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LEGISLATIVE BILL 1237
Became law April 17, 2026, without approval of the Governor.
Introduced by Executive Board: Hansen, 16, Chairperson; Arch, 14; Ballard, 21;
Bostar, 29; Clements, 2; Dorn, 30; Fredrickson, 20; Ibach, 44;
Jacobson, 42; McKinney, 11; Cavanaugh, J., 9.
A BILL FOR AN ACT relating to the State Capitol; to amend section 28-1202.01,
Revised Statutes Cumulative Supplement, 2024, and sections 28-101 and
81-1108.15, Revised Statutes Supplement, 2025; to prohibit certain weapons
and prohibited substances from being brought into the State Capitol as
prescribed; to provide for the carrying of concealed handguns in the State
Capitol as prescribed; to define terms; to provide a duty to the Nebraska
State Patrol; to harmonize provisions; and to repeal the original
sections.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 28-101, Revised Statutes Supplement, 2025, is amended
to read:
28-101 Sections 28-101 to 28-1357, 28-1601 to 28-1603, and 28-1701 and
section 2 of this act shall be known and may be cited as the Nebraska Criminal
Code.
Sec. 2. (1) For purposes of this section the definitions in section
28-1201 and the following definitions apply:
(a) Prohibited substance means explosive, incendiary, or other combustible
devices; hazardous materials; or paint or spray paint; and
(b) Weapon means any:
(i) Firearm; or
(ii) Knife with a blade over three and one-half inches in length and
which, in the manner it is used or intended to be used, is capable of producing
death or serious bodily injury.
(2) Except as provided in subsection (3) of this section, a person shall
not knowingly enter or attempt to enter the State Capitol while in possession
of a weapon or prohibited substance.
(3) This section does not apply to:
(a) A person who has received prior approval from the Nebraska State
Patrol;
(b) The possession of a weapon by a law enforcement officer, as defined in
section 81-1401, who is acting in the course of his or her official duties;
(c) The carrying of a concealed handgun by a qualified law enforcement
officer or qualified retired law enforcement officer pursuant to 18 U.S.C. 926B
or 926C, respectively, as such sections existed on January 1, 2026; or
(d) The carrying of a concealed handgun by an individual holding a current
and valid permit to carry a concealed handgun issued pursuant to the Concealed
Handgun Permit Act.
Sec. 3. Section 28-1202.01, Revised Statutes Cumulative Supplement, 2024,
is amended to read:
28-1202.01 (1) Except as otherwise provided in this section and section
28-1204.04, a person, other than a minor or a prohibited person, may carry a
concealed handgun anywhere in Nebraska, with or without a permit under the
Concealed Handgun Permit Act.
(2) Except as provided in subsection (10) of this section, a person shall
not carry a concealed handgun into or onto any place or premises where the
person, persons, entity, or entities in control of the place or premises or
employer in control of the place or premises has prohibited the carrying of
concealed handguns into or onto the place or premises.
(3) Except as provided in subsections subsection (10) and (11) of this
section, a person shall not carry a concealed handgun into or onto any: Police,
sheriff, or Nebraska State Patrol station or office; detention facility,
prison, or jail; courtroom or building which contains a courtroom; polling
place during a bona fide election; meeting of the governing body of a county,
public school district, municipality, or other political subdivision; meeting
of the Legislature or a committee of the Legislature; financial institution;
professional or semiprofessional athletic event; building, grounds, vehicle, or
sponsored activity or athletic event of any school; place of worship; hospital,
emergency room, or trauma center; political rally or fundraiser; establishment
having a license issued under the Nebraska Liquor Control Act that derives over
one-half of its total income from the sale of alcoholic liquor; place where the
possession or carrying of a firearm is prohibited by state or federal law; or
any other place or premises where handguns are prohibited by state law.
(4)(a) A financial institution may authorize its security personnel to
carry concealed handguns in the financial institution while on duty so long as
each member of the security personnel, as authorized, is not otherwise
prohibited by state law from possessing or carrying a concealed handgun and is
in compliance with sections 28-1202.02 to 28-1202.04.
(b) A place of worship may authorize its security personnel to carry
concealed handguns on its property if:
(i) Each member of the security personnel, as authorized, is not otherwise
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prohibited by state law from possessing or carrying a concealed handgun and is
in compliance with sections 28-1202.02 to 28-1202.04;
(ii) Written notice is given to the congregation; and
(iii) For leased property, the carrying of concealed handguns on the
property does not violate the terms of any real property lease agreement
between the place of worship and the lessor.
