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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1083
Introduced by Storer, 43; Bosn, 25.
Read first time January 15, 2026
Committee: Banking, Commerce and Insurance
A BILL FOR AN ACT relating to consumer protection; to amend section1
84-712.05, Reissue Revised Statutes of Nebraska; to adopt the2
Transparency in Artificial Intelligence Risk Management Act; to3
create a fund; to change provisions relating to records which may be4
withheld from the public; to provide an operative date; to provide5
severability; and to repeal the original section.6
Be it enacted by the people of the State of Nebraska,7
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Section 1. Sections 1 to 9 of this act shall be known and may be1
cited as the Transparency in Artificial Intelligence Risk Management Act.2
Sec. 2. The Legislature finds and declares: 3
(1) Artificial intelligence has great potential to vastly improve4
the lives of all Nebraskans by accelerating our economic growth and5
contributing to scientific research; 6
(2) Experts within the artificial intelligence industry have warned7
that artificial intelligence could pose grave and catastrophic risks, and8
the State of Nebraska has a strong interest in understanding how the9
largest artificial intelligence companies are assessing and mitigating10
such risks; 11
(3) Recent events have illuminated the potential for artificial-12
intelligence systems to pose serious risks to minors interacting with13
such systems; and 14
(4) It is the intent of the Legislature to create more transparency15
around artificial intelligence, but collective safety will depend in part16
on large frontier developers taking due care proportional to the scale of17
the foreseeable risks. 18
Sec. 3. For purposes of the Transparency in Artificial Intelligence19
Risk Management Act: 20
(1) Affiliate means a person controlling, controlled by, or under21
common control with, a specified person, directly or indirectly, through22
one or more intermediaries; 23
(2) Artificial intelligence model means an engineered or machine-24
based system that varies in its level of autonomy and that can, for25
explicit or implicit objectives, infer from the input it receives how to26
generate outputs that can influence physical or virtual environments;27
(3)(a) Catastrophic risk means a foreseeable and material risk that28
a frontier developer's development, storage, use, or deployment of a29
frontier model will materially contribute to the death of, or serious30
injury to, more than fifty people or more than one billion dollars in31
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damage to, or loss of, property arising from a single incident involving1
a frontier model doing any of the following: 2
(i) Providing expert-level assistance in the creation or release of3
a chemical, biological, radiological, or nuclear weapon;4
(ii) Engaging in conduct with no meaningful human oversight,5
intervention, or supervision that is either a cyberattack or, if the6
conduct had been committed by a human, would constitute the crime of7
murder, assault, extortion, or theft, including theft by deception; or8
(iii) Evading the control of its frontier developer or user.9
(b) Catastrophic risk does not include a foreseeable and material10
risk from any of the following: 11
(i) Information that a frontier model outputs if the information is12
otherwise publicly accessible in a substantially similar form from a13
source other than a foundation model; 14
(ii) Lawful activity of the federal government; or15
(iii) Harm caused by a frontier model in combination with other16
software if the frontier model did not materially contribute to the harm;17
(4) Child safety incident means a covered chatbot engaging in18
behavior when interacting with a minor that, if it had been engaged in by19
a human, would be deemed to intentionally or recklessly cause death or20
bodily injury to such minor or damage the mental health of such minor in21
a way that constitutes severe emotional distress; 22
(5) Child safety risk means a material and foreseeable risk that a23
covered chatbot will engage in behavior when interacting with a minor24
that, if it had been engaged in by a human, would be deemed to25
intentionally or recklessly do any of the following:26
(a) Cause death or bodily injury to such minor, including as a27
result of self-harm; or 28
(b) Cause damage to the mental health of such minor that constitutes29
severe emotional distress; 30
(6) Covered chatbot means a service that: 31
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(a) Allows an ordinary person to have conversations in which human-1
like responses are generated by a foundation model;2
(b) Is foreseeably likely to be accessed by minors; and3
(c) Has at least one million active users monthly;4
(7) Covered risk means a catastrophic risk or a child safety risk;5
(8) Critical safety incident means any of the following:6
(a) Unauthorized access to, modification of, inadvertent release of,7
or exfiltration of, the model weights of a frontier model;8
(b) The death of, or serious injury to, more than fifty people, or9
more than one billion dollars in damage to, or loss of, property10
resulting from the materialization of a catastrophic risk;11
(c) Loss of control of a frontier model that causes death, bodily12
injury, or that demonstrates materially increased catastrophic risk; or13
(d) A frontier model that uses deceptive techniques against the14
