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 Repealed.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:

(a) On any public advisory or policymaking board, commission, committee, or council; or

(b) As a member of a reserve component of the armed forces of the United States.

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;    Laws 2024, LB731, § 1.    
Effective Date: July 19, 2024


81-109. Department heads; serve without term.

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 in accordance with section 84-710, 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; Laws 2021, LB509, § 19.    


81-118.01. Electronic payment; acceptance; conditions; central bank digital currency; acceptance prohibited.

(1)(a) 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.

(b) A state official or state agency shall not accept a central bank digital currency 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.

(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:

(a) Central bank digital currency means a digital medium of exchange, token, or monetary unit of account issued by the United States Federal Reserve System or any analogous federal agency that is made directly available to the consumer by such federal entities. Central bank digital currency includes a digital medium of exchange, token, or monetary unit of account so issued that is processed or validated directly by such federal entities; and

(b) 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;    Laws 2024, LB1074, § 97.    
Operative Date: July 19, 2024


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. State agency; installation or purchase of electric vehicle charging station; certification on component parts; required.

(1) For purposes of this section, restricted entity means:

(a) Any person or entity identified on the sanctions lists maintained by the Office of Foreign Assets Control of the United States Department of the Treasury;

(b) Any person or foreign government or entity determined by the United States Secretary of Commerce to have engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States pursuant to 15 C.F.R. 7.4; or

(c) Any person or foreign government or entity designated as a restricted entity by the Governor or a state agency under the authority of any other statute.

(2) State agencies shall require a certificate from the recipient of state funds or any funds administered by a state agency used for the installation or purchase of commercial electric vehicle charging stations or direct-current, fast-charging stations certifying that all component parts of a commercial electric vehicle charging station or a direct-current, fast-charging station which are capable of storing data, transmitting information via internet connection, or remotely controlling the operation of the commercial electric vehicle charging station or direct-current, fast-charging station are not to be produced, manufactured, or assembled by a restricted entity.

Source:Laws 2024, LB1317, § 69.    
Operative Date: April 24, 2024


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 reports required by sections 77-5731 and 77-6837, 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 reports required by sections 77-5731 and 77-6837 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;    Laws 2020, LB1107, § 139.    


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 81-161.06, unless the context otherwise requires:

(1) Materiel division means the division of the state government charged with the administration of sections 81-145 to 81-161.06, which division shall be a part of and subject to the supervision of the office of the Director of Administrative Services; and

(2) Using agencies means and includes all officers of the state, departments, bureaus, boards, commissions, councils, and institutions receiving legislative appropriations, except that using agencies does not include the University of Nebraska and the Nebraska state colleges.

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;    Laws 2023, LB705, § 103;    Laws 2024, LB461, § 33.    
Effective Date: July 19, 2024


81-146. Repealed. Laws 2024, LB461, § 53.

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. Materiel division; established; duties; materiel administrator; branches; established.

The materiel division of the Department of Administrative Services is hereby established and shall be managed by the materiel administrator.

There are hereby established the following seven branches of the materiel division of the Department of Administrative Services which shall have the following duties, powers, and responsibilities:

(1) The office supplies bureau shall be responsible for providing office supplies, paper, and forms to state agencies other than the University of Nebraska or the Nebraska state colleges;

(2) Central mail shall be responsible for all mailing operations, transportation of material, tracking shipments, and making freight claims;

(3) The print shop shall be responsible for specifications and for receiving bids and placing orders to the lowest and best commercial bidder for all printing and reproduction operations for the state. The print shop shall also be responsible for coordinating all existing printing and reproduction operations of the state;

(4) Copy services shall be responsible for the purchasing and placement of all copier requirements;

(5) The state purchasing bureau shall be responsible for all purchases of personal property by all state agencies other than the University of Nebraska or the Nebraska state colleges;

(6) The state recycling office shall be responsible for the administration and operation of the State Government Recycling Management Act; and

(7) State surplus property shall be responsible for the disposition of the state's surplus property and the maintenance of all inventory records.

Source:Laws 1965, c. 538, § 18, p. 1705; Laws 1969, c. 780, § 4, p. 2955; Laws 1974, LB 1054, § 32;    Laws 1975, LB 359, § 14;    Laws 1975, LB 447, § 8;    Laws 1981, LB 381, § 29; Laws 1992, LB 1241, § 27; Laws 1997, LB 314, § 11;    Laws 1998, LB 1129, § 24;    Laws 2000, LB 654, § 26;    Laws 2003, LB 626, § 10;    Laws 2017, LB151, § 6;    Laws 2017, LB320, § 5;    Laws 2023, LB705, § 105;    R.S.Supp.,2023, § 81-1118; Laws 2024, LB461, § 34.    
Effective Date: July 19, 2024


Cross References

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) 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;

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

(4) Make rules and regulations consistent with sections 81-145 to 81-161.06 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;

(5) 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;

(6) 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;

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

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

(9) Obtain an electronic procurement system, which shall be funded or paid for by providing the system provider with, as determined by the materiel administrator, a percentage or portion of identified transactions. Such percentage or portion may be collected by the system provider from contractors and bidders.

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;    Laws 2022, LB1037, § 2;    Laws 2024, LB461, § 40.    
Effective Date: July 19, 2024


Cross References

Annotations

81-153.01. Materiel Division Revolving Fund; created; use; investment.

(1) The Materiel Division Revolving Fund is created. The fund shall be administered by the materiel division of the Department of Administrative Services. The fund shall consist of (a) fees paid for printing, copying, central supply, and mailing services provided to state agencies and local subdivisions by the division, (b) assessments charged by the materiel administrator to state agencies, boards, and commissions for purchasing services provided by the division, and (c) any money collected pursuant to subdivision (9) of section 81-153. Such assessments shall be adequate to cover actual and necessary expenses that are associated with providing the service and not otherwise covered by the money collected pursuant to subdivision (9) of section 81-153. The fund shall be used to pay for expenses incurred by the division to provide such services.

(2) State agencies, boards, and commissions shall make the materiel division assessment payments to the fund no later than August 1 of each year, or in four equal payments to be made no later than August 1, October 1, February 1, and April 1 of each year, at the discretion of the materiel administrator.

(3) 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, § 2;    Laws 1995, LB 7, § 119;    Laws 2003, LB 424, § 6;    Laws 2022, LB1037, § 3;    R.S.Supp.,2022, § 81-1120; Laws 2024, LB461, § 39.    
Effective Date: July 19, 2024


Cross References

81-154. Repealed. Laws 2024, LB461, § 53.

81-154.01. Transferred to section 73-818.

81-155. Materiel administrator; inventory record; state property; powers and duties.

The materiel administrator shall have complete control of all furniture and equipment in the capitol, state laboratory, Governor's Mansion, and all other buildings owned or leased by the State of Nebraska, except telephone and telecommunications equipment and equipment and furniture of the Legislature and the Supreme Court. The materiel administrator shall keep in his or her office a complete record containing an itemized account of all state property, including furniture and equipment under his or her care and control. Such inventory record shall be maintained as a management system to assure efficient utilization of state property with particular emphasis on identification of surpluses. Such system shall be designed so as to provide the materiel administrator with the knowledge of potential surplus property available. The materiel administrator under the authority of the Director of Administrative Services shall have complete control and all powers necessary to assure efficient utilization of state property.

Source:Laws 1974, LB 1048, § 38;    Laws 2000, LB 654, § 27;    R.S.1943, (2014), § 81-1118.01; Laws 2024, LB461, § 35.    
Effective Date: July 19, 2024


81-156. Transferred to section 73-819.

81-157. State property; inventory; how stamped; action to recover.

(1) Except as otherwise provided in subsection (4) of this section, each executive, department, commission, or other state agency, and the Supreme Court, shall annually make or cause to be made an inventory of all property, including furniture and equipment, belonging to the State of Nebraska and in the possession, custody, or control of any executive, department, commission, or other state agency. The inventory shall include property in the possession, custody, or control of each executive, department, commission, or other state agency as of June 30 and shall be completed and filed with the materiel administrator by August 31 of each year.

(2) If any of the property of the state, referred to in subsection (1) of this section, is lost, destroyed, or unaccounted for by the negligence or carelessness of the executive, department, commission, or other state agency, the State Building Administrator shall, with the advice of the Attorney General, take the proper steps to recover such state property or the reasonable value thereof from the executive, department, commission, or other state agency charged with the same and from the person bonding such executive, department, commission, or other state agency, if any.

(3) Each such executive, department, commission, or other state agency shall indelibly tag, mark, or stamp all such property belonging to the State of Nebraska, with the following: Property of the State of Nebraska. In the inventory required by subsection (1) of this section, each such executive, department, commission, or other state agency shall state positively that each item of such property has been so tagged, marked, or stamped.

(4) This section does not apply to the Board of Regents of the University of Nebraska or the Board of Trustees of the Nebraska State Colleges.

Source:Laws 1937, c. 161, § 1, p. 625; Laws 1939, c. 94, § 1, p. 407; Laws 1941, c. 144, § 1, p. 573; C.S.Supp.,1941, § 72-707; R.S.1943, § 72-707; Laws 1955, c. 278, § 3, p. 881; Laws 1957, c. 306, § 1, p. 1112; Laws 1959, c. 331, § 2, p. 1205; Laws 1963, c. 418, § 3, p. 1343; R.R.S.1943, § 72-707; Laws 1974, LB 1048, § 39;    Laws 1981, LB 545, § 32; Laws 1984, LB 933, § 17;    Laws 1989, LB 256, § 1;    Laws 2011, LB59, § 3;    Laws 2023, LB705, § 106;    R.S.Supp.,2023, § 81-1118.02; Laws 2024, LB461, § 36.    
Effective Date: July 19, 2024


81-158. State purchasing bureau; use reverse auction; powers and duties.

(1) Notwithstanding any other provision of law, the state purchasing bureau created by section 81-152 may use a reverse auction for the acquisition of goods if the bureau determines that the use of a reverse auction would be advantageous to the state.

(2) If the bureau conducts a reverse auction, the bureau shall provide notification of the intent to use the reverse auction process in the bid solicitation documents and, unless the solicitation is canceled, an award shall be made to the bidder determined by the bureau to be the lowest responsible bidder at the close of the bidding process. The bureau may require bidders to register before the opening date and time of the reverse auction.

(3) The bureau may contract with a third-party vendor to conduct a reverse auction pursuant to this section.

(4) The bureau may adopt and promulgate rules and regulations to implement this section.

(5) For purposes of this section, reverse auction means a process in which (a) bidders compete to provide goods in an open and interactive environment, which may include the use of electronic media, (b) bids are opened and made public immediately, and (c) bidders are given opportunity to submit revised bids until the bidding process is complete.

Source:Laws 2009, LB168, § 1;    R.S.1943, (2014), § 81-1118.07; Laws 2024, LB461, § 37.    
Effective Date: July 19, 2024


81-159. Repealed. Laws 2024, LB461, § 53.

81-160. Department of Administrative Services; real property; purchases authorized.

The Department of Administrative Services may purchase real property needed by the state which costs an amount equal to or less than ten percent of the amount set forth in subdivision (1)(a) of section 81-1108.43 as adjusted by subsection (2) of section 81-1108.43 without legislative approval or a specific appropriation for such purchase unless the purchase is made to evade the dollar limitation in this section and additional unapproved purchases will be made which, when considered together, would exceed the dollar limitation.

Source:Laws 1992, LB 1241, § 29; Laws 2017, LB320, § 6;    R.S.Supp.,2022, § 81-1119; Laws 2024, LB461, § 38.    
Effective Date: July 19, 2024


81-161. Transferred to section 73-808.

81-161.01. Transferred to section 73-809.

81-161.02. Transferred to section 73-810.

81-161.03. Transferred to section 73-814.

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 such 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, 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;    Laws 2023, LB705, § 104.    


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. Transferred to section 73-811.

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. Repealed. Laws 2022, LB1012, § 33.

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; expenses.

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 expenses incurred in the performance of their duties as provided in sections 81-1174 to 81-1177.

Source:Laws 1977, LB 309, § 3;    Laws 1981, LB 204, § 168;    Laws 2020, LB381, § 101.    


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 that may be proposed to be made available to any state agency by means of gift and any acquisition of real property by any state agency using gifts of money pursuant to section 81-1,113. The task force shall submit a report of its findings and recommendations to the Committee on Building Maintenance. For purposes of this section, the terms gift and state agency have the same meanings as in section 81-1,111.

Source:Laws 1999, LB 369, § 2;    Laws 2011, LB264, § 3;    Laws 2012, LB761, § 1;    Laws 2024, LB998, § 9.    
Operative Date: July 1, 2025


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. Beginning October 1, 2024, any investment earnings from investment of money in the fund shall be credited to the General Fund.

(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;    Laws 2024, First Spec. Sess., LB3, § 31.    
Effective Date: August 21, 2024


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.

81-1,109. State Acceptance of Gifts Act, how cited.

Sections 81-1,109 to 81-1,115 shall be known and may be cited as the State Acceptance of Gifts Act.

Source:Laws 2024, LB998, § 1.    
Operative Date: July 1, 2025


81-1,110. Purpose of act.

The purpose of the State Acceptance of Gifts Act is to provide a procedure for accepting proposed gifts to the state so that the state does not assume responsibility for excessive costs or unnecessary obligations relating to such gifts.

Source:Laws 2024, LB998, § 2.    
Operative Date: July 1, 2025


81-1,111. Terms, defined.

For purposes of the State Acceptance of Gifts Act:

(1) Donor means (a) an individual, trustee, personal representative, or other legal representative of an individual or an organization, (b) any organization, corporation, foundation, or other entity, and (c) a nonfederal governmental agency;

(2) Gift means a voluntary transfer by any means, including a grant, bequest, or devise, of real property or tangible or intangible personal property, including money, by a donor to a state agency without full compensation;

(3) Real property means any estate or interest in land, including all buildings, fixtures, and improvements thereon and all rights-of-way, easements, rents, issues, profits, income, tenements, hereditaments, privileges, and appurtenances thereunto belonging, used, or enjoyed with such land, or any part thereof, except leases for a term not exceeding one year; and

(4) State agency means any agency, board, or commission of this state, excluding (a) the University of Nebraska, (b) the Nebraska state colleges, and (c) any agency, board, or commission of this state with statutory authority to accept gifts, to the extent of the authority granted.

Source:Laws 2024, LB998, § 3.    
Operative Date: July 1, 2025


81-1,112. Gift; allocation; use; approval, required; terms or conditions.

(1) Any gift made available to the State of Nebraska for any purpose or purposes, together with the income from such gift, shall be allocated to the state agency designated by the donor or, if no state agency is designated by the donor, shall be used in accordance with Article VII, section 9, of the Constitution of Nebraska.

(2) Acceptance of a gift shall be subject to approval by the receiving state agency and any additional requirements provided in the State Acceptance of Gifts Act. A gift accepted subject to terms or conditions shall be held subject to those terms or conditions.

Source:Laws 2024, LB998, § 4.    
Operative Date: July 1, 2025


81-1,113. Gift or acquisition of real property; state building division; Task Force for Building Renewal; reviews required; report; approval; when required.

(1) Any gift of real property with a value in excess of two hundred fifty thousand dollars which is proposed to be made to a state agency and any acquisition of real property which will be made by a state agency using gifts of money, if the combined total of such gifts of money exceeds two hundred fifty thousand dollars, shall be reviewed by the state building division and the Task Force for Building Renewal pursuant to sections 81-176, 81-1108.15, and 81-1114. Such review shall include any potential matching of state funds, any plans, specifications, and other construction or repair documents, and any potential maintenance requirements. Subsequent to such review, the state building division and the task force shall submit a report to the Governor, the Committee on Building Maintenance, and the Legislative Fiscal Analyst. The report shall include a summary of the review of the plans, specifications, and other construction or repair documents and potential maintenance requirements, shall outline the terms and conditions of the proposed gift or acquisition, and shall include a recommendation. The report submitted to the committee and the Legislative Fiscal Analyst shall be submitted electronically.

(2) Any gift of real property or acquisition of real property that is subject to review under subsection (1) of this section shall be approved by the Governor and the Legislature prior to acceptance or acquisition. If the Legislature is not in session, the Executive Board of the Legislative Council, after recommendation by the Committee on Building Maintenance, may approve such gift or acquisition along with the Governor.

(3) No construction, repair, maintenance, or other work related to the proposed gift or acquisition shall be initiated prior to receiving the review and approval required by this section.

(4) If an acquisition of real property has been approved pursuant to this section, gifts of tangible or intangible personal property or money funding the acquisition, in whole or in part, do not require approval pursuant to sections 81-1,114 and 81-1,115.

Source:Laws 1995, LB 530, § 13;    Laws 1999, LB 369, § 3;    Laws 2006, LB 1038, § 2;    Laws 2008, LB1116, § 8;    Laws 2011, LB264, § 4;    Laws 2012, LB761, § 2;    Laws 2012, LB782, § 183;    R.S.1943, (2014), § 81-1108.33; Laws 2024, LB998, § 5.    
Operative Date: July 1, 2025


Cross References

81-1,114. Gift of personal property; approval by Governor; required, when.

Any gift of tangible or intangible personal property with a fair market value of more than ten thousand dollars, except money, shall be approved by the Governor prior to acceptance, except that such approval shall not be required for gifts of tangible or intangible personal property described in subsection (4) of section 81-1,113.

Source:Laws 2024, LB998, § 6.    
Operative Date: July 1, 2025


81-1,115. Gift of money; approval of Governor; required, when; expenditures.

(1) Any gift of money in excess of ten thousand dollars shall be approved by the Governor prior to acceptance, except that such approval shall not be required for:

(a) Gifts of money described in subsection (4) of section 81-113; or

(b) Gifts of money that are being made for the purpose of providing matching funds required by state or federal law.

(2) At the discretion of the budget administrator of the budget division of the Department of Administrative Services and the Accounting Administrator of the Department of Administrative Services, expenditures of funds from any gift of money may be made through any existing cash fund, revolving fund, or trust fund. If an appropriate fund does not exist, the Accounting Administrator may create a fund as provided in section 81-1111.04.

Source:Laws 2024, LB998, § 7.    
Operative Date: July 1, 2025


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; (8) to perform laboratory testing services as provided in section 81-2,293; and (9) to enforce the Foreign-owned Real Estate National Security Act.

