease and desist order upon determination that sections 81-885.33 to 81-885.38 have been or are about to be violated.

Source:Laws 1973, LB 68, § 39.


81-885.40. Subdivision real estate; failure to comply with sections; contract void; repayment of money with interest.

Failure on the part of any person, partnership, limited liability company, or corporation to comply with sections 81-885.33 to 81-885.39 shall render any contract (1) entered into in this state or (2) arising out of contacts between the purchaser and subdivider within this state void and unenforceable, and any money paid under such contract to the subdivider, together with interest at the rate of six percent per annum from date of such payment, may be recovered in an action at law brought in the county where the cause of action or some part thereof arose.

Source:Laws 1973, LB 68, § 40; Laws 1993, LB 121, § 536; Laws 2002, LB 863, § 23.    


81-885.41. Subdivision real estate; industrial or commercial properties.

Sections 81-885.33 to 81-885.40 shall not apply to the sale or lease of lots in a subdivision for industrial or commercial properties.

Source:Laws 1973, LB 68, § 41.


81-885.42. Subdivision real estate; sales of twenty-five or more lots.

Sections 81-885.33 to 81-885.40 shall not apply to sale or lease of real estate not pursuant to a common promotional plan to offer or sell twenty-five or more lots in a subdivision.

Source:Laws 1973, LB 68, § 42.


81-885.43. Violations; Attorney General; maintain action.

Except as provided in subsection (2) of section 81-885.31, whenever, in the judgment of the commission, any person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of the Nebraska Real Estate License Act, the Attorney General may maintain an action in the name of the State of Nebraska, in the district court of the county in which such violation or threatened violation occurred, to abate and temporarily and permanently enjoin such acts and practices and to enforce compliance with the act. The plaintiff shall not be required to give any bond nor shall any court costs be adjudged against the plaintiff.

Source:Laws 1973, LB 68, § 43; Laws 1983, LB 182, § 28; Laws 2009, LB30, § 11.    


81-885.44. Complaint for violations of act.

The commission by and through its director may prefer a complaint for violation of the Nebraska Real Estate License Act.

Source:Laws 1973, LB 68, § 44; Laws 1983, LB 182, § 29; Laws 2009, LB30, § 12.    


81-885.45. Acting without license or certificate; penalty.

Any person or subdivider acting as a broker, salesperson, or subdivider without having first obtained the required license or subdivision certificate or while his or her license or subdivision certificate is under suspension shall be guilty of a Class II misdemeanor.

Source:Laws 1973, LB 68, § 45; Laws 1975, LB 354, § 5; Laws 1977, LB 39, § 296; Laws 1978, LB 361, § 12; Laws 1985, LB 109, § 2; Laws 2002, LB 863, § 24.    


81-885.46. License or certificate under prior law; renewal.

Any real estate license or subdivision certificate issued prior to September 2, 1973, shall, for purposes of renewal, be considered to have been originally issued under the Nebraska Real Estate License Act.

Source:Laws 1973, LB 68, § 46; Laws 1983, LB 182, § 30; Laws 2009, LB30, § 13.    


81-885.47. Repealed. Laws 2009, LB 30, § 17.

81-885.48. Terms, how construed.

Except for purposes of section 81-885.04, the terms employ, employed, employer, or employee as used in the Nebraska Real Estate License Act shall not necessarily be construed to imply an employer and employee relationship. The use of such terms shall not prohibit the establishment of any independent contract or other relationship between a business and an individual, between individuals, or between businesses, including an employer and employee relationship.

Source:Laws 1978, LB 361, § 13; Laws 2009, LB30, § 14.    


81-885.49. Continuing education and training; purpose.

The purpose of sections 81-885.49 to 81-885.54 is to establish requirements for continuing education and training of real estate brokers and salespersons who are licensed in order to maintain and improve the quality of real estate services provided to the public.

Source:Laws 1985, LB 101, § 5; Laws 2011, LB24, § 1.    


81-885.50. Continuing education and training; terms, defined.