frontier developer to subvert the controls or monitoring of its frontier15
developer outside of the context of an evaluation designed to elicit this16
behavior and in a manner that demonstrates materially increased17
catastrophic risk; 18
(9)(a) Deploy means to make a frontier model available to a third19
party for use, modification, copying, or combination with other software.20
(b) Deploy does not include making a frontier model available to a21
third party for the primary purpose of developing or evaluating the22
frontier model; 23
(10) Foundation model means an artificial intelligence model that is24
all of the following: 25
(a) Trained on a broad data set; 26
(b) Designed for generality of output; and 27
(c) Adaptable to a wide range of distinctive tasks;28
(11) Frontier developer means a person who has trained, or initiated29
the training of, a frontier model, with respect to which the person has30
used, or intends to use, at least as much computing power to train the31
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frontier model as would meet the technical specifications found in1
subdivision (12) of this section, except as otherwise provided by rules2
and regulations adopted and promulgated pursuant to section 6 of this3
act. Accredited postsecondary educational institutions shall not be4
considered frontier developers under the act to the extent that such5
institutions are developing or using frontier models exclusively for6
academic research purposes. If a person subsequently transfers full7
intellectual property rights of a frontier model to another person,8
including the right to resell the model, and retains none of those rights9
for themself, then the receiving person shall be considered the frontier10
developer with respect to that frontier model on and after such transfer;11
(12) Frontier model means a foundation model that was trained using12
a quantity of computing power greater than 10^26 integer or floating-13
point operations, except as otherwise provided by rules and regulations14
adopted and promulgated pursuant to section 6 of this act. The quantity15
of computing power described in this subdivision shall include computing16
for the original training run and for any subsequent fine-tuning,17
reinforcement learning, or other material modifications the developer18
applies to a preceding foundation model; 19
(13) Large chatbot provider means a person who makes a covered20
chatbot available in this state and who, together with its affiliates,21
collectively had an annual revenue in the preceding calendar year of22
twenty-five million dollars or more, except as otherwise specified by23
rules and regulations adopted and promulgated pursuant to section 6 of24
this act. 25
(14) Large frontier developer means, unless otherwise provided by26
rules and regulations adopted and promulgated pursuant to section 6 of27
this act, a frontier developer who together with its affiliates had a28
collective annual revenue in the preceding calender year of five hundred29
million dollars or more; 30
(15) Minor means an individual younger than eighteen years of age;31
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(16) Model weight means a numerical parameter in a frontier model1
that is adjusted through training and that helps determine how inputs are2
transformed into outputs; 3
(17) Property means tangible or intangible property;4
(18) Public safety and child protection plan means a documented5
technical and organizational protocol to manage, assess, and mitigate6
covered risks; and 7
(19) Safety incident means a child safety incident or a critical8
safety incident. 9
Sec. 4. (1) A large frontier developer or large chatbot provider10
shall write, implement, comply with, and clearly and conspicuously11
publish on its website a public safety and child protection plan that12
describes in detail: 13
(a) For a large frontier developer, how the large frontier14
developer: 15
(i) Defines and assesses thresholds used by the large frontier16
developer to identify and assess whether a frontier model has17
capabilities that could pose a catastrophic risk, which may include18
multiple-tiered thresholds; 19
(ii) Applies mitigations to address the potential for catastrophic20
risks based on the results of the assessments undertaken pursuant to21
subdivision (1)(a)(i) of this section; 22
(iii) Reviews assessments of catastrophic risk and adequacy of23
mitigations of catastrophic risk as part of the decision to deploy a24
frontier model or use it extensively internally; 25
(iv) Uses third parties to assess the potential for catastrophic26
risks and the effectiveness of mitigations of catastrophic risks;27
(v) Implements cybersecurity practices to secure unreleased frontier28
model weights from unauthorized modification or transfer by internal or29
external parties; and 30
(vi) Assesses and manages catastrophic risk resulting from the31
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internal use of its frontier models, including risks resulting from a1
frontier model circumventing oversight mechanisms; 2
(b) For a large chatbot provider, how the large chatbot provider:3
(i) Assesses potential for child safety risks.4
(ii) Applies mitigations to address the potential for child safety5
risks based on the results of the assessments undertaken pursuant to6
subdivision (1)(b)(i) of this section; and 7
(iii) Uses third parties to assess the potential for child safety8