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;    Laws 2024, LB1301, § 21.    
Operative Date: January 1, 2025


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; State Veterinarian; office created; appointment; salary; qualifications; exercise of powers.

Within the Department of Agriculture there shall be the position of State Veterinarian appointed by and 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 54-2921 shall be exercised and discharged through the department under the direction of the State Veterinarian. 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 a college of veterinary medicine accredited by the American Veterinary Medical Association, shall be licensed and accredited as a veterinarian, and shall have demonstrated administrative ability.

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;    Laws 2020, LB344, § 79.    


Cross References

81-202.01. Repealed. Laws 2020, LB344, § 82.

81-202.02. Repealed. Laws 2020, LB344, § 82.

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) Native plant species means any grass, sedge, rush, or forb indigenous to North America prior to European settlement;

(20) Nonnative plant species means any grass, sedge, rush, or forb not indigenous to North America prior to European settlement;

(21) 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;

(22) 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;

(23) 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;

(24) 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;

(25) 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;

(26) 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;

(27) Pure seed means seed exclusive of inert matter and all other seeds not of the seed being considered as established by rules and regulations;

(28) 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;

(29) 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;

(30) 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;

(31) 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;

(32) 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;

(33) Seizure means a legal process carried out by court order against a definite amount or lot of seed;

(34) 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;

(35) 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;

(36) 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;

(37) 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;

(38) 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

(39) 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;    Laws 2022, LB91, § 1.    


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 native plant species, 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, when extreme dormancy is encountered in such species, 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; 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 or show viability from a tetrazolium (TZ) test less than the viability 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;    Laws 2022, LB91, § 2.    


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)(i) Of a native plant species unless a test required by section 81-2,147.02 to determine the percentage of germination or a test to determine the percentage of viability as indicated by a tetrazolium (TZ) test has 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 or retested for viability as indicated by a tetrazolium (TZ) test within a nine-month period, exclusive of the calendar month in which the retest was completed, immediately prior to their sale; and

(ii) Of a nonnative plant species unless a test required by section 81-2,147.02 to determine the percentage of germination 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;    Laws 2022, LB91, § 3.    


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 nonnative plant species for which a 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;    Laws 2022, LB91, § 4.    


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 fifteen cents per ton. The fee shall be paid by the person distributing the product to the ultimate user.

(2) The director may increase or decrease the inspection fee each July 1, but such fee shall not exceed the maximum rate established in subsection (1) of this section. The director shall determine the fee based on the estimated annual revenue and fiscal year-end fund balance determined as follows:

(a) The estimated annual revenue shall not be greater than one hundred seven percent of the program cash fund appropriations allocated for the Nebraska Commercial Fertilizer and Soil Conditioner Act; and

(b) The estimated fiscal year-end cash fund balance shall not be greater than seventeen percent of the program cash fund appropriations allocated for the Nebraska Commercial Fertilizer and Soil Conditioner Act.

(3) 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.

(4) 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.

(5) If a person fails to report and pay the fee required by subsection (4) 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.

(6) 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;    Laws 2021, LB90, § 2.    


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. 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. The fund may also be used to defray costs incurred by the department directly related to administrative and budgetary support of the Healthy Soils Task Force pursuant to sections 2-401 to 2-404, except that no more than ten thousand dollars may be expended by the department from the fund for such purpose. 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;    Laws 2019, LB243, § 5;    Laws 2019, LB657, § 23;    Laws 2024, LB262, § 27.    
Operative Date: January 1, 2025


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.    


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.    


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;    Laws 2019, LB304, § 1;    Laws 2023, LB562, § 24;    Laws 2024, LB262, § 28.    
Operative Date: July 19, 2024


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;    Laws 2023, LB562, § 25;    Laws 2024, LB262, § 29.    
Operative Date: July 19, 2024


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. Repealed. Laws 2024, LB262, § 51.

Operative Date: July 19, 2024


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. Repealed. Laws 2020, LB835, § 10.

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 2017 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(I) and (M), 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), 8-101, 8-102, 8-201.11, 8-201.12, 8-202.10 through 8-304.20, 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;    Laws 2020, LB835, § 1;    Laws 2024, LB262, § 30.    
Operative Date: July 19, 2024


81-2,245. Repealed. Laws 2024, LB262, § 51.

Operative Date: July 19, 2024


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 for sale or service at a religious, charitable, or fraternal organization's bake sale or similar function;

(7) A private home where a producer of food that meets the requirements of section 81-2,280 is prepared for sale directly to the consumer including, but not limited to, at a farmers market, fair, festival, craft show, or other public event or for pick up at or delivery from such private home;

(8) 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;

(9) The location where food prepared by a caterer is served so long as the caterer only minimally handles the food at the serving location;

(10) 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;

(11) 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

(12) 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;    Laws 2019, LB304, § 2;    Laws 2024, LB262, § 31.    
Operative Date: July 19, 2024


81-2,245.02. Food handling activity, defined.

Food handling activity shall mean food service, food catering, conducting retail food sales, or operating a commissary, mobile food unit, food pushcart, or food vending machine.

Source:Laws 2024, LB262, § 32.    
Operative Date: July 19, 2024


81-2,246. Repealed. Laws 1997, LB 199, § 63.

81-2,246.01. Repealed. Laws 2016, LB798, § 14.

81-2,247. Guidance document, defined.

Guidance document has the same meaning as in section 84-901.

Source:Laws 2023, LB562, § 26.    


81-2,248. Itinerant food vendor, defined.

Itinerant food vendor shall mean a temporary food establishment or 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;    Laws 2024, LB262, § 33.    
Operative Date: July 19, 2024


81-2,249. Repealed. Laws 1997, LB 199, § 63.

81-2,250. Limited retail food establishment, defined.

Limited retail food establishment shall mean a food establishment where food offered to the consumer is intended for off-premises consumption and where there are no meat processing or produce processing areas.

Source:Laws 2024, LB262, § 35.    
Operative Date: July 19, 2024


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. Repealed. Laws 2024, LB262, § 51.

Operative Date: July 19, 2024


81-2,251.02. Repealed. Laws 2024, LB262, § 51.

Operative Date: July 19, 2024


81-2,251.03. Limited food service establishment, defined.

Limited food service establishment shall mean a food establishment that serves only alcoholic beverages or 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;    Laws 2024, LB262, § 34.    
Operative Date: July 19, 2024


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.    


81-2,253.02. Secondary food handling activity, defined.

Secondary food handling activity shall mean operating mobile food units, food pushcarts, or food vending machines or operating any other type of food handling activity as not the primary food handling activity.

Source:Laws 2024, LB262, § 36.    
Operative Date: July 19, 2024


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 81-2,272.01, 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;    Laws 2020, LB835, § 2.    


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;    Laws 2024, LB262, § 37.    
Operative Date: July 19, 2024


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 without a valid permit:

(a) A food establishment conducting those food handling activities authorized by such permit;

(b) A food processing plant; or

(c) A salvage operation.

(2) Application for a permit shall be made to the director on forms prescribed and furnished by the department. Such application shall include (a) the applicant's full name and mailing address and the names and addresses of any partners, members, or corporate officers, (b) whether the applicant is an individual, partnership, limited liability company, corporation, or other legal entity, (c) the location and type of proposed establishment or operation, and (d) 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 any food establishment, food processing plant, or salvage operation is operating without a valid permit, such establishment, plant, or operation shall pay an additional fee of sixty dollars prior to the issuance of a valid permit.

(3) Payment of the initial permit fee, the initial inspection fee, and the fee for operating without a valid permit 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:

Secondary
or
Additional
Food Secondary
Preparation Unit
Area Or
Base Annual Units
Initial Annual Inspection Annual
Permit Inspection Fee Inspection
Permit Type Fee Fee (per area) Fee
Limited Retail
Food Establishment $86.19 $86.19 $43.09 N/A
Itinerant Food Vendor $86.19 $86.19 $43.09 N/A
Limited Food Service
Establishment $86.19 $86.19 $43.09 N/A
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) For a food establishment, a base inspection fee includes one food preparation area and one food handling activity based upon the primary food handling activity conducted within the food establishment as determined by the department. The annual inspection fee shall also include any fees assessed for each additional food preparation area within the primary establishment and any applicable secondary food handling activity as determined by the department. Any mobile food establishment that does not return to a commissary each day shall obtain a separate permit and pay the base inspection fee for the mobile food establishment.

(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. If the total fees due remain unpaid ninety days after the original due date, the permit shall no longer be valid.

(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.

(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.

(11) A permitholder may sell food prepared by the permitholder at the location of another permitholder without obtaining a separate permit at such location so long as the permitholder preparing the food is not a food processing plant. Both the permitholder preparing the food and the permitholder selling the food are responsible for compliance with the Nebraska Pure Food Act.

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;    Laws 2020, LB835, § 3;    Laws 2024, LB262, § 38.    
Operative Date: July 19, 2024


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; change of ownership or location; duties; mobile food unit or pushcart; copy of permit.

(1) The permit required by section 81-2,270 shall be posted in a conspicuous manner at the food establishment, each location where food handling activity included under a permit is occurring, the food processing plant, or the salvage operation. For a food establishment that does not have a permanent location, the permit 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. 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 permitholder shall provide information regarding the current location of any food handling activity included under the permitholder's permit to the regulatory authority upon request.

(4) Every mobile food unit or pushcart operator shall have a copy of the 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;    Laws 2024, LB262, § 39.    
Operative Date: July 19, 2024


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. Repealed. Laws 2024, LB262, § 51.

Operative Date: July 19, 2024


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. Mobile food establishment operators; guidance document.

The department shall develop and make available to the public a guidance document for mobile food establishment operators. The guidance document shall describe food establishment permit requirements applicable to mobile food establishments, including permit requirements applicable to reciprocity agreements between participating regulatory authorities under section 81-2,278.01.

Source:Laws 2023, LB562, § 29.    


81-2,278.01. Mobile food establishment; political subdivision; local licensing reciprocity; report.

(1) A political subdivision acting as a regulatory authority may enter into an agreement under the Interlocal Cooperation Act with other public agencies to grant and provide reciprocity for local licensing of mobile food establishments for purposes of regulating food safety and handling.

(2) On or before December 1, 2023, a political subdivision acting as a regulatory authority that is eligible to participate in an agreement under this section shall submit a report electronically to the Legislature. Such report shall contain the following information:

(a) A description of any reciprocity agreement entered into pursuant to this section; or

(b) If a reciprocity agreement has not been entered into pursuant to this section, a summary of actions taken to develop such an agreement and a description of any impediments to such an agreement.

Source:Laws 2023, LB562, § 27.    


Cross References

81-2,279. Mobile Food Establishment Ordinance Registry; department; powers and duties; city of the first class or city of the second class; requirements.

(1) For purposes of this section, city means a city of the first class or a city of the second class.

(2) The department shall establish and maintain the Mobile Food Establishment Ordinance Registry. The registry shall be made available for review by the public on the department's website. The purpose of the registry is to record in a central location the municipal ordinances used to regulate mobile food establishments.

(3) Each city shall participate in the registry. Except as provided in subsection (4) of this section, each city shall provide the department with the following information for the registry:

(a) The name and address of each person responsible for regulating mobile food establishment operations;

(b) A sample copy of any form that is required to be submitted in order for the mobile food establishment to operate in the city;

(c) A complete electronic record of the ordinances used to regulate mobile food establishments; and

(d) Any other information the department deems necessary.

(4) Any city that does not regulate the operation of mobile food establishments in any way shall submit to the department for publication on the registry a written statement confirming that the city does not regulate the operation of mobile food establishments.

(5) To ensure an accurate and updated registry, each city shall:

(a) Upon a request by the department, make available to the department all information required pursuant to this section; and

(b) Beginning in 2023, by December 31 of each calendar year notify the department of any new or modified ordinance adopted within such calendar year regulating mobile food establishments.

(6) The department may adopt and promulgate rules and regulations to carry out this section.

Source:Laws 2023, LB562, § 28.    


81-2,280. Producer of food at private home; requirements; registration; contents.

(1) A producer of food at a private home as described in subdivision (7) of section 81-2,245.01 shall meet the requirements of this section.

(2) Such producer shall only provide food that is not adulterated and is not any of the following types of time/temperature control for safety food:

(a) Any part of an animal, vertebrate or invertebrate, or animal by-product;

(b) Fluid milk or milk products as defined in the Grade A Pasteurized Milk Ordinance adopted by reference in the Nebraska Milk Act;

(c) Raw eggs;

(d) Unpasteurized juice;

(e) Infused oils or honey;

(f) Sprouts;

(g) Low-acid canned food and hermetically sealed acidified food;

(h) Tofu, tempeh, or similar meat substitutes; or

(i) Kimchi, kombucha, or similar fermented foods.

(3) Prior to conducting any food sales, the producer, other than a producer selling food that is not time/temperature control for safety food directly to the consumer at a farmers market, shall successfully complete:

(a) A nationally accredited food safety and handling education course that covers topics such as food safety issues, regulations, and techniques to maintain a food-safe environment;

(b) A certified food safety and handling training course offered at a culinary school or as required by a county, city, or village to obtain a food handler permit; or

(c) A food safety and handling education course approved by the department.

(4) The producer shall register with the department prior to conducting any sales of food. The registration shall be made on forms prescribed by the department and include (a) the name, address, and telephone number of the producer, (b) the type of food safety and handling education or training course taken pursuant to subsection (3) of this section and the date of its successful completion, and (c) proof of private well water testing for contamination by nitrate or bacteria if the producer uses private well water. This subsection shall not apply to a producer of food that is not time/temperature control for safety food selling directly to the consumer at a farmers market.

(5)(a) The producer shall inform the consumer by a clearly visible notification that the food:

(i) Was prepared in a kitchen that is not subject to regulation and inspection by a regulatory authority; and

(ii) May contain allergens.

(b) For sales conducted at a farmers market, fair, festival, craft show, or other public event, such notification shall be provided at the sale location.

(c) For sales conducted for pickup or delivery, such notification shall be provided at the producer's private home, on the producer's website, if such website exists, and in any print, radio, television, or Internet advertisement for such sales.

(6) The producer shall label the food so that the name and address of the producer is provided to the consumer on the package or container label. Food that is time/temperature control for safety food shall also have labeling that includes ingredients in descending order of predominance.

(7)(a) Food that is not time/temperature control for safety food may be delivered by United States mail or a commercial mail delivery service.

(b) Food that is time/temperature control for safety food shall be delivered only by the producer to the consumer in person. When transported, such food shall be maintained at a temperature in accordance with the Nebraska Pure Food Act and not be transported for longer than two hours.

(8) The provisions of this section supersede and preempt any ordinance, rule, regulation, or resolution regulating food safety and handling adopted or enacted by a political subdivision that is not in conformance with this section.

Source:Laws 2019, LB304, § 3;    Laws 2024, LB262, § 40.    
Operative Date: July 19, 2024


Cross References

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 (a) meet the requirements of section 8-402.10 of the Food Code and, within thirty-six months after being hired to conduct such inspections, pass a certified professional food safety credential examination approved by the department that meets the requirements of Option 2 of Standard 2, Trained Regulatory Staff, of the 2022 United States Food and Drug Administration's Voluntary National Retail Food Regulatory Program Standards or (b) 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;    Laws 2024, LB262, § 41.    
Operative Date: July 19, 2024


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 priority items, priority foundation items, 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;    Laws 2020, LB835, § 4.    


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 Environment and Energy, if required by law;

(d) Environmental practices adopted by the operation operator which may exceed those required by the Department of Environment and Energy;

(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;    Laws 2019, LB302, § 103.    


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 Employment Security Law, the Farm Labor Contractors 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;    Laws 2019, LB301, § 83.    


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. Transferred to section 81-530.

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

81-407. Workforce Development Program Cash Fund; created; use; investment.

The Workforce Development Program Cash Fund is hereby created. The fund shall consist of transfers authorized by the Legislature. The Department of Labor shall administer the fund to provide workforce development grants. 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 2024, LB1413, § 32.    
Effective Date: April 2, 2024


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 Environment and Energy, pursuant to section 81-15,291.

(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. 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;    Laws 2021, LB148, § 81;    Laws 2024, LB1069, § 2.    
Effective Date: April 16, 2024


Cross References

Annotations

81-502.01. Repealed. Laws 2024, LB1069, § 10.

81-502.02. Repealed. Laws 2024, LB1069, § 10.

81-502.03. Repealed. Laws 2024, LB1069, § 10.

81-502.04. Rules and regulations; enforcement; procedure.

The enforcement of rules and regulations adopted and promulgated by the State Fire Marshal under section 81-503.01 shall be as follows:

(1) Any order of the State Fire Marshal under the authority granted to him or her by sections 81-502 and 81-503.01 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;    Laws 2019, LB195, § 2.    


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, the Wildland Fire Response 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;    Laws 2024, LB1300, § 48.    
Operative Date: July 19, 2024


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 established pursuant to 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;    Laws 2021, LB37, § 2.    


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 or 81-503.01 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) The State Fire Marshal shall charge a fee for reviewing plans, blueprints, and shop drawings to determine compliance with rules and regulations adopted and promulgated pursuant to section 81-503.01 or 81-5,147. The State Fire Marshal shall establish such fee in rules and regulations adopted and promulgated to be effective on January 1, 2022. Such fee shall meet the costs of administering the plan review requirement found in sections 81-503.01 and 81-5,147 but shall not exceed five hundred dollars. The fee schedule as it existed prior to August 28, 2021, shall be used through December 31, 2021.

(b) The fees established pursuant to 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;    Laws 2019, LB195, § 3;    Laws 2021, LB37, § 3.    


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 at a minimum contain (a) the name and telephone number of the landowner, (b) the burn location, (c) the date and beginning and ending time of the burn, (d) a description of the material to be burned, and (e) the name and telephone number of the person responsible for the burn. The local fire department may have additional requirements for a burn to be permitted. The permit shall contain the signature, written or electronic, of the local fire chief. The State Fire Marshal shall provide a sample form with the minimum requirements on the website of the State Fire Marshal.

(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;    Laws 2024, LB1069, § 3.    
Effective Date: April 16, 2024


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; credit.

(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.

