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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1258

Introduced by Hansen, 16; Holdcroft, 36; Raybould, 28; Storm, 23.
Read first time January 21, 2026
Committee: Agriculture
A BILL FOR AN ACT relating to livestock; to amend sections 11-201,1
54-170, 54-171, 54-171.01, 54-172, 54-176, 54-179, 54-180, 54-182,2
54-187.01, 54-193, 54-194, 54-196, 54-197, 54-198, 54-199, 54-1,100,3
54-1,101, 54-1,102, 54-1,103, 54-1,104, 54-1,105, 54-1,108,4
54-1,115, 54-1,116, 54-1,118, 54-1,124.01, 54-1,125, 54-1,126,5
54-1,127, 54-1,128, 54-1,129, 54-1,131, 54-415, 54-1160.01,6
60-3,135, 60-480.01, 81-1021, and 84-1005, Reissue Revised Statutes7
of Nebraska, and sections 81-1316 and 84-1411, Revised Statutes8
Supplement, 2025; to rename the Livestock Brand Act as the Livestock9
Protection Act; to eliminate the Nebraska Brand Committee; to10
provide for the Division of Brand Registration, Brand Inspection,11
and Livestock Theft Investigation and a brand recorder in the12
Department of Agriculture; to eliminate the brand inspection area13
and mandatory branding requirements within such area; to change14
provisions relating to brand inspections and fees and to define,15
redefine, and eliminate terms under the Livestock Protection Act; to16
eliminate provisions relating to registered feedlots and open17
markets under the Livestock Protection Act; to provide for the18
transition of brand inspection duties from the Nebraska Brand19
Committee to the Department of Agriculture; to change provisions20
relating to estrays; to change provisions relating to undercover21
license plates, undercover drivers' licenses, identification22
requirements for certain motor vehicles, the State Personnel System,23
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the regular work hours of certain state employees, and virtual1
conferencing under the Open Meetings Act; to state legislative2
intent; to harmonize provisions; to provide an operative date; to3
repeal the original sections; and to outright repeal sections4
54-175, 54-175.01, 54-179.01, 54-179.02, 54-179.03, 54-179.04,5
54-186, 54-187.02, 54-188, 54-191, 54-192, 54-195, 54-1,106,6
54-1,109, 54-1,110, 54-1,111, 54-1,112, 54-1,113, 54-1,114,7
54-1,117, 54-1,119, 54-1,120, 54-1,121, and 54-1,122, Reissue8
Revised Statutes of Nebraska. 9
Be it enacted by the people of the State of Nebraska,10
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Section 1. It is the intent of the Legislature through enactment of1
the Livestock Protection Act to, no later than September 1, 2026:2
(1) Create the Division of Brand Registration, Brand Inspection, and3
Livestock Theft Investigation under the Department of Agriculture;4
(2) Provide for the registration of brands and the renewal of such5
registration; 6
(3) Provide for statewide voluntary brand inspections, as proof of7
ownership, upon request for a fee; 8
(4) Allow producers to use their registered brands to brand their9
cattle; 10
(5) Provide for statewide uniformity of livestock protection;11
(6) Protect and strengthen Nebraska's livestock industry and12
competitiveness; 13
(7) Provide for an advisory committee to provide feedback to the14
division. Such committee may consist of representatives from the15
livestock industry; and 16
(8) Provide for the adoption and promulgation of rules and17
regulations relating to livestock protection. 18
Sec. 2. Section 11-201, Reissue Revised Statutes of Nebraska, is19
amended to read: 20
11-201 It shall be the duty of the Risk Manager:21
(1) To prescribe the amount, terms, and conditions of any bond or22
equivalent commercial insurance when the amount or terms are not fixed by23
any specific statute. The Risk Manager, in prescribing the amount,24
deductibles, conditions, and terms, shall consider the type of risks, the25
relationship of the premium to risks involved, the past and projected26
trends for premiums, the ability of the Tort Claims Fund, the State Self-27
Insured Property Fund, and state agencies to pay the deductibles, and any28
other factors the manager may, in his or her discretion, deem necessary29
in order to accomplish the provisions of sections 2-1201, 3-103, 8-104,30
8-105, 9-807, 11-119, 11-121, 11-201, 11-202, 37-110, 48-158, 48-609,31
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48-618, 48-804.03, 53-109, 54-191, 55-123, 55-126, 55-127, 55-150,1
57-917, 60-1303, 60-1502, 71-222.01, 72-1241, 77-366, 80-401.02, 81-111,2
81-151, 81-5,167, 81-8,128, 81-8,141, 81-1108.14, 81-2002, 83-128,3
84-106, 84-206, and 84-801; 4
(2) To pass upon the sufficiency of and approve the surety on the5
bonds or equivalent commercial insurance of all officers and employees of6
the state, when approval is not otherwise prescribed by any specific7
statute; 8
(3) To arrange for the writing of corporate surety bonds or9
equivalent commercial insurance for all the officers and employees of the10
state who are required by statute to furnish bonds;11
(4) To arrange for the writing of the blanket corporate surety bond12
or equivalent commercial insurance required by this section; and13
(5) To order the payment of corporate surety bond or equivalent14
commercial insurance premiums out of the State Insurance Fund created by15
section 81-8,239.02. 16
All state employees not specifically required to give bond by17
section 11-119 shall be bonded under a blanket corporate surety bond or18
insured under equivalent commercial insurance for faithful performance19
and honesty in an amount determined by the Risk Manager.20
The Risk Manager may separately bond any officer, employee, or group21
thereof under a separate corporate surety bond or equivalent commercial22
insurance policy for performance and honesty pursuant to the standards23
set forth in subdivision (1) of this section if the corporate surety or24
commercial insurer will not bond or insure or excludes from coverage any25
officer, employee, or group thereof under the blanket bond or commercial26
insurance required by this section, or if the Risk Manager finds that the27
reasonable availability or cost of the blanket bond or commercial28
insurance required under this section is adversely affected by any of the29
following factors: The loss experience, types of risks to be bonded or30
insured, relationship of premium to risks involved, past and projected31
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trends for premiums, or any other factors. 1
Surety bonds of collection agencies, as required by section 45-608,2
and detective agencies, as required by section 71-3207, shall be approved3
by the Secretary of State. The Attorney General shall approve all bond4
forms distributed by the Secretary of State. 5
Sec. 3. Section 54-170, Reissue Revised Statutes of Nebraska, is6
amended to read: 7
54-170 Sections 54-170 to 54-1,131 and sections 1, 8 to 10, 12, 14,8
15, and 39 to 43 of this act shall be known and may be cited as the9
Livestock Protection Brand Act. 10
Sec. 4. Section 54-171, Reissue Revised Statutes of Nebraska, is11
amended to read: 12
54-171 For purposes of the Livestock Protection Brand Act, the13
definitions found in sections 54-171.01 to 54-190 and sections 8 to 10,14
12, and 14 of this act shall be used. 15
Sec. 5. Section 54-172, Reissue Revised Statutes of Nebraska, is16
amended to read: 17
54-172 Bill of sale means a formal instrument for the conveyance or18
transfer of title to livestock or other goods and chattels. The bill of19
sale shall state the purchaser's name and address, the date of transfer,20
the guarantee of title, the number of livestock transferred, the sex of21
such livestock, the brand or brands, the location of the brand or brands22
or a statement to the effect that the animal is unbranded, any approved23
nonvisual identifiers, and the name and address of the seller. The24
signature of the seller shall be attested by at least one witness or25
acknowledged by a notary public or by some other officer authorized by26
state law to take acknowledgments. For any conveyance or transfer of27
title to cattle subject to assessment imposed pursuant to the federal28
Beef Promotion and Research Order, 7 C.F.R. part 1260, for which the29
purchaser is the collecting person pursuant to 7 C.F.R. 1260.311 for30
purposes of collecting and remitting such assessment, the bill of sale31
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shall include a notation of the amount the purchaser collected from the1
seller or deducted from the sale proceeds for the assessment. A properly2
executed bill of sale means a bill of sale that is provided by the seller3
and received by the purchaser. 4
Sec. 6. Section 54-176, Reissue Revised Statutes of Nebraska, is5
amended to read: 6
54-176 Brand inspector means a person employed by , or a contracted7
service provider retained by, the department the Nebraska Brand8
Committee, or some other brand inspection agency, inside or outside of9
the State of Nebraska, for the purpose of identifying brands, marks, or10
other identifying characteristics of livestock or approved nonvisual11
identifiers to determine the existence of such brands, marks, or12
identifying characteristics or identifiers and from such determinations13
in conjunction with any documentation or other satisfactory evidence of14
ownership attempt to establish correct and true ownership of such15
livestock, and generally carry out the provisions and enforcement of all16
laws pertaining to brands, brand inspection, physical inspection,17
electronic inspection, and associated livestock laws.18
Sec. 7. Section 54-179, Reissue Revised Statutes of Nebraska, is19
amended to read: 20
54-179 Certificate of inspection means the official document issued21
and signed by a brand inspector attesting to the true ownership of22
livestock as determined by the inspector and any authorizing (1) movement23
of livestock from a point of origin within the brand inspection area to a24
destination either inside or outside of the brand inspection area or25
outside of this state, (2) slaughter of livestock as specified on such26
certificate, or (3) the change of ownership of livestock as specified on27
such certificate. A certificate of inspection shall designate, as needed,28
the name of the shipper, consignor, or seller of the livestock, the29
purchaser or consignee of the livestock, the destination of the30
livestock, the vehicle license number or carrier number, the miles driven31
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by an inspector to perform inspection, the amount of inspection fees1
collected, the number and sex of the livestock to be moved or2
slaughtered, any brands on the livestock, any approved nonvisual3
identifiers, and the brand owner. A certificate of inspection shall be4
construed and is intended to be documentary evidence of ownership on all5
livestock covered by such document. 6
Sec. 8. Department means the Department of Agriculture.7
Sec. 9. Director means the Director of Agriculture.8
Sec. 10. Division means the Division of Brand Registration, Brand9
Inspection, and Livestock Theft Investigation established pursuant to10
section 15 of this act. 11
Sec. 11. Section 54-180, Reissue Revised Statutes of Nebraska, is12
amended to read: 13
54-180 Estray means any livestock found running at large upon public14
