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LEGISLATIVE BILL 905
Approved by the Governor April 14, 2026
Introduced by Arch, 14.
A BILL FOR AN ACT relating to state government; to amend sections 2-1814,
2-1816, 38-315, 38-317, 39-2108, 49-1499.02, 71-7010, 71-7013, 72-813,
72-814, 72-815, 72-816, 72-818, 81-1117, 81-1120.17, 81-15,212, 81-15,214,
81-15,215, 81-15,217, 81-15,218, 81-15,221, 81-15,224, 81-15,230,
81-15,231, 85-1002, 85-1005, 86-502, 86-515, 86-522, 86-523, 86-572, and
90-203, Reissue Revised Statutes of Nebraska, sections 39-2310, 43-4215,
43-4217, and 66-4,100, Revised Statutes Cumulative Supplement, 2024, and
sections 38-167, 38-204, 38-308, 38-605, 38-703, 38-904, 38-2120, 38-2213,
38-2214, 38-2216, 38-2306, 39-2106, 39-2301.01, 43-4203, 43-4513, 71-814,
71-5310, 71-7107, 71-7108, 71-7109, 71-7110, 72-811, 81-1108.41, 81-1430,
81-1431, 81-15,160, 81-15,210, 81-15,229, 85-1643, and 86-516, Revised
Statutes Supplement, 2025; to eliminate the Nebraska Potato Development
Act and provisions related to the Nebraska Potato Development Committee,
the Nebraska Potato Development Fund, and the Division of Potato
Development in the Department of Agriculture; to change and eliminate
provisions related to the Climate Assessment Response Committee, the
Nebraska Aquaculture Board, the Board of Advanced Practice Registered
Nurses, the Board of Alcohol and Drug Counseling, the Board of Examiners
for County Highway and City Street Superintendents, the Children's
Behavioral Health Task Force, the Foster Care Reimbursement Rate
Committee, the Bridge to Independence Advisory Committee, the Natural Gas
Fuel Board, the Women's Health Initiative Advisory Council, the Women's
Health Initiative Fund, the State Advisory Committee on Substance Abuse
Services, the Veterinary Prescription Monitoring Program Task Force, the
Advisory Council on Public Water Supply, the Breast and Cervical Cancer
Advisory Committee, the Critical Incident Stress Management Council, the
Vacant Building and Excess Land Committee, the Governor's Residence
Advisory Commission, the State Comprehensive Capital Facilities Planning
Committee, the technical panel for the Nebraska Information Technology
Commission, the Suggestion Award Board, the human trafficking task force
within the Nebraska Commission on Law Enforcement and Criminal Justice,
the State Emergency Response Commission, the Private Onsite Wastewater
Treatment System Advisory Committee, the National Statuary Hall of the
United States Capitol, the Willa Cather National Statuary Hall Cash Fund,
the Chief Standing Bear National Statuary Hall Cash Fund, the Nebraska
Safety Center Advisory Council, the technical panel for the Nebraska
Information Technology Commission, the Rural Broadband Task Force, and the
Rural Broadband Task Force Fund; to eliminate provisions regarding a solid
waste management study and advisory committee and a private postsecondary
career school advisory council; to eliminate penalties and obsolete
provisions; to harmonize provisions; to provide an operative date; to
repeal the original sections; to outright repeal sections 2-1802, 2-1804,
2-1805, 2-1806, 2-1807, 2-1808, 2-1809, 2-1810, 2-1811, 2-1812, 2-4902,
2-5002, 2-5005, 2-5006, 72-2102, 72-2104, 72-2105, 81-15,195, 81-15,211,
82-701, 82-702, 82-704, 82-705, and 82-707, Reissue Revised Statutes of
Nebraska, sections 39-2305 and 72-2103, Revised Statutes Cumulative
Supplement, 2024, and sections 2-1801, 2-1803, 2-1826, 2-4901, 2-5001,
2-5003, 38-205, 38-310, 39-2304, 43-4001, 43-4216, 66-2001, 71-702,
71-705, 71-706, 71-815, 71-2454.01, 71-5311, 71-7012, 72-812, 72-2101,
81-1139.02, 81-1348, 81-15,159.01, 81-15,245, 81-15,246, 82-703, 82-706,
85-1008, 85-1607, 86-511, 86-521, 86-1101, 86-1102, and 86-1103, Revised
Statutes Supplement, 2025; and to declare an emergency.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 2-1814, Reissue Revised Statutes of Nebraska, is
amended to read:
2-1814 For purposes of the Nebraska Potato Inspection Act As used in
sections 2-1813 to 2-1825, unless the context otherwise requires:
(1) Department means shall mean the Department of Agriculture;
(2) Director means shall mean the Director of Agriculture;
(3) Nebraska Potato Development Committee shall mean the advisory
