Read the full stored bill text
LEGISLATIVE BILL 888
Approved by the Governor April 14, 2026
Introduced by Clouse, 37.
A BILL FOR AN ACT relating to the Public Service Commission; to amend section
75-156, Revised Statutes Supplement, 2025; to change civil penalties
assessed for violations of the Nebraska Uniform Standards for Modular
Housing Units Act, the Uniform Standard Code for Manufactured Homes and
Recreational Vehicles, and certain rules, regulations, and orders; and to
repeal the original section.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 75-156, Revised Statutes Supplement, 2025, is amended
to read:
75-156 (1) In addition to other penalties and relief provided by law, the
Public Service Commission may, upon a finding that the violation is proven by
clear and convincing evidence, assess a civil penalty of up to ten thousand
dollars per day against any person, motor carrier, regulated motor carrier,
common carrier, contract carrier, licensee, grain dealer, or grain warehouse
operator for each violation of (a) any provision of the laws of this state
within the jurisdiction of the commission as enumerated in section 75-109.01,
(b) any term, condition, or limitation of any certificate, permit, license, or
authority issued by the commission pursuant to the laws of this state within
the jurisdiction of the commission as enumerated in section 75-109.01, or (c)
any rule, regulation, or order of the commission issued under authority
delegated to the commission pursuant to the laws of this state within the
jurisdiction of the commission as enumerated in section 75-109.01.
(2) In addition to other penalties and relief provided by law, the Public
Service Commission may, upon a finding that the violation is proven by clear
and convincing evidence, assess a civil penalty not less than one hundred
dollars and not more than one thousand dollars against any jurisdictional
utility for each violation of (a) any provision of the State Natural Gas
Regulation Act, (b) any rule, regulation, order, or lawful requirement issued
by the commission pursuant to the act, (c) any final judgment or decree made by
any court upon appeal from any order of the commission, or (d) any term,
condition, or limitation of any certificate issued by the commission issued
under authority delegated to the commission pursuant to the act. The amount of
the civil penalty assessed in each case shall be based on the severity of the
violation charged. The commission may compromise or mitigate any penalty prior
to hearing if all parties agree. In determining the amount of the penalty, the
commission shall consider the appropriateness of the penalty in light of the
gravity of the violation and the good faith of the violator in attempting to
achieve compliance after notification of the violation is given.
(3) In addition to other penalties and relief provided by law, the Public
Service Commission may, upon a finding that the violation is proven by clear
and convincing evidence, assess a civil penalty of up to ten thousand dollars
per day against any wireless carrier for each violation of the 911 Service
System Act or any rule, regulation, or order of the commission issued under
authority delegated to the commission pursuant to the act.
(4)(a) (4) In addition to other penalties and relief provided by law, the
Public Service Commission may, upon a finding that the violation is proven by
clear and convincing evidence, assess a civil penalty that does not exceed the
maximum civil penalty under subdivision (b) of this subsection of up to one
thousand dollars against any person for each violation of the Nebraska Uniform
Standards for Modular Housing Units Act or the Uniform Standard Code for
Manufactured Homes and Recreational Vehicles or any rule, regulation, or order
of the commission issued under the authority delegated to the commission
pursuant to either act. Each such violation shall constitute a separate
violation with respect to each modular housing unit, manufactured home, or
recreational vehicle, except that the maximum civil penalty shall not exceed
the maximum civil penalty under subdivision (b) of this subsection one million
dollars for any related series of violations occurring within one year from the
date of the first violation.
(b)(i) For purposes of this subdivision (b):
(A) Consumer Price Index means the Consumer Price Index for All Urban
Consumers, as published by the United States Department of Labor, Bureau of
Labor Statistics; and
(B) CPI percentage difference means the percentage by which the Consumer
Price Index for the month of October of the most recent previous year exceeds
the Consumer Price Index for the month of October of the second-most recent
previous year.
(ii) The maximum civil penalty under this subsection is initially
established at three thousand six hundred fifty dollars per violation and at
four million five hundred sixty-two thousand two hundred eighty-two dollars for
any related series of violations occurring within one year from the date of the
first violation.
(iii) On August 1 of each year, the Public Service Commission shall adjust
LB888
2026
LB888
2026
-1-
the maximum civil penalty by the CPI percentage difference. The adjusted amount
shall be rounded to the nearest dollar.
(5) The civil penalty assessed under this section shall not exceed two
million dollars per year for each violation except as provided in subsection
(4) of this section. The amount of the civil penalty assessed in each case
shall be based on the severity of the violation charged. The commission may
compromise or mitigate any penalty prior to hearing if all parties agree. In
determining the amount of the penalty, the commission shall consider the
appropriateness of the penalty in light of the gravity of the violation and the
good faith of the violator in attempting to achieve compliance after
notification of the violation is given.
(6) Upon notice and hearing in accordance with this section and section
75-157, the commission may enter an order assessing a civil penalty of up to
one hundred dollars against any person, firm, partnership, limited liability
company, corporation, cooperative, or association for failure to file an annual
report or pay the fee as required by section 75-116 and as prescribed by
commission rules and regulations or for failure to register as required by
section 86-125 and as prescribed by commission rules and regulations. Each day
during which the violation continues after the commission has issued an order
finding that a violation has occurred constitutes a separate offense. Any party
aggrieved by an order of the commission under this section may appeal. The
appeal shall be in accordance with section 75-136.
(7) When any person or party is accused of any violation listed in this
section, the commission shall notify such person or party in writing (a)
setting forth the date, facts, and nature of each act or omission upon which
each charge of a violation is based, (b) specifically identifying the
particular statute, certificate, permit, rule, regulation, or order purportedly
violated, (c) that a hearing will be held and the time, date, and place of the
hearing, (d) that in addition to the civil penalty, the commission may enforce
additional penalties and relief as provided by law, and (e) that upon failure
to pay any civil penalty determined by the commission, the penalty may be
collected by civil action in the district court of Lancaster County.
Sec. 2. Original section 75-156, Revised Statutes Supplement, 2025, is
repealed.
LB888
2026
LB888
2026
-2-