(6) An insurance company described in this section shall receive a credit on the tax imposed under this section as provided in the Affordable Housing Tax Credit Act and the Relocation Incentive Act.

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;    Laws 2022, LB800, § 345;    Laws 2024, LB1023, § 17.    
Operative Date: July 19, 2024


Cross References

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. Mechanical Safety Inspection Fund; created; use; investment.

The Mechanical Safety Inspection Fund is created. All fees collected by the State Fire Marshal 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.

Source:Laws 2007, LB265, § 24;    Laws 2017, LB331, § 46;    R.S.Supp.,2018, § 81-405; Laws 2019, LB301, § 81.    


Cross References

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. Firefighters; report regarding; contents.

The State Fire Marshal shall create a report regarding firefighters including the (1) type of department, including fire and rescue and fire only, (2) number of firefighters, including paid, paid per call, and unpaid, (3) department classification, including all paid departments, all volunteer departments, and all combination paid and volunteer departments, and (4) number of fire stations.

Source:Laws 2021, LB432, § 16.    


81-533. Repealed. Laws 1985, LB 40, § 2.

81-534. Repealed. Laws 2021, LB37, § 8.

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 81-531, 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;    Laws 2021, LB37, § 4.    


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; response; order; failure to comply; penalty; considerations.

(1) Whenever the State Fire Marshal, after conducting an inspection or investigation, has determined with a reasonable degree of certainty that any person has violated or 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 of the determination of a probable violation to such person and provide such person with the basis for the determination, including all documentation or other evidence related to the inspection or investigation.

(2) Such person shall have sixty business days to respond to the notice of a probable violation by either (a) agreeing with the determination and providing any details on what has been or will be done to achieve compliance or (b) disputing the determination and providing documentation or evidence to support that such person should not be found in violation of such section or regulations.

(3) In response to an answer made pursuant to subsection (2) of this section, the State Fire Marshal shall review the information provided. The State Fire Marshal may request any additional information from such person as the State Fire Marshal may require in order to reach a conclusion pursuant to subdivisions (a) and (b) of this subsection. Such person shall have thirty business days to respond to each such request for additional information. After such review:

(a) If the State Fire Marshal concludes that such person was not or is not in violation or that such person has achieved or will achieve compliance to no longer be in violation of 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 issue a letter indicating settlement based on such compliance and close the matter; or

(b) If the State Fire Marshal concludes that such person has not or will not achieve compliance to no longer be in violation of 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 issue an order finding such person in violation and providing notice of the right to a hearing pursuant to subdivision (4)(a) of this section.

(4)(a) If the State Fire Marshal issues an order pursuant to subdivision (3)(b) of this section, such person may request a hearing. If such person:

(i) Fails to request a hearing within thirty business days after the date of the order, the State Fire Marshal shall issue a final order finding such person in violation; or

(ii) Requests a hearing, the hearing officer shall conduct the proceeding in accordance with the Administrative Procedure Act. After the hearing, the hearing officer shall prepare findings of fact and conclusions of law. The State Fire Marshal shall issue a final order based on such findings of fact and conclusions of law.

(b) A final order issued pursuant to subdivision (4)(a)(i) or (ii) of this section may be appealed. The appeal shall be in accordance with the Administrative Procedure Act.

(5) After issuance of a final order under subdivision (4)(a)(i) or (ii) of this section and if no appeal is timely filed, 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.

(6)(a) Except as provided in subdivision (b) of this subsection, 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.

(b) For a violation of the federal safety standards established by the United States Secretary of Transportation pursuant to the federal Natural Gas Pipeline Safety Act of 1968 that have been incorporated in safety standards established by the State Fire Marshal under section 81-543, the district court may impose a civil penalty of up to two hundred thousand dollars for each violation for each day that such violation persists, except that the maximum civil penalty shall not exceed two million dollars for any related series of violations.

(7) No person shall be subject to civil penalties under both section 81-547 and the One-Call Notification System Act for conduct which may give rise to a violation under both the Nebraska Natural Gas Pipeline Safety Act of 1969 and the One-Call Notification System Act, unless that conduct is reckless or is done with willful disregard for the safety of others or their property. In the absence of recklessness or willful disregard for the safety of others or their property, such conduct shall be enforced primarily in accordance with section 76-2325.

(8) In determining the amount of a penalty imposed under subsection (6) of this section, the court shall consider the appropriateness of such penalty to the size of the business of the person charged, the gravity of the violation, the amount of harm or damage resulting from the violation, prior offenses and compliance history of the person charged, the good faith of the person charged in attempting to achieve compliance, remedial actions taken by the person charged, and other such matters as justice may require. 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;    Laws 2024, LB1069, § 4.    
Effective Date: April 16, 2024


Cross References

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 under the Nebraska Natural Gas Pipeline Safety Act of 1969 upon petition by the Attorney General on behalf of the State of Nebraska.

(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; Laws 2024, LB1069, § 5.    
Effective Date: April 16, 2024


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. 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 fifty 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;    Laws 2024, LB1069, § 6.    
Effective Date: April 16, 2024


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, 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;    Laws 2021, LB37, § 5.    


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. Repealed. Laws 2021, LB37, § 8.

81-5,137. Repealed. Laws 2021, LB37, § 8.

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.

(1) The Training Division Cash Fund is created. The State Fire Marshal shall administer the fund.

(2) Money collected pursuant to section 81-5,152 shall be remitted to the State Treasurer for credit to the fund. Such money in 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 such money in the fund to the General Fund at the direction of the Legislature.

(3) Money transferred to the Training Division Cash Fund from the Nebraska Opioid Recovery Trust Fund shall be used to connect first responders to behavioral health services, supports, and training and for a statewide wellness learning plan that includes anonymous assessments, education, and awareness to promote resiliency development, in accordance with the terms and conditions of the litigation or settlement that is the source of the money.

(4) Any money in the Training Division 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 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;    Laws 2024, LB1355, § 16.    
Operative Date: July 1, 2024


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 such 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 ten 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;    Laws 2024, LB1069, § 7.    
Effective Date: April 16, 2024


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.    


81-5,165. Act, how cited.

Sections 81-5,165 to 81-5,189 shall be known and may be cited as the Boiler Inspection Act.

Source:Laws 1987, LB 462, § 1;    Laws 1988, LB 863, § 1;    Laws 1995, LB 438, § 1;    R.S.1943, (2010), § 48-719; Laws 2019, LB301, § 1.    


81-5,166. Terms, defined.

As used in the Boiler Inspection Act, unless the context otherwise requires:

(1) Authorized inspection agency means an authorized inspection agency as defined in NB-369, National Board Qualifications and Duties for Authorized Inspection Agencies (AIAs) Performing Inservice Inspection Activities and Qualifications for Inspectors of Boilers and Pressure Vessels;

(2) Board means the Boiler Safety Code Advisory Board; and

(3) Boiler means a closed vessel in which water or other liquid is heated, steam or vapor is generated, steam or vapor is superheated, or any combination thereof, under pressure, for internal or external use to itself, by the direct application of heat and an unfired pressure vessel in which the pressure is obtained from an external source or by the application of heat from a direct source. Boiler includes a fired unit for heating or vaporizing liquids other than water only when such unit is separate from processing systems and complete within itself.

Source:Laws 1987, LB 462, § 2;    Laws 1988, LB 863, § 2;    Laws 1997, LB 641, § 1;    Laws 2007, LB226, § 1;    R.S.1943, (2010), § 48-720; Laws 2019, LB301, § 2.    


81-5,167. State boiler inspector; deputy inspectors; qualifications; bond or insurance.

(1) The State Fire Marshal shall employ a state boiler inspector who shall work under the direct supervision of the State Fire Marshal or his or her designee. The state boiler inspector shall:

(a) Be a practical boilermaker, technical engineer, operating engineer, or boiler inspector;

(b) Hold an "AI" or "IS" Commission from the National Board of Boiler and Pressure Vessel Inspectors;

(c) Be qualified by not less than ten years' experience in the construction, installation, repair, inspection, or operation of boilers, steam generators, and superheaters;

(d) Have a knowledge of the operation and use of boilers, steam generators, and superheaters for the generating of steam for power, heating, or other purposes; and

(e) Neither directly nor indirectly be interested in the manufacture, ownership, or agency of boilers, steam generators, and superheaters.

(2) The State Fire Marshal may hire deputy inspectors as necessary to carry out the Boiler Inspection Act. Deputy inspectors shall hold an "IS" Commission from the National Board of Boiler and Pressure Vessel Inspectors or acquire the same within twelve months of hire. Such deputy inspectors shall otherwise be subject to and governed by the same rules and regulations applicable to and governing the acts and conduct of the state boiler inspector.

(3) Before entering upon his or her duties under the Boiler Inspection Act, the state boiler inspector and each deputy inspector shall be bonded or insured as required by section 11-201.

Source:Laws 1943, c. 112, § 1, p. 392; R.S.1943, § 48-701; Laws 1978, LB 653, § 12;    R.S.1943, (1984), § 48-701; Laws 1987, LB 462, § 3;    Laws 1998, LB 395, § 12;    Laws 1999, LB 66, § 1;    Laws 2004, LB 884, § 23;    Laws 2017, LB264, § 1;    R.S.Supp.,2018, § 48-721; Laws 2019, LB301, § 3;    Laws 2021, LB37, § 6.    


81-5,168. State boiler inspector; inspection; exception; contract with authorized inspection agency; certification.

(1) Except as provided in subsections (3) and (4) of this section, the state boiler inspector shall inspect or cause to be inspected at least once every twelve months all boilers required to be inspected by the Boiler Inspection Act to determine whether the boilers are in a safe and satisfactory condition and properly constructed and maintained for the purpose for which the boiler is used, except that (a) hobby boilers, steam farm traction engines, portable and stationary show engines, and portable and stationary show boilers, which are not otherwise exempted from the act pursuant to section 81-5,172, shall be subject to inspection at least once every twenty-four months and (b) the State Fire Marshal may, by rule and regulation, establish inspection periods for pressure vessels of more than twelve months, but not to exceed the inspection period recommended in the National Board Inspection Code or the American Petroleum Institute Pressure Vessel Inspection Code API-510 for pressure vessels being used for similar purposes. In order to ensure that inspections are performed in a timely manner, the State Fire Marshal may contract with an authorized inspection agency to perform any inspection authorized under the Boiler Inspection Act. If the State Fire Marshal contracts with an authorized inspection agency to perform inspections, such contract shall be in writing and shall contain an indemnification clause wherein the authorized inspection agency agrees to indemnify and defend the State Fire Marshal for loss occasioned by negligent or tortious acts committed by special inspectors employed by such authorized inspection agency when performing inspections on behalf of the State Fire Marshal.

(2) No boilers required to be inspected by the act shall be operated without valid and current certification pursuant to rules and regulations adopted and promulgated by the State Fire Marshal in accordance with the requirements of the Administrative Procedure Act. The owner of any boiler installed after September 2, 1973, shall file a manufacturer's data report covering the construction of such boiler with the state boiler inspector. Such reports shall be used to assist the state boiler inspector in the certification of boilers. No boiler required to be inspected by the Boiler Inspection Act shall be operated at any type of public gathering or show without first being inspected and certified as to its safety by the state boiler inspector or a special inspector commissioned pursuant to section 81-5,177. Antique engines with boilers may be brought into the state from other states without inspection, but inspection as provided in this section shall be made and the boiler certified as safe before being operated.

(3) The State Fire Marshal may, by rule and regulation, waive the inspection of unfired pressure vessels registered with the State of Nebraska if the State Fire Marshal finds that the owner or user of the unfired pressure vessel follows a safety inspection and repair program that is based upon nationally recognized standards.

(4) A boiler that is used as a water heater to supply potable hot water and that is not otherwise exempt from inspection under the act pursuant to section 81-5,172 shall be subject to inspection at least once every twenty-four months in accordance with a schedule of inspection established by the State Fire Marshal by rule and regulation.

Source:Laws 1943, c. 112, § 2(1), p. 392; R.S.1943, § 48-702; Laws 1961, c. 235, § 5, p. 698; Laws 1971, LB 886, § 1;    Laws 1973, LB 481, § 1;    R.S.1943, (1984), § 48-702; Laws 1987, LB 462, § 4;    Laws 1995, LB 438, § 2;    Laws 1997, LB 641, § 2;    Laws 1998, LB 395, § 13;    Laws 1999, LB 66, § 2;    Laws 2007, LB226, § 2;    Laws 2009, LB627, § 1;    R.S.1943, (2010), § 48-722; Laws 2019, LB301, § 4.    


Cross References

81-5,169. State Fire Marshal and boiler inspectors; right of entry.

The State Fire Marshal and the boiler inspectors shall have the right and power to enter any building or structure, public or private, for the purpose of inspecting any boilers required to be inspected by the Boiler Inspection Act or gathering information relating to such boilers.

Source:Laws 1943, c. 112, § 2(2), p. 393; R.S.1943, § 48-703; R.S.1943, (1984), § 48-703; Laws 1987, LB 462, § 5;    Laws 1995, LB 438, § 3;    R.S.1943, (2010), § 48-723; Laws 2019, LB301, § 5.    


81-5,170. Certificate of inspection; certificate of registration; fees.

(1) Upon making an inspection of any boilers required to be inspected by the Boiler Inspection Act and upon receipt of the inspection fee and certificate fee or registration fee, the boiler inspector shall give to the owner or user of the boilers a certificate of inspection or certificate of registration upon forms prescribed by the State Fire Marshal. The certificate shall be posted in a place near the location of such boiler.

(2) The State Fire Marshal shall establish the amount of the inspection fee, certificate fee, and registration fee by rule or regulation at the level necessary to meet the costs of administering the act.

Source:Laws 1943, c. 112, § 2(3), p. 393; R.S.1943, § 48-704; Laws 1965, c. 288, § 1, p. 824; Laws 1980, LB 959, § 1; R.S.1943, (1984), § 48-704; Laws 1987, LB 462, § 6;    Laws 1995, LB 438, § 4;    Laws 1996, LB 1047, § 2;    Laws 1998, LB 395, § 14;    R.S.1943, (2010), § 48-724; Laws 2019, LB301, § 6.    


81-5,171. Excessive pressure prohibited.

The owner, user, or person or persons in charge of any boiler required to be inspected by the Boiler Inspection Act shall not allow or permit a greater pressure in any unit than is stated in the certificate of inspection issued by the inspector.

Source:Laws 1943, c. 112, § 2(4), p. 393; R.S.1943, § 48-705; R.S.1943, (1984), § 48-705; Laws 1987, LB 462, § 7;    Laws 1995, LB 438, § 5;    R.S.1943, (2010), § 48-725; Laws 2019, LB301, § 7.    


81-5,172. Boilers and vessels to which act does not apply.

The Boiler Inspection Act shall not apply to:

(1) Boilers of railway locomotives subject to federal inspection;

(2) Boilers operated and regularly inspected by railway companies operating in interstate commerce;

(3) Boilers under the jurisdiction and subject to regular periodic inspection by the United States Government;

(4) Boilers used exclusively for agricultural purposes;

(5) Steam heating boilers in single-family residences and apartment houses with four or less units having a safety valve set no higher than fifteen pounds pressure per square inch;

(6) Heating boilers using water in single-family residences and apartment houses with four or less units having a safety valve set no higher than thirty pounds pressure per square inch;

(7) Fire engine boilers brought into the state for temporary use in times of emergency;

(8) Boilers of a miniature model locomotive or boat or tractor or stationary engine constructed and maintained as a hobby and not for commercial use and having a diameter of less than ten inches inside diameter and a grate area not in excess of one and one-half square feet and that are properly equipped with a safety valve;

(9) Boilers or fired pressure vessels not exceeding two hundred thousand British thermal units of input;

(10) Unfired pressure vessels not exceeding (a) five cubic feet in volume or (b) a pressure of two hundred fifty pounds per square inch;

(11) Unfired pressure vessels owned and maintained by a district or corporation organized under the provisions of Chapter 70, article 6; and

(12) Unfired pressure vessels (a) not exceeding a maximum allowable working pressure of five hundred pounds per square inch, (b) that contain carbon dioxide, helium, oxygen, nitrogen, argon, hydrofluorocarbon refrigerant, or any other nonflammable gas determined by the State Fire Marshal not to be a risk to the public, (c) that are manufactured and repaired in accordance with applicable American Society of Mechanical Engineers standards, and (d) that are installed in accordance with the manufacturer's specifications.

Source:Laws 1943, c. 112, § 3, p. 393; R.S.1943, § 48-706; Laws 1965, c. 288, § 2, p. 825; Laws 1969, c. 406, § 1, p. 1404; R.S.1943, (1984), § 48-706; Laws 1987, LB 462, § 8;    Laws 1995, LB 438, § 6;    Laws 1997, LB 641, § 3;    Laws 1998, LB 395, § 15;    Laws 1999, LB 66, § 3;    Laws 2005, LB 122, § 1;    R.S.1943, (2010), § 48-726; Laws 2019, LB301, § 8;    Laws 2024, LB1069, § 8.    
Effective Date: April 16, 2024


81-5,173. State Fire Marshal; adopt rules and regulations; adopt schedule of fees; incorporation of codes.

The State Fire Marshal may adopt and promulgate rules and regulations for the purpose of effectuating the Boiler Inspection Act, including rules and regulations for the methods of testing equipment, the construction and installation of new boilers, and a schedule of inspection and certificate fees for boilers required to be inspected by the act. Such rules and regulations may incorporate by reference any portion of (1) the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers, as amended, (2) the National Board Inspection Code, as amended, (3) the American Society of Mechanical Engineers Code for Controls and Safety Devices for Automatically Fired Boilers, as amended, concerning controls and safety devices for automatically fired boilers, (4) the American Petroleum Institute Pressure Vessel Inspection Code API-510, and (5) the National Fire Protection Association pamphlet 85, Boiler and Combustion Systems Hazards Code, including codes referenced in such code. A copy of all rules and regulations adopted and promulgated under the Boiler Inspection Act, including copies of all codes incorporated by reference, shall be kept on file in the office of the State Fire Marshal and shall be known as the Boiler Safety Code.

Source:Laws 1943, c. 112, § 4(1), p. 393; R.S.1943, § 48-707; R.S.1943, (1984), § 48-707; Laws 1987, LB 462, § 9;    Laws 1995, LB 438, § 7;    Laws 1999, LB 66, § 4;    R.S.1943, (2010), § 48-727; Laws 2019, LB301, § 9.    