committee established by section 2-1803;
(3) (4) Commercial potato growing area means shall mean a geographic area
in which potatoes are produced and offered for sale in commercial quantities;
(4) (5) Commercial shipment means (a) shall mean any potatoes shipped in
commerce or processed and destined for human consumption , and (b) noncertified
seed potatoes shipped out of the state;
(5) (6) Commercial potato acreage means shall mean a potato field of three
acres or more; and
(6) Person means and includes any natural person, firm, partnership,
limited liability company, association, or corporation;
(7) Potato grower means the actual grower within the State of Nebraska of
at least three acres of potatoes during the crop year;
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(8) Potato shipper means and includes any person engaged in the business
of shipping potatoes who, in any calendar year, sells one hundred eighty
thousand pounds of potatoes grown in Nebraska, including potato growers who
sell one hundred eighty thousand pounds of potatoes not through licensed
shippers and any person who utilizes for any purpose in any calendar year one
hundred eighty thousand pounds of potatoes grown in Nebraska not purchased from
licensed shippers; and
(9) (7) Preceding crop year means shall mean the last calendar year for
which official acreage statistics have been compiled by the state-federal
division of agricultural statistics.
Sec. 2. Section 2-1816, Reissue Revised Statutes of Nebraska, is amended
to read:
2-1816 Any person, for the purpose of obtaining information relative to
the cost of potato inspection and grading services for a designated area, may
request in writing that an estimate be prepared by the director of the costs of
such a service. The director may consult with the Nebraska Potato Development
Committee to establish an estimated inspection fee based upon the inspector's
salary, mileage and other travel expenses, cost of inspection certificates, and
other necessary expenses to cover the inspection service and the administration
thereof.
To establish compulsory inspection of commercial shipments of potatoes in
a designated area, a petition, signed by potato growers representing fifty-one
percent or more of the commercial potato acreage of the last preceding crop
year, with an estimate of inspection costs attached, may be presented to the
director requesting that all commercial shipments of potatoes originating in
the designated area be officially inspected and graded by the department at the
point of origin or at locations approved by the director. The director shall
fix a time and place for hearing on the petition and shall publish notice
thereof in a newspaper having general circulation in the area designated in the
petition for three consecutive weeks. At the time and place established by such
notice, the director or the director's his or her designate shall hold a public
hearing upon the petition at which time evidence will be taken in support of or
in opposition to the petition. If the evidence reveals that potato growers
representing fifty-one percent or more of the commercial potato acreage of the
last preceding crop year are in favor of the compulsory program set forth in
the petition request, the director shall enter an order establishing compulsory
inspection of commercial shipments of potatoes in the area designated in the
petition. A petition to terminate compulsory inspection, signed by potato
growers representing fifty-one percent or more of the commercial potato acreage
of the last preceding crop year, may be filed with the director at any time and
such petition shall be set for public hearing in the manner provided in this
section aforesaid. If the director finds from the evidence submitted at such
hearing to terminate inspection services that the petition to terminate
represents fifty-one percent or more of the commercial potato acreage of the
last preceding crop year, the director he or she shall enter an order declaring
that compulsory potato inspection is terminated. In order to determine the
commercial potato acreage of the last preceding crop year, the director shall
use the tabulated crop acreage reports of the county assessors, compiled by the
state-federal division of agricultural statistics.