or private lands, either fenced or unfenced, whose owner is unknown in15
the area where found, any such livestock which is branded with a brand16
which is not on record in the office of the brand recorder Nebraska Brand17
Committee, or any livestock for which ownership has not been established18
as provided in section 54-1,118. 19
Sec. 12. Section 54-187.01, Reissue Revised Statutes of Nebraska, is20
amended to read: 21
54-187.01 Inspection Physical inspection means an inspection for22
purposes of the Livestock Protection Brand Act performed by a brand23
inspector an employee of the Nebraska Brand Committee physically present24
at the location of the inspected animals to verify ownership through25
visual observation of brands or other distinguishing markings and26
physical characteristics of the livestock and examination of any27
associated documentary or other evidence of ownership.28
Sec. 13. Section 54-182, Reissue Revised Statutes of Nebraska, is29
amended to read: 30
54-182 Investigator means an employee of the department Nebraska31
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Brand Committee who is also a deputy state sheriff and has the duty,1
responsibility, and authority to enforce all state statutes pertaining to2
brands, brand inspection, physical inspection, electronic inspection, and3
associated livestock laws and to investigate independently or in4
conjunction with other state or local law enforcement agencies instances5
of unlawful taking or disposition of livestock or any other crime6
involving fraud or deception pertaining to livestock or the ownership,7
sale, transport, and possession of livestock. An investigator is also8
responsible for the investigation of all problems associated with brands,9
brand inspection, and associated livestock enforcement problems. An10
investigator shall also be available for assignment by the department to11
any investigation and enforcement activities under animal health12
authorities assigned to the department. 13
Sec. 14. Section 54-171.01, Reissue Revised Statutes of Nebraska, is14
amended to read: 15
54-171.01 Nonvisual Approved nonvisual identifier means a nonvisual16
method of livestock identification , including approved by the Nebraska17
Brand Committee such as an electronic device, a nose print, a retinal18
scan, a DNA match, or any other such nonvisual method of livestock19
identification. 20
Sec. 15. (1) The Division of Brand Registration, Brand Inspection,21
and Livestock Theft Investigation is established in the department. The22
purpose of the division is to protect brand and livestock owners in this23
state from the theft of livestock through established brand recording,24
the availability of brand inspection services, and livestock theft25
investigation. 26
(2) The director shall appoint a brand recorder who shall be the27
administrative head of the division. The brand recorder shall:28
(a) Be responsible for the receipt and processing of applications29
for new livestock brands, the issuance of brand registration30
certificates, the transfer of ownership of existing livestock brands, and31
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the maintenance of accurate and permanent records relating to livestock1
brands; 2
(b) With the approval of the director, for the purpose of carrying3
out the Livestock Protection Act: 4
(i) Hire brand inspectors, investigators, and assistants;5
(ii) Enter a contract with a service provider; and6
(iii) Enter an agreement with a state or local governmental agency;7
(c) Establish qualifications for employees of the division or for8
contracts or agreements that are made by the division for the provision9
of brand inspection services; 10
(d) Develop and provide any training material or program related to11
the provision of brand inspection services; 12
(e) Be the point of contact for requests for brand inspection;13
(f) Assign a brand inspector to provide inspection services and to14
issue a brand inspection certificate on behalf of the division;15
(g) Be the point of contact for reports of missing or stolen16
livestock and reports of fraud or deception pertaining to livestock or17
the ownership, sale, transport, and possession of livestock;18
(h) Assign an investigator to investigate the reports described in19
subdivision (g) of this subsection; 20
(i) Cooperate and coordinate with the Attorney General, the Nebraska21
State Patrol, and any other state or local law enforcement agency in the22
investigation of instances of unlawful taking or disposition of livestock23
or any other crime involving fraud or deception pertaining to livestock24
or the ownership, sale, transport, and possession of livestock;25
(j) Advise the director regarding any memorandum of understanding or26
contractual arrangement with the Attorney General, the Nebraska State27
Patrol, and any other state or local agency regarding specialized28
training of investigators employed by the division;29
(k) Assess and collect fees and charges for brand inspection30
services, brand registration, transfer of brands, and brand31
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documentation, and related fees and charges under the Livestock1
Protection Act; and 2
(l) Recommend to the director any revision of rules and regulations3
adopted and promulgated under the Livestock Protection Act.4
Sec. 16. Section 54-193, Reissue Revised Statutes of Nebraska, is5
amended to read: 6
54-193 The brand recorder Nebraska Brand Committee shall7
periodically have published in book form, electronic medium, or any such8
other method prescribed by the committee a list of all brands recorded9
with the division brand committee at the time of such publication. Such10
publication may be supplemented from time to time. The publication shall11
contain a facsimile of all recorded brands, together with the owner's12
name and post office address, and shall be arranged in convenient form13
for reference. The brand recorder committee shall send, without any14
charge, the publication as required by section 51-413 to the Nebraska15
Publications Clearinghouse and shall provide the publication to each16
inspector of record and to the county sheriff of each county in the State17
of Nebraska, which shall be kept as a matter of public record. The18
publication may be sold to the general public for a price equal to or19
less than the actual cost of production. 20
Sec. 17. Section 54-194, Reissue Revised Statutes of Nebraska, is21
amended to read: 22
54-194 The brand recorder may director of the Nebraska Brand23
Committee or the chairperson of the brand committee shall have the24
authority to sign all certificates and other documents that may by law25
require certification by signature. Such documents shall include, but not26
be limited to, new brand certificates, brand transfer certificates,27
duplicate brand certificates, and brand renewal receipts. A facsimile of28
the department brand committee seal and the signature of the brand29
recorder shall also be placed on all brand certificates.30
Sec. 18. Section 54-196, Reissue Revised Statutes of Nebraska, is31
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amended to read: 1
54-196 The department Nebraska Brand Committee may adopt and2
promulgate rules and regulations to carry out the Livestock Protection3
Brand Act and section 54-415. 4
Sec. 19. Section 54-197, Reissue Revised Statutes of Nebraska, is5
amended to read: 6
54-197 The Nebraska Brand Inspection and Theft Prevention Fund is7
created. Fees and money collected pursuant to the Livestock Protection8
Brand Act not otherwise provided for in the act shall be remitted to the9
State Treasurer for credit to the fund. The fund shall be used by the10
department Nebraska Brand Committee in the administration and enforcement11
of the act and section 54-415. All expenses and salaries provided for12
under such act or incurred by reason thereof shall be paid out of the13
fund. Any money in the fund available for investment shall be invested by14
the state investment officer pursuant to the Nebraska Capital Expansion15
Act and the Nebraska State Funds Investment Act. 16
Sec. 20. Section 54-198, Reissue Revised Statutes of Nebraska, is17
amended to read: 18
54-198 (1) Any person may record a brand, which he or she has the19
exclusive right to use in this state, and it is unlawful to use any brand20
for branding any livestock unless the person using such brand has21
recorded that brand with the brand recorder Nebraska Brand Committee . A22
brand is a mark consisting of symbols, characters, numerals, or a23
combination of such intended as a visual means of ownership24
identification when applied to the hide of an animal. Only a hot iron or25
freeze brand or other method approved by the brand recorder brand26
committee shall be used to apply a brand to a live animal.27
(2) A hot iron brand or freeze brand may be used for in-herd28
identification purposes such as for year or production records. With29
respect to hot iron brands used for in-herd identification, the numerals30
0, 1, 2, 3, 4, 5, 6, 7, 8, and 9 in singular or triangular position are31
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reserved on both the right and left shoulder of all cattle, except that1
such shoulder location for a single-number hot iron brand may be used for2
year branding for in-herd identification purposes, and an alphabetical3
letter may be substituted for one of the numerals used in a triangular4
configuration for in-herd identification purposes. Hot iron brands used5
for in-herd identification shall be used in conjunction with the recorded6
hot iron brand and shall be on the same side of the animal as the7
recorded hot iron brand. Freeze branding for in-herd identification may8
be applied in any location and any configuration with any combination of9
numerals or alphabetical letters. 10
(3) It shall be unlawful to knowingly maintain a herd containing one11
or more animals which the possessor has branded, or caused to be branded,12
in violation of this section or any other provision of the Livestock13
Protection Brand Act. 14
Sec. 21. Section 54-199, Reissue Revised Statutes of Nebraska, is15
amended to read: 16
54-199 (1) To record a brand, a person shall forward to the brand17
recorder Nebraska Brand Committee a facsimile or description of the brand18
desired to be recorded, a written application, and a recording fee and19
research fee established by the department brand committee. Such20
recording fee may vary according to the number of locations and methods21
of brand requested but shall not be more than one hundred fifty dollars22
per application. Such research fee shall be charged on all applications23
and shall not be more than fifty dollars per application.24
(2) For recording of visual brands, upon receipt of a facsimile of25
the brand, an application, and the required fee, the brand recorder26
committee shall determine compliance with the following requirements:27
(a) The brand shall be an identification mark that is applied to the28
hide of a live animal by hot iron branding or by either hot iron branding29
or freeze branding. The brand shall be on either side of the animal in30
any one of three locations, the shoulder, ribs, or hip;31