As used in sections 81-885.49 to 81-885.54, unless the context otherwise requires:

(1) Commission shall mean the State Real Estate Commission;

(2) Licensee shall mean a natural person who is licensed by the commission as a real estate broker or salesperson; and

(3) Two-year period shall mean twenty-four months commencing on January 1 following either the date of licensing of the real estate broker or salesperson or March 8, 1985, whichever is later, and each succeeding twenty-four-month period.

Source:Laws 1985, LB 101, § 6.


81-885.51. Continuing education and training; evidence of completion.

In each two-year period, every licensee shall complete twelve hours of approved continuing education activities and six hours of broker-approved training. Evidence of completion of such continuing education and training activities for the two-year period shall be submitted to the commission pursuant to rules and regulations adopted and promulgated by the commission.

Source:Laws 1985, LB 101, § 7; Laws 2002, LB 863, § 25;    Laws 2011, LB24, § 2.    


81-885.52. Continuing education and training; certify activities.

(1) The commission shall certify as approved continuing education activities those courses, lectures, seminars, or other instructional programs which it determines would protect the public by improving the competency of licensees. The commission may require descriptive information about any continuing education or training activity and refuse approval of any continuing education or training activity which does not advance the purposes of sections 81-885.49 to 81-885.54. The commission shall not approve any provider of continuing education or training courses, lectures, seminars, or other instructional programs unless such provider meets the standards established by the commission.

(2) The commission shall certify the number of hours to be awarded for participation in an approved continuing education activity, based upon contact or classroom hours or other criteria prescribed by rule and regulation of the commission.

(3) The commission may certify the number of hours to be awarded for successful completion of a course delivered in a distance education format, based upon the number of hours which would be awarded in an equivalent classroom course or program or other criteria prescribed by rule and regulation of the commission.

Source:Laws 1985, LB 101, § 8; Laws 2002, LB 863, § 26;    Laws 2011, LB24, § 3.    


81-885.53. Continuing education and training; licensee; requirements.

Except for inactive licensees, the commission shall not renew a license or issue a new license to any licensee who has failed to comply with the requirements of sections 81-885.49 to 81-885.54. Inactive licensees may renew their licenses at the end of the two-year period without having completed the hours of continuing education and training activities required by section 81-885.51 for each two-year period. Inactive licensees shall not be activated until the licensee has satisfactorily completed the total number of deficient hours of continuing education activities and filed evidence of such completion with the commission, except that no inactive licensee shall be required to make up more than the number of hours of continuing education required by section 81-885.51 for a two-year period.

Source:Laws 1985, LB 101, § 9; Laws 2002, LB 863, § 27;    Laws 2011, LB24, § 4.    


81-885.54. Continuing education and training; rules and regulations.

The commission shall adopt and promulgate rules and regulations necessary for the effective administration of sections 81-885.49 to 81-885.54 pursuant to the Administrative Procedure Act. Such rules and regulations may include, but not be limited to, the establishment of minimum standards for schools, courses, and instructors.

Source:Laws 1985, LB 101, § 10.


Cross References

81-885.55. Errors and omissions insurance; commission; duties; certificate of coverage; required; when; group plan unavailable at a reasonable premium; effect.

(1) Every licensee under the Nebraska Real Estate License Act, except an inactive broker or salesperson, shall have errors and omissions insurance to cover all activities contemplated under the act. The commission shall make the errors and omissions insurance available to all licensees by contracting with an insurer for a group policy after competitive bidding. Any group policy obtained by the commission shall be available to all licensees with no right on the part of the insurer to cancel any licensee. Licensees may obtain errors and omissions insurance independently if the coverage complies with the minimum requirements established by the commission.

(2) The commission shall determine the terms and conditions of coverage required under this section, including the minimum limits of coverage, the permissible deductible, and permissible exemptions. Each licensee shall be notified of the required terms and conditions at least thirty days prior to the annual license renewal date. A certificate of coverage showing compliance with the required terms and conditions shall be filed with the commission by the annual license renewal date by each licensee who does not participate in the group program administered by the commission.