Sec. 3. Section 38-167, Revised Statutes Supplement, 2025, is amended to
read:
38-167 (1) Boards shall be designated as follows:
(a) Prior to July 1, 2026, Board of Advanced Practice Registered Nurses;
(b) Prior to July 1, 2026, Board of Alcohol and Drug Counseling;
(a) (c) Board of Athletic Training;
(b) (d) Board of Audiology and Speech-Language Pathology;
(c) (e) Board of Behavior Analysts;
(d) (f) Board of Chiropractic;
(e) (g) Board of Cosmetology, Electrology, Esthetics, Nail Technology, and
Body Art;
(f) (h) Board of Dentistry;
(g) (i) Board of Emergency Medical Services;
(h) (j) Board of Registered Environmental Health Specialists;
(i) (k) Board of Funeral Directing and Embalming;
(j) (l) Board of Hearing Instrument Specialists;
(k) (m) Board of Massage Therapy;
(l) (n) Board of Medical Nutrition Therapy;
(m) (o) Board of Medical Radiography;
(n) (p) Board of Medicine and Surgery;
(o) (q) Board of Mental Health Practice;
(p) (r) Board of Nursing;
(q) (s) Board of Nursing Home Administration;
(r) (t) Board of Occupational Therapy Practice;
(s) (u) Board of Optometry;
(t) (v) Board of Pharmacy;
(u) (w) Board of Physical Therapy;
(v) (x) Board of Podiatry;
(w) (y) Board of Psychology;
(x) (z) Board of Respiratory Care Practice; and
(y) (aa) Board of Veterinary Medicine and Surgery.
(2) Any change made by the Legislature of the names of boards listed in
this section shall not change the membership of such boards or affect the
validity of any action taken by or the status of any action pending before any
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of such boards. Any such board newly named by the Legislature shall be the
direct and only successor to the board as previously named.
Sec. 4. Section 38-204, Revised Statutes Supplement, 2025, is amended to
read:
38-204 Board Prior to July 1, 2026, board means the Board of Advanced
Practice Registered Nurses. Beginning July 1, 2026, board means the Board of
Nursing.
Sec. 5. Section 38-308, Revised Statutes Supplement, 2025, is amended to
read:
38-308 Board Prior to July 1, 2026, board means the Board of Alcohol and
Drug Counseling. Beginning July 1, 2026, board means the Board of Mental Health
Practice.
Sec. 6. Section 38-315, Reissue Revised Statutes of Nebraska, is amended
to read:
38-315 (1)(a) The practical training supervisor for supervised practical
training required under section 38-314 shall hold one of the following
credentials:
(i) Licensure as an alcohol and drug counselor;
(ii) If the practical training is acquired outside of Nebraska, a
reciprocity level alcohol and drug counselor credential issued by a member
jurisdiction of the International Certification and Reciprocity Consortium,
Alcohol and Other Drug Abuse, Inc., or its successor; or
(iii) Licensure as a physician or psychologist under the Uniform
Credentialing Act, or an equivalent credential from another jurisdiction, and
sufficient training as determined by the Board of Medicine and Surgery for
physicians or the Board of Psychologists for psychologists, in consultation
with the Board of Mental Health Practice Alcohol and Drug Counseling, and
adopted and promulgated by the department in rules and regulations.
(b) The practical training supervisor shall not be a family member.
(c) The credential requirement of this subsection applies to the work
setting supervisor and not to a practicum coordinator or instructor of a
postsecondary educational institution.
(2) The practical training supervisor shall assume responsibility for the
performance of the individual in training and shall be onsite at the work
setting when core function activities are performed by the individual in
training. A minimum of one hour of evaluative face-to-face supervision for each
ten hours of core function performance shall be documented. Supervisory methods
shall include, as a minimum, individual supervisory sessions, formal case
staffings, and conjoint, cotherapy sessions. Supervision shall be directed
towards teaching the knowledge and skills of professional alcohol and drug
counseling.
Sec. 7. Section 38-317, Reissue Revised Statutes of Nebraska, is amended
to read:
38-317 (1)(a) The clinical supervisor for supervised clinical work
experience under section 38-316 shall hold one of the following credentials:
(i) Licensure as an alcohol and drug counselor;
(ii) If the clinical work is acquired outside of Nebraska, a reciprocity
level alcohol and drug counselor credential issued by a member jurisdiction of
the International Certification and Reciprocity Consortium, Alcohol and Other
Drug Abuse, Inc., or its successor;
(iii) The highest level alcohol and drug counselor credential issued by a
jurisdiction that is not a member of the International Certification and
Reciprocity Consortium, Alcohol and Other Drug Abuse, Inc., or its successor if
the credential is based on education, experience, and examination that is
substantially similar to the license issued in this state as determined by the
board; or
(iv) Licensure as a physician or psychologist under the Uniform
Credentialing Act, or an equivalent credential from another jurisdiction, and
sufficient training as determined by the Board of Medicine and Surgery for
physicians or the Board of Psychologists for psychologists, in consultation
with the Board of Mental Health Practice Alcohol and Drug Counseling, and
adopted and promulgated by the department in rules and regulations.