81-5,174. Boiler explosion; investigation; report.

The state boiler inspector shall investigate and report to the State Fire Marshal the cause of any boiler explosion that may occur in the state, the loss of life, the injuries sustained, the estimated loss of property, if any, and such other data as may be of benefit in preventing other similar explosions.

Source:Laws 1943, c. 112, § 4(2), p. 394; R.S.1943, § 48-708; R.S.1943, (1984), § 48-708; Laws 1987, LB 462, § 10;    R.S.1943, (2010), § 48-728; Laws 2019, LB301, § 10.    


81-5,175. State boiler inspector; record of equipment.

The state boiler inspector shall keep in the office of the State Fire Marshal a complete and accurate record of the name of the owner or user of any boiler required to be inspected by the Boiler Inspection Act and a full description of the equipment including the type, dimensions, age, condition, amount of pressure allowed, and date when last inspected.

Source:Laws 1943, c. 112, § 4(3), p. 394; R.S.1943, § 48-709; R.S.1943, (1984), § 48-709; Laws 1987, LB 462, § 11;    Laws 1995, LB 438, § 8;    R.S.1943, (2010), § 48-729; Laws 2019, LB301, § 11.    


81-5,176. Equipment; installation; notice to State Fire Marshal; reinspection.

Before any boiler required to be inspected by the Boiler Inspection Act is installed, a ten days' written notice of intention to install the boiler shall be given to the State Fire Marshal, except that the State Fire Marshal may, upon application and good cause shown, waive the ten-day prior notice requirement. The notice shall designate the proposed place of installation, the type and capacity of the boiler, the use to be made of the boiler, the name of the company which manufactured the boiler, and whether the boiler is new or used. A boiler moved from one location to another shall be reinspected prior to being placed back into use.

Source:Laws 1943, c. 112, § 5, p. 394; R.S.1943, § 48-710; R.S.1943, (1984), § 48-710; Laws 1987, LB 462, § 12;    Laws 1995, LB 438, § 9;    Laws 1998, LB 395, § 16;    Laws 2007, LB226, § 3;    R.S.1943, (2010), § 48-730; Laws 2019, LB301, § 12.    


81-5,177. Special inspector commission; requirements; inspection under provision of a city ordinance; inspection under the act not required; when; insurance coverage required.

(1)(a) The State Fire Marshal may issue a special inspector commission to an inspector in the employ of a company if the inspector has previously passed the examination prescribed by the National Board of Boiler and Pressure Vessel Inspectors and the company is an insurance company authorized to insure boilers in this state against loss from explosion or is an authorized inspection agency.

(b) Each special inspector employed by an insurance company or authorized inspection agency who has been issued a special inspector commission under this section shall submit to the state boiler inspector complete data of each boiler required to be inspected by the Boiler Inspection Act which is insured or inspected by such insurance company or authorized inspection agency on forms approved by the State Fire Marshal.

(c) Insurance companies shall notify the State Fire Marshal of new, canceled, or suspended risks relating to insured boilers. Insurance companies shall notify the State Fire Marshal of all boilers which the company insures, or any boiler for which insurance has been canceled, not renewed, or suspended within thirty days after such action. Authorized inspection agencies shall notify the State Fire Marshal of any new or canceled agreements relating to the inspection of boilers or pressure vessels within thirty days after such action.

(d) Insurance companies and authorized inspection agencies shall immediately notify the State Fire Marshal of defective boilers. If a special inspector employed by an insurance company, upon the first inspection of new risk, finds that the boiler or any of the appurtenances are in such condition that the inspector's company refuses insurance, the company shall immediately submit a report of the defects to the state boiler inspector.

(2) The inspection required by the act shall not be required if (a) an annual inspection is made under a city ordinance which meets the standards set forth in the act, (b) a certificate of inspection of the boiler is filed with the State Fire Marshal with a certificate fee, and (c) the inspector for the city making such inspection is required by such ordinance to either hold a commission from the National Board of Boiler and Pressure Vessel Inspectors commensurate with the type of inspections performed by the inspector for the city or acquire the commission within twelve months after appointment.

(3) The State Fire Marshal may, by rule and regulation, provide for the issuance of a special inspector commission to an inspector in the employ of a company using or operating an unfired pressure vessel subject to the act for the limited purpose of inspecting unfired pressure vessels used or operated by such company.

(4) All inspections made by a special inspector shall be performed in accordance with the act, and a complete report of such inspection shall be filed with the State Fire Marshal in the time, manner, and form prescribed by the State Fire Marshal.

(5) The state boiler inspector may, at his or her discretion, inspect any boiler to which a special inspector commission applies.

(6) The State Fire Marshal may, for cause, suspend or revoke any special inspector commission.

(7) No authorized inspection agency shall perform inspections of boilers in the State of Nebraska unless the authorized inspection agency has insurance coverage for professional errors and omissions and comprehensive and general liability under a policy or policies written by an insurance company authorized to do business in this state in effect at the time of such inspection. Such insurance policy or policies shall be in an amount not less than the minimum amount as established by the State Fire Marshal. Such minimum amount shall be established with due regard to the protection of the general public and the availability of insurance coverage, but such minimum insurance coverage shall not be less than one million dollars for professional errors and omissions and one million dollars for comprehensive and general liability.

Source:Laws 1943, c. 112, § 6(2), p. 394; R.S.1943, § 48-712; Laws 1947, c. 176, § 1, p. 584; Laws 1980, LB 959, § 2; R.S.1943, (1984), § 48-712; Laws 1987, LB 462, § 13;    Laws 1995, LB 438, § 10;    Laws 1998, LB 395, § 17;    Laws 2007, LB226, § 4;    R.S.1943, (2010), § 48-731; Laws 2019, LB301, § 13.    


81-5,178. Defective boiler; notice to user.

The state boiler inspector shall notify the user in writing of any boiler found to be unsafe or unfit for operation setting forth the nature and extent of such defects and condition. The notice shall indicate whether or not the boiler may be used without making repair or replacement of defective parts or may be used in a limited capacity before repairs or replacements are made. The state boiler inspector may permit the user a reasonable time to make such repairs or replacements.

Source:Laws 1943, c. 112, § 6(3), p. 395; R.S.1943, § 48-713; R.S.1943, (1984), § 48-713; Laws 1987, LB 462, § 14;    Laws 1995, LB 438, § 11;    R.S.1943, (2010), § 48-732; Laws 2019, LB301, § 14.    


81-5,179. Boiler; inspection; fees.

The owner or user of a boiler required to be inspected under the Boiler Inspection Act or inspected by request of the boiler owner shall pay a fee for such inspection or inspections in accordance with the rules and regulations adopted and promulgated by the State Fire Marshal. Any boiler required to be inspected by the act may be inspected by the state boiler inspector if the owner or his or her agent makes written request to the state boiler inspector. Fees will be imposed as required for services in support of the act in accordance with rules and regulations adopted and promulgated by the State Fire Marshal.

Source:Laws 1943, c. 112, § 7, p. 395; R.S.1943, § 48-714; Laws 1963, c. 294, § 1, p. 880; Laws 1980, LB 959, § 3; R.S.1943, (1984), § 48-714; Laws 1987, LB 462, § 15;    Laws 1995, LB 438, § 12;    R.S.1943, (2010), § 48-733; Laws 2019, LB301, § 15.    


81-5,180. Boiler Inspection Cash Fund; created; use; investment.

The Boiler Inspection Cash Fund is created. The State Fire Marshal shall use the fund for the administration of the boiler inspection program pursuant to the Boiler Inspection Act. The fund shall consist of money appropriated to it by the Legislature and fees collected in the administration of the act. Fees so collected shall be remitted to the State Treasurer with an itemized statement showing the source of collection. The State Treasurer shall credit the fees to the fund and the money in the fund shall not lapse into the General Fund, except that money in the Boiler Inspection Cash Fund may be transferred to the General Fund at the direction of the Legislature. Any money in the Boiler Inspection 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 1995, LB 438, § 13;    Laws 2017, LB331, § 25;    R.S.Supp.,2018, § 48-735.01; Laws 2019, LB301, § 16.    


Cross References

81-5,181. Violation; penalty.

Any person, persons, corporations, and the directors, managers, superintendents, and officers of such corporations violating the Boiler Inspection Act shall be guilty of a Class III misdemeanor.

Source:Laws 1943, c. 112, § 9, p. 396; R.S.1943, § 48-716; Laws 1977, LB 40, § 297;    R.S.1943, (1984), § 48-716; Laws 1987, LB 462, § 18;    Laws 2007, LB226, § 5;    R.S.1943, (2010), § 48-736; Laws 2019, LB301, § 17.    


81-5,182. Defective boiler; State Fire Marshal; state boiler inspector; powers.

In addition to any and all other remedies, if any owner, user, or person in charge of any boiler required to be inspected by the Boiler Inspection Act continues to use the same after receiving a notice of defect as provided by the act, without first correcting the defects or making replacements, the State Fire Marshal may apply to the district court or any judge thereof by petition in equity, in an action brought in the name of the state, for a writ of injunction to restrain the use of the alleged defective boiler or if the continued operation of the boiler poses serious risk or harm to the general public, the state boiler inspector may take those actions required to immediately shut down and cause to be inoperable any boiler required to be inspected by the act.

Source:Laws 1943, c. 112, § 10, p. 396; R.S.1943, § 48-717; R.S.1943, (1984), § 48-717; Laws 1987, LB 462, § 19;    Laws 1995, LB 438, § 14;    R.S.1943, (2010), § 48-737; Laws 2019, LB301, § 18.    


81-5,183. Petition for injunction; notice to owner or user; procedure.

The State Fire Marshal shall notify the owner or user of the equipment in writing of the time and place of hearing of the petition, as fixed by the court or judge, and serve the notice on the defendant at least five days prior to the hearing in the same manner as original notices are served. The general provisions relating to civil practice and procedure, insofar as the same may be applicable, shall govern such proceedings except as otherwise provided in the Boiler Inspection Act. In the event the defendant does not appear or plead to such action, default shall be entered against the defendant. The action shall be tried in equity, and the court or judge shall make such order or decree as the evidence warrants.

Source:Laws 1943, c. 112, § 11, p. 396; R.S.1943, § 48-718; R.S.1943, (1984), § 48-718; Laws 1987, LB 462, § 20;    R.S.1943, (2010), § 48-738; Laws 2019, LB301, § 19.    


81-5,184. Boiler Safety Code Advisory Board; created; members; terms.

There is hereby created the Boiler Safety Code Advisory Board. The board shall consist of seven members appointed by the Governor with the approval of the Legislature. Within thirty days after July 9, 1988, the Governor shall appoint three members for terms of two years and four members for terms of four years. Each succeeding member of the board shall be appointed for a term of four years, except that a member appointed to fill a vacancy shall serve for the unexpired term. If the Legislature is not in session when members of the board are appointed, such members shall take office and act as appointees until the next session of the Legislature.

Source:Laws 1988, LB 863, § 3;    R.S.1943, (2010), § 48-739; Laws 2019, LB301, § 20.    


81-5,185. Board; members; qualifications.

The membership of the board shall consist of one member who represents owners and users of boilers and has experience with boilers, one member who represents sellers of boilers, one member who represents the crafts involved in the construction, repair, or operation of boilers, one member who represents the insurance industry, one member who is a licensed professional engineer with experience with boilers, one member who represents the interest of public safety, and one member who represents the public. The state boiler inspector shall be a nonvoting member of the board.

Source:Laws 1988, LB 863, § 4;    R.S.1943, (2010), § 48-740; Laws 2019, LB301, § 21.    


81-5,186. Board; meetings; chairperson; quorum.

The members of the board shall conduct an annual meeting in July of each year, or at such other time as the board determines, and shall elect a chairperson from their members at the annual meeting. Other meetings of the board shall be held when called with at least seven days' notice to all members by the chairperson of the board or pursuant to a call signed by four other members. Four members of the board shall constitute a quorum for the transaction of business.

Source:Laws 1988, LB 863, § 5;    Laws 1998, LB 395, § 18;    R.S.1943, (2010), § 48-741; Laws 2019, LB301, § 22.    


81-5,187. Board member; compensation; expenses.

Each board member shall be paid the sum of fifty dollars per day while actually engaged in the business of the board. The members of the board shall be paid their mileage and expenses in attending meetings of the board and carrying out their official duties as provided in sections 81-1174 to 81-1177.

Source:Laws 1988, LB 863, § 6;    R.S.1943, (2010), § 48-742; Laws 2019, LB301, § 23.    


81-5,188. Board; duties.

The board shall hold hearings and advise the State Fire Marshal on rules and regulations for methods of testing equipment and construction and installation of new boilers required to be inspected by the Boiler Inspection Act and for inspection and certificate fees for such boilers.

Source:Laws 1988, LB 863, § 7;    Laws 1995, LB 438, § 15;    R.S.1943, (2010), § 48-743; Laws 2019, LB301, § 24.    


81-5,189. Transfer of duties and functions to State Fire Marshal; effect on property, contracts, rules and regulations, proceedings, and employment.

(1) Effective July 1, 2019, all duties and functions of the Department of Labor under the Boiler Inspection Act shall be transferred to the State Fire Marshal.

(2) On July 1, 2019, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of the Department of Labor pertaining to the duties and functions transferred to the State Fire Marshal pursuant to this section shall become the property of the State Fire Marshal.

(3) On and after July 1, 2019, whenever the Department of Labor is referred to or designated by any contract or other document in connection with the duties and functions transferred to the State Fire Marshal pursuant to this section, such reference or designation shall apply to the State Fire Marshal. All contracts entered into by the Department of Labor prior to July 1, 2019, in connection with the duties and functions transferred to the State Fire Marshal are hereby recognized, with the State Fire Marshal succeeding to all rights and obligations under such contracts.

(4) All rules and regulations of the Department of Labor adopted prior to July 1, 2019, in connection with the duties and functions transferred to the State Fire Marshal pursuant to this section shall continue to be effective until revised, amended, repealed, or nullified pursuant to law.

(5) No suit, action, or other proceeding, judicial or administrative, lawfully commenced prior to July 1, 2019, or which could have been commenced prior to that date, by or against the Department of Labor, or any employee thereof in such employee's official capacity or in relation to the discharge of his or her official duties, shall abate by reason of the transfer of duties and functions from the Department of Labor to the State Fire Marshal.

(6) On and after July 1, 2019, positions of employment in the Department of Labor related to the duties and functions transferred pursuant to this section are transferred to the State Fire Marshal. The affected employees shall retain their rights under the state personnel system or pertinent bargaining agreement, and their service shall be deemed continuous. This section does not grant employees any new rights or benefits not otherwise provided by law or bargaining agreement or preclude the State Fire Marshal from exercising any of the prerogatives of management set forth in section 81-1311 or as otherwise provided by law. This section is not an amendment to or substitute for the provisions of any existing bargaining agreements.

Source:Laws 2019, LB301, § 25.    


81-5,190. Act, how cited.

Sections 81-5,190 to 81-5,209 shall be known and may be cited as the Nebraska Amusement Ride Act.

Source:Laws 1987, LB 226, § 1;    Laws 1994, LB 608, § 1;    R.S.1943, (2010), § 48-1801; Laws 2019, LB301, § 26.    


81-5,191. Terms, defined.

For purposes of the Nebraska Amusement Ride Act, unless the context otherwise requires:

(1) Amusement ride shall mean any mechanical device that carries or conveys passengers along, around, or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, pleasure, or excitement, but such term shall not include (a) any single-passenger coin-operated ride that is manually, mechanically, or electrically operated and customarily placed in a public location and that does not normally require the supervision or services of an operator or (b) nonmechanized playground equipment, including, but not limited to, swings, seesaws, stationary spring-mounted animal features, rider-propelled merry-go-rounds, climbers, slides, trampolines, and physical fitness devices. Bungee jumping is specifically designated as an amusement ride for purposes of the act and shall mean the sport, activity, or other practice of jumping, diving, stepping out, dropping, or otherwise being released into the air while attached to a bungee cord, whereby the cord stretches, stops the fall, lengthens, and shortens allowing the person to bounce up and down, and is intended to finally bring the person to a stop at a point above a surface or the ground;

(2) Bungee cord shall mean a cord made of rubber, latex, or other elastic-type material, whether natural or synthetic;

(3) Operator shall mean a person actually engaged in or directly controlling the operations of an amusement ride;

(4) Owner shall mean a person who owns, leases, controls, or manages the operations of an amusement ride and may include the state or any political subdivision of the state;

(5) Qualified inspector shall mean any person who is (a) found by the State Fire Marshal to possess the requisite training and experience to perform competently the inspections required by the Nebraska Amusement Ride Act and (b) certified by the State Fire Marshal to perform inspections of amusement rides; and

(6) Reverse bungee jumping shall mean the sport, activity, or practice whereby a person is attached to a bungee cord, the bungee cord is stretched down so that such person is on a fixed catapult, launch, or release position, and such person is catapulted or otherwise launched or released into the air from such fixed position, while attached to a bungee cord, whereby the cord stretches, stops the fall, lengthens, and shortens allowing the person to bounce up and down, and is intended to finally bring the person to a stop at a point above a surface or the ground.

Source:Laws 1987, LB 226, § 2;    Laws 1994, LB 608, § 2;    R.S.1943, (2010), § 48-1802; Laws 2019, LB301, § 27.    


81-5,192. State Fire Marshal; adopt rules and regulations; administer act.

The State Fire Marshal shall adopt and promulgate rules and regulations (1) for the safe installation, repair, maintenance, use, operation, and inspection of amusement rides as the State Fire Marshal may find necessary for the protection of the general public and (2) necessary to carry out the provisions of the Nebraska Amusement Ride Act. Such rules and regulations shall be of a reasonable nature, based upon generally accepted engineering standards, formulas, and practices, and, insofar as practicable and consistent with the Nebraska Amusement Ride Act, uniform with rules and regulations of other states. Whenever such standards are available in suitable form they may be incorporated by reference by the State Fire Marshal. The State Fire Marshal shall administer and enforce the Nebraska Amusement Ride Act and all rules and regulations adopted and promulgated pursuant to such act. The State Fire Marshal shall coordinate all regulatory and investigative activities with the appropriate state agencies.