risks and the effectiveness of mitigations of child safety risks; and9
(c) For both large frontier developers and large chatbot providers,10
how the large frontier developer or large chatbot provider:11
(i) Incorporates national standards, international standards, and12
industry-consensus best practices into its public safety and child13
protection plan; 14
(ii) Revisits and updates the public safety and child protection15
plan, including any criteria that trigger updates and how such developer16
or provider determines when its foundation models or frontier models are17
substantially modified enough to require disclosures pursuant to18
subsection (3) or subsection (4) of this section; 19
(iii) Identifies and responds to safety incidents; and20
(iv) Institutes internal governance practices to ensure21
implementation of its public safety and child protection plan.22
(2) If a large frontier developer or large chatbot provider makes a23
material modification to its public safety and child protection plan, the24
large frontier developer or large chatbot provider shall clearly and25
conspicuously publish on such developer's or provider's website the26
modified public safety and child protection plan and a justification for27
such modification within thirty days after such material modification.28
(3) Before, or concurrently with, integrating a new foundation29
model, or a version of an existing foundation model that has been30
substantially modified, into a covered chatbot operated by the large31
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chatbot provider, a large chatbot provider shall conspicuously publish on1
its website summaries of all of the following: 2
(i) Assessments of child safety risks conducted pursuant to the3
large chatbot provider's public safety and child protection plan;4
(ii) The results of such assessments; 5
(iii) The extent to which third-party evaluators were involved in6
such assessments; and 7
(iv) Other steps taken to fulfill the requirements of the public8
safety and child protection plan with respect to child safety risks.9
(4)(a) Before, or concurrently with, deploying a new frontier model10
or a version of an existing frontier model that the large frontier11
developer has substantially modified, a large frontier developer shall12
conspicuously publish on its website summaries of all of the following:13
(i) Assessments of catastrophic risks from the frontier model14
conducted pursuant to the large frontier developer's public safety and15
child protection plan; 16
(ii) The results of such assessments; 17
(iii) The extent to which third-party evaluators were involved in18
such assessments; and 19
(iv) Other steps taken to fulfill the requirements of the public20
safety and child protection plan with respect to catastrophic risks from21
the frontier model. 22
(b) A large frontier developer that publishes the information23
described in subdivision (5)(a) of this section as part of a larger24
document, including a system card or model card, shall be deemed in25
compliance with this subsection. 26
(5)(a)(i) A large frontier developer or large chatbot provider shall27
not make a materially false or misleading statement or omission about28
covered risks from its activities or its management of covered risks.29
(ii) A large frontier developer or large chatbot provider shall not30
make a materially false or misleading statement or omission about its31
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implementation of, or compliance with, its public safety and child1
protection plan. 2
(b) Subdivision (5)(a) of this section does not apply to a statement3
that was made in good faith and was reasonable under the circumstances.4
(6)(a) When a large frontier developer or large chatbot provider5
publishes documents to comply with this section, the large frontier6
developer or large chatbot provider may make redactions to those7
documents that are necessary to protect the large frontier developer's8
trade secrets, the large frontier developer's or large chatbot provider's9
cybersecurity, public safety, or the national security of the United10
States or to comply with any federal or state law.11
(b) If a large frontier developer or large chatbot provider redacts12
information in a document pursuant to subdivision (6)(a) of this section,13
the large frontier developer or large chatbot provider shall describe the14
character and justification of the redaction in any published version of15
the document to the extent permitted by the concerns that justify16
redaction and shall retain the unredacted information for five years.17
Sec. 5. (1) The Attorney General shall establish a mechanism to be18
used by a frontier developer, a large chatbot provider, or a member of19
the public to report a safety incident that includes all of the20
following: 21
(a) The date of the safety incident; 22
(b) The reasons the incident qualifies as a safety incident; and23
(c) A short and plain statement describing the safety incident.24
(2) A frontier developer shall report any critical safety incident25
pertaining to one of its frontier models to the Attorney General within26
fifteen days after discovering the critical safety incident.27
(3) If a frontier developer discovers that a critical safety28
incident poses an imminent risk of death or serious physical injury, the29
frontier developer shall disclose that incident within twenty-four hours30
to an authority, including any law enforcement agency or public safety31