(b) The clinical supervisor shall be formally affiliated with the program
or agency in which the work experience is gained.
(c) The clinical supervisor shall not be a family member.
(2) There shall be one hour of evaluative face-to-face clinical
supervision for each forty hours of paid alcohol and drug counseling work
experience. The format for supervision shall be either one-on-one or small
group. Methods of supervision may include case review and discussion or direct
observation of a counselor's clinical work.
Sec. 8. Section 38-605, Revised Statutes Supplement, 2025, is amended to
read:
38-605 Board Prior to July 1, 2026, board means the Board of Advanced
Practice Registered Nurses. Beginning July 1, 2026, board means the Board of
Nursing.
Sec. 9. Section 38-703, Revised Statutes Supplement, 2025, is amended to
read:
38-703 Board Prior to July 1, 2026, board means the Board of Advanced
Practice Registered Nurses. Beginning July 1, 2026, board means the Board of
Nursing.
Sec. 10. Section 38-904, Revised Statutes Supplement, 2025, is amended to
read:
38-904 Board Prior to July 1, 2026, board means the Board of Advanced
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Practice Registered Nurses. Beginning July 1, 2026, board means the Board of
Nursing.
Sec. 11. Section 38-2120, Revised Statutes Supplement, 2025, is amended to
read:
38-2120 (1) This subsection applies prior to July 1, 2026. The board
shall consist of nine professional members and two public members appointed
pursuant to section 38-158. The members shall meet the requirements of sections
38-164 and 38-165. Two professional members shall be certified master social
workers, two professional members shall be certified professional counselors,
two professional members shall be certified marriage and family therapists, one
professional member shall be a certified art therapist, and two professional
members shall be licensed mental health practitioners that do not hold an
associated certification.
The (2) Beginning July 1, 2026, the board shall consist of eleven
professional members and three public members appointed pursuant to section
38-158. The members shall meet the requirements of sections 38-164 and 38-165.
Two professional members shall be certified master social workers, two
professional members shall be certified professional counselors, two
professional members shall be certified marriage and family therapists, one
professional member shall be a certified art therapist, two professional
members shall be licensed mental health practitioners that do not hold an
associated certification, and two professional members shall be licensed
alcohol and drug counselors.
Sec. 12. Section 38-2213, Revised Statutes Supplement, 2025, is amended to
read:
38-2213 (1) Prior to July 1, 2026, the board shall consist of eight
registered nurse members, two licensed practical nurse members, and two public
members. The registered nurses on the board shall be from the following areas:
(a) One practical nurse educator; (b) one associate degree or diploma nurse
educator; (c) one baccalaureate nurse educator; (d) two nursing service
administrators; (e) two staff nurses; and (f) one advanced practice registered
nurse.
(1) The (2) Beginning July 1, 2026, the board shall consist of ten
registered nurse members, two licensed practical nurse members, and three
public members. The registered nurses on the board shall be from the following
areas: (a) One practical nurse educator; (b) one associate degree or diploma
nurse educator; (c) one baccalaureate nurse educator; (d) one nursing service
administrator; (e) two staff nurses; and (f) four advanced practice registered
nurses.
(2) (3) The State Board of Health shall attempt to ensure that the
membership of the Board of Nursing is representative of acute care, long-term
care, and community-based care. A minimum of three and a maximum of five
members shall be appointed from each congressional district, and each member
shall have been a bona fide resident of the congressional district from which
he or she is appointed for a period of at least one year prior to the time of
the appointment of such member.
Sec. 13. Section 38-2214, Revised Statutes Supplement, 2025, is amended to
read:
38-2214 (1) Each licensed practical nurse educator on the board shall (a)
be a registered nurse currently licensed in the state, (b) have graduated with
a graduate degree in nursing or a related field of study, (c) have had a
minimum of five years' experience in administration, teaching, or consultation
in practical nurse education, and (d) be currently employed as a practical
nurse educator.