(5) If a person, persons, entity, or entities in control of the place or
premises or an employer in control of the place or premises prohibits the
carrying of concealed handguns into or onto the place or premises and such
place or premises are open to the public, a person does not violate this
section unless the person, persons, entity, or entities in control of the place
or premises or employer in control of the place or premises has posted
conspicuous notice that carrying a concealed handgun is prohibited in or on the
place or premises or has made a request, directly or through an authorized
representative or management personnel, that the person remove the concealed
handgun from the place or premises.
(6) A person carrying a concealed handgun in a vehicle or on his or her
person while riding in or on a vehicle into or onto any parking area, which is
open to the public, used by any location listed in subsection (2) or (3) of
this section, does not violate this section if, prior to exiting the vehicle,
the handgun is locked inside the glove box, trunk, or other compartment of the
vehicle, a storage box securely attached to the vehicle, or, if the vehicle is
a motorcycle, other than an autocycle, a hardened compartment securely attached
to the motorcycle. This subsection does not apply to any parking area used by
such location when the carrying of a concealed handgun into or onto such
parking area is prohibited by federal law.
(7) An employer may prohibit employees or other persons from carrying
concealed handguns in vehicles owned by the employer.
(8) A violation of this section is a Class III misdemeanor for a first
offense and a Class I misdemeanor for any second or subsequent offense.
(9)(a) Except as provided in subdivision (9)(b) of this section, it is an
affirmative defense to a violation of subsection (3) of this section that the
defendant was engaged in any lawful business, calling, or employment at the
time the defendant was carrying a concealed handgun and the circumstances in
which the defendant was placed at the time were such as to justify a prudent
person in carrying a concealed handgun for the defense of his or her person,
property, or family.
(b) The affirmative defense provided for in this subsection:
(i) Does not prevent a prosecution for a violation of section 28-1204.04;
and
(ii) Is not available if the defendant refuses to remove the concealed
handgun from the place or premises after a person in control of the place or
premises has made a request, directly or through an authorized representative
or management personnel, that the defendant remove the concealed handgun from
the place or premises.
(10) Subsections (2) and (3) of this section do not apply to a qualified
law enforcement officer or qualified retired law enforcement officer carrying a
concealed handgun pursuant to 18 U.S.C. 926B or 926C, respectively, as such
sections existed on January 1, 2023.
(11) Subsection (3) of this section does not apply in the State Capitol
for an individual holding a current and valid permit to carry a concealed
handgun issued pursuant to the Concealed Handgun Permit Act.
(12) (11) Action taken in compliance with section 28-1204.04 shall not be
a violation of this section.
Sec. 4. Section 81-1108.15, Revised Statutes Supplement, 2025, is amended
to read:
81-1108.15 (1) Except as provided in the Nebraska State Capitol
Preservation and Restoration Act, the division shall have the primary functions
and responsibilities of statewide facilities planning, facilities construction,
and facilities administration and shall adopt and promulgate rules and
regulations to carry out this section.
(2) Facilities planning shall include the following responsibilities and
duties:
(a) To maintain utilization records of all state-owned, state-occupied,
and vacant facilities;
(b) To coordinate comprehensive capital facilities planning;
(c) To define and review program statements based on space utilization
standards;
(d) To prepare or review planning and construction documents;
(e) To develop and maintain time-cost schedules for capital construction
projects;
(f) To assist the Governor and the Legislative Fiscal Analyst in the
preparation of the capital construction budget recommendations;
(g) To maintain a complete inventory of all state-owned, state-occupied,
and vacant sites and structures and to review the proposals for naming such
sites and structures;
(h) To determine space needs of all state agencies and establish space-
allocation standards;
(i) To cause a state comprehensive capital facilities plan to be
developed; and
(j) To carry out the State Building Construction Alternatives Act.
(3) Facilities construction shall include the following powers and duties:
(a) To maintain close contact with and conduct inspections of each project
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so as to assure execution of time-cost schedules and efficient contract
performance if such project's total design and construction cost is equal to or
greater than the project cost set by subdivision (1)(a) of section 81-1108.43
as adjusted by subsection (2) of section 81-1108.43;
(b) To perform final acceptance inspections and evaluations; and
(c) To coordinate all change or modification orders and progress payment
orders.