Source:Laws 1987, LB 226, § 3;    R.S.1943, (2010), § 48-1803; Laws 2019, LB301, § 28.    


81-5,193. Amusement ride; permit required; inspection.

Except for purposes of testing and inspection, no amusement ride shall be operated without a valid permit for the operation issued by the State Fire Marshal to the owner of such amusement ride. The owner of an amusement ride shall apply for a permit under section 81-5,195 to the State Fire Marshal on an application furnished by the State Fire Marshal and shall include such information as the State Fire Marshal may require. Every amusement ride shall be inspected before it is originally put into operation for public use and at least once every year after such ride is put into operation for public use.

Source:Laws 1987, LB 226, § 4;    R.S.1943, (2010), § 48-1804; Laws 2019, LB301, § 29.    


81-5,194. Reverse bungee jumping rides; prohibited.

No person shall operate a reverse bungee jumping ride in this state.

Source:Laws 1994, LB 608, § 5;    R.S.1943, (2010), § 48-1804.01; Laws 2019, LB301, § 30.    


81-5,195. Permit; issuance; conditions; fee; waiver of inspection.

(1) The State Fire Marshal shall issue a permit to operate an amusement ride to the owner of such amusement ride upon presentation by the owner of (a) an application for a permit, (b) a certificate of inspection by a qualified inspector, (c) proof of liability insurance as required in section 81-5,196, and (d) the permit fee. Such permit shall be valid through December 31 of the year in which the inspection is performed.

(2) The State Fire Marshal may waive the requirement of subdivision (1)(b) of this section if the owner of the amusement ride gives satisfactory proof to the State Fire Marshal that such amusement ride has passed an inspection conducted or required by a federal agency, any other state, or a governmental subdivision of this or of any other state which has standards for the inspection of such an amusement ride at least as stringent as those adopted and promulgated pursuant to the Nebraska Amusement Ride Act.

Source:Laws 1987, LB 226, § 5;    Laws 2004, LB 947, § 1;    R.S.1943, (2010), § 48-1805; Laws 2019, LB301, § 31.    


81-5,196. Liability insurance required.

No amusement ride shall be operated unless at the time of operation the owner has an insurance policy in effect written by an insurance company authorized to do business in this state insuring the owner and operator against liability for injury to persons arising out of the operation of such amusement ride. Such insurance policy shall be in amounts not less than the minimum amounts established by the State Fire Marshal. Such minimum amounts shall be established with due regard to the protection of the general public and the availability of insurance coverage, but such minimum amounts shall not be less than one million dollars per occurrence and three million dollars aggregate. The State Fire Marshal may require a separate insurance policy from the owner of any equipment used in an amusement ride, subject to the minimums and limitations provided in this section.

Source:Laws 1987, LB 226, § 6;    Laws 1994, LB 608, § 3;    R.S.1943, (2010), § 48-1806; Laws 2019, LB301, § 32.    


81-5,197. Amusement ride; inspection; suspend permit; when.

The State Fire Marshal may inspect any amusement ride without notice at any time while such amusement ride is operating in this state. The State Fire Marshal may temporarily suspend a permit to operate an amusement ride if it has been determined after inspection to be hazardous or unsafe. An amusement ride shall not be operated while the permit for its operation is suspended. Operation of such an amusement ride shall not resume until the hazardous or unsafe condition is corrected to the satisfaction of the State Fire Marshal.

Source:Laws 1987, LB 226, § 7;    R.S.1943, (2010), § 48-1807; Laws 2019, LB301, § 33.    


81-5,198. Accident; report; suspend permit; inspection.

The owner of an amusement ride shall send a copy of any accident report required by his or her insurer to the State Fire Marshal. The State Fire Marshal may provide for the suspension of the permit of operation for any amusement ride the breakdown or malfunction of which directly caused serious injury or death of any person. The State Fire Marshal may also require an inspection of any amusement ride, whose operation has resulted in any serious injury or death, before operation of such amusement ride may be resumed.

Source:Laws 1987, LB 226, § 8;    R.S.1943, (2010), § 48-1808; Laws 2019, LB301, § 34.    


81-5,199. Permit fees.

The State Fire Marshal shall establish by rules and regulations a schedule of permit fees not to exceed fifty dollars for each amusement ride. Such permit fees shall be established with due regard for the costs of administering the Nebraska Amusement Ride Act and shall be remitted to the State Treasurer for credit to the Mechanical Safety Inspection Fund.

Source:Laws 1987, LB 226, § 9;    Laws 2007, LB265, § 25;    R.S.1943, (2010), § 48-1809; Laws 2019, LB301, § 35.    


81-5,200. State Fire Marshal; certify inspectors.

The State Fire Marshal may certify such qualified inspectors as may be necessary to carry out the Nebraska Amusement Ride Act.

Source:Laws 1987, LB 226, § 11;    R.S.1943, (2010), § 48-1811; Laws 2019, LB301, § 36.    


81-5,201. Inspection fees.

(1) The State Fire Marshal may establish by rules and regulations a schedule of reasonable inspections fees for each amusement ride. The cost of obtaining the certificate of inspection from a qualified inspector shall be borne by the owner of the amusement ride.

(2) A separate schedule of fees shall be established for the inspection of bungee jumping operations, including the inspection of cranes used for bungee jumping. The fees shall be established taking into consideration the cost of such inspections.

Source:Laws 1987, LB 226, § 12;    Laws 1994, LB 608, § 4;    R.S.1943, (2010), § 48-1812; Laws 2019, LB301, § 37.    


81-5,202. Owner; maintain records.

Each owner shall retain at all times up-to-date maintenance and inspection records for each amusement ride as prescribed by the State Fire Marshal. The owner shall make such records available to the State Fire Marshal on request.

Source:Laws 1987, LB 226, § 13;    R.S.1943, (2010), § 48-1813; Laws 2019, LB301, § 38.    


81-5,203. Owner; provide schedule.

The State Fire Marshal may require the owner of an amusement ride to provide the State Fire Marshal with a tentative schedule of events at which the amusement ride will be operated within this state. The State Fire Marshal shall establish timetables and procedures for providing and updating such schedules.

Source:Laws 1987, LB 226, § 14;    R.S.1943, (2010), § 48-1814; Laws 2019, LB301, § 39.    


81-5,204. Operator; requirements.

No person shall operate an amusement ride unless he or she is at least sixteen years of age. An operator shall be in attendance at all times that an amusement ride is in operation.

Source:Laws 1987, LB 226, § 15;    R.S.1943, (2010), § 48-1815; Laws 2019, LB301, § 40.    


81-5,205. Violation; penalty.

Any person who knowingly operates or causes to be operated an amusement ride in violation of the Nebraska Amusement Ride Act shall be guilty of a Class II misdemeanor. Each day a violation continues shall constitute a separate offense.

Source:Laws 1987, LB 226, § 16;    R.S.1943, (2010), § 48-1816; Laws 2019, LB301, § 41.    


81-5,206. Application for injunction.

The Attorney General, acting on behalf of the State Fire Marshal, or the county attorney in a county in which an amusement ride is located or operated may apply to the district court, pursuant to the rules of civil procedure, for an order enjoining operation of any amusement ride operated in violation of the Nebraska Amusement Ride Act.

Source:Laws 1987, LB 226, § 17;    R.S.1943, (2010), § 48-1817; Laws 2019, LB301, § 42.    


81-5,207. Act, how construed.

The Nebraska Amusement Ride Act shall not be construed to alter the duty of care or the liability of an owner of an amusement ride for injuries or death of any person or damage to any property arising out of an accident involving an amusement ride. The state and its officers and employees shall not be construed to assume liability arising out of an accident involving an amusement ride by reason of administration of the Nebraska Amusement Ride Act.

Source:Laws 1987, LB 226, § 18;    R.S.1943, (2010), § 48-1818; Laws 2019, LB301, § 43.    


81-5,208. Local safety standards; authorized.

The governing board of any city, county, or village may establish and enforce safety standards for amusement rides in addition to, but not in conflict with, the standards established by the State Fire Marshal pursuant to the Nebraska Amusement Ride Act.

Source:Laws 1987, LB 226, § 19;    R.S.1943, (2010), § 48-1819; Laws 2019, LB301, § 44.    


81-5,209. Transfer of duties and functions to State Fire Marshal; effect on property, contracts, rules and regulations, proceedings, and employment.

(1) Effective July 1, 2019, all duties and functions of the Department of Labor under the Nebraska Amusement Ride Act shall be transferred to the State Fire Marshal.

(2) On July 1, 2019, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of the Department of Labor pertaining to the duties and functions transferred to the State Fire Marshal pursuant to this section shall become the property of the State Fire Marshal.

(3) On and after July 1, 2019, whenever the Department of Labor is referred to or designated by any contract or other document in connection with the duties and functions transferred to the State Fire Marshal pursuant to this section, such reference or designation shall apply to the State Fire Marshal. All contracts entered into by the Department of Labor prior to July 1, 2019, in connection with the duties and functions transferred to the State Fire Marshal are hereby recognized, with the State Fire Marshal succeeding to all rights and obligations under such contracts.

(4) All rules and regulations of the Department of Labor adopted prior to July 1, 2019, in connection with the duties and functions transferred to the State Fire Marshal pursuant to this section shall continue to be effective until revised, amended, repealed, or nullified pursuant to law.

(5) No suit, action, or other proceeding, judicial or administrative, lawfully commenced prior to July 1, 2019, or which could have been commenced prior to that date, by or against the Department of Labor, or any employee thereof in such employee's official capacity or in relation to the discharge of his or her official duties, shall abate by reason of the transfer of duties and functions from the Department of Labor to the State Fire Marshal.

(6) On and after July 1, 2019, positions of employment in the Department of Labor related to the duties and functions transferred pursuant to this section are transferred to the State Fire Marshal. The affected employees shall retain their rights under the state personnel system or pertinent bargaining agreement, and their service shall be deemed continuous. This section does not grant employees any new rights or benefits not otherwise provided by law or bargaining agreement or preclude the State Fire Marshal from exercising any of the prerogatives of management set forth in section 81-1311 or as otherwise provided by law. This section is not an amendment to or substitute for the provisions of any existing bargaining agreements.

Source:Laws 2019, LB301, § 45.    


81-5,210. Act, how cited.

Sections 81-5,210 to 81-5,243 shall be known and may be cited as the Conveyance Safety Act.

Source:Laws 2006, LB 489, § 1;    Laws 2007, LB265, § 26;    R.S.1943, (2010), § 48-2501; Laws 2019, LB301, § 46.    


81-5,211. Terms, defined.

For purposes of the Conveyance Safety Act:

(1) Certificate of inspection means a document issued by the State Fire Marshal that indicates that the conveyance has had the required safety inspection and tests and that the required fees have been paid;

(2) Committee means the Conveyance Advisory Committee;

(3) Conveyance means any elevator, dumbwaiter, vertical reciprocating conveyor, escalator, moving sidewalk, automated people mover, and other equipment enumerated in section 81-5,215 and not exempted under section 81-5,216;

(4) Elevator contractor means any person who is engaged in the business of contracting services for erecting, constructing, installing, altering, servicing, testing, repairing, or maintaining conveyances;

(5) Elevator mechanic means any person who is engaged in erecting, constructing, installing, altering, servicing, repairing, testing, or maintaining conveyances; and

(6) Person means an individual, a partnership, a limited liability company, a corporation, and any other business firm or company and includes a director, an officer, a member, a manager, and a superintendent of such an entity.

Source:Laws 2006, LB 489, § 2;    R.S.1943, (2010), § 48-2502; Laws 2019, LB301, § 47.    


81-5,212. Conveyance Advisory Committee; created; members; terms; expenses; meetings.

(1) The Conveyance Advisory Committee is created. One member shall be the state elevator inspector employed pursuant to section 81-5,221. The Governor shall appoint the other members of the committee as follows: One representative from a major elevator manufacturing company; one representative from an elevator servicing company; one representative who is a building manager; one representative who is an elevator mechanic; and one representative of the general public from each county that has a population of more than one hundred thousand inhabitants.

(2) The members of the committee appointed by the Governor shall serve for terms of three years, except that of the initial members appointed, two shall serve for terms of one year and three shall serve for terms of two years. The state elevator inspector shall serve continuously. The appointed members shall be reimbursed for expenses for service on the committee as provided in sections 81-1174 to 81-1177. The members of the committee shall elect a chairperson who shall be the deciding vote in the event of a tie vote.

(3) The committee shall meet and organize within thirty days after the appointment of the members. The committee shall meet quarterly at a time and place to be fixed by the committee for the consideration of code regulations and for the transaction of such other business as properly comes before it. Special meetings may be called by the chairperson or at the request of two or more members of the committee. Any appointed committee member absent from three consecutive meetings shall be dismissed.

Source:Laws 2006, LB 489, § 3;    Laws 2007, LB265, § 28;    R.S.1943, (2010), § 48-2503; Laws 2019, LB301, § 48;    Laws 2020, LB381, § 103.    


81-5,213. Committee; powers and duties.

The committee:

(1) May consult with engineering authorities and organizations concerned with standard safety codes;

(2) Shall recommend to the State Fire Marshal rules and regulations governing the operation, maintenance, servicing, construction, alteration, installation, and inspection of conveyances;

(3) Shall recommend to the State Fire Marshal qualifications for licensure as an elevator mechanic or elevator contractor and conditions for disciplinary actions, including suspension or revocation of a license;

(4) Shall recommend to the State Fire Marshal rules and regulations for temporary and emergency elevator mechanic thirty-day licenses;

(5) Shall recommend to the State Fire Marshal an enforcement program which will ensure compliance with the Conveyance Safety Act and the rules and regulations adopted and promulgated pursuant to the act. The enforcement program shall include the identification of property locations which are subject to the act, issuing notifications to violating property owners or operators, random onsite inspections and tests on existing installations, and assisting in development of public awareness programs; and

(6) Shall make recommendations to the State Fire Marshal regarding variances under section 81-5,217, continuing education providers under section 81-5,235, and license disciplinary actions under section 81-5,237.

Source:Laws 2006, LB 489, § 4;    R.S.1943, (2010), § 48-2504; Laws 2019, LB301, § 49.    


81-5,214. State Fire Marshal; establish fee schedules; administer act.

(1) The State Fire Marshal shall, after a public hearing conducted by the State Fire Marshal or his or her designee, establish a reasonable schedule of fees for licenses, permits, certificates, and inspections authorized under the Conveyance Safety Act. The State Fire Marshal shall establish the fees at a level necessary to meet the costs of administering the act. Inspection fee schedules relating to the inspection of conveyances adopted prior to January 1, 2008, shall continue to be effective until they are amended or repealed by the State Fire Marshal.

(2) The State Fire Marshal shall administer the Conveyance Safety Act. It is the intent of the Legislature that the funding for the administration of the act shall be entirely from cash funds remitted to the Mechanical Safety Inspection Fund that are fees collected in the administration of the act.

Source:Laws 2006, LB 489, § 6;    Laws 2007, LB265, § 29;    R.S.1943, (2010), § 48-2506; Laws 2019, LB301, § 50.    


81-5,215. Applicability of act.

(1) The Conveyance Safety Act applies to the construction, operation, inspection, testing, maintenance, alteration, and repair of conveyances. Conveyances include the following equipment, associated parts, and hoistways which are not exempted under section 81-5,216:

(a) Hoisting and lowering mechanisms equipped with a car which moves between two or more landings. This equipment includes elevators;

(b) Power driven stairways and walkways for carrying persons between landings. This equipment includes:

(i) Escalators; and

(ii) Moving sidewalks; and

(c) Hoisting and lowering mechanisms equipped with a car, which serves two or more landings and is restricted to the carrying of material by its limited size or limited access to the car. This equipment includes:

(i) Dumbwaiters;

(ii) Material lifts and dumbwaiters with automatic transfer devices; and

(iii) Conveyors and related equipment within the scope of American Society of Mechanical Engineers B20.1.

(2) The act applies to the construction, operation, inspection, maintenance, alteration, and repair of automatic guided transit vehicles on guideways with an exclusive right-of-way. This equipment includes automated people movers.

(3) The act applies to conveyances in private residences located in counties that have a population of more than one hundred thousand inhabitants at the time of installation. Such conveyances are subject to inspection at installation but are not subject to periodic inspections.

Source:Laws 2006, LB 489, § 7;    Laws 2007, LB265, § 30;    R.S.1943, (2010), § 48-2507; Laws 2019, LB301, § 51.    


81-5,216. Exemptions from act.

The Conveyance Safety Act does not apply to:

(1) Conveyances under the jurisdiction and subject to inspection by the United States Government;

(2) Conveyances used exclusively for agricultural purposes;

(3) Personnel hoists within the scope of American National Standards Institute A10.4;

(4) Material hoists within the scope of American National Standards Institute A10.5;

(5) Manlifts within the scope of American Society of Mechanical Engineers A90.1;

(6) Mobile scaffolds, towers, and platforms within the scope of American National Standards Institute A92;

(7) Powered platforms and equipment for exterior and interior maintenance within the scope of American National Standards Institute 120.1;

(8) Cranes, derricks, hoists, hooks, jacks, and slings within the scope of American Society of Mechanical Engineers B30;

(9) Industrial trucks within the scope of American Society of Mechanical Engineers B56;

(10) Portable equipment, except for portable escalators which are covered by American National Standards Institute A17.1;

(11) Tiering or piling machines used to move materials to and from storage located and operating entirely within one story;

(12) Equipment for feeding or positioning materials at machine tools, printing presses, and similar equipment;

(13) Skip or furnace hoists;

(14) Wharf ramps;

(15) Railroad car lifts or dumpers;

(16) Line jacks, false cars, shafters, moving platforms, and similar equipment used for installing a conveyance by an elevator contractor;

(17) Manlifts, hoists, or conveyances used in grain elevators or feed mills;

(18) Dock levelators;

(19) Stairway chair lifts and platform lifts; and

(20) Conveyances in residences located in counties that have a population of one hundred thousand or less inhabitants.

Source:Laws 2006, LB 489, § 8;    Laws 2007, LB265, § 31;    R.S.1943, (2010), § 48-2508; Laws 2019, LB301, § 52.    