(2) Each associate degree or diploma nurse educator on the board and the
baccalaureate nurse educator on the board shall (a) be a registered nurse
currently licensed in the state, (b) have graduated with a graduate degree in
nursing, (c) have had a minimum of five years' experience in administration,
teaching, or consultation in nursing education, and (d) be currently employed
in the field being represented.
(3) Each staff nurse on the board shall (a) be a registered nurse
currently licensed in the state, (b) have had a minimum of five years'
experience in nursing, and (c) be currently employed as a staff nurse in the
provision of patient care services.
(4) Each nursing service administrator on the board shall (a) be a
registered nurse currently licensed in the state, (b) have had a minimum of
five years' experience in nursing service administration, and (c) be currently
employed in such field.
(5) Each licensed practical nurse member shall (a) have completed at least
four years of high school study, (b) be licensed as a licensed practical nurse
in this state, (c) have obtained a certificate or diploma from a state-approved
practical nursing program, (d) have been actively engaged in practical nursing
for at least five years, and (e) be currently employed in the provision of
patient care services as a licensed practical nurse in the state.
(6) Each public member shall meet the requirements of section 38-165.
(7)(a) Each advanced practice registered nurse on the board shall (i) have
a minimum of five years' experience as an advanced practice registered nurse,
(ii) be currently employed as an advanced practice registered nurse, and (iii)
be licensed as an advanced practice registered nurse.
(b) The Beginning July 1, 2026, the preferred representation of the
advanced practice registered nurses on the board includes one certified
registered nurse anesthetist, one nurse practitioner, one clinical nurse
specialist, and one certified nurse midwife. If such representation is not
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possible, any vacancy under subdivision (1)(f) (2)(f) of section 38-2213 may be
filled based on the composition of the applicant pool for the vacant advanced
practice registered nurse position on the board.
(c) The appointment of advanced practice registered nurses to fill the
vacancies as of July 1, 2026, shall be made so that one of the four advanced
practice registered nurse members serves until December 1, 2028, one serves
until December 1, 2029, one serves until December 1, 2030, and one serves until
December 1, 2031, or as close thereto as possible. Subsequent appointments of
advanced practice registered nurses shall be for five-year terms as provided in
section 38-163.
Sec. 14. Section 38-2216, Revised Statutes Supplement, 2025, is amended to
read:
38-2216 In addition to the duties listed in sections 38-126 and 38-161,
the board shall:
(1) Adopt reasonable and uniform standards for nursing practice and
nursing education;
(2) If requested, issue or decline to issue advisory opinions defining
acts which in the opinion of the board are or are not permitted in the practice
of nursing. Such opinions shall be considered informational only and are
nonbinding. Practice-related information provided by the board to registered
nurses or licensed practical nurses licensed under the Nurse Practice Act shall
be made available by the board on request to nurses practicing in this state
under a license issued by a state that is a party to the Nurse Licensure
Compact;
(3) Establish rules and regulations for approving and classifying programs
preparing nurses, taking into consideration administrative and organizational
patterns, the curriculum, students, student services, faculty, and
instructional resources and facilities, and provide surveys for each
educational program as determined by the board;
(4) Approve educational programs which meet the requirements of the Nurse
Practice Act;
(5) Keep a record of all its proceedings and compile an annual report for
distribution;
(6) Adopt rules and regulations establishing standards for delegation of
nursing activities, including training or experience requirements, competency
determination, and nursing supervision;
(7) Collect data regarding nursing;
(8) Provide consultation and conduct conferences, forums, studies, and
research on nursing practice and education;
(9) Join organizations that develop and regulate the national nursing
licensure examinations and exclusively promote the improvement of the legal
standards of the practice of nursing for the protection of the public health,
safety, and welfare;
(10) Administer the Nurse Licensure Compact. In reporting information to
the coordinated licensure information system under Article VII of the compact,
the department may disclose personal identifying information about a nurse,
including his or her social security number; and
(11) Beginning July 1, 2026:
(11) (a) Establish standards for integrated practice agreements between
collaborating physicians and certified nurse midwives;
(12) (b) Monitor the scope of practice by certified nurse midwives,
certified registered nurse anesthetists, clinical nurse specialists, and nurse
practitioners;
(13) (c) Recommend disciplinary action relating to licenses of advanced
practice registered nurses, certified nurse midwives, certified registered
nurse anesthetists, clinical nurse specialists, and nurse practitioners;
(14) (d) Engage in other activities not inconsistent with the Advanced
Practice Registered Nurse Practice Act, the Certified Nurse Midwifery Practice
Act, the Certified Registered Nurse Anesthetist Practice Act, the Clinical
Nurse Specialist Practice Act, and the Nurse Practitioner Practice Act; and
(15) (e) Adopt rules and regulations to implement the Advanced Practice
Registered Nurse Practice Act, the Certified Nurse Midwifery Practice Act, the
Certified Registered Nurse Anesthetist Practice Act, the Clinical Nurse
Specialist Practice Act, and the Nurse Practitioner Practice Act, for
promulgation by the department as provided in section 38-126. Such rules and
regulations shall also include (a) (i) approved certification organizations and
certification programs and (b) (ii) professional liability insurance.