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(b) The brand is not recorded under the name of any other person and1
does not conflict with or closely resemble a prior recorded brand;2
(c) The brand application specifies the left or right side of the3
animal and the location on that side of the animal where the brand is to4
be placed; 5
(d) The brand is not recorded as a trade name nor as the name of any6
profit or nonprofit corporation, unless such trade name or corporation is7
of record, in current good standing, with the Secretary of State; and8
(e) The brand is, in the judgment of the brand recorder committee,9
legible, adequate, and of such a nature that the brand when applied can10
be properly read and identified by employees of the brand committee.11
(3) All visual brands shall be recorded as a hot iron brand only12
unless a co-recording as a freeze brand or other approved method of13
branding is requested by the applicant. The brand recorder committee14
shall approve co-recording a brand as a freeze brand unless the brand15
would not be distinguishable from in-herd identification applied by16
freeze branding. 17
(4) If the facsimile, the description, or the application does not18
comply with the requirements of this section, the brand recorder19
committee shall not record such brand as requested but shall return the20
recording fee to the forwarding person. The power of examination and21
rejection is vested in the brand recorder committee, and if the brand22
recorder committee determines that the application for a visual brand23
falls within the category set out in subdivision (2)(e) of this section,24
it shall decide whether or not a recorded brand shall be issued. The25
brand recorder committee shall make such examination as promptly as26
possible. If the brand is recorded, the ownership vests from the date of27
filing of the application. 28
(5) The brand committee may by rule and regulation provide for the29
use of approved nonvisual identifiers for purposes of enrolling cattle30
identified by such method of livestock identification. Such method of31
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livestock identification shall be approved only if it functions as1
satisfactory evidence of ownership for the purpose of enrollment of2
cattle and for electronic inspection authorized under section 54-1,108.3
Before approving any nonvisual identifier, the brand committee shall4
consider the degree to which such method may be susceptible to error,5
failure, or fraudulent alteration. Any rule or regulation shall be6
adopted and promulgated only after public hearing conducted in compliance7
with the Administrative Procedure Act. 8
Sec. 22. Section 54-1,100, Reissue Revised Statutes of Nebraska, is9
amended to read: 10
54-1,100 (1) A recorded brand is the property of the person causing11
such record to be made and is subject to sale, assignment, transfer,12
devise, and descent as personal property. Any instrument of writing13
evidencing the sale, assignment, or transfer of a recorded brand shall be14
effective upon its recording with the brand recorder Nebraska Brand15
Committee. No such instrument shall be accepted for recording if the16
brand recorder committee has been duly notified of the existence of a17
lien or security interest against livestock owned or thereafter acquired18
by the owner of such brand by the holder of such lien or security19
interest. Written notification from the holder of such lien or security20
interest that the lien or security interest has been satisfied or consent21
from the holder of such lien or security interest shall be required in22
order for the brand recorder committee to accept for recording an23
instrument selling, assigning, or transferring such recorded brand.24
Except as provided in subsection (2) of this section, the fee for25
recording such an instrument shall be established by the brand recorder26
committee and shall not be more than forty dollars. Such instrument shall27
give notice to all third persons of the matter recorded in the instrument28
and shall be acknowledged by a notary public or any other officer29
qualified under law to administer oaths. 30
(2) The owner of a recorded brand may lease the brand to another31
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person upon compliance with this subsection and subject to the approval1
of the brand recorder committee. The lessee shall pay a filing fee2
established by the brand recorder committee not to exceed one hundred3
dollars. The leased recorded brand may expire as agreed in the lease, but4
in no event shall such leased recorded brand exceed the original5
expiration date. 6
Sec. 23. Section 54-1,101, Reissue Revised Statutes of Nebraska, is7
amended to read: 8
54-1,101 (1) The owner of a recorded brand is entitled to one9
certified copy of the record of such brand from the brand recorder10
Nebraska Brand Committee without charge. Additional certified copies of11
the record may be obtained by anyone upon the payment of one dollar for12
each copy. 13
(2) Copies of any other document maintained by the brand recorder of14
the brand committee may be requested, and a fee of one dollar shall be15
collected for each page copied. Only personnel authorized by the brand16
recorder committee shall make copies and collect such fees. The party17
requesting the copies is responsible for payment of the fee and shall18
reimburse the brand recorder committee for the research time necessary to19
furnish the requested documents at a rate of not less than twenty nor20
more than forty dollars per hour of research time. The rate shall be21
reviewed and set annually by the department brand committee.22
Sec. 24. Section 54-1,102, Reissue Revised Statutes of Nebraska, is23
amended to read: 24
54-1,102 (1) A recorded brand may be applied by its owner until its25
expiration date. 26
(2) The On and after January 1, 1994, the expiration date of a27
recorded brand is the last day of the calendar quarter of the renewal28
year as designated by the brand recorder Nebraska Brand Committee in the29
records of the brand recorder committee. 30
(3) The brand recorder committee shall notify every owner of a31
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recorded brand of its expiration date at least sixty days prior to the1
expiration date, and the owner of the recorded brand shall pay a renewal2
fee established by the department brand committee which shall not be more3
than two hundred dollars and furnish such other information as may be4
required by the brand recorder committee. The renewal fee is due and5
payable on or before the expiration date and renews a recorded brand for6
a period of four years regardless of the number of locations on one side7
of an animal on which the brand is recorded. If any owner fails, refuses,8
or neglects to pay the renewal fee by the expiration date, the brand9
shall expire and be forfeited. 10
(4) The brand recorder shall committee has the authority to hold an11
expired brand for one year following the date of expiration. An expired12
brand may be reinstated by the same owner during such one-year period13
upon return of a brand application form and payment of the recording fee14
and research fee for such brand established by the department brand15
committee under section 54-199 plus a penalty of five dollars for each16
month or part of a month which has passed since the date of expiration. A17
properly reinstated brand may be transferred to another person during18
such one-year period upon completion of a transfer form, with a notarized19
bill of sale signed by the prior owner attached to such transfer form.20
Sec. 25. Section 54-1,103, Reissue Revised Statutes of Nebraska, is21
amended to read: 22
54-1,103 (1) Cattle brands consisting of alphabetical letters A23
through Z, and numbers 1, 2, 3, 4, 5, 6, 7, 8, and 9 on the left or right24
jaw are reserved for assignment by the brand recorder , as designated by25
the Nebraska Brand Committee. The brand recorder shall not assign such26
brands to any person in the State of Nebraska unless authorized by the27
brand committee, and it shall be unlawful for any person to use such28
brands except as provided in subsection (2) of this section.29
(2) Every person when spaying heifers, upon request of the owner30
thereof, shall brand such heifers with the alphabetical letter O on the31
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left jaw and furnish the owner with a certificate that all heifers so1
branded have been properly spayed by a licensed veterinarian. Permission2
may be granted by the brand recorder committee to state and federal3
animal disease control agencies to require the use of the letters F, V,4
B, S, and T and an open-end spade on either the right or left jaw of5
cattle in a manner consistent with animal disease control laws.6
Sec. 26. Section 54-1,104, Reissue Revised Statutes of Nebraska, is7
amended to read: 8
54-1,104 There is a recorded brand consisting of the alphabetical9
letter N on the entire right and left sides which is assigned to the10
division Nebraska Brand Committee to be used only by authorized personnel11
of the division brand committee to permanently identify livestock which12
are suspected of having been stolen and may be used as evidence in any13
court proceeding. It shall in no way signify that the division brand14
committee (1) is the owner of livestock so branded or (2) claims15
ownership in any livestock carrying such brand. It shall only be16
construed and intended that livestock so branded are evidence or portions17
of evidence seized relative to an alleged theft of livestock.18
Sec. 27. Section 54-1,105, Reissue Revised Statutes of Nebraska, is19
amended to read: 20
54-1,105 (1) Cattle branded with a Nebraska-recorded visual brand21
shall be branded so that the recorded brand of the owner shows22
distinctly. 23
(2) If the owners of recorded brands which conflict with or closely24
resemble each other maintain their herds in close proximity to each25
other, the brand recorder Nebraska Brand Committee has the authority to26
decide, after hearing as to which at least ten days' written notice has27
been given, any dispute arising therefrom and to direct such change or28
changes in the position or positions where such recorded brand or brands29
are to be placed as will remove any confusion that might result from such30
conflict or close resemblance. 31
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Sec. 28. Section 54-1,108, Reissue Revised Statutes of Nebraska, is1
amended to read: 2
54-1,108 (1) (1)(a) All physical inspections for brands provided for3
in the Livestock Protection Brand Act or section 54-415 shall be from4
sunrise to sundown or during such other hours and under such conditions5
as the brand recorder Nebraska Brand Committee determines. The division6
shall provide inspection services upon the request of any:7
(a) Law enforcement agency; 8
(b) Order of any court of competent jurisdiction;9
(c) Bank, credit agency, or lending institution with a legal or10
financial interest in the cattle; 11
(d) Livestock auction market or packing plant requesting such12
inspection services; 13
(e) Party to a transaction involving the transfer of possession or14
ownership of livestock; or 15