81-5,217. Rules and regulations; State Fire Marshal; variance authorized; appeal.

(1) The State Fire Marshal shall adopt and promulgate rules and regulations which establish the regulations for conveyances under the Conveyance Safety Act. The rules and regulations may include the Safety Code for Elevators and Escalators, American Society of Mechanical Engineers A17.1 except those parts exempted under section 81-5,216; the standards for conveyors and related equipment, American Society of Mechanical Engineers B20.1; and the Automated People Mover Standards, American Society of Civil Engineers 21. The State Fire Marshal shall annually review to determine if the most current form of such standards should be adopted.

(2) The State Fire Marshal may grant a variance from the rules and regulations adopted in subsection (1) of this section in individual situations upon good cause shown if the safety of those riding or using the conveyance is not compromised by the variance. The State Fire Marshal shall adopt and promulgate rules and regulations for the procedure to obtain a variance. The committee shall make recommendations to the State Fire Marshal regarding each variance requested. The decision of the State Fire Marshal in granting or refusing to grant a variance may be appealed. The appeal shall be in accordance with the Administrative Procedure Act.

Source:Laws 2006, LB 489, § 9;    R.S.1943, (2010), § 48-2509; Laws 2019, LB301, § 53.    


Cross References

81-5,218. Registration of conveyances; when required.

Conveyances upon which construction is started subsequent to January 1, 2008, shall be registered at the time they are completed and placed in service.

Source:Laws 2006, LB 489, § 10;    R.S.1943, (2010), § 48-2510; Laws 2019, LB301, § 54.    


81-5,219. Certificate of inspection; when required; display of certificate.

On and after January 1, 2008: Prior to any newly installed conveyance being used for the first time, the property owner or lessee shall obtain a certificate of inspection from the State Fire Marshal. A fee established under section 81-5,214 shall be paid for the certificate of inspection. A licensed elevator contractor shall complete and submit first-time registrations for new installations to the state elevator inspector for the inspector's approval. A certificate of inspection shall be clearly displayed in an elevator car and on or in each other conveyance.

Source:Laws 2006, LB 489, § 11;    R.S.1943, (2010), § 48-2511; Laws 2019, LB301, § 55.    


81-5,220. Existing conveyance; prohibited acts; licensed elevator mechanic; licensed elevator contractor; when required; new conveyance installation; requirements.

(1) No person shall wire, alter, replace, remove, or dismantle an existing conveyance contained within a building or structure located in a county that has a population of more than one hundred thousand inhabitants unless such person is a licensed elevator mechanic or he or she is working under the direct supervision of a person who is a licensed elevator mechanic. Neither a licensed elevator mechanic nor a licensed elevator contractor is required to perform nonmechanical maintenance of a conveyance. Neither a licensed elevator contractor nor a licensed elevator mechanic is required for removing or dismantling conveyances which are destroyed as a result of a complete demolition of a secured building.

(2) It shall be the responsibility of licensed elevator mechanics and licensed elevator contractors to ensure that installation and service of a conveyance is performed in compliance with applicable fire and safety codes. It shall be the responsibility of the owner of the conveyance to ensure that the conveyance is maintained in compliance with applicable fire and safety codes.

(3) All new conveyance installations shall be performed by a licensed elevator mechanic under the control of a licensed elevator contractor or by a licensed elevator contractor. Subsequent to installation, a licensed elevator contractor shall certify compliance with the Conveyance Safety Act.

Source:Laws 2006, LB 489, § 12;    Laws 2007, LB265, § 32;    R.S.1943, (2010), § 48-2512; Laws 2019, LB301, § 56.    


81-5,221. State elevator inspector; qualifications; deputy inspectors; employment; qualifications.

(1) The State Fire Marshal shall employ a state elevator inspector who shall work under the direct supervision of the State Fire Marshal.

(2) The person so employed shall be qualified by (a) not less than five years' experience in the installation, maintenance, and repair of elevators as determined by the State Fire Marshal, (b) certification as a qualified elevator inspector by an association accredited by the American Society of Mechanical Engineers, or (c) not less than five years' journeyman experience in elevator installation, maintenance, and inspection as determined by the State Fire Marshal and shall be familiar with the inspection process and rules and regulations adopted and promulgated under the Conveyance Safety Act.

(3) The State Fire Marshal may employ deputy inspectors possessing the same qualifications as the state elevator inspector as necessary to carry out the Conveyance Safety Act.

Source:Laws 1919, c. 190, tit. IV, art. IV, § 14, p. 561; C.S.1922, § 7695; C.S.1929, § 48-414; R.S.1943, § 48-418; Laws 1965, c. 283, § 1, p. 810; Laws 1967, c. 297, § 1, p. 810; Laws 1973, LB 320, § 1;    Laws 1982, LB 659, § 2;    Laws 1987, LB 36, § 1;    Laws 1997, LB 752, § 126;    Laws 2006, LB 489, § 35;    R.S.Supp.,2006, § 48-418; Laws 2007, LB265, § 27;    R.S.1943, (2010), § 48-2512.01; Laws 2019, LB301, § 57.    


81-5,222. State elevator inspector; inspections required; written report.

(1) Except as provided otherwise in the Conveyance Safety Act, the state elevator inspector shall inspect or cause to be inspected conveyances which are located in a building or structure, other than a private residence, at least once every twelve months in order to determine whether such conveyances are in a safe and satisfactory condition and are properly constructed and maintained for their intended use.

(2) Subsequent to inspection of a conveyance, the inspector shall supply owners or lessees with a written inspection report describing any and all violations. An owner has thirty days after the date of the published inspection report to correct the violations.

(3) All tests done for the conveyance inspection shall be performed by a licensed elevator mechanic.

Source:Laws 2006, LB 489, § 13;    R.S.1943, (2010), § 48-2513; Laws 2019, LB301, § 58.    


81-5,223. Alternative inspections; requirements.

(1) No inspection shall be required under the Conveyance Safety Act when an owner or user of a conveyance obtains an inspection by a representative of a reputable insurance company licensed to do business in Nebraska, obtains a policy of insurance from such company upon the conveyance and files with the State Fire Marshal a certificate of inspection by such insurance company, files a statement that such conveyance is insured, and pays an administrative fee established pursuant to section 81-5,214.

(2) No inspection shall be required under the act when there has been an annual inspection under a city ordinance which meets the standards of the act.

Source:Laws 2006, LB 489, § 14;    R.S.1943, (2010), § 48-2514; Laws 2019, LB301, § 59.    


81-5,224. Special inspection; expenses; fee; report.

If at any time the owner or user of a conveyance desires a special inspection of a conveyance, it shall be made by the state elevator inspector after due request therefor and the inspector making the inspection shall collect his or her expenses in connection therewith and a fee established pursuant to section 81-5,214. A report of the inspection shall be provided to the owner or user who requested the inspection upon their request.

Source:Laws 2006, LB 489, § 15;    R.S.1943, (2010), § 48-2515; Laws 2019, LB301, § 60.    


81-5,225. Certificate of inspection; issuance; form.

Upon a conveyance passing an inspection under section 81-5,222, 81-5,223, or 81-5,224 and receipt of the inspection fee, the State Fire Marshal shall issue the owner or user of the conveyance a certificate of inspection, upon forms prescribed by the State Fire Marshal.

Source:Laws 2006, LB 489, § 16;    R.S.1943, (2010), § 48-2516; Laws 2019, LB301, § 61.    


81-5,226. State elevator inspector; records required.

The state elevator inspector shall maintain a complete and accurate record of the name of the owner or user of each conveyance subject to sections 81-5,222 and 81-5,223 and a full description of the conveyance and the date when last inspected.

Source:Laws 2006, LB 489, § 17;    R.S.1943, (2010), § 48-2517; Laws 2019, LB301, § 62.    


81-5,227. Entry upon property for purpose of inspection.

The State Fire Marshal, the state elevator inspector, and the deputy inspectors shall have the right and power to enter any public building or structure for the purpose of inspecting any conveyance subject to the Conveyance Safety Act or gathering information with reference thereto.

Source:Laws 2006, LB 489, § 18;    R.S.1943, (2010), § 48-2518; Laws 2019, LB301, § 63.    


81-5,228. Defective or unsafe condition; notice to owner or user; temporary certificate; when issued.

The state elevator inspector shall notify the owner or user in writing of any conveyance found to be unsafe or unfit for operation setting forth the nature and extent of any defect or other unsafe condition. If the conveyance can be used without making repair or replacement of defective parts or may be used in a limited capacity before repairs or replacements are made, the state elevator inspector may issue a temporary certificate of inspection which shall state the terms and conditions of operation under the temporary certificate. The temporary certificate shall be valid for no longer than thirty days unless an extension is granted by the state elevator inspector for good cause shown.

Source:Laws 2006, LB 489, § 19;    R.S.1943, (2010), § 48-2519; Laws 2019, LB301, § 64.    


81-5,229. Accident involving conveyance; notification required; when; state elevator inspector; duties.

The owner of a conveyance shall notify the state elevator inspector of any accident causing personal injury or property damage in excess of one thousand dollars involving a conveyance on or before the close of business the next business day following the accident, and the conveyance involved shall not operate until the state elevator inspector has conducted an investigation of the accident and has approved the operation of the conveyance. The state elevator inspector shall investigate and report to the State Fire Marshal the cause of any conveyance accident that may occur in the state, the loss of life, the injuries sustained, and such other data as may be of benefit in preventing other similar accidents.

Source:Laws 2006, LB 489, § 20;    R.S.1943, (2010), § 48-2520; Laws 2019, LB301, § 65.    


81-5,230. Elevator mechanic license; elevator contractor license; application; form; contents.

(1) Any person wishing to engage in the work of an elevator mechanic shall apply for and obtain an elevator mechanic license from the State Fire Marshal. The application shall be on a form provided by the State Fire Marshal.

(2) Any person wishing to engage in the business of an elevator contractor shall apply for and obtain an elevator contractor license from the State Fire Marshal. The application shall be on a form provided by the State Fire Marshal.

(3) Each application shall contain:

(a) If an individual, the name, residence and business address, and social security number of the applicant;

(b) If a partnership, the name, residence and business address, and social security number of each partner;

(c) If a domestic corporation, the name and business address of the corporation and the name, residence address, and social security number of the principal officer of the corporation; and if a corporation other than a domestic corporation, the name and address of an agent located locally who is authorized to accept service of process and official notices;

(d) The number of years the applicant has engaged in the business of installing, inspecting, maintaining, or servicing conveyances;

(e) The approximate number of individuals to be employed by the applicant and, if applicable, satisfactory evidence that the employees are or will be covered by workers' compensation insurance;

(f) Satisfactory evidence that the applicant is or will be covered by general liability, personal injury, and property damage insurance;

(g) Permission for the State Fire Marshal to access the criminal history record information of individuals, partners, or officers maintained by the Federal Bureau of Investigation through the Nebraska State Patrol;

(h) A description of all accidents causing personal injury or property damage in excess of one thousand dollars involving conveyances installed, inspected, maintained, or serviced by the applicant; and

(i) Such other information as the State Fire Marshal may by rule and regulation require.

(4) Social security numbers on applications shall not be made public or be considered a part of a public record.

Source:Laws 2006, LB 489, § 21;    R.S.1943, (2010), § 48-2521; Laws 2019, LB301, § 66.    


81-5,231. Standards for licensure of elevator mechanics; State Fire Marshal; duties.

The State Fire Marshal shall adopt and promulgate rules and regulations establishing standards for licensure of elevator mechanics. An applicant for an elevator mechanic license shall demonstrate the following qualifications before being granted an elevator mechanic license:

(1) Not less than three years' work experience in the conveyance industry, in construction, maintenance, and service or repair, as verified by current and previous employers;

(2) One of the following:

(a) Satisfactory completion of a written examination administered by the committee on the most recent referenced codes and standards;

(b) Acceptable proof that the applicant has worked as a conveyance constructor, maintenance, or repair person. Such person shall have worked as an elevator mechanic without the direct and immediate supervision of a licensed elevator contractor and have passed a written examination approved by the State Fire Marshal. This employment shall not be less than three years immediately prior to the effective date of the license;

(c) Certificates of completion and successfully passing an elevator mechanic examination of a nationally recognized training program for the conveyance industry as provided by the National Elevator Industry Educational Program or its equivalent; or

(d) Certificates of completion of an apprenticeship program for elevator mechanics, having standards substantially equal to those of the Conveyance Safety Act and registered with the Bureau of Apprenticeship and Training of the United States Department of Labor or a state apprenticeship council; and

(3) Any additional qualifications adopted and promulgated in rule and regulation by the State Fire Marshal.

Source:Laws 2006, LB 489, § 22;    R.S.1943, (2010), § 48-2522; Laws 2019, LB301, § 67.    


81-5,232. Elevator contractor license; work experience required.

An applicant for an elevator contractor license shall demonstrate five years' work experience in the conveyance industry in construction, maintenance, and service or repair, as verified by current or previous employers.

Source:Laws 2006, LB 489, § 23;    R.S.1943, (2010), § 48-2523; Laws 2019, LB301, § 68.    


81-5,233. Reciprocity.

Upon application, an elevator mechanic license or an elevator contractor license may be issued to a person holding a valid license from a state having standards substantially equal to those of the Conveyance Safety Act.

Source:Laws 2006, LB 489, § 24;    R.S.1943, (2010), § 48-2524;Laws 2019, LB301, § 69.    


81-5,234. License; issuance; renewal.

Upon approval of an application for licensure as an elevator mechanic, the State Fire Marshal may issue a license which shall be renewable biennially if the continuing education requirements are met. The fee for licenses and for license renewal for elevator mechanic licenses and elevator contractor licenses shall be set by the State Fire Marshal under section 81-5,214.

Source:Laws 2006, LB 489, § 25;    R.S.1943, (2010), § 48-2525; Laws 2019, LB301, § 70.    


81-5,235. Continuing education; extension; when granted; approved providers; records.

(1) The renewal of elevator mechanic licenses granted under the Conveyance Safety Act shall be conditioned upon the submission of a certificate of completion of a course designed to ensure the continuing education on new and existing rules and regulations adopted and promulgated by the State Fire Marshal. Such course shall consist of not less than eight hours of instruction that shall be attended and completed within one year immediately preceding any license renewal. The individual holding the elevator mechanic license shall pay the cost of such course.

(2) The courses shall be taught by instructors through continuing education providers that may include association seminars and labor training programs. The committee shall make recommendations to the State Fire Marshal about approval of continuing education providers.

(3) An elevator mechanic licensee who is unable to complete the continuing education course required under this section prior to the expiration of the license due to a temporary disability may apply for an extension from the state elevator inspector. The extension shall be on a form provided by the state elevator inspector which shall be signed by the applicant and accompanied by a certified statement from a competent physician attesting to such temporary disability. Upon the termination of such temporary disability, the elevator mechanic licensee shall submit to the state elevator inspector a certified statement from the same physician, if practicable, attesting to the termination of such temporary disability. At such time an extension sticker, valid for ninety days, shall be issued to the licensed elevator mechanic and affixed to the license. Such extension shall be renewable for periods of ninety days upon a showing that the disability continues.

(4) Approved continuing education providers shall keep uniform records, for a period of ten years, of attendance of elevator mechanic licensees following a format approved by the state elevator inspector, and such records shall be available for inspection by the state elevator inspector upon request. Approved continuing education providers are responsible for the security of all attendance records and certificates of completion. Falsifying or knowingly allowing another to falsify such attendance records or certificates of completion shall constitute grounds for suspension or revocation of the approval required under this section.

Source:Laws 2006, LB 489, § 26;    R.S.1943, (2010), § 48-2526; Laws 2019, LB301, § 71.    


81-5,236. Insurance policy; requirements; delivery; notice of alteration or cancellation.

(1) An elevator contractor shall submit to the State Fire Marshal an insurance policy, or certified copy thereof, issued by an insurance company authorized to do business in the state to provide general liability coverage of at least one million dollars for injury or death of any one person and one million dollars for injury or death of any number of persons in any one occurrence and to provide coverage of at least five hundred thousand dollars for property damage in any one occurrence and workers' compensation insurance coverage as required under the Nebraska Workers' Compensation Act.

(2) Such policies, or certified copies thereof, shall be delivered to the State Fire Marshal before or at the time of the issuance of a license. In the event of any material alteration or cancellation of any policy, at least ten days' notice thereof shall be given to the State Fire Marshal.

Source:Laws 2006, LB 489, § 27;    R.S.1943, (2010), § 48-2527; Laws 2019, LB301, § 72.    


Cross References

81-5,237. Elevator contractor license; revocation; grounds; elevator mechanic license; disciplinary actions; grounds; procedure; decision; appeal.

(1) An elevator contractor license issued under the Conveyance Safety Act may be revoked by the State Fire Marshal upon verification that the elevator contractor licensee lacks the insurance coverage required by section 81-5,236.

(2) An elevator mechanic license or an elevator contractor license issued under the act may be suspended, revoked, or subject to a civil penalty not to exceed five thousand dollars by the State Fire Marshal, after notice and hearing, if the licensee:

(a) Makes a false statement as to material matter in the license application;

(b) Commits fraud, misrepresentation, or bribery in obtaining the license; or

(c) Violates any other provision of the act.

(3) No license shall be suspended, revoked, or subject to civil penalty until after a hearing is held before the committee and the State Fire Marshal or his or her designee. The hearing shall be held within sixty days after notice of the violation is received and all interested parties shall receive written notice of the hearing at least fifteen days prior to the hearing. Within fifteen days after the hearing, the committee shall make recommendations to the State Fire Marshal or his or her designee of appropriate penalties, if any, warranted under the circumstances of the case. The committee does not have the power to suspend or revoke licenses or impose civil penalties. Within thirty days after the hearing, the State Fire Marshal shall issue a decision which may include license suspension, license revocation, and civil penalties. The decision of the State Fire Marshal may be appealed. The appeal shall be in accordance with the Administrative Procedure Act.

Source:Laws 2006, LB 489, § 28;    R.S.1943, (2010), § 48-2528; Laws 2019, LB301, § 73.    


Cross References

81-5,238. Temporary and emergency elevator mechanic thirty-day licenses.

The State Fire Marshal shall adopt and promulgate rules and regulations establishing standards and procedures for the issuance of temporary and emergency elevator mechanic thirty-day licenses and for the extension of such licenses for good cause shown.