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agency with jurisdiction, that is appropriate based on the nature of that1
incident and as required by law. 2
(4) A large chatbot provider shall report any child safety incident3
pertaining to one of its covered chatbots to the Attorney General within4
fifteen days after discovering the child safety incident.5
(5) The Attorney General shall establish a mechanism to be used by a6
large frontier developer to confidentially submit summaries of any7
assessments of the potential for catastrophic risk resulting from8
internal use of its frontier models. 9
(6) A large frontier developer shall transmit to the Attorney10
General a summary of any assessment of catastrophic risk resulting from11
internal use of its frontier models no less frequently than every three12
months. 13
(7)(a) The Attorney General may transmit reports of safety14
incidents, summaries of assessments of the potential for catastrophic15
risk from internal use, and reports from employees made pursuant to16
section 6 of this act to the Legislature, the Governor, the federal17
government, or appropriate state agencies. 18
(b) The Attorney General shall strongly consider any risks related19
to trade secrets, public safety, cybersecurity of a frontier developer or20
large chatbot provider, or national security when transmitting reports.21
(8) The Attorney General may adopt and promulgate rules and22
regulations designating one or more federal laws, regulations, or23
guidance documents that meet all of the following conditions for the24
purposes of subsection (9) of this section: 25
(a) The law, regulation, or guidance document imposes or states26
standards or requirements for safety incident reporting that are27
substantially equivalent to, or stricter than, those required by this28
section for critical safety incidents, child safety incidents, or both. A29
law, regulation, or guidance document may satisfy this subdivision even30
if it does not require safety incident reporting to the State of31
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Nebraska; and 1
(b) The law, regulation, or guidance document is intended to assess,2
detect, or mitigate catastrophic risk, child safety risk, or both.3
(9)(a) A frontier developer or large chatbot provider that intends4
to comply with all or part of this section by complying with the5
requirements of, or meeting the standards stated by, a federal law,6
regulation, or guidance document designated pursuant to subsection (8) of7
this section by the Attorney General shall declare its intent to do so to8
the Attorney General. 9
(b) After a frontier developer or large chatbot provider has10
declared its intent pursuant to subdivision (9)(a) of this section, the11
following shall apply: 12
(i) To the extent that such developer or provider meets the13
standards of, or complies with the requirements imposed or stated by, the14
designated federal law, regulation, or guidance document, such developer15
or provider shall be deemed in compliance with the obligations under this16
section pertaining to: 17
(A) Critical safety incidents, if such designated law, regulation,18
or document is intended to assess, detect, or mitigate catastrophic risk;19
and 20
(B) Child safety incidents, if such designated law, regulation, or21
document is intended to assess, detect, or mitigate child safety risk;22
and 23
(ii) The failure by such developer or provider to meet the standards24
of, or comply with the requirements stated by, such designated law,25
regulation, or document, shall be considered a violation of the26
Transparency in Artificial Intelligence Risk Management Act.27
(c) Subdivision (9)(b) of this section shall not apply to a frontier28
developer or large chatbot provider to the extent that:29
(i) Such developer or provider makes a declaration of intent to the30
Attorney General to modify or revoke a declaration of intent under31
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subdivision (9)(a) of this section; or 1
(ii) The Attorney General revokes a rule or regulation pursuant to2
subsection (10) of this section. 3
(10) The Attorney General shall revoke a rule or regulation adopted4
under or promulgated under subsection (8) of this section if the5
requirements of subsection (8) are no longer met. 6
Sec. 6. (1) On or before January 1, 2027, and annually thereafter,7
the Attorney General shall assess recent evidence and developments8
relevant to the purposes of the Transparency in Artificial Intelligence9
Risk Management Act and may adopt and promulgate rules and regulations to10
update definitions for any of the following terms for the purposes of the11
act to ensure that such definitions accurately reflect technological12
developments, scientific literature, and widely accepted national and13
international standards: 14
(a) Frontier model, so that such definition applies to foundation15
models at the frontier of artificial intelligence development;16
(b) Frontier developer, so that such definition applies to17
developers of frontier models who are themselves at the frontier of18
artificial intelligence development; 19
(c) Large frontier developer so that such definition applies to20
well-resourced frontier developers; and 21
(d) Large chatbot provider so that such definition applies to well-22
resourced companies developing covered chatbots that may pose child23
safety risks. 24
(2) In adopting and promulgating rules and regulations pursuant to25