(f) Livestock owner who is missing cattle. The brand committee shall16
assess a fifty-dollar late notice surcharge if a request for a physical17
inspection is made less than forty-eight hours prior to the date of18
inspection. 19
(b) A physical inspection shall be required when brands applied by20
hot iron or freeze branding methods are the exclusive means of ownership21
identification and in all other cases that do not qualify for electronic22
inspection as provided in subsection (2) of this section.23
(c) Beginning October 1, 2021, a physical inspection fee of eighty-24
five cents per head until June 30, 2023, and beginning July 1, 2023, a25
fee established by the Nebraska Brand Committee, of not more than one26
dollar and ten cents per head shall be charged for all cattle inspected27
in accordance with the Livestock Brand Act or section 54-415, inspected28
within the brand inspection area or brand inspection service area by29
court order, inspected at the request of any bank, credit agency, or30
lending institution with a legal or financial interest in such cattle, or31
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inspected at the request of a neighboring livestock owner with missing1
cattle. The inspection fee for court-ordered inspections shall be paid2
from the proceeds of the sale of such cattle if ordered by the court or3
by either party as the court directs. For other inspections, the person4
requesting the inspection of such cattle is responsible for the5
inspection fee. Brand inspections requested by either a purchaser or6
seller of cattle located within the brand inspection service area shall7
be provided upon the same terms and charges as brand inspections8
performed within the brand inspection area. If estray cattle are9
identified as a result of the inspection, such cattle shall be processed10
in the manner provided by section 54-415. 11
(d) The actual mileage incurred by the inspector to perform a12
physical inspection shall be paid by the party requesting inspection and13
paid at the rate established by the Department of Administrative Services14
pursuant to section 81-1176. 15
(2)(a) The department shall establish an inspection fee (e) For16
physical inspections performed outside of the brand inspection area that17
are not provided for in subdivision (c) of this subsection, the fee shall18
be the inspection fee established in such subdivision plus a fee to cover19
the actual expense of performing the inspection, including mileage at the20
rate established by the Department of Administrative Services and an21
hourly rate, not to exceed thirty dollars per hour, for the travel and22
inspection time incurred by the department brand committee to perform23
such inspection. The division brand committee shall charge and collect24
such the actual expense fee. Such fee shall apply to inspections25
performed outside the brand inspection area as part of an investigation26
into known or alleged violations of the Livestock Protection Brand Act27
and shall be charged against the person committing the violation.28
(b) Such fee shall be paid: 29
(i) By the person committing the violation; 30
(ii) For court-ordered inspections, as directed by the court from31
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the proceeds of the sale of the cattle or any party to the court1
proceeding; or 2
(iii) By the person requesting the inspection of such cattle.3
(2)(a) The brand committee may provide for electronic inspection of4
enrolled cattle identified by approved nonvisual identifiers pursuant to5
subsection (5) of section 54-199. The brand committee shall establish6
procedures for enrollment of such cattle with the brand committee which7
shall include providing acceptable certification or evidence of8
ownership. Electronic inspection shall not require agency employees to be9
present, except that random audits shall occur. 10
(b) Beginning October 1, 2021, an electronic inspection fee not to11
exceed eighty-five cents per head until June 30, 2023, and beginning July12
1, 2023, a fee established by the brand committee of not more than one13
dollar and ten cents per head shall be charged for all cattle subjected14
to electronic inspection in accordance with the Livestock Brand Act or15
section 54-415. 16
(c) A certified bill of sale for sale of calves shall be provided to17
qualified dairies once the required information is electronically18
transferred to the brand committee on calves under thirty days of age.19
The fee shall be the same as for an electronic inspection under20
subdivision (2)(b) of this section. 21
(d) A certified transportation permit shall be provided to qualified22
dairies after the required information is electronically transferred to23
the brand committee on calves under thirty days of age which are moved24
out of the inspection area. The fee shall be the same as for an25
electronic inspection under subdivision (2)(b) of this section.26
(e) On or before December 1, 2021, the brand committee shall report27
to the Legislature any actions taken or necessary for implementing28
electronic inspection authorized by this subsection, including personnel29
and other resources utilized to support electronic inspection, how the30
brand committee's information technology capabilities are utilized to31
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support electronic inspection, a listing of approved nonvisual1
identifiers, the requirements for enrolling cattle identified by approved2
nonvisual identifiers, current and anticipated utilization of electronic3
inspection by the livestock industry, and the fees required to recover4
costs of performing electronic inspection. 5
(3) Any person who has reason to believe that cattle were shipped6
erroneously due to an inspection error occurred during a brand inspection7
may request a reinspection. The person making such request shall be8
responsible for the expenses incurred as a result of the reinspection9
unless the results of the reinspection substantiate the claim of10
inspection error, in which case the division brand committee shall be11
responsible for the reinspection expenses. 12
Sec. 29. Section 54-1,115, Reissue Revised Statutes of Nebraska, is13
amended to read: 14
54-1,115 (1) Any person, other than the owner or the owner's15
employee, using a motor vehicle or trailer to transport livestock or16
carcasses over any land within the State of Nebraska not owned or rented17
by such person or who is so transporting such livestock upon a highway,18
public street, or thoroughfare within the State of Nebraska shall have in19
his or her possession a livestock transportation authority form or ,20
certificate of inspection , or shipping certificate from a registered21
feedlot, authorizing such movement as to each head of livestock22
transported by such vehicle. 23
(2) A livestock transportation authority form shall be in writing24
and shall state the name of the owner of the livestock, the owner's post25
office address, the place from which the livestock are being moved,26
including the name of the ranch, if any, the destination, the name and27
address of the carrier, the license number and make of motor vehicle to28
which consigned, together with the number of livestock and a description29
thereof including kind, sex, breed, color, and marks, if any, and in the30
case of livestock shipments originating within the brand inspection area,31
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the brands, if there are any. The authority form shall be signed by the1
owner of the livestock or the owner's authorized agent.2
(3) Any peace officer, based upon probable cause to question the3
ownership of the livestock being transported, may stop a motor vehicle or4
motor vehicle and trailer and request exhibition of any authority form or5
certificate required by this section. 6
(4) A violation of this section is an infraction. A peace officer7
shall have the authority to write a citation, which shall be waivable, to8
offenders in violation of this section. A fine under this section shall9
not exceed two hundred dollars per head for each offense. Violations10
shall be charged in the county in which the offense occurred.11
Sec. 30. Section 54-1,116, Reissue Revised Statutes of Nebraska, is12
amended to read: 13
54-1,116 (1) All livestock sold or otherwise disposed of shall be14
accompanied by a properly executed bill of sale in writing , satisfactory15
evidence of ownership, or , for cattle, a certificate of inspection. All16
owners of or persons possessing livestock have a duty to exhibit, upon17
request of any person, the bill of sale or other satisfactory evidence of18
ownership of the livestock. 19
(2) A violation of this section is an infraction. A peace officer20
shall have the authority to write a citation, which shall be waivable, to21
offenders in violation of this section. A fine under this section shall22
not exceed two hundred dollars per head for each offense. Violations23
shall be charged in the county in which the offense occurred.24
Sec. 31. Section 54-1,118, Reissue Revised Statutes of Nebraska, is25
amended to read: 26
54-1,118 If any livestock inspected under the Livestock Protection27
Brand Act or section 54-415 is unbranded or bears a brand or brands in28
addition to, or other than, the recorded brand or brands of the shipper29
or seller, then the shipper or seller may be required to establish his or30
her ownership of such livestock by exhibiting to the brand inspector31
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Nebraska Brand Committee a bill of sale to such livestock or by other1
satisfactory evidence of ownership. If ownership of the livestock is not2
established: 3
(1) Such livestock shall be considered an estray;4
(2) The department shall notify the county sheriff of the county in5
which such livestock is inspected or is located; and6
(3) Such livestock shall be disposed of pursuant to section7
54-415. , the livestock may be sold, and the selling agent who sells such8
livestock shall hold the proceeds of the sale. If any shipper or seller9
who has offered such livestock for sale refuses to accept the bids10
offered, ownership must be established, or a cash bond posted with the11
selling agent in an amount equal to the approximate value of the12
livestock and payable to the brand committee, before such livestock may13
be removed from the premises. When ownership has been established the14
cash bond shall be returned to the person who or which posted it.15
The shipper or seller of the livestock is required to establish16
ownership of such livestock within sixty days after its sale. If such17
shipper or seller establishes ownership of such livestock, the Nebraska18
Brand Committee shall order the selling agent of such livestock to pay19
the proceeds of sale to the shipper or seller. If such shipper or seller20
fails to establish ownership within the sixty days, such livestock shall21
be considered an estray and the Nebraska Brand Committee shall order the22
selling agent to pay the proceeds of sale over to the brand committee.23
All funds that the brand committee receives from the sale of any estray24
shall be placed in a separate custodial fund known as the estray fund.25
The brand committee shall determine the ownership of estrays that26