(3) If the commission is unable to obtain errors and omissions insurance coverage to insure all licensees who choose to participate in the group program at a reasonable premium not to exceed five hundred dollars, the errors and omissions insurance requirement of this section shall not apply during the year for which coverage cannot be obtained.

Source:Laws 1991, LB 118, § 1; Laws 2002, LB 863, § 28;    Laws 2004, LB 845, § 4.    


81-885.56. Team leader.

A team leader shall be responsible for supervising the real estate activities of his or her team performed under the Nebraska Real Estate License Act subject to the overall supervision by the designated broker of the team leader and team members.

Source:Laws 2016, LB678, § 3.    


81-886. Repealed. Laws 1973, LB 68, § 49.

81-886.01. Repealed. Laws 1973, LB 68, § 49.

81-886.02. Repealed. Laws 1973, LB 68, § 49.

81-886.03. Repealed. Laws 1973, LB 68, § 49.

81-886.04. Repealed. Laws 1973, LB 68, § 49.

81-886.05. Repealed. Laws 1973, LB 68, § 49.

81-886.06. Repealed. Laws 1973, LB 68, § 49.

81-886.07. Repealed. Laws 1973, LB 68, § 49.

81-887. Repealed. Laws 1973, LB 68, § 49.

81-887.01. Auctioneers; nonresident; reciprocity.

Auctioneers of any state, which admits auctioneers of this state to conduct public auction sales in such state without license or other regulation, shall be permitted to conduct public sales in this state upon the same terms. Auctioneers of any state, which requires auctioneers of this state to secure a license or imposes other regulations for authority to conduct public sales within such state, shall be subject to the same requirements as apply to auctioneers of this state who seek to conduct public sales in such state.

Source:Laws 1953, c. 339, § 1, p. 1112.


81-887.02. Auctioneers; nonresident; license; application; county clerk; fee; disposition.

Auctioneers of such foreign state, which requires a license or imposes regulations upon auctioneers of this state, who desire to conduct public sales in this state shall, before conducting any such sale, apply to the county clerk of any county in this state for a license to do so. The application shall include the applicant's social security number. Upon considering such application, the county clerk shall issue a license upon the payment of the same fee and compliance with the other requirements required of auctioneers of this state in such foreign state. Such fee shall be deposited with the county treasurer and credited to the general fund of the county.

Source:Laws 1953, c. 339, § 2, p. 1112; Laws 1997, LB 752, § 220.


81-887.03. Auctioneers; nonresident; additional requirements.

Nothing contained in sections 81-887.01 to 81-887.03 shall be construed to permit any person to conduct a sale of real estate without first complying with the requirements of the Nebraska Real Estate License Act.

Source:Laws 1953, c. 339, § 3, p. 1112; Laws 2009, LB30, § 15.    


Cross References

81-888. Repealed. Laws 1951, c. 311, § 11.

81-889. Repealed. Laws 1951, c. 311, § 11.

81-890. Repealed. Laws 1951, c. 311, § 11.

81-891. Repealed. Laws 1951, c. 311, § 11.

81-892. Repealed. Laws 1951, c. 311, § 11.

81-893. Repealed. Laws 1951, c. 311, § 11.

81-894. Repealed. Laws 1951, c. 311, § 11.

81-895. Repealed. Laws 1951, c. 311, § 11.

81-896. Repealed. Laws 1951, c. 311, § 11.

81-897. Repealed. Laws 1951, c. 311, § 11.

81-898. Repealed. Laws 1951, c. 311, § 11.

81-899. Repealed. Laws 1951, c. 311, § 11.

81-8,100. Repealed. Laws 1951, c. 311, § 11.

81-8,101. Repealed. Laws 1951, c. 311, § 11.

81-8,102. Repealed. Laws 1951, c. 311, § 11.

81-8,103. Repealed. Laws 1951, c. 311, § 11.

81-8,104. Repealed. Laws 1951, c. 311, § 11.

81-8,105. Repealed. Laws 1951, c. 311, § 11.