this section, the Attorney General shall take into account all of the26
following: 27
(a) Similar thresholds used in international standards or federal28
law, guidance, or regulations for the management of catastrophic risks or29
child safety risks. The Attorney General shall align any updated30
definition with a definition adopted in a federal law or regulation to31
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the extent that it is consistent with the purposes of the Transparency in1
Artificial Intelligence Risk Management Act; 2
(b) Input from stakeholders, such as academic and technology3
industry professionals, the open-source community, and governmental4
entities; 5
(c) The extent to which a person will be able to determine, before6
beginning to train or deploy a foundation model, whether that person will7
be subject to the definition as a frontier developer or as a large8
frontier developer with an aim toward allowing earlier determinations if9
possible; 10
(d) The complexity of determining whether a person or foundation11
model is covered, with an aim toward allowing simpler determinations if12
possible; 13
(e) The external verifiability of determining whether a person or14
foundation model is covered, with an aim toward definitions that are15
verifiable by parties other than the frontier developer; and16
(f) Thresholds used by other states in similar laws.17
Sec. 7. (1) For purposes of this section: 18
(a) Adverse action means the discharge of an employee, a threat19
against an employee, or any other act against an employee that negatively20
affects the employee's employment; 21
(b) Applicant means a prospective employee applying for employment;22
and 23
(c) Employee means an individual employed by a large frontier24
developer or large chatbot provider. 25
(2) A frontier developer or large chatbot provider shall not take26
adverse action against or otherwise penalize an employee for disclosing27
information to the Attorney General, a federal authority, a person with28
authority over the employee, or another employee who has authority to29
investigate, discover, or correct the reported issue, if the employee has30
reasonable cause to believe that the information discloses either of the31
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following: 1
(a) The frontier developer's or large chatbot provider's activities2
pose a specific and substantial danger to the public health or safety or3
to the health or safety of a minor; or 4
(b) The frontier developer or large chatbot provider has violated5
the Transparency in Artificial Intelligence Risk Management Act.6
(3) A frontier developer or large chatbot provider shall not require7
an employee or applicant to waive or limit any protection granted under8
this section as a condition of continued employment or of applying for or9
receiving an offer of employment. Any agreement to waive any right or10
protection under the act is against the public policy of this state and11
is void and unenforceable. 12
(4) A frontier developer or large chatbot provider shall not13
retaliate, discriminate or take adverse action against an employee or14
applicant because the employee or applicant testifies, assists, or15
participates in an investigation, proceeding, or action concerning a16
violation of the Transparency in Artificial Intelligence Risk Management17
Act. 18
(5)(a) A large frontier developer shall provide a reasonable19
internal process through which an employee may anonymously disclose20
information to the large frontier developer if the employee believes in21
good faith that the information indicates that the large frontier22
developer's activities (i) pose a specific and substantial threat to the23
public health or safety or to the health or safety of a minor or (b) that24
the large frontier developer or large chatbot provider has violated the25
Transparency in Artificial Intelligence Risk Management Act. Such26
internal process shall include providing a monthly update to the person27
who made the disclosure regarding the status of the large frontier28
developer's investigation of the disclosure and the actions taken by the29
large frontier developer in response to the disclosure. Except as30
provided in subdivision (ii) of this subsection, the disclosures and31
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responses of the process required by this subdivision shall be shared1
with officers and directors of the large frontier developer at least once2
each quarter. 3
(b) If an employee has alleged wrongdoing by an officer or director4
of the large frontier developer in a disclosure or response, subdivision5
(a) of this subsection shall not apply with respect to that officer or6
director. 7
(6) Upon violation of this section, an aggrieved employee or8
applicant may, in addition to any other available remedy, institute a9
civil action within one year after the date of the alleged violation or10
the discovery of the alleged violation, whichever is later. The employee11
or applicant shall file an action directly in the district court of the12
county where such alleged violation occurred. The district court shall13
file and try such case as any other civil action, and any successful14
complainant shall be entitled to appropriate relief, including temporary15
or permanent injunctive relief, general and special damages, and16
reasonable attorney's fees and court costs. 17
Sec. 8. (1) The Attorney General may bring an action to enforce the18