Source:Laws 2006, LB 489, § 29;    R.S.1943, (2010), § 48-2529; Laws 2019, LB301, § 74.    


81-5,239. Request for investigation of alleged violation; preliminary inquiry; formal investigation; procedure.

(1) Any person may make a request for an investigation into an alleged violation of the Conveyance Safety Act by giving notice to the State Fire Marshal or state elevator inspector of such violation or danger.

(2) Upon receipt of a request for an investigation, the State Fire Marshal or state elevator inspector shall perform a preliminary inquiry into the charges contained in the request for investigation. A request for an investigation may be made in person or by telephone call and shall set forth with reasonable particularity the grounds for the request for an investigation. During the preliminary inquiry, the name, address, and telephone number of the person making the request for an investigation shall be available only to the State Fire Marshal, state elevator inspector, or other person carrying out the preliminary inquiry on behalf of the State Fire Marshal or state elevator inspector. The State Fire Marshal or state elevator inspector shall keep a record of each request for an investigation received under this section for three years after such request is made.

(3) If after the preliminary inquiry the State Fire Marshal or state elevator inspector determines that there are reasonable grounds to believe that such violation or danger exists and is likely to continue to exist such that the operation of the conveyance endangers the public, the State Fire Marshal or state elevator inspector shall cause a formal investigation to be made. During the formal investigation, a statement shall be taken from the person who made the request for an investigation and the person's name, address, and telephone number shall be made available to any opposing parties upon request.

(4) If the State Fire Marshal or state elevator inspector determines that there are no reasonable grounds to believe that a violation or danger exists under either subsection (2) or (3) of this section, the State Fire Marshal shall notify the person requesting the investigation in writing of such determination.

Source:Laws 2006, LB 489, § 30;    R.S.1943, (2010), § 48-2530; Laws 2019, LB301, § 75.    


81-5,240. Act; how construed; liability.

The Conveyance Safety Act shall not be construed to relieve or lessen the responsibility or liability of any person owning, operating, controlling, maintaining, erecting, constructing, installing, altering, testing, or repairing any conveyance covered by the act for damages to person or property caused by any defect therein. By administering the Conveyance Safety Act, the state and its officers and employees assume no liability for accidents involving a conveyance.

Source:Laws 2006, LB 489, § 31;    R.S.1943, (2010), § 48-2531; Laws 2019, LB301, § 76.    


81-5,241. Compliance with code at time of installation; notification of dangerous condition.

Under the Conveyance Safety Act, conveyances shall be required to comply with the code standards applicable at the time such conveyance was or is installed. However, if, upon the inspection of any conveyance, (1) the conveyance is found to be in a dangerous condition or there is an immediate hazard to those using such conveyance or (2) the design or the method of operation in combination with devices used is inherently dangerous, the state elevator inspector shall notify the owner of the conveyance of such condition and shall order such alterations or additions as may be deemed necessary to eliminate the dangerous condition.

Source:Laws 2006, LB 489, § 32;    R.S.1943, (2010), § 48-2532; Laws 2019, LB301, § 77.    


81-5,242. Violations; penalty.

(1) Any person who knowingly violates the Conveyance Safety Act is guilty of a Class V misdemeanor. Each violation shall be a separate offense.

(2) Any person who installs a conveyance in violation of the Conveyance Safety Act is guilty of a Class II misdemeanor.

Source:Laws 2006, LB 489, § 33;    R.S.1943, (2010), § 48-2533; Laws 2019, LB301, § 78.    


81-5,243. Transfer of duties and functions to State Fire Marshal; effect on property, contracts, rules and regulations, proceedings, and employment.

(1) Effective July 1, 2019, all duties and functions of the Department of Labor under the Conveyance Safety Act shall be transferred to the State Fire Marshal.

(2) On July 1, 2019, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of the Department of Labor pertaining to the duties and functions transferred to the State Fire Marshal pursuant to this section shall become the property of the State Fire Marshal.

(3) On and after July 1, 2019, whenever the Department of Labor is referred to or designated by any contract or other document in connection with the duties and functions transferred to the State Fire Marshal pursuant to this section, such reference or designation shall apply to the State Fire Marshal. All contracts entered into by the Department of Labor prior to July 1, 2019, in connection with the duties and functions transferred to the State Fire Marshal are hereby recognized, with the State Fire Marshal succeeding to all rights and obligations under such contracts.

(4) All rules and regulations of the Department of Labor adopted prior to July 1, 2019, in connection with the duties and functions transferred to the State Fire Marshal pursuant to this section shall continue to be effective until revised, amended, repealed, or nullified pursuant to law.

(5) No suit, action, or other proceeding, judicial or administrative, lawfully commenced prior to July 1, 2019, or which could have been commenced prior to that date, by or against the Department of Labor, or any employee thereof in such employee's official capacity or in relation to the discharge of his or her official duties, shall abate by reason of the transfer of duties and functions from the Department of Labor to the State Fire Marshal.

(6) On and after July 1, 2019, positions of employment in the Department of Labor related to the duties and functions transferred pursuant to this section are transferred to the State Fire Marshal. The affected employees shall retain their rights under the state personnel system or pertinent bargaining agreement, and their service shall be deemed continuous. This section does not grant employees any new rights or benefits not otherwise provided by law or bargaining agreement or preclude the State Fire Marshal from exercising any of the prerogatives of management set forth in section 81-1311 or as otherwise provided by law. This section is not an amendment to or substitute for the provisions of any existing bargaining agreements.

Source:Laws 2019, LB301, § 79.    


81-5,244. Certain appropriations to Department of Labor; how treated.

Any appropriation and salary limit provided in any legislative bill enacted by the One Hundred Sixth Legislature, First Session, to Agency No. 23 — Department of Labor, in any of the following program classifications, shall be null and void, and any such amounts are hereby appropriated to Agency No. 21, State Fire Marshal: Program No. 230 — Safety Inspection Program; Program No. 194, Division for Protection of People and Property, Subprogram 009 — Conveyance; and Program No. 194, Division for Protection of People and Property, Subprogram 010 — Boiler Inspection. Any financial obligations of the Department of Labor that remain unpaid as of June 30, 2019, and that are subsequently certified as valid encumbrances to the accounting division of the Department of Administrative Services pursuant to sections 81-138.01 to 81-138.04, shall be paid by the State Fire Marshal, Program No. 230 — Safety Inspection Program, from the unexpended balance of appropriations existing in such program classification on June 30, 2019.

Source:Laws 2019, LB301, § 80.    


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. Notice to Health and Human Services Committee of the Legislature; hearing.

The Department of Health and Human Services shall notify the chairperson and members of the Health and Human Services Committee of the Legislature prior to submitting any request or application to the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services for a demonstration project waiver under section 1115 of the Social Security Act, 42 U.S.C. 1315. Such notification shall be made electronically and shall include a copy of any documentation presented to the public related to the waiver. The Health and Human Services Committee of the Legislature shall hold a public hearing on such waiver application during the period for public comment required under 42 C.F.R. 431.408.

Source:Laws 2019, LB468, § 3.    


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 databases 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, the Parkinson's Disease Registry established in the Parkinson's Disease Registry Act, and the statewide stroke data registry established in the Stroke System of Care 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;    Laws 2021, LB476, § 3.    


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 databases 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 databases 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 databases, 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 databases 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 date of birth 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;    Laws 2020, LB755, § 33.    


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 and settings 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;    Laws 2019, LB570, § 2.    


81-6,122. Strategic plan for providing services; department; duties; advisory committee; analysis and report.

(1) The Department of Health and Human Services shall, in collaboration with the Department of Correctional Services, the Department of Economic Development, the Department of Labor, the Department of Transportation, the Department of Veterans' Affairs, the State Department of Education, the University of Nebraska, and the Equal Opportunity Commission, 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 chief executive officer of the Department of Health and Human Services shall convene a team to:

(a) Develop the strategic plan described in subsection (1) of this section;

(b) 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, the Public Service Commission, the Commission for the Deaf and Hard of Hearing, the Commission for the Blind and Visually Impaired, 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;

(c) Arrange for consultation with an independent consultant to assist with the continued analysis and revision of the strategic plan and determine whether the benchmarks, deadlines, and timeframes are in substantial compliance with the strategic plan;

(d) Provide continuing analysis of the strategic plan and a report on the progress of the strategic plan and changes or revisions to the Legislature by December 15, 2021, and every three years thereafter; and

(e) Provide the completed strategic plan to the Legislature and the Governor by December 15, 2019.

(3) The reports and completed plan shall be submitted electronically to the Legislature.

Source:Laws 2016, LB1033, § 2;    Laws 2019, LB570, § 3.    


81-6,123. Population Health Information Act; act, how cited.

Sections 81-6,123 to 81-6,126 shall be known and may be cited as the Population Health Information Act.

Source:Laws 2020, LB1183, § 1.    


81-6,124. Terms, defined.

For purposes of the Population Health Information Act:

(1) Clinical information means information related to the diagnosis and treatment of health conditions or services provided for health conditions;

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

(3) Designated health information exchange means the statewide health information exchange described in section 71-2455;

(4) Health care entity means a health care facility as defined in section 71-413, a home health agency as defined in section 71-417, an urgent care treatment center, a laboratory, a medicaid managed care organization, a federally qualified health center, a health care practitioner facility as defined in section 71-414, a dental facility, a local public health department, a health insurance carrier, or any other organization or entity providing health care services in Nebraska;

(5) Health care provider means a person practicing as a health care professional under the Uniform Credentialing Act; and

(6) Prescription drug monitoring program means the program created under section 71-2454.

Source:Laws 2020, LB1183, § 2.    


Cross References

81-6,125. Act; purpose; designated health information exchange; duties; health care facility; health insurance plan; participation required; terms and conditions; individuals; opt out.

(1) The purpose of the Population Health Information Act is to designate a health information exchange to provide the data infrastructure needed to assist in creating a healthier Nebraska and operating the electronic health records initiative.

(2) The designated health information exchange shall:

(a) Aggregate clinical information from health care entities needed to support the operation of the medical assistance program under the Medical Assistance Act;

(b) Act as the designated entity for purposes of access to and analysis of health data;

(c) Collect and analyze data for purposes of informing the Legislature, the department, health care providers, and health care entities as to the cost of, access to, and quality of health care in Nebraska;

(d) Act as a collector and reporter of public health data for registry submissions, electronic laboratory reporting, immunization reporting, and syndromic surveillance from an electronic health record, which does not include claims data; and

(e) Enable any health care provider or health care entity to access information available within the designated health information exchange to evaluate and monitor care and treatment of a patient in accordance with the privacy and security provisions set forth in the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.

(3)(a) On or before September 30, 2021, each health care facility listed in subdivision (b) of this subsection shall participate in the designated health information exchange through sharing of clinical information. Such clinical information shall include the clinical data that the health care facility captured in its existing electronic health record as permitted by state and federal laws, rules, and regulations. Any patient health information shared with the designated health information exchange as determined by policies adopted by the Health Information Technology Board shall be provided in accordance with the privacy and security provisions set forth in the federal Health Insurance Portability and Accountability Act of 1996 and regulations adopted under the act.

(b) This subsection applies to an ambulatory surgical center, a critical access hospital, a general acute hospital, a health clinic, a hospital, an intermediate care facility, a long-term care hospital, a mental health substance use treatment center, a PACE center, a pharmacy, a psychiatric or mental hospital, a public health clinic, or a rehabilitation hospital, as such terms are defined in the Health Care Facility Licensure Act, or a diagnostic, laboratory, or imaging center.

(c) This subsection does not apply to (i) a state-owned or state-operated facility or (ii) an assisted-living facility, a nursing facility, or a skilled nursing facility, as such terms are defined in the Health Care Facility Licensure Act.

(d) Any connection established by July 1, 2021, between a health care facility and the designated health information exchange to facilitate such participation shall be at no cost to the participating health care facility.

(e) A health care facility may apply to the board for a waiver from the requirement to participate under this subsection due to a technological burden. The board shall review the application and determine whether to waive the requirement. If the board waives the requirement for a health care facility, the board shall review the waiver annually to determine if the health care facility continues to qualify for the waiver.

(f) The board shall not require a health care facility to purchase or contract for an electronic records management system or service.

(4)(a) On or before January 1, 2022, each health insurance plan shall participate in the designated health information exchange through sharing of information. Subject to subsection (5) of this section, such information shall be determined by policies adopted by the Health Information Technology Board.

(b) For purposes of this subsection:

(i) Health insurance plan includes any group or individual sickness and accident insurance policy, health maintenance organization contract, subscriber contract, employee medical, surgical, or hospital care benefit plan, or self-funded employee benefit plan to the extent not preempted by federal law; and

(ii) Health insurance plan does not include (A) accident-only, disability-income, hospital confinement indemnity, dental, hearing, vision, or credit insurance, (B) coverage issued as a supplement to liability insurance, (C) insurance provided as a supplement to medicare, (D) insurance arising from workers' compensation provisions, (E) automobile medical payment insurance, (F) insurance policies that provide coverage for a specified disease or any other limited benefit coverage, or (G) insurance under which benefits are payable with or without regard to fault and which is statutorily required to be contained in any liability insurance policy.

(5) The designated health information exchange and the department shall enter into an agreement to allow the designated health information exchange to collect, aggregate, analyze, report, and release de-identified data, as defined by the federal Health Insurance Portability and Accountability Act of 1996, that is derived from the administration of the medical assistance program. Such written agreement shall be executed no later than September 30, 2021.

(6) In addition to the right to opt out as provided in section 71-2454, an individual shall have the right to opt out of the designated health information exchange or the sharing of information required under subsections (3) and (4) of this section. The designated health information exchange shall adopt a patient opt-out policy consistent with the federal Health Insurance Portability and Accountability Act of 1996 and other applicable federal requirements. Such policy shall not apply to mandatory public health reporting requirements.

Source:Laws 2020, LB1183, § 3;    Laws 2021, LB411, § 1.    


Cross References

81-6,126. Federal funding; department; duties.

(1) The department shall work collaboratively with the designated health information exchange to access funding through federal programs, which shall include, but not be limited to, the Centers for Medicare and Medicaid Services, the Centers for Disease Control and Prevention, and the Health Resources and Services Administration of the United States Department of Health and Human Services, and other federal programs related to health information, technology, population health, and health care delivery system initiatives, for purposes of supporting the designated health information exchange and the prescription drug monitoring program.

(2) Nothing in the Population Health Information Act shall preclude the department from working collaboratively with other entities for purposes of collecting and analyzing data to inform the Legislature, the department, health care providers, and health care entities regarding the cost of, access to, and quality of health care in Nebraska.

Source:Laws 2020, LB1183, § 4.    


81-6,127. Health Information Technology Board; created; members; expenses; quorum.

(1) The Health Information Technology Board is created. The board shall have seventeen members. Except for members designated in subdivision (2)(o) of this section, the members shall be appointed by the Governor with the approval of a majority of the members of the Legislature. The members may begin to serve immediately following appointment and prior to approval by the Legislature. The members shall be appointed by February 1, 2021, and the board shall begin meeting on or before April 1, 2021.

(2) Members designated under subdivisions (b), (c), (d), (e), (g), (h), and (i) of this subsection shall hold a credential under the Uniform Credentialing Act. Except as otherwise provided in subsection (4) of this section, the board shall consist of:

(a) One individual who has experience in operating the prescription drug monitoring program created under section 71-2454;

(b) Two physicians, one of whom shall be a family practice physician, who are in active practice and in good standing with the Department of Health and Human Services appointed from a list of physicians provided by a statewide organization representing physicians;

(c) One pharmacist who is in active practice and in good standing with the department appointed from a list of pharmacists provided by a statewide organization representing pharmacists;

(d) One alcohol and drug counselor providing services for a state-licensed alcohol and drug abuse addiction treatment program;

(e) One health care provider who is board-certified in pain management;

(f) One hospital administrator appointed from a list of hospital administrators provided by a statewide organization representing hospital administrators;

(g) One dentist who is in active practice and in good standing with the department appointed from a list of dentists provided by a statewide organization representing dentists;

(h) One nurse practitioner who is in active practice and in good standing with the department authorized to prescribe medication appointed from a list of nurse practitioners authorized to prescribe medication provided by a statewide organization representing such nurse practitioners;

(i) One veterinarian who is in active practice and in good standing with the department appointed from a list of veterinarians provided by a statewide organization representing veterinarians;

(j) One representative of the Department of Health and Human Services;

(k) One representative of a delegate as defined in section 71-2454;

(l) One health care payor as defined in section 25-21,247 or an employee of a health care payor;

(m) One credentialed health information management professional appointed from a list of such professionals provided by a statewide organization representing such professionals;

(n) One representative of the statewide health information exchange described in section 71-2455; and

(o) The chairperson of the Health and Human Services Committee of the Legislature and the chairperson of the Appropriations Committee of the Legislature, both of whom are nonvoting, ex officio members.

(3) Except for members designated in subdivisions (2)(a) and (o) of this section:

(a) A minimum of three members shall be appointed from each congressional district;

(b) Each member shall be appointed for a five-year term beginning on April 1, 2021, and may serve for any number of such terms;

(c) Any member appointed prior to April 1, 2021, shall begin to serve immediately upon appointment and continue serving for the term beginning on April 1, 2021; and

(d) Any vacancy in membership, other than by expiration of a term, shall be filled within ninety days by the Governor by appointment for the vacant position as provided in subsection (2) of this section.

(4) If, after appointment, the classification of a member's credential changes or a member's credential classification is terminated and if such credential was a qualification for appointment, the member shall be permitted to continue to serve as a member of the board until the expiration of the term for which appointed unless the member loses the credential due to disciplinary action.

(5) The members shall be reimbursed for their actual and necessary expenses incurred in serving on the board as provided in section 71-2455.

(6) A simple majority of members shall constitute a quorum for the transaction of all business.

Source:Laws 2020, LB1183, § 5.    


Cross References

81-6,128. Health Information Technology Board; duties; meetings; annual report.