originate within the brand inspection area. Such funds shall be disposed27
of in the manner provided in section 54-415. 28
Sec. 32. Section 54-1,124.01, Reissue Revised Statutes of Nebraska,29
is amended to read: 30
54-1,124.01 A person commits a Class III felony if:31
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(1) Such person willfully and knowingly performs or causes to be1
performed any act to: 2
(a) Apply, remove, damage, or alter a an approved nonvisual3
identifier; or 4
(b) Expunge, alter, render inaccessible, or otherwise corrupt5
information recorded or embedded on or in a an approved nonvisual6
identifier; and 7
(2) Such conduct is done with the intent to deprive an owner of8
livestock or falsely assert ownership of livestock.9
Sec. 33. Section 54-1,125, Reissue Revised Statutes of Nebraska, is10
amended to read: 11
54-1,125 (1) Any person who offers as evidence of ownership for any12
livestock sold, traded, or otherwise disposed of as provided in the13
Livestock Protection Brand Act or section 54-415, any forged, altered, or14
otherwise falsely prepared document or form, knowing the same to be15
forged, altered, or otherwise falsely prepared, is guilty of the Class IV16
felony of criminal possession of a forged instrument as defined in17
section 28-604. 18
(2) Any person who forges, alters, or otherwise changes in any19
manner any of the forms or documents which are satisfactory evidence of20
ownership or any other form or document required by or provided for in21
the Livestock Protection Brand Act or section 54-415, is guilty of second22
degree forgery as defined in section 28-603, and shall be punished in23
accordance with such section. 24
(3) Any person who knowingly misrepresents or misuses any25
certificate of inspection or other satisfactory evidence of ownership is26
guilty of a Class II misdemeanor. 27
Sec. 34. Section 54-1,126, Reissue Revised Statutes of Nebraska, is28
amended to read: 29
54-1,126 Any person who violates any provision of the Livestock30
Protection Brand Act is guilty of a Class II misdemeanor unless another31
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penalty is specifically provided for such violation.1
Sec. 35. Section 54-1,127, Reissue Revised Statutes of Nebraska, is2
amended to read: 3
54-1,127 Whenever any person is arrested for a violation of the4
Livestock Protection Brand Act or section 54-415 punishable as a5
misdemeanor, the arresting peace officer shall, except as otherwise6
provided in this section, take the name and address of such person and7
the license number of his or her motor vehicle. The peace officer shall8
issue a summons or otherwise notify him or her in writing to appear at a9
time and place to be specified in such summons or notice. Such time shall10
be at least five days after such arrest, unless the person arrested11
demands an earlier hearing. Such person, if he or she so desires, has a12
right to an immediate hearing or a hearing within twenty-four hours at a13
convenient hour, such hearing to be before a magistrate within the county14
where such offense was committed. The peace officer shall thereupon, and15
upon the giving by such person of his or her written promise to appear at16
such time and place, forthwith release him or her from custody. Any17
person refusing to give such written promise to appear shall be taken18
immediately by the arresting peace officer before the nearest or most19
accessible magistrate. 20
Sec. 36. Section 54-1,128, Reissue Revised Statutes of Nebraska, is21
amended to read: 22
54-1,128 (1) An owner may brand cattle with a brand recorded or23
registered in another state when: 24
(a) Cattle are purchased at a livestock auction market licensed25
under the Livestock Auction Market Act or congregated at another location26
approved by the brand recorder Nebraska Brand Committee;27
(b) The cattle will be imminently exported from Nebraska;28
(c) The cattle are branded at the livestock auction market or other29
approved location; and 30
(d) An out-of-state brand permit has been obtained prior to branding31
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the cattle. 1
(2) An application for an out-of-state brand permit shall be made to2
the brand recorder a brand inspector and shall include a description of3
the brand, a written application, and a fee not to exceed fifty dollars4
as determined by the department. The brand recorder Nebraska Brand5
Committee. A brand inspector shall evaluate and may approve an out-of-6
state brand permit within a reasonable period of time.7
(3) Cattle branded under an out-of-state brand permit shall remain8
subject to all other brand inspection requirements under the Livestock9
Brand Act. 10
(4) A violation of this section is an infraction. A peace officer11
shall have the authority to write a citation, which shall be waivable, to12
offenders in violation of this section. A fine under this section shall13
not exceed two hundred dollars per head for each offense. Violations14
shall be charged in the county in which the offense occurred.15
Sec. 37. Section 54-1,129, Reissue Revised Statutes of Nebraska, is16
amended to read: 17
54-1,129 The owner or operator of any livestock auction market, as18
defined in section 54-1158, or packing plant located in any county19
outside the brand inspection area may voluntarily elect to provide brand20
inspection for all cattle brought to such livestock auction market or21
packing plant from within the brand inspection area upon compliance with22
sections 54-1,129 to 54-1,131. 23
Sec. 38. Section 54-1,131, Reissue Revised Statutes of Nebraska, is24
amended to read: 25
54-1,131 Inspection provided for in sections 54-1,129 to 54-1,13126
shall be conducted in the manner established by the Livestock Protection27
Brand Act. The owner or operator making such election may be required to28
guarantee to the brand recorder Nebraska Brand Committee that inspection29
fees derived from such livestock auction market or packing plant will be30
sufficient, in each twelve-month period, to pay the per diem and mileage31
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of the inspectors required and that he or she will reimburse the1
department committee for any deficit incurred in any such twelve-month2
period. Such guarantee shall be secured by a corporate surety bond, to be3
approved by the Secretary of State, in a penal sum to be established by4
the department Nebraska Brand Committee. 5
Sec. 39. On and after January 1, 2027, positions of employment in6
the Nebraska Brand Committee related to the powers, duties, and functions7
transferred to the department pursuant to this legislative bill are8
transferred to the department. For purposes of the transition, employees9
of the Nebraska Brand Committee shall be considered employees of the10
department and shall retain their rights under the state personnel system11
or pertinent bargaining agreement, and their service shall be deemed12
continuous. This section does not grant any employee any new right or13
benefit that is not otherwise provided by law or bargaining agreement or14
preclude the department or the director from exercising any of the15
prerogatives of management set forth in section 81-1311 or as otherwise16
provided by law. This section is not an amendment to or a substitute for17
the provisions of any existing bargaining agreement.18
Sec. 40. On January 1, 2027, any appropriation and salary limit19
provided in any legislative bill enacted by the One Hundred Ninth20
Legislature to Agency No. 39, Nebraska Brand Committee, shall be null and21
void, and any such amounts are hereby appropriated to Agency No. 18,22
Department of Agriculture: Program No. 75, Division of Brand23
Registration, Brand Inspection, and Livestock Theft Investigation. Any24
financial obligations of the Nebraska Brand Committee that remain unpaid25
as of January 1, 2027, and that are subsequently certified as valid26
encumbrances to the accounting division of the Department of27
Administrative Services pursuant to sections 81-138.01 to 81-138.04,28
shall be paid by the Department of Agriculture from the unexpended29
balance of the appropriation to the Division of Brand Registration, Brand30
Inspection, and Livestock Theft Investigation of the Department of31
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Agriculture on January 1, 2027. 1
Sec. 41. On and after January 1, 2027, whenever the Nebraska Brand2
Committee is referred to or designated by any contract or other document3
in connection with the duties and functions of the department, such4
reference or designation shall apply to the department. All contracts5
entered into by the Nebraska Brand Committee prior to January 1, 2027, in6
connection with the duties and functions of the Nebraska Brand Committee7
that are transferred by this legislative bill are hereby recognized, with8
the department succeeding to all rights and obligations under such9
contracts. Any cash funds, custodial funds, gifts, trusts, grants, and10
appropriations of funds from prior fiscal years available to satisfy11
obligations incurred under such contracts shall be transferred and12
appropriated to such department for the payments of such obligations. All13
documents and records transferred, or copies of the same, may be14
authenticated or certified by such department for all legal purposes.15
Sec. 42. (1) No suit, action, or other proceeding, judicial or16
administrative, lawfully commenced prior to January 1, 2027, or that17
could have been commenced prior to such date, by or against the Nebraska18
Brand Committee, or an employee or agent of the Nebraska Brand Committee19
in such employee's or agent's official capacity or in relation to the20
discharge of his or her official duties, shall abate by reason of the21
transfer of duties and functions from the Nebraska Brand Committee to the22
department. 23
(2) Any suit, action, or other proceeding, judicial or24
administrative, that was lawfully commenced prior to January 1, 2027,25
under the Livestock Brand Act shall be subject to the provisions of the26
act as they existed prior to such date. 27
Sec. 43. (1) On and after January 1, 2027, unless otherwise28
specified, whenever any provision of law refers to the Nebraska Brand29
Committee in connection with duties and functions of the Department of30
Agriculture, such law shall be construed as referring to the Department31
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of Agriculture. 1
(2) All rules and regulations adopted and promulgated prior to2
January 1, 2027, under the Livestock Protection Act shall continue to be3
effective to the extent that such rules and regulations do not conflict4
with the changes made by this legislative bill. 5
(3) All certificates or other forms of approval issued in accordance6
with the Livestock Protection Act prior to January 1, 2027, shall remain7
valid as issued for purposes of the changes made by this legislative bill8
unless revoked or otherwise terminated by law. 9
Sec. 44. Section 54-415, Reissue Revised Statutes of Nebraska, is10
amended to read: 11
54-415 (1) Any person taking up an estray in this state within the12
brand inspection area or brand inspection service area shall report the13
same within seven days thereafter to the Nebraska Brand Committee. Any14