Transparency in Artificial Intelligence Risk Management Act. A large19
frontier developer that violates the act shall be subject to a civil20
penalty in an amount dependent upon the severity of the violation that21
does not exceed one million dollars per violation. A large chatbot22
provider that violates the act shall be subject to a civil penalty in an23
amount dependent upon the severity of the violation that does not exceed24
fifty thousand dollars per violation. 25
(2) Any penalties collected under this section shall be remitted to26
the State Treasurer for distribution in accordance with Article VII,27
section 5, of the Constitution of Nebraska. 28
Sec. 9. The duties and obligations imposed by the Transparency in29
Artificial Intelligence Risk Management Act are cumulative with any other30
duties or obligations imposed under other law and shall not be construed31
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to relieve any party from any duties or obligations imposed under another1
law and do not limit any rights or remedies under existing law.2
Sec. 10. The Juvenile Mental Health Support Fund is created. The3
fund shall be administered by the Department of Health and Human Services4
and shall be used for the programming and facilities associated with5
providing juvenile mental health services. Any money in the fund6
available for investment shall be invested by the state investment7
officer pursuant to the Nebraska Capital Expansion Act and the Nebraska8
State Funds Investment Act. 9
Sec. 11. Section 84-712.05, Reissue Revised Statutes of Nebraska, is10
amended to read: 11
84-712.05 The following records, unless publicly disclosed in an12
open court, open administrative proceeding, or open meeting or disclosed13
by a public entity pursuant to its duties, may be withheld from the14
public by the lawful custodian of the records: 15
(1) Personal information in records regarding a student, prospective16
student, or former student of any educational institution or exempt17
school that has effectuated an election not to meet state approval or18
accreditation requirements pursuant to section 79-1601 when such records19
are maintained by and in the possession of a public entity, other than20
routine directory information specified and made public consistent with21
20 U.S.C. 1232g, as such section existed on February 1, 2013, and22
regulations adopted thereunder; 23
(2) Medical records, other than records of births and deaths and24
except as provided in subdivisions (5) and (27) of this section, in any25
form concerning any person; records of elections filed under section26
44-2821; and patient safety work product under the Patient Safety27
Improvement Act; 28
(3) Trade secrets, academic and scientific research work which is in29
progress and unpublished, and other proprietary or commercial information30
which if released would give advantage to business competitors and serve31
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no public purpose; 1
(4) Records which represent the work product of an attorney and the2
public body involved which are related to preparation for litigation,3
labor negotiations, or claims made by or against the public body or which4
are confidential communications as defined in section 27-503;5
(5) Records developed or received by law enforcement agencies and6
other public bodies charged with duties of investigation or examination7
of persons, institutions, or businesses, when the records constitute a8
part of the examination, investigation, intelligence information,9
complaints or inquiries from residents of this state or other interested10
persons, informant identification, or strategic or tactical information11
used in law enforcement training, except that this subdivision shall not12
apply to records so developed or received: 13
(a) Relating to the presence of and amount or concentration of14
alcohol or drugs in any body fluid of any person; or15
(b) Relating to the cause of or circumstances surrounding the death16
of an employee arising from or related to his or her employment if, after17
an investigation is concluded, a family member of the deceased employee18
makes a request for access to or copies of such records. This subdivision19
does not require access to or copies of informant identification, the20
names or identifying information of members of the public making21
complaints or inquiries, other information which would compromise an22
ongoing criminal investigation, or information which may be withheld from23
the public under another provision of law. For purposes of this24
subdivision, family member means a spouse, child, parent, sibling,25
grandchild, or grandparent by blood, marriage, or adoption;26
(6) The identity and personal identifying information of an alleged27
victim of sexual assault or sex trafficking as provided in section28
29-4316; 29
(7) Appraisals or appraisal information and negotiation records30
concerning the purchase or sale, by a public body, of any interest in31
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real or personal property, prior to completion of the purchase or sale;1
(8) Personal information in records regarding personnel of public2
bodies other than salaries and routine directory information;3
(9) Information solely pertaining to protection of the security of4
public property and persons on or within public property, such as5
specific, unique vulnerability assessments or specific, unique response6
plans, either of which is intended to prevent or mitigate criminal acts7