81-8,106. Repealed. Laws 1997, LB 5, § 5.

81-8,107. Repealed. Laws 1997, LB 5, § 5.

81-8,108. Land surveying; declaration of policy; prohibited acts.

In order to safeguard life, health, and property, any person practicing or offering to practice land surveying in this state shall submit evidence that he or she is qualified to practice and shall be registered as provided in the Land Surveyors Regulation Act. It shall be unlawful for any person to practice or to offer to practice land surveying in this state unless such person has been duly registered under the act.

Source:Laws 1957, c. 383, § 1, p. 1332; Laws 1994, LB 874, § 1; Laws 2015, LB138, § 6.    


81-8,108.01. Land Surveyors Regulation Act; act, how cited.

Sections 81-8,108 to 81-8,127 shall be known and may be cited as the Land Surveyors Regulation Act.

Source:Laws 2015, LB138, § 5.    


81-8,109. Land surveying; definitions.

For purposes of the Land Surveyors Regulation Act, unless the context otherwise requires:

(1) Board or examining board means the State Board of Examiners for Land Surveyors;

(2) Land surveyor means a person who engages in the practice of land surveying;

(3) Surveyor-in-training means a person (a) who is a graduate in an approved surveying or engineering curriculum of four years or more or who has had four or more years of experience in surveying work of a character satisfactory to the examining board and (b) who has successfully passed the examination in the fundamental surveying subjects and has received from the examining board a certificate stating that that portion of the examination has been successfully passed. The fee for such certificate and for the renewal of such certificate shall be set by the examining board; and

(4) Land surveying means the establishment or reestablishment of corners and boundaries and the location of lots, parcels, tracts, or divisions of land, which may include distance, direction, elevation, and acreage, and the correct determination and description of lots, parcels, tracts, or divisions of land for, but not limited to, any of the following purposes:

(a) To furnish a legal description of any tract of land to be used in the preparation of deeds of conveyance when the description is not the same as the one in the deed of conveyance to the current owner or when bearings, distances, or measurements are needed to properly describe the tract being conveyed;

(b) To furnish a legal description of any land surveyed to be used in the platting or subdividing of the land;

(c) To determine the amount of acreage contained in any land surveyed; or

(d) To furnish a topographic plat of a lot, parcel, tract, or division of land and locating natural and artificial features in the air, on the surface or subsurface of the earth, and on the beds or surface of bodies of water for the purpose of establishing the facts of size, area, shape, topography, and orientation of improved or unimproved real property and appurtenances to the real property.

Source:Laws 1957, c. 383, § 2, p. 1332; Laws 1971, LB 442, § 1; Laws 1989, LB 263, § 1; Laws 1994, LB 874, § 2; Laws 2015, LB138, § 7.    


81-8,110. Land surveying; board of examiners; duties.

An examining board shall be established for the purpose of examining, testing and interviewing persons aspiring to become registered to practice land surveying. The examining board shall be independent of all other examining boards and is established for the purpose of determining the ability of persons coming before it to practice land surveying.

Source:Laws 1957, c. 383, § 3, p. 1333; Laws 1969, c. 514, § 6, p. 2106; Laws 1971, LB 442, § 2.


81-8,110.01. Examining board; members; terms; qualifications; removal; vacancies.

(1) The examining board shall consist of four members appointed by the Governor who are duly registered under the Land Surveyors Regulation Act to practice land surveying and one lay member appointed by the Governor who is of the age of legal majority and has been a resident of Nebraska for at least one year immediately prior to appointment to the examining board. Such lay member shall be a representative of consumer viewpoints.

(2) The members of the examining board shall be appointed to five-year terms. Each member shall serve until the appointment and qualification of his or her successor. Each member appointed to the examining board shall receive a certificate of appointment from the Governor. Each member so appointed, prior to beginning his or her term, shall file with the Secretary of State the constitutional oath of office. The Governor may remove any member of the examining board for misconduct, incompetency, incapacity, or neglect of duty or upon conviction of a crime involving moral turpitude. Vacancies on the examining board, however created, shall be filled for the unexpired term of the member by appointment by the Governor.