person taking up an estray in any other area of the state shall report15
such estray the same to the county sheriff of the county where the estray16
was taken. If the animal is determined to be an estray by a17
representative of the Nebraska Brand Committee or the county sheriff, as18
the case may be, such animal shall, as promptly as may be practicable, be19
sold through the most convenient livestock auction market. The proceeds20
of such sale, after deducting the selling expenses, shall be paid over to21
the Nebraska Brand Committee to be placed in the estray fund identified22
in section 54-1,118, if such estray was taken up within the brand23
inspection area or brand inspection service area, and otherwise to the24
treasurer of the county in which such estray was taken up.25
(2) During the time such proceeds are impounded, any person taking26
up such estray may file a claim with the Nebraska Brand Committee or the27
county treasurer , as the case may be, for the expense of feeding and28
keeping such estray while in his or her possession. When such claim is29
filed, it shall be the duty of the Nebraska Brand Committee or the county30
board shall , as the case may be, to decide on the validity of the claim31
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so filed and allow the claim for such amount as may be deemed equitable.1
(3) If When the estray is taken up within the brand inspection area2
or brand inspection service area, such proceeds shall be impounded for3
one year, unless ownership is determined sooner by the Nebraska Brand4
Committee, and if ownership is not determined within such one-year5
period, the proceeds shall be paid into the permanent school fund, less6
the actual expenses incurred in the investigation and processing of the7
estray fund. Any amount deducted as actual expenses incurred shall be8
deposited in the Nebraska Brand Inspection and Theft Prevention Fund.9
When the estray is taken up outside the brand inspection area or brand10
inspection service area and ownership of the estray cannot be determined11
by the county board, the county board shall then order payment of the12
balance of the sale proceeds , less expenses, to the permanent school13
fund. 14
(4) If the brand committee or the county board determines ownership15
of an estray sold in accordance with this section by means of evidence of16
ownership other than the owner's recorded Nebraska brand, an amount not17
to exceed the actual investigative costs or expenses may be deducted from18
the proceeds of the sale. 19
(5) Any person who violates this section is guilty of a Class II20
misdemeanor. 21
(6) The definitions found in the Livestock Protection Act sections22
54-171.01 to 54-190 apply to this section. 23
Sec. 45. Section 54-1160.01, Reissue Revised Statutes of Nebraska,24
is amended to read: 25
54-1160.01 The owner or operator of any livestock auction market26
located in any county outside the brand inspection area created in27
section 54-1,109 may voluntarily elect to provide brand inspection as28
provided in sections 54-1,129 to 54-1,131. 29
Sec. 46. Section 60-3,135, Reissue Revised Statutes of Nebraska, is30
amended to read: 31
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60-3,135 (1)(a) Undercover license plates may be issued to federal,1
state, county, city, or village law enforcement agencies and shall be2
used only for legitimate criminal investigatory purposes. Undercover3
license plates may also be issued to the Nebraska State Patrol, the Game4
and Parks Commission, deputy state sheriffs employed under the Livestock5
Protection Act for state law enforcement purposes, deputy state sheriffs6
employed by the Nebraska Brand Committee and State Fire Marshal for state7
law enforcement purposes, persons employed by the Tax Commissioner for8
state revenue enforcement purposes, the Department of Health and Human9
Services for the purposes of communicable disease control, the prevention10
and control of those communicable diseases which endanger the public11
health, the enforcement of drug control laws, or other investigation12
purposes, the Department of Agriculture for special investigative13
purposes, and the Insurance Fraud Prevention Division of the Department14
of Insurance for investigative purposes. Undercover license plates shall15
not be used on personally owned vehicles or for personal use of16
government-owned vehicles. 17
(b) The director shall prescribe a form for agencies to apply for18
undercover license plates. The form shall include a space for the name19
and signature of the contact person for the requesting agency, a20
statement that the undercover license plates are to be used only for21
legitimate criminal investigatory purposes, and a statement that22
undercover license plates are not to be used on personally owned vehicles23
or for personal use of government-owned vehicles. 24
(2) The agency shall include the name and signature of the contact25
person for the agency on the form and pay the fee prescribed in section26
60-3,102. If the undercover license plates will be used for the27
investigation of a specific event rather than for ongoing investigations,28
the agency shall designate on the form an estimate of the length of time29
the undercover license plates will be needed. The contact person in the30
agency shall sign the form and verify the information contained in the31
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form. 1
(3) Upon receipt of a completed form, the director shall determine2
whether the undercover license plates will be used by an approved agency3
for a legitimate purpose pursuant to subsection (1) of this section. If4
the director determines that the undercover license plates will be used5
for such a purpose, he or she may issue the undercover license plates in6
the form and under the conditions he or she determines to be necessary.7
The decision of the director regarding issuance of undercover license8
plates is final. 9
(4) The department shall keep records pertaining to undercover10
license plates confidential, and such records shall not be subject to11
public disclosure. 12
(5) The contact person shall return the undercover license plates to13
the department if: 14
(a) The undercover license plates expire and are not renewed;15
(b) The purpose for which the undercover license plates were issued16
has been completed or terminated; or 17
(c) The director requests their return. 18
(6) A state agency, board, or commission that uses motor vehicles19
from the transportation services bureau of the Department of20
Administrative Services shall notify the bureau immediately after21
undercover license plates have been assigned to the motor vehicle and22
shall provide the equipment and license plate number and the undercover23
license plate number to the bureau. The transportation services bureau24
shall maintain a list of state-owned motor vehicles which have been25
assigned undercover license plates. The list shall be confidential and26
not be subject to public disclosure. 27
(7) The contact person shall be held accountable to keep proper28
records of the number of undercover plates possessed by the agency, the29
particular license plate numbers for each motor vehicle, and the person30
who is assigned to the motor vehicle. This record shall be confidential31
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and not be subject to public disclosure. 1
Sec. 47. Section 60-480.01, Reissue Revised Statutes of Nebraska, is2
amended to read: 3
60-480.01 (1)(a) Undercover drivers' licenses may be issued to4
federal, state, county, city, or village law enforcement agencies and5
shall be used only for legitimate criminal investigatory purposes.6
Undercover drivers' licenses may also be issued to the Nebraska State7
Patrol, the Game and Parks Commission, deputy state sheriffs employed8
under the Livestock Protection Act for state law enforcement purposes,9
deputy state sheriffs employed by the Nebraska Brand Committee and State10
Fire Marshal for state law enforcement purposes, persons employed by the11
Tax Commissioner for state revenue enforcement purposes, the Department12
of Health and Human Services for the purposes of communicable disease13
control, the prevention and control of those communicable diseases which14
endanger the public health, the enforcement of drug control laws, or15
other investigation purposes, the Department of Agriculture for special16
investigative purposes, and the Insurance Fraud Prevention Division of17
the Department of Insurance for investigative purposes. Undercover18
drivers' licenses are not for personal use. 19
(b) The director shall prescribe a form for agencies to apply for20
undercover drivers' licenses. The form shall include a space for the name21
and signature of the contact person for the requesting agency, a22
statement that the undercover drivers' licenses are to be used only for23
legitimate criminal investigatory purposes, and a statement that24
undercover drivers' licenses are not for personal use.25
(2) The agency shall include the name and signature of the contact26
person for the agency on the form and pay the fees prescribed in section27
60-4,115. If the undercover drivers' licenses will be used for the28
investigation of a specific event rather than for ongoing investigations,29
the agency shall designate on the form an estimate of the length of time30
the undercover drivers' licenses will be needed. The contact person in31
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the agency shall sign the form and verify the information contained in1
the form. 2
(3) Upon receipt of a completed form, the director shall determine3
whether the undercover drivers' licenses will be used by an approved4
agency for a legitimate purpose pursuant to subsection (1) of this5
section. If the director determines that the undercover drivers' licenses6
will be used for such a purpose, he or she may issue the undercover7
drivers' licenses in the form and under the conditions he or she8
determines to be necessary. The decision of the director regarding9
issuance of undercover drivers' licenses is final.10
(4) The Department of Motor Vehicles shall keep records pertaining11
to undercover drivers' licenses confidential, and such records shall not12
be subject to public disclosure. Any person who receives information13
pertaining to undercover drivers' licenses in the course of his or her14
employment and who discloses any such information to any unauthorized15
individual shall be guilty of a Class III misdemeanor.16
(5) The contact person shall return the undercover drivers' licenses17
to the Department of Motor Vehicles if: 18
(a) The undercover drivers' licenses expire and are not renewed;19
(b) The purpose for which the undercover drivers' licenses were20
issued has been completed or terminated; 21
(c) The persons for whom the undercover drivers' licenses were22
issued cease to be employees of the agency; or 23
(d) The director requests their return. 24
Sec. 48. Section 81-1021, Reissue Revised Statutes of Nebraska, is25
amended to read: 26
81-1021 (1) All motor vehicles acquired by the State of Nebraska27
except any vehicle rented as a bureau fleet vehicle shall be indelibly28
and conspicuously lettered, in plain letters of a contrasting color or29