Sec. 15. Section 38-2306, Revised Statutes Supplement, 2025, is amended to
read:
38-2306 Board Prior to July 1, 2026, board means the Board of Advanced
Practice Registered Nurses. Beginning July 1, 2026, board means the Board of
Nursing.
Sec. 16. Section 39-2106, Revised Statutes Supplement, 2025, is amended to
read:
39-2106 (1) There is hereby established the Board of Public Roads
Classifications and Standards which shall consist of eleven members to be
appointed by the Governor with the approval of the Legislature. Any member
serving on the Board of Examiners of County Highway and City Street
Superintendents on June 30, 2026, shall be presumptively eligible to serve on
the Board of Public Roads Classifications and Standards without meeting the
criteria of subsections (2) through (6) of this section. Any presumptively
eligible member shall serve for a term of four years from the date when he or
she became a member of the board and may be reappointed by the Governor. The
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board shall assist in developing the functional classification system under
sections 39-2101 to 39-2125 and shall . Beginning July 1, 2026, another duty of
the board shall be to have sole responsibility for overseeing the County
Highway and City Street Superintendents Act.
(2) Of the members of such board:
(a) Two shall be representatives of the Department of Transportation;
(b) Three shall be representatives of the counties. One of such members
shall be a county highway superintendent licensed pursuant to the County
Highway and City Street Superintendents Act , and two of such members shall be
county board members;
(c) Three shall be representatives of the municipalities. One Prior to
July 1, 2026, each of such members shall be a city engineer, village engineer,
public works director, city manager, city administrator, street commissioner,
or city street superintendent licensed pursuant to the County Highway and City
Street Superintendents Act. Beginning July 1, 2026, one of such members shall
be a city street superintendent licensed pursuant to the County Highway and
City Street Superintendents Act, and the remaining representatives of
municipalities shall be a city engineer, village engineer, public works
director, city manager, city administrator, street commissioner, or city street
superintendent licensed pursuant to the County Highway and City Street
Superintendents Act; and
(d) Three shall be lay citizens, with one representing each of the three
congressional districts of the state.
(3) The county members on the board shall represent the various classes of
counties, as defined in section 23-1114.01, in the following manner:
(a) One shall be a representative from either a Class 1 or Class 2 county;
(b) One shall be a representative from either a Class 3 or Class 4 county;
and
(c) One shall be a representative from either a Class 5, Class 6, or Class
7 county.
(4) The municipal members of the board shall represent municipalities of
the following sizes by population, as determined by the most recent federal
decennial census or the most recent revised certified count by the United
States Bureau of the Census:
(a) One shall be a representative from a municipality of less than two
thousand five hundred inhabitants;
(b) One shall be a representative from a municipality of two thousand five
hundred to fifty thousand inhabitants; and
(c) One shall be a representative from a municipality of over fifty
thousand inhabitants.
(5) In making such appointments, the Governor shall consult with the
Director-State Engineer and with the appropriate county and municipal officials
and may consult with organizations representing such officials or representing
counties or municipalities as may be appropriate.
(6) At the expiration of the existing term, one member from the county
representatives, the municipal representatives, and the lay citizens shall be
appointed for a term of two years; and two members from the county
representatives, the municipal representatives, and the lay citizens shall be
appointed for terms of four years. One