the public disclosure of which would create a substantial likelihood of8
endangering public safety or property; computer or communications network9
schema, passwords, and user identification names; guard schedules; lock10
combinations; or public utility infrastructure specifications or design11
drawings the public disclosure of which would create a substantial12
likelihood of endangering public safety or property, unless otherwise13
provided by state or federal law; 14
(10) Information that relates details of physical and cyber assets15
of critical energy infrastructure or critical electric infrastructure,16
including (a) specific engineering, vulnerability, or detailed design17
information about proposed or existing critical energy infrastructure or18
critical electric infrastructure that (i) relates details about the19
production, generation, transportation, transmission, or distribution of20
energy, (ii) could be useful to a person in planning an attack on such21
critical infrastructure, and (iii) does not simply give the general22
location of the critical infrastructure and (b) the identity of personnel23
whose primary job function makes such personnel responsible for (i)24
providing or granting individuals access to physical or cyber assets or25
(ii) operating and maintaining physical or cyber assets, if a reasonable26
person, knowledgeable of the electric utility or energy industry, would27
conclude that the public disclosure of such identity could create a28
substantial likelihood of risk to such physical or cyber assets.29
Subdivision (10)(b) of this section shall not apply to the identity of a30
chief executive officer, general manager, vice president, or board member31
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of a public entity that manages critical energy infrastructure or1
critical electric infrastructure. The lawful custodian of the records2
must provide a detailed job description for any personnel whose identity3
is withheld pursuant to subdivision (10)(b) of this section. For purposes4
of subdivision (10) of this section, critical energy infrastructure and5
critical electric infrastructure mean existing and proposed systems and6
assets, including a system or asset of the bulk-power system, whether7
physical or virtual, the incapacity or destruction of which would8
negatively affect security, economic security, public health or safety,9
or any combination of such matters; 10
(11) The security standards, procedures, policies, plans,11
specifications, diagrams, access lists, and other security-related12
records of the Lottery Division of the Department of Revenue and those13
persons or entities with which the division has entered into contractual14
relationships. Nothing in this subdivision shall allow the division to15
withhold from the public any information relating to:16
(a) Amounts paid persons or entities with which the division has17
entered into contractual relationships; 18
(b) Amounts of prizes paid; or 19
(c) The name of any prize winner awarded a prize of less than two20
hundred fifty thousand dollars, and the city, village, or county where21
the prize winner resides; 22
(12) With respect to public utilities and except as provided in23
sections 43-512.06 and 70-101, personally identified private customer24
account payment and customer use information, credit information on25
others supplied in confidence, and customer lists;26
(13) Records or portions of records kept by a publicly funded27
library which, when examined with or without other records, reveal the28
identity of any library patron using the library's materials or services;29
(14) Correspondence, memoranda, and records of telephone calls30
related to the performance of duties by a member of the Legislature in31
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whatever form. The lawful custodian of the correspondence, memoranda, and1
records of telephone calls, upon approval of the Executive Board of the2
Legislative Council, shall release the correspondence, memoranda, and3
records of telephone calls which are not designated as sensitive or4
confidential in nature to any person performing an audit of the5
Legislature. A member's correspondence, memoranda, and records of6
confidential telephone calls related to the performance of his or her7
legislative duties shall only be released to any other person with the8
explicit approval of the member; 9
(15) Records or portions of records kept by public bodies which10
would reveal the location, character, or ownership of any known11
archaeological, historical, or paleontological site in Nebraska when12
necessary to protect the site from a reasonably held fear of theft,13
vandalism, or trespass. This section shall not apply to the release of14
information for the purpose of scholarly research, examination by other15
public bodies for the protection of the resource or by recognized tribes,16
the Unmarked Human Burial Sites and Skeletal Remains Protection Act, or17
the federal Native American Graves Protection and Repatriation Act;18
(16) Records or portions of records kept by public bodies which19
maintain collections of archaeological, historical, or paleontological20
significance which reveal the names and addresses of donors of such21
articles of archaeological, historical, or paleontological significance22
unless the donor approves disclosure, except as the records or portions23
thereof may be needed to carry out the purposes of the Unmarked Human24