(4) Facilities administration shall include the following powers and
duties:
(a) To serve as state leasing administrator or agent for all facilities to
be leased for use by the state and for all state-owned facilities to be rented
to state agencies or other parties subject to section 81-1108.22. The division
shall remit the proceeds from any rentals of state-owned facilities to the
State Treasurer for credit to the State Building Revolving Fund and the State
Building Renewal Assessment Fund;
(b) To provide all maintenance, repairs, custodial duties, security, and
administration for all buildings and grounds owned or leased by the State of
Nebraska except as provided in subsections (5) and (6) of this section;
(c) To be responsible for adequate parking and the designation of parking
stalls or spaces, including access aisles, in offstreet parking facilities for
the exclusive use of handicapped or disabled or temporarily handicapped or
disabled persons pursuant to section 18-1737;
(d) To ensure that all state-owned, state-occupied, and vacant facilities
are maintained or utilized to their maximum capacity or to dispose of such
facilities through lease, sale, or demolition;
(e) To submit electronically a report regarding the amount of property
leased by the state and the availability of state-owned property for the needs
of state agencies, upon request by the Appropriations Committee of the
Legislature, the Committee on Building Maintenance, or a member of the
Legislature;
(f) To administer the State Emergency Capital Construction Contingency
Fund;
(g) To submit status reports to the Governor and the Legislative Fiscal
Analyst after each quarter of a construction project is completed detailing
change orders and expenditures to date. The report submitted to the Legislative
Fiscal Analyst shall be submitted electronically. Such reports shall be
required on all projects costing an amount equal to or greater than the amount
set forth in subdivision (1)(a) of section 81-1108.43 as adjusted by subsection
(2) of section 81-1108.43 and on such other projects as may be designated by
the division; and
(h) To submit a final report on each project to the Governor and the
Legislative Fiscal Analyst. The report submitted to the Legislative Fiscal
Analyst shall be submitted electronically. Such report shall include, but not
be limited to, a comparison of final costs and appropriations made for the
project, change orders, and modifications and whether the construction complied
with the related approved program statement. Such reports shall be required on
all projects costing an amount equal to or greater than the amount set forth in
subdivision (1)(a) of section 81-1108.43 as adjusted by subsection (2) of
section 81-1108.43 and on such other projects as may be designated by the
division.
(5) Subdivisions (4)(b), (c), and (d) of this section shall not apply to
(a) state-owned facilities to be rented to state agencies or other parties by
the University of Nebraska, the Nebraska state colleges, the Department of
Transportation, and the Board of Educational Lands and Funds, (b) buildings and
grounds owned or leased for use by the University of Nebraska, the Nebraska
state colleges, and the Board of Educational Lands and Funds, (c) buildings and
grounds owned, leased, or operated by the Department of Correctional Services,
(d) facilities to be leased for nonoffice use by the Department of
Transportation, (e) buildings or grounds owned or leased by the Game and Parks
Commission if the application of such subdivisions to the buildings or grounds
would result in ineligibility for or repayment of federal funding, (f)
buildings or grounds of the state park system, state recreation areas, state
historical parks, state wildlife management areas, or state recreational
trails, or (g) other buildings or grounds owned or leased by the State of
Nebraska which are specifically exempted by the division because the
application of such subdivisions would result in the ineligibility for federal
funding or would result in hardship on an agency, board, or commission due to
other exceptional or unusual circumstances, except that nothing in this
subdivision shall prohibit the assessment of building rental depreciation
charges to tenants of facilities owned by the state and under the direct
control and maintenance of the division.
(6)(a) (6) Security for all buildings and grounds owned or leased by the
State of Nebraska in Lincoln, Nebraska, except the buildings and grounds
described in subsection (5) of this section, shall be the responsibility of the
Nebraska State Patrol. The Nebraska State Patrol shall consult with the
Governor, the Chief Justice, the Executive Board of the Legislative Council,
and the State Capitol Administrator regarding security policy within the State
Capitol and capitol grounds.
(b) Following consultation as provided for in subdivision (a) of this
subsection, the Nebraska State Patrol shall, no later than January 1, 2027,
implement procedures to ensure the State Capitol is secure and provide for the
detection of weapons and prohibited substances as defined in section 2 of this
act to prevent such weapons and prohibited substances from being brought into
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the State Capitol in violation of section 2 of this act.
(7) Each member of the Legislature shall receive an electronic copy of the
reports required by subdivisions (4)(g) and (h) of this section by making a
request for them to the State Building Administrator. The information on such
reports shall be submitted to the division by the agency responsible for the
project.
Sec. 5. Original section 28-1202.01, Revised Statutes Cumulative
Supplement, 2024, and sections 28-101 and 81-1108.15, Revised Statutes
Supplement, 2025, are repealed.
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