reflective material: 30
(a) On each side thereof with the words State of Nebraska and31
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following such words the name of whatever board, department, bureau,1
division, institution, including the University of Nebraska or state2
college, office, or other state expending agency of the state to which3
the motor vehicle belongs; and 4
(b) On the back thereof with the words State of Nebraska.5
(2) This section shall not apply to motor vehicles used or6
controlled by: 7
(a) The Nebraska State Patrol, the Public Service Commission, the8
Game and Parks Commission, deputy state sheriffs employed under the9
Livestock Protection Act for state law enforcement purposes, deputy state10
sheriffs employed by the Nebraska Brand Committee and State Fire Marshal11
for state law enforcement purposes, inspectors employed by the Nebraska12
Liquor Control Commission, and persons employed by the Tax Commissioner13
for state revenue enforcement purposes, the exemption for state law14
enforcement purposes and state revenue enforcement purposes being15
confined strictly to the seven agencies specifically named;16
(b) The Department of Health and Human Services or the Department of17
Correctional Services for the purpose of apprehending and returning18
escaped offenders or parole violators to facilities in the Department of19
Correctional Services and transporting offenders and personnel of the20
Department of Correctional Services and patients and personnel of the21
Department of Health and Human Services who are engaged in off-campus22
program activities; 23
(c) The Military Department; 24
(d) Vocational rehabilitation counselors and the Department of25
Health and Human Services for the purposes of communicable disease26
control, for the prevention and control of those communicable diseases27
which endanger the public health, or used by the Department of Health and28
Human Services in the enforcement of drug control laws or for other29
investigation purposes; 30
(e) The Department of Agriculture for special investigative31
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purposes; 1
(f) The Nebraska Motor Vehicle Industry Licensing Board for2
investigative purposes; 3
(g) The Insurance Fraud Prevention Division of the Department of4
Insurance for investigative purposes; and 5
(h) The Department of Justice. 6
Sec. 49. Section 81-1316, Revised Statutes Supplement, 2025, is7
amended to read: 8
81-1316 (1) All agencies and personnel of state government shall be9
covered by sections 81-1301 to 81-1319 and shall be considered subject to10
the State Personnel System, except the following: 11
(a) All personnel of the office of the Governor;12
(b) All personnel of the office of the Lieutenant Governor;13
(c) All personnel of the office of the Secretary of State;14
(d) All personnel of the office of the State Treasurer;15
(e) All personnel of the office of the Attorney General;16
(f) All personnel of the office of the Auditor of Public Accounts;17
(g) All personnel of the Legislature; 18
(h) All personnel of the court systems; 19
(i) All personnel of the Board of Educational Lands and Funds;20
(j) All personnel of the Public Service Commission;21
(k) All personnel of the Tax Equalization and Review Commission22
Nebraska Brand Committee; 23
(l) All personnel of the Commission of Industrial Relations;24
(m) All personnel of the State Department of Education;25
(n) All personnel of the Nebraska state colleges and the Board of26
Trustees of the Nebraska State Colleges; 27
(o) All personnel of the University of Nebraska;28
(p) All personnel of the Coordinating Commission for Postsecondary29
Education; 30
(q) All personnel of the Governor's Policy Research Office;31
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(r) All personnel of the Commission on Public Advocacy;1
(s) All agency heads; 2
(t)(i) The Director of Behavioral Health of the Division of3
Behavioral Health; (ii) the Director of Children and Family Services of4
the Division of Children and Family Services; (iii) the Director of5
Developmental Disabilities of the Division of Developmental Disabilities;6
(iv) the Director of Medicaid and Long-Term Care of the Division of7
Medicaid and Long-Term Care; and (v) the Director of Public Health of the8
Division of Public Health; 9
(u) The chief medical officer established under section 81-3115, the10
Administrator of the Office of Juvenile Services, and the chief executive11
officers of the Beatrice State Developmental Center, Lincoln Regional12
Center, Norfolk Regional Center, Hastings Regional Center, Central13
Nebraska Veterans' Home, Norfolk Veterans' Home, Eastern Nebraska14
Veterans' Home, Western Nebraska Veterans' Home, and each youth15
rehabilitation and treatment center; 16
(v) The chief executive officers of all facilities operated by the17
Department of Correctional Services and the medical director for the18
department appointed pursuant to section 83-4,156;19
(w) All personnel employed as pharmacists, physicians,20
psychiatrists, or psychologists by the Department of Correctional21
Services; 22
(x) All personnel employed as pharmacists, physicians,23
psychiatrists, psychologists, service area administrators, or facility24
operating officers of the Department of Health and Human Services or the25
Department of Veterans' Affairs; 26
(y) Deputies and examiners of the Department of Banking and Finance27
and the Department of Insurance as set forth in sections 8-105 and28
44-119, except for those deputies and examiners who remain in the State29
Personnel System; 30
(z) All personnel of the Tax Equalization and Review Commission;31
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(z) (aa) The associate director of the Conservation Division of the1
Nebraska State Historical Society and all personnel employed as a2
Conservator I or Conservator II of the Conservation Division of the3
Nebraska State Historical Society; 4
(aa) (bb) Assistant directors and deputies of the Nebraska Public5
Employees Retirement Systems; and 6
(bb) (cc) The Chief Water Officer, assistant directors, and deputies7
of the Department of Water, Energy, and Environment.8
(2) At each agency head's discretion, up to the following number of9
additional positions may be exempted from the State Personnel System,10
based on the following agency size categories: 11
Number of Agency 12 Number of Noncovered
Employees 13 Positions
less than 25 14 0
25 to 100 15 1
101 to 250 16 2
251 to 500 17 3
501 to 1000 18 4
1001 to 2000 19 5
2001 to 3000 20 8
3001 to 4000 21 11
4001 to 5000 22 40
over 5000 23 50
The purpose of having such noncovered positions shall be to allow24
agency heads the opportunity to recruit, hire, and supervise critical,25
confidential, or policymaking personnel without restrictions from26
selection procedures, compensation rules, career protections, and27
grievance privileges. Persons holding the noncovered positions shall28
serve at the pleasure of the agency head and shall be paid salaries set29
by the agency head. An agency with over five thousand employees shall30
provide notice in writing to the Health and Human Services Committee of31
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the Legislature when forty noncovered positions have been filled by the1
agency head pursuant to this subsection. 2
(3) No changes to this section or to the number of noncovered3
positions within an agency shall affect the status of personnel employed4
on the date the changes become operative without their prior written5
agreement. A state employee's career protections or coverage by personnel6
rules and regulations shall not be revoked by redesignation of the7
employee's position as a noncovered position without the prior written8
agreement of such employee. 9
Sec. 50. Section 84-1005, Reissue Revised Statutes of Nebraska, is10
amended to read: 11
84-1005 Subsection (2) of section 84-1001 shall not apply to (1)12
employees of the University of Nebraska, the state colleges, the Nebraska13
Brand Committee, or the Nebraska Oil and Gas Conservation Commission, (2)14
the Superintendent of Law Enforcement and Public Safety, his or her15
deputies and assistants, members of the Nebraska State Patrol, or carrier16
enforcement officers designated under section 60-1303, or (3) the17
employees of the Division of Motor Fuels of the office of the Tax18
Commissioner who render service on such days and maintain such hours as19
the Governor may designate, except that when employees are required to20
work on any day designated as a paid holiday, subsections (4) and (5) of21
section 84-1001 shall apply. 22
Sec. 51. Section 84-1411, Revised Statutes Supplement, 2025, is23
amended to read: 24
84-1411 (1)(a) Except as provided in subsection (9) of this section,25
each public body shall give reasonable advance publicized notice of the26
time and place of each meeting as provided in this subsection. Such27
notice shall be transmitted to all members of the public body and to the28
public. 29
(b)(i) Except as provided in subdivision (1)(b)(ii) of this section,30
in the case of a public body described in subdivision (1)(a)(i) of31
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section 84-1409 or such body's advisory committees, such notice shall be1
given by: 2
(A)(I) Publication in a newspaper of general circulation within the3
public body's jurisdiction that is finalized for printing prior to the4
time and date of the meeting, (II) posting on such newspaper's website,5
if available, and (III) posting on a statewide website, if available,6
established and maintained as a repository for such notices by a majority7
of Nebraska newspapers. Such notice shall be placed in the newspaper and8
on the websites by the newspaper; or 9
(B)(I) Posting to the newspaper's website, if available, and (II)10
posting to a statewide website, if available, established and maintained11
as a repository for such notices by a majority of Nebraska newspapers if12
no edition of a newspaper of general circulation within the public body's13
jurisdiction is to be finalized for printing prior to the time and date14
of the meeting. Such notice shall be placed in the newspaper and on the15
websites by the newspaper. 16
(ii) In the case of the governing body of a city of the second class17
or village, any advisory committee of such governing body, or the18
governing body of a rural or suburban fire protection district, such19
notice shall be given by: 20
(A)(I) Publication in a newspaper of general circulation within the21
public body's jurisdiction that is finalized for printing prior to the22
time and date of the meeting, (II) posting on such newspaper's website,23
if available, and (III) posting on a statewide website, if available,24
established and maintained as a repository for such notices by a majority25
of Nebraska newspapers. Such notice shall be placed in the newspaper and26
on the websites by the newspaper; 27
(B)(I) Posting to the newspaper's website, if available, and (II)28
posting on a statewide website, if available, established and maintained29
as a repository for such notices by a majority of Nebraska newspapers if30
no edition of a newspaper of general circulation within the public body's31