(1) The Health Information Technology Board shall:

(a) Establish criteria for data collection and disbursement by the statewide health information exchange described in section 71-2455 and the prescription drug monitoring program created under section 71-2454 to improve the quality of information provided to clinicians;

(b) Evaluate and ensure that the statewide health information exchange is meeting technological standards for reporting of data for the prescription drug monitoring program, including the data to be collected and reported and the frequency of data collection and disbursement;

(c) Provide the governance oversight necessary to ensure that any health information in the statewide health information exchange and the prescription drug monitoring program may be accessed, used, or disclosed only in accordance with the privacy and security protections set forth in the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and regulations promulgated thereunder. All protected health information is privileged, is not a public record, and may be withheld from the public pursuant to section 84-712.05; and

(d) Provide recommendations to the statewide health information exchange on any other matters referred to the board.

(2) The board shall adopt policies and procedures necessary to carry out its duties.

(3) The authority of the board to direct the use or release of data under this section or section 71-2454 shall apply only to requests submitted to the board after September 1, 2021.

(4) The board may hold meetings by telecommunication or electronic communication subject to the Open Meetings Act. Any official action or vote of the members of the board shall be preserved in the records of the board.

(5) By November 15, 2021, and November 15 of each year thereafter, the board shall develop and submit an annual report to the Governor and the Health and Human Services Committee of the Legislature regarding considerations undertaken, decisions made, accomplishments, and other relevant information. The report submitted to the Legislature shall be submitted electronically.

Source:Laws 2020, LB1183, § 6;    Laws 2021, LB411, § 2.    


Cross References

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. Nebraska Broadband Office; office space; administrative and budgetary support; Department of Transportation; duties; technology infrastructure projects on state highway property; powers.

(1) The Department of Transportation shall furnish the Nebraska Broadband Office with necessary office space, furniture, equipment, and supplies along with administrative and budgetary support, including salaries for professional, technical, and clerical assistants, except as limited in subsection (2) of this section. The Department of Transportation and the Nebraska Broadband Office shall, whenever practicable, seek reimbursement of such costs from federal-aid funds to the extent such costs are eligible for reimbursement.

(2) Broadband installation, operation, or maintenance projects of the Nebraska Broadband Office shall not be funded by the Department of Transportation, except as provided in subsection (3) of this section. Such restriction shall not apply to any fund or appropriation of the Legislature that has been specifically designated for projects of the Nebraska Broadband Office.

(3) The Department of Transportation may use state highway funds for projects to install, operate, and maintain fiber optic, broadband, or other similar technology infrastructure on state highway property solely to meet the state's present and future transportation technology needs along the state highway system. The department is further authorized to enter into public-private partnerships or to use other alternative project delivery methods set out in the Transportation Innovation Act. The department is authorized to work with the Nebraska Broadband Office for such projects and to seek or solicit the use of eligible federal highway funds to pay some or all of the state's costs for such projects. Nothing in this subsection authorizes the department to own, operate, manage, construct, or maintain fiber optic, broadband, or other similar technology outside of state highway property.

Source:Laws 2023, LB683, § 3.    


Cross References

81-703. Department of Transportation Aeronautics Capital Improvement Fund; created; use; investment.

The Department of Transportation Aeronautics Capital Improvement Fund is created. The fund shall consist of money credited to the fund pursuant to section 77-27,132, transfers authorized by the Legislature, and any gifts, grants, bequests, or donations to the fund. The fund shall be administered by the Department of Transportation and shall be used to build, repair, renovate, rehabilitate, restore, modify, or improve any infrastructure at any public-use airport licensed by the Division of Aeronautics of the Department of Transportation. 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 2023, LB727, § 100.    


Cross References

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.    


81-828.01. Wildland Fire Response Act, how cited.

Sections 81-828.01 to 81-828.07 shall be known and may be cited as the Wildland Fire Response Act.

Source:Laws 2024, LB1300, § 20.    
Operative Date: July 19, 2024


81-828.02. Wildland Incident Response Assistance Team; created; administration; powers; emergency proclamation; assistance provided.

(1) The Wildland Incident Response Assistance Team is created and for administrative purposes is part of the office of the State Fire Marshal.

(2) The Wildland Incident Response Assistance Team may provide assistance or guidance to any individual who or entity that is attempting to prevent, control, suppress, or otherwise mitigate a wildland fire, as determined by the State Fire Marshal or his or her designee. Such assistance or guidance may be provided regardless of a state of emergency proclamation issued by the Governor relating to a wildland fire incident.

(3) Pursuant to the Emergency Management Act, the Adjutant General and the Nebraska Emergency Management Agency may provide assistance to the Wildland Incident Response Assistance Team following a state of emergency proclamation issued by the Governor relating to a wildland fire incident.

Source:Laws 2024, LB1300, § 21.    
Operative Date: July 19, 2024


Cross References

81-828.03. Coordinator; duties.

The State Fire Marshal shall serve as the coordinator of the Wildland Incident Response Assistance Team and shall:

(1) Establish squads within the team and select a squad leader and squad members for each squad. The State Fire Marshal may consult with the State Forester when establishing a squad, selecting a squad leader, or selecting a squad member. The State Fire Marshal is limited to selecting squad leaders and squad members from employees of the State Fire Marshal and employees of the Nebraska Forest Service;

(2) Maintain a roster of all individuals who are a part of the Wildland Incident Response Assistance Team; and

(3) Establish standards for the operation, training, equipment, and administration of the Wildland Incident Response Assistance Team. It is the intent of the Legislature that such standards should comply with the standards established by the National Wildfire Coordinating Group or its successor.

Source:Laws 2024, LB1300, § 22.    
Operative Date: July 19, 2024


81-828.04. Squad leader; squad member; employment; operations; responsibilities.

(1) A squad leader or squad member of the Wildland Incident Response Assistance Team shall have the powers, duties, rights, privileges, and immunities and receive the compensation incidental to employment of such leader or member by the State Fire Marshal or the Nebraska Forest Service.

(2) Each squad leader is responsible for the organization, administration, and operation of the squad to which the squad leader is assigned.

(3) While operating under the Wildland Incident Response Assistance Team, each squad leader and squad member are subject to the operational control of the State Fire Marshal.

(4) While operating under the Wildland Incident Response Assistance Team, each squad member assigned to a wildland fire incident is subject to the operational control of the squad leader assigned to such wildland fire incident.

Source:Laws 2024, LB1300, § 23.    
Operative Date: July 19, 2024


81-828.05. Squad leader; squad member; compensation; expenses.

(1) The office of the State Fire Marshal is responsible for paying the compensation of any squad leader or squad member who is an employee of the State Fire Marshal while such squad leader or squad member is assigned to a wildland fire incident, including any overtime worked by such squad leader or squad member.

(2) The Nebraska Forest Service is responsible for paying the compensation of any squad leader or squad member who is an employee of the Nebraska Forest Service while such squad leader or squad member is assigned to a wildland fire incident, including any overtime worked by such squad leader or squad member.

(3) Each squad leader and squad member shall be reimbursed as provided in sections 81-1174 to 81-1177 for expenses incurred as a result of being assigned to a wildland fire incident.

(4) The State Fire Marshal and the Nebraska Forest Service shall be responsible for requesting adequate appropriations each fiscal year to pay the expenses of any employee who is selected to be a squad leader or squad member of the Wildland Incident Response Assistance Team, including expenses predicted to be incurred pursuant to this section and section 81-828.06.

Source:Laws 2024, LB1300, § 24.    
Operative Date: July 19, 2024


81-828.06. Equipment; rental.

The Wildland Incident Response Assistance Team may rent equipment that is needed to respond to a wildland fire incident and shall pay a reasonable rental fee for the use of such equipment. The Wildland Incident Response Assistance Team is responsible for any loss or damage to the rented equipment caused due to the negligent use or misuse of such rented equipment by the Wildland Incident Response Assistance Team.

Source:Laws 2024, LB1300, § 25.    
Operative Date: July 19, 2024


81-828.07. Rules and regulations.

The State Fire Marshal may adopt and promulgate rules and regulations to carry out the Wildland Fire Response Act.

Source:Laws 2024, LB1300, § 26.    
Operative Date: July 19, 2024


81-829. Critical Infrastructure Utility Worker Protection Act; act, how cited.

Sections 81-829 to 81-829.04 shall be known and may be cited as the Critical Infrastructure Utility Worker Protection Act.

Source:Laws 2023, LB191, § 1.    


81-829.01. Terms, defined.

For purposes of the Critical Infrastructure Utility Worker Protection Act, unless the context otherwise requires:

(1) Civil defense emergency has the same meaning as in section 81-829.39;

(2) Critical infrastructure utility worker means an essential critical infrastructure worker identified in the Guidance on the Essential Critical Infrastructure Workforce, Version 4.1, as released on August 5, 2021, by the United States Department of Homeland Security Cybersecurity and Infrastructure Security Agency;

(3) Disaster has the same meaning as in section 81-829.39;

(4) Emergency has the same meaning as in section 81-829.39;

(5) Priority access means access at least equal to that provided to hospital and medical personnel, law enforcement personnel, or other emergency responders;

(6) Utility means any legal entity, including a political subdivision, that owns or operates a utility system, or any part thereof, in this state; and

(7) Utility system means the physical and cyber assets and infrastructure used in providing utility services to wholesale or retail customers. Utility system includes electrical, gas, water, steam, sewage, and telecommunications services.

Source:Laws 2023, LB191, § 2.    


81-829.02. Act, purposes.

The purposes of the Critical Infrastructure Utility Worker Protection Act are to:

(1) Provide for protection of critical infrastructure utility workers during any civil defense emergency, disaster, or emergency;

(2) Provide priority access to personal protective equipment; medical screening, testing, and preventative health services; medical treatment; and the administration of vaccines for critical infrastructure utility workers in the event of an emergency involving a severe threat to human health; and

(3) Authorize federal and state financial aid for critical infrastructure utility workers during any civil defense emergency, disaster, or emergency involving a severe threat to human health.

Source:Laws 2023, LB191, § 3.    


81-829.03. Utilities; critical infrastructure utility workers; list; confidential.

Utilities shall maintain a list of critical infrastructure utility workers by position description without listing individual names. The list shall not be deemed a public record subject to disclosure pursuant to sections 84-712 to 84-712.09, but shall be made available to the Nebraska Emergency Management Agency upon request. The list shall be kept confidential by the agency.

Source:Laws 2023, LB191, § 4.    


81-829.04. Critical infrastructure utility workers; civil defense emergency, disaster, or emergency; Governor, duties.

In the event of any civil defense emergency, disaster, or emergency involving a severe threat to human health, the Governor shall:

(1) Ensure that critical infrastructure utility workers are provided priority access to personal protective equipment, medical screening, testing, preventive health services, medical treatment, and the administration of vaccines approved by the federal Food and Drug Administration; and

(2) Take all necessary measures to provide available federal funding for the adequate protection and care of critical infrastructure utility workers in accordance with federal law and regulations regarding eligibility for such funding.

Source:Laws 2023, LB191, § 5.    


81-829.05. Chemical facility; legislative findings; security program; requirements.

(1) For purposes of this section:

(a) Chemical facility has the same meaning as in 6 C.F.R. 27.105;

(b) Federal agency means the Cybersecurity and Infrastructure Security Agency of the United States Department of Homeland Security;

(c) Federal standards means the federal Chemical Facility Anti-Terrorism Standards under 6 C.F.R. part 27, as such standards existed on July 1, 2023; and

(d) Program means the voluntary and publicly available chemical security program provided by the federal agency as an alternative to the federal standards.

(2) The Legislature finds that:

(a) The federal standards were created after the September 11, 2001, terrorist attacks to identify and regulate high-risk chemical facilities to ensure security measures are in place to reduce the risk of certain dangerous chemicals being weaponized by terrorists;

(b) The United States Congress allowed the statutory authority for continuing regulation of the federal standards to expire on July 27, 2023;

(c) With the expiration of such statutory authority and without reauthorization by Congress, the federal agency can no longer enforce compliance with the federal standards;

(d) The lack of enforcement means that chemical facilities will no longer be required to report their chemicals of interest, submit to inspections, provide compliance assistance, or implement any security plan or program; and

(e) The federal agency has encouraged chemical facilities to maintain security measures and offers a voluntary and publicly available alternative chemical security program that provides facilities that possess dangerous chemicals no-cost services and tools to identify risks and improve chemical security.

(3) Beginning on July 19, 2024, a chemical facility shall utilize the federal agency's program if such chemical facility was required on or before July 27, 2023, to have a chemical facility security program pursuant to 6 C.F.R. 27.200 et seq., as such regulations existed on such date.

(4) The Nebraska Emergency Management Agency and the Department of Environment and Energy shall publish the requirements of this section and post a link to the program on their agency websites.

(5) This section is preempted when the federal standards are in effect if Congress reauthorizes such federal standards.

Source:Laws 2024, LB1300, § 27.    
Operative Date: July 19, 2024


81-829.06. Nebraska Nonprofit Security Grant Program Act, how cited.

Sections 81-829.06 to 81-829.11 shall be known and may be cited as the Nebraska Nonprofit Security Grant Program Act.

Source:Laws 2024, LB1300, § 14.    
Operative Date: July 19, 2024


81-829.07. Terms, defined.

For purposes of the Nebraska Nonprofit Security Grant Program Act:

(1) Agency means the Nebraska Emergency Management Agency;

(2) Equipment means security equipment installed on real property, including any building or improvement, that is owned or leased by the nonprofit organization, including reinforced doors and gates, perimeter lighting, exterior and interior door locking systems, alarm systems, camera-based security systems, access-control systems, blast-resistant film for windows or shatter-resistant glass, lock-down systems, public-address systems, high-intensity lighting and alarms, and inspection and screening systems;

(3) Planning means those activities that are related to protecting a facility, the people within the facility, and the people with access to the facility and providing for their functional needs. The term includes developing and enhancing a nonprofit organization's security plans and protocols, emergency contingency plans, and evacuation or shelter-in-place plans and the materials that are required to conduct planning activities;

(4) Program means the Nebraska Nonprofit Security Grant Program created in section 81-829.08;

(5)(a) Qualified nonprofit organization means an organization that:

(i) Is exempt from federal income taxes under section 501(c)(3) of the Internal Revenue Code of 1986, including any nonprofit organization created exclusively for religious purposes;

(ii) Is at high risk of a terrorist attack or at risk for hate crimes or attacks because of the nonprofit organization's ideology, beliefs, or mission; and

(iii)(A) Has applied for a federal nonprofit security grant and has not received funding for the same year the applicant is applying for a state grant under the program;

(B) Has been unable to apply for a federal nonprofit security grant; or

(C) Has a documented barrier or hardship related to the application for a federal nonprofit security grant; and

(b) Qualified nonprofit organization does not include:

(i) A hospital as defined in section 71-419;

(ii) A rural emergency hospital as defined in section 71-428.01; or

(iii) An institution of postsecondary education;

(6) Security personnel includes personnel who are contracted with or employed by the nonprofit organization; and

(7) Training means training that addresses a specific security threat or vulnerability. The term includes:

(a) Attendance and travel fees for training the nonprofit organization's staff or members;

(b) Security training and exercises or drills, including active shooter and shelter-in-place training, for the nonprofit organization's staff, members, and visitors; and

(c) Training-related expenses, including supplies, materials, and training equipment.

Source:Laws 2024, LB1300, § 15.    
Operative Date: July 19, 2024


81-829.08. Nebraska Nonprofit Security Grant Program; created; administration; grant; application; purpose; issuance; working group.

(1) The Nebraska Nonprofit Security Grant Program is created. The program shall be administered by the Nebraska Emergency Management Agency.

(2) In order to receive a grant under the program, a qualified nonprofit organization shall submit an application to the agency on a form prescribed by the agency. The agency may accept an application submitted to the federal government for a federal nonprofit security grant instead of the state application prescribed by the agency.

(3) Grants may be issued to qualified nonprofit organizations to reimburse such organizations for the costs of target hardening and other safety and security projects intended to mitigate vulnerabilities identified in a vulnerability assessment completed by the qualified nonprofit organization or by a vendor with whom the qualified nonprofit organization has contracted, including projects involving:

(a) Planning;

(b) Equipment;

(c) Training; or

(d) Security personnel.

(4) The agency may prescribe requirements for vulnerability assessments and may allow other target hardening and safety and security projects to qualify for grant funding in addition to those activities described in subsection (3) of this section.

(5) The agency may begin issuing grants under the program on January 1, 2025.

(6) The agency shall establish a working group of stakeholders to review and evaluate applications. The working group shall make recommendations on funding decisions and shall provide such recommendations to the agency.

(7) The agency may award up to five hundred thousand dollars in grants per year. A qualified nonprofit organization shall not receive more than fifty thousand dollars in grants in any one year.

(8) A qualified nonprofit organization shall not be eligible for a grant under the program if:

(a) The qualified nonprofit organization applied for a grant under the program and received the full amount of its funding request in the previous year; or

(b) The qualified nonprofit organization received a federal nonprofit security grant within the previous five years.

Source:Laws 2024, LB1300, § 16.    
Operative Date: July 19, 2024


81-829.09. Grant funds; prohibited use.

A qualified nonprofit organization shall not use grant funds to purchase equipment for security personnel.

Source:Laws 2024, LB1300, § 17.    
Operative Date: July 19, 2024


81-829.10. Appropriations; legislative intent.

It is the intent of the Legislature to appropriate five hundred thousand dollars from the General Fund for each of fiscal years 2024-25 through 2028-29 to carry out the Nebraska Nonprofit Security Grant Program Act.

Source:Laws 2024, LB1300, § 18.    
Operative Date: July 19, 2024


81-829.11. Rules and regulations.

The agency may adopt and promulgate rules and regulations to carry out the Nebraska Nonprofit Security Grant Program Act.

Source:Laws 2024, LB1300, § 19.    
Operative Date: July 19, 2024


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. Beginning October 1, 2024, any investment earnings from investment of money in the fund shall be credited to the General Fund.

Transfers may be made from the Governor's Emergency Cash Fund to the Cash Reserve Fund and General Fund at the direction of the Legislature. The State Treasurer shall transfer zero dollars from the Governor's Emergency Cash Fund to the Cash Reserve Fund by June 30, 2023, 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 2003, LB 403, § 5;    Laws 2020, LB1009, § 6;    Laws 2022, LB1012, § 13;    Laws 2024, First Spec. Sess., LB3, § 32.    
Effective Date: August 21, 2024


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.    


Cross References

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;