Source:Laws 1971, LB 442, § 3; Laws 1984, LB 478, § 2; Laws 1994, LB 874, § 3; Laws 2015, LB138, § 8.    


81-8,110.02. Examining board; members; residence; qualifications.

Each member of the examining board who is a registered land surveyor shall be a resident of the State of Nebraska for at least one year immediately preceding his or her appointment to the examining board, shall have been engaged in the active practice of the discipline for at least ten years, and shall have been in responsible charge of work for at least five years prior to his or her appointment to the examining board.

Source:Laws 1971, LB 442, § 4; Laws 1994, LB 874, § 4.


81-8,110.03. State Surveyor; ex officio secretary of examining board.

The State Surveyor shall be ex officio secretary of the examining board and of all committees appointed by the examining board.

Source:Laws 1971, LB 442, § 5; Laws 1994, LB 874, § 5.


Cross References

81-8,110.04. Examining board; meetings.

The examining board shall hold as many meetings throughout each year as may be necessary to conduct the business of the examining board and to examine, within a reasonable time, the applicants seeking registration. An annual meeting of the examining board shall be held for the election of officers.

Source:Laws 1971, LB 442, § 6; Laws 1994, LB 874, § 6.


81-8,110.05. Examining board; meetings; notice.

Notice of all meetings, including the annual meeting of the examining board, shall be in such manner as provided in the bylaws of the examining board.

Source:Laws 1971, LB 442, § 7; Laws 1994, LB 874, § 7.


81-8,110.06. Examining board; officers; election; duties.

The examining board shall elect from its membership at its annual meeting, officers for the coming year. The officers shall be a chairperson and a vice-chairperson. The duties of the chairperson shall be to preside at all meetings of the examining board. The vice-chairperson shall preside in the absence of the chairperson and shall, with the other officers, fulfill such other duties and obligations as provided in section 81-8,110.07 and the bylaws.

Source:Laws 1971, LB 442, § 8; Laws 1994, LB 874, § 8.


81-8,110.07. Examining board; secretary; duties; Land Surveyor Examiner's Fund; created; purpose; investment.

The secretary of the examining board shall receive and account for all money derived from the operation of the Land Surveyors Regulation Act and shall remit it to the State Treasurer for credit to the Land Surveyor Examiner's Fund, which fund is hereby created. This fund shall be continued from year to year. When appropriated by the Legislature, this fund shall be expended only for the purposes of the Land Surveyors Regulation Act. When not reappropriated for the succeeding biennium, the money in this fund shall not revert to the General Fund. The fund shall be paid out only upon vouchers approved by the examining board and upon warrants issued by the Director of Administrative Services and countersigned by the State Treasurer. The expenditures of the examining board shall be kept within the income collected and remitted to the State Treasurer by the examining board. Transfers may be made from the fund to the General Fund at the direction of the Legislature. Any money in the Land Surveyor Examiner's Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 1971, LB 442, § 9; Laws 1986, LB 258, § 35; Laws 1994, LB 874, § 9; Laws 1995, LB 7, § 110; Laws 2009, First Spec. Sess., LB3, § 69;    Laws 2015, LB138, § 9.    


Cross References

81-8,110.08. Examining board; rules and regulations; publication.

The examining board shall make and adopt all bylaws and rules, not inconsistent with law, which are needed in performing its duties. Such rules shall be published in the roster of registrants as provided for in section 81-8,113.

Source:Laws 1971, LB 442, § 10.


81-8,110.09. Repealed. Laws 1994, LB 874, § 25.

81-8,110.10. Repealed. Laws 1994, LB 874, § 25.

81-8,110.11. Examining board; members; expenses.

Each member of the examining board shall receive, when authorized, all necessary travel, meals, and lodging expenses incidental to the performance of his or her official duties or while attending national meetings or seminars as the official representative of the examining board as provided in sections 81-1174 to 81-1177 for state employees.

Source:Laws 1971, LB 442, § 13; Laws 1981, LB 204, § 180.