Burial Sites and Skeletal Remains Protection Act or the federal Native25
American Graves Protection and Repatriation Act; 26
(17) Library, archive, and museum materials acquired from27
nongovernmental entities and preserved solely for reference, research, or28
exhibition purposes, for the duration specified in subdivision (17)(b) of29
this section, if: 30
(a) Such materials are received by the public custodian as a gift,31
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purchase, bequest, or transfer; and 1
(b) The donor, seller, testator, or transferor conditions such gift,2
purchase, bequest, or transfer on the materials being kept confidential3
for a specified period of time; 4
(18) Job application materials submitted by applicants, other than5
finalists or a priority candidate for a position described in section6
85-106.06 selected using the enhanced public scrutiny process in section7
85-106.06, who have applied for employment by any public body as defined8
in section 84-1409. For purposes of this subdivision, (a) job application9
materials means employment applications, resumes, reference letters, and10
school transcripts and (b) finalist means any applicant who is not an11
applicant for a position described in section 85-106.06 and (i) who12
reaches the final pool of applicants, numbering four or more, from which13
the successful applicant is to be selected, (ii) who is an original14
applicant when the final pool of applicants numbers less than four, or15
(iii) who is an original applicant and there are four or fewer original16
applicants; 17
(19)(a) Records obtained by the Public Employees Retirement Board18
pursuant to section 84-1512 and (b) records maintained by the board of19
education of a Class V school district and obtained by the board of20
trustees or the Public Employees Retirement Board for the administration21
of a retirement system provided for under the Class V School Employees22
Retirement Act pursuant to section 79-989; 23
(20) Social security numbers; credit card, charge card, or debit24
card numbers and expiration dates; and financial account numbers supplied25
to state and local governments; 26
(21) Information exchanged between a jurisdictional utility and city27
pursuant to section 66-1867; 28
(22) Draft records obtained by the Nebraska Retirement Systems29
Committee of the Legislature and the Governor from Nebraska Public30
Employees Retirement Systems pursuant to subsection (4) of section31
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84-1503; 1
(23) All prescription drug information submitted pursuant to section2
71-2454, all data contained in the prescription drug monitoring system,3
and any report obtained from data contained in the prescription drug4
monitoring system; 5
(24) Information obtained by any government entity, whether federal,6
state, county, or local, regarding firearm registration, possession,7
sale, or use that is obtained for purposes of an application permitted or8
required by law or contained in a permit or license issued by such9
entity. Such information shall be available upon request to any federal,10
state, county, or local law enforcement agency; 11
(25) The security standards, procedures, policies, plans,12
specifications, diagrams, and access lists and other security-related13
records of the State Racing and Gaming Commission, those persons or14
entities with which the commission has entered into contractual15
relationships, and the names of any individuals placed on the list of16
self-excluded persons with the commission as provided in section 9-1118.17
Nothing in this subdivision shall allow the commission to withhold from18
the public any information relating to the amount paid any person or19
entity with which the commission has entered into a contractual20
relationship, the amount of any prize paid, the name of the prize winner,21
and the city, village, or county where the prize winner resides;22
(26) Records relating to the nature, location, or function of23
cybersecurity by the State of Nebraska or any of its political24
subdivisions or any other public entity subject to sections 84-712 to25
84-712.09, including, but not limited to, devices, programs, or systems26
designed to protect computer, information technology, or communications27
systems against terrorist or other attacks. The Nebraska Information28
Technology Commission shall adopt and promulgate rules and regulations to29
implement this subdivision; 30
(27) Vital event records, unless all information designated as31
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confidential under the Vital Statistics Act or all personally1
identifiable information is redacted by the Department of Health and2
Human Services; 3
(28) Information or records from historical indexes within one4
hundred years after the event date of the information or record; and5
(29) The certificate number for any vital event certificate; and .6
(30) A notification or summary of assessment submitted under section7
5 of this act or a disclosure made pursuant to section 7 of this act.8
Sec. 12. This act becomes operative on January 1, 2027.9
Sec. 13. If any section in this act or any part of any section is10
declared invalid or unconstitutional, the declaration shall not affect11
the validity or constitutionality of the remaining portions.12
Sec. 14. Original section 84-712.05, Reissue Revised Statutes of13
Nebraska, is repealed. 14
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