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jurisdiction is to be finalized for printing prior to the time and date1
of the meeting. Such notice shall be placed in the newspaper and on the2
websites by the newspaper; or 3
(C) Posting written notice in three conspicuous public places in4
such city, village, or district. Such notice shall be posted by the5
public body in the same three places for each meeting.6
(iii) In the case of a public body not described in subdivision (1)7
(b)(i) or (ii) of this section, such notice shall be given by a method8
designated by the public body. 9
(iv) In case of refusal, neglect, or inability of the newspaper to10
publish the notice, the public body shall (A) post such notice on its11
website, if available, (B) request the newspaper submit a post on a12
statewide website, if available, established and maintained as a13
repository for such notices by a majority of Nebraska newspapers, and (C)14
post such notice in a conspicuous public place in such public body's15
jurisdiction. The public body shall keep a written record of such posting16
pursuant to subdivision (1)(b)(iv)(A) and (C) of this section and a17
written record of the request to the newspaper pursuant to subdivision18
(1)(b)(iv)(B) of this section. The record of such posting shall be19
evidence that such posting was done as required and shall be sufficient20
to fulfill the requirement of publication. 21
(c) In addition to a method of notice required by subdivision (1)(b)22
(i) or (ii) of this section, such notice may also be provided by any23
other appropriate method designated by such public body or such advisory24
committee. 25
(d) Each public body shall record the methods and dates of such26
notice in its minutes. 27
(e) Such notice shall contain an agenda of subjects known at the28
time of the publicized notice or a statement that the agenda, which shall29
be kept continually current, shall be readily available for public30
inspection at the principal office of the public body during normal31
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business hours. Agenda items shall be sufficiently descriptive to give1
the public reasonable notice of the matters to be considered at the2
meeting. Except for items of an emergency nature, the agenda shall not be3
altered later than (i) twenty-four hours before the scheduled4
commencement of the meeting or (ii) forty-eight hours before the5
scheduled commencement of a meeting of a city council or village board6
scheduled outside the corporate limits of the municipality. The public7
body shall have the right to modify the agenda to include items of an8
emergency nature only at such public meeting. 9
(2)(a) The following entities may hold a meeting by means of virtual10
conferencing if the requirements of subdivision (2)(b) of this section11
are met: 12
(i) A state agency, state board, state commission, state council, or13
state committee, or an advisory committee of any such state entity;14
(ii) An organization, including the governing body, created under15
the Interlocal Cooperation Act, the Joint Public Agency Act, or the16
Municipal Cooperative Financing Act; 17
(iii) The governing body of a public power district having a18
chartered territory of more than one county in this state;19
(iv) The governing body of a public power and irrigation district20
having a chartered territory of more than one county in this state;21
(v) An educational service unit; 22
(vi) The Educational Service Unit Coordinating Council;23
(vii) An organization, including the governing body, of a risk24
management pool or its advisory committees organized in accordance with25
the Intergovernmental Risk Management Act; 26
(viii) A community college board of governors;27
(ix) The Nebraska Brand Committee; 28
(ix) (x) A local public health department; 29
(x) (xi) A metropolitan utilities district; 30
(xi) (xii) A regional metropolitan transit authority; and31
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(xii) (xiii) A natural resources district. 1
(b) The requirements for holding a meeting by means of virtual2
conferencing are as follows: 3
(i) Reasonable advance publicized notice is given as provided in4
subsection (1) of this section, including providing access to a dial-in5
number or link to the virtual conference; 6
(ii) In addition to the public's right to participate by virtual7
conferencing, reasonable arrangements are made to accommodate the8
public's right to attend at a physical site and participate as provided9
in section 84-1412, including reasonable seating, in at least one10
designated site in a building open to the public and identified in the11
notice, with: At least one member of the entity holding such meeting, or12
his or her designee, present at each site; a recording of the hearing by13
audio or visual recording devices; and a reasonable opportunity for14
input, such as public comment or questions, is provided to at least the15
same extent as would be provided if virtual conferencing was not used;16
(iii) At least one copy of all documents being considered at the17
meeting is available at any physical site open to the public where18
individuals may attend the virtual conference. The public body shall also19
provide links to an electronic copy of the agenda, all documents being20
considered at the meeting, and the current version of the Open Meetings21
Act; and 22
(iv) Except as otherwise provided in this subdivision, subsection23
(1) of section 70-1014, subsection (2) of section 70-1014.02, or24
subsection (4) of section 79-2204, no more than one-half of the meetings25
of the state entities, advisory committees, boards, councils,26
organizations, or governing bodies are held by virtual conferencing in a27
calendar year. In the case of (A) an organization created under the28
Interlocal Cooperation Act that sells electricity or natural gas, (B) an29
organization created under the Municipal Cooperative Financing Act, (C) a30
governing body of a risk management pool and any advisory committee of31
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such governing body, or (D) any advisory committee of any state entity1
created in response to the Opioid Prevention and Treatment Act, such2
organization, governing body, or committee may hold more than one-half of3
its meetings by virtual conferencing if such organization holds at least4
one meeting each calendar year that is not by virtual conferencing.5
(3) Virtual conferencing, emails, faxes, or other electronic6
communication shall not be used to circumvent any of the public7
government purposes established in the Open Meetings Act.8
(4) The secretary or other designee of each public body shall9
maintain a list of the news media requesting notification of meetings and10
shall make reasonable efforts to provide advance notification to them of11
the time and place of each meeting and the subjects to be discussed at12
that meeting. 13
(5) When it is necessary to hold an emergency meeting without14
reasonable advance public notice, the nature of the emergency shall be15
stated in the minutes and any formal action taken in such meeting shall16
pertain only to the emergency. Such emergency meetings may be held by17
virtual conferencing. The provisions of subsection (4) of this section18
shall be complied with in conducting emergency meetings. Complete minutes19
of such emergency meetings specifying the nature of the emergency and any20
formal action taken at the meeting shall be made available to the public21
by no later than the end of the next regular business day.22
(6) A public body may allow a member of the public or any other23
witness to appear before the public body by means of virtual24
conferencing. 25
(7)(a) Notwithstanding subsections (2) and (5) of this section, if26
an emergency is declared by the Governor pursuant to the Emergency27
Management Act as defined in section 81-829.39, a public body the28
territorial jurisdiction of which is included in the emergency29
declaration, in whole or in part, may hold a meeting by virtual30
conferencing during such emergency if the public body gives reasonable31
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advance publicized notice as described in subsection (1) of this section.1
The notice shall include information regarding access for the public and2
news media. In addition to any formal action taken pertaining to the3
emergency, the public body may hold such meeting for the purpose of4
briefing, discussion of public business, formation of tentative policy,5
or the taking of any action by the public body. 6
(b) The public body shall provide access by providing a dial-in7
number or a link to the virtual conference. The public body shall also8
provide links to an electronic copy of the agenda, all documents being9
considered at the meeting, and the current version of the Open Meetings10
Act. Reasonable arrangements shall be made to accommodate the public's11
right to hear and speak at the meeting and record the meeting. Subsection12
(4) of this section shall be complied with in conducting such meetings.13
(c) The nature of the emergency shall be stated in the minutes.14
Complete minutes of such meeting specifying the nature of the emergency15
and any formal action taken at the meeting shall be made available for16
inspection as provided in subsection (5) of section 84-1413.17
(8) In addition to any other statutory authorization for virtual18
conferencing, any public body not listed in subdivision (2)(a) of this19
section may hold a meeting by virtual conferencing if:20
(a) The purpose of the virtual meeting is to discuss items that are21
scheduled to be discussed or acted upon at a subsequent non-virtual open22
meeting of the public body; 23
(b) No action is taken by the public body at the virtual meeting;24
and 25
(c) The public body complies with subdivisions (2)(b)(i) and (ii) of26
this section. 27
(9) This section does not apply to a meeting of the Nebraska Power28
Review Board or a public power district, a public power and irrigation29
district, an electric membership association, an electric cooperative30
company, a municipality having a generation and distribution system, or a31
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registered group of municipalities if such meeting is subject to section1
70-1034. 2
Sec. 52. This act becomes operative on January 1, 2027.3
Sec. 53. Original sections 11-201, 54-170, 54-171, 54-171.01,4
54-172, 54-176, 54-179, 54-180, 54-182, 54-187.01, 54-193, 54-194,5
54-196, 54-197, 54-198, 54-199, 54-1,100, 54-1,101, 54-1,102, 54-1,103,6
54-1,104, 54-1,105, 54-1,108, 54-1,115, 54-1,116, 54-1,118, 54-1,124.01,7
54-1,125, 54-1,126, 54-1,127, 54-1,128, 54-1,129, 54-1,131, 54-415,8
54-1160.01, 60-3,135, 60-480.01, 81-1021, and 84-1005, Reissue Revised9
Statutes of Nebraska, and sections 81-1316 and 84-1411, Revised Statutes10
Supplement, 2025, are repealed. 11
Sec. 54. The following sections are outright repealed: Sections12
54-175, 54-175.01, 54-179.01, 54-179.02, 54-179.03, 54-179.04, 54-186,13
54-187.02, 54-188, 54-191, 54-192, 54-195, 54-1,106, 54-1,109, 54-1,110,14
54-1,111, 54-1,112, 54-1,113, 54-1,114, 54-1,117, 54-1,119, 54-1,120,15
54-1,121, and 54-1,122, Reissue Revised Statutes of Nebraska.16
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