81-8,110.12. Examining board; seal; adopt.

The examining board shall adopt and have an official seal, which shall be affixed to all registration and in-training certificates that are granted by the examining board. The dimensions of the seal shall be as provided in the bylaws.

Source:Laws 1971, LB 442, § 14.


81-8,110.13. Examining board; registration certificate; issuance; replacement certificate, when; fee.

The examining board may issue a registration certificate or an in-training certificate to a qualified person. A new certificate of registration of a duly registered person may be issued to replace a certificate lost, destroyed, stolen, or mutilated, subject to the rules and regulations adopted by the examining board. A fee not to exceed fifty dollars shall be charged the applicant for the issuance of a new certificate to replace a previously issued certificate.

Source:Laws 1971, LB 442, § 15; Laws 1994, LB 874, § 10.


81-8,110.14. Examining board; record of proceedings and applications for registration; confidential.

The examining board shall keep a record of its proceedings and a record of all applications for registration. The information and data retained by the examining board in its files for individual applicants shall be considered as confidential. The records shall not be available to any applicant or the public for any reason.

Source:Laws 1971, LB 442, § 16.


81-8,110.15. Examining board; sue and be sued; liability of members.

The examining board may sue or be sued as the examining board, and its members need not be named as parties. Members of the examining board shall not be personally liable, jointly or severally, for any act or acts committed in the performance of their official duties as examining board members, nor shall any examining board member be personally liable for any hearing costs or court costs which may accrue in any action by or against the examining board.

Source:Laws 1971, LB 442, § 17; Laws 1994, LB 874, § 11.


81-8,111. Code of practice; contents; board; powers.

(1) The Legislature hereby finds and declares that a code of practice established by the board by which land surveyors could govern their professional conduct would be beneficial to the state and would safeguard the life, health, and property of the citizens of this state. The code of practice shall include provisions on:

(a) Professional competence;

(b) Conflict of interest;

(c) Full disclosure of financial interest;

(d) Full disclosure of matters affecting public safety, health, and welfare;

(e) Compliance with laws;

(f) Professional conduct and good character standards; and

(g) Practice of land surveying.

(2) The board may adopt and promulgate rules and regulations to establish a code of practice.

(3) The board may publish commentaries regarding the code of practice. The commentaries shall explain the meaning of interpretations given to the code by the board.

Source:Laws 2015, LB138, § 10.    


81-8,112. Repealed. Laws 1971, LB 442, § 24.

81-8,113. Examining board; record of proceedings; roster of surveyors.

The examining board shall keep a complete record of all its proceedings which, together with all other records and files of the examining board, shall be filed in the office of the State Surveyor. A roster showing the names and places of business of all registered land surveyors shall be prepared by the secretary of the examining board each year. Copies of this roster shall be sent to all persons so registered and shall be furnished to the public on request.

Source:Laws 1957, c. 383, § 6, p. 1334; Laws 1994, LB 874, § 12.


81-8,114. Land surveying; application for registration.

Applications for registration shall be on forms prescribed and furnished by the examining board and shall be filed with the secretary of the examining board. Such applications shall contain a statement, made under oath, showing the applicant's education and detailed summary of his or her technical work, the applicant's social security number, and such other information as the examining board shall require.

Source:Laws 1957, c. 383, § 7, p. 1334; Laws 1971, LB 442, § 18; Laws 1994, LB 874, § 13; Laws 1997, LB 752, § 221; Laws 2013, LB303, § 1.    


81-8,115. Land surveying; examination of applicants.

The applicant for registration must pass an examination administered by the examining board which covers generally the matters confronting land surveyors as provided in the rules and bylaws.

Source:Laws 1957, c. 383, § 8, p. 1334; Laws 1971, LB 442, § 19; Laws 1984, LB 478, § 3; Laws 1994, LB 874, § 14; Laws 2013, LB303, § 2.    


81-8,116. Repealed. Laws 1994, LB 874, § 25.

81-8,117. Land surveying; eligibility for registration; requirements.

(1) No person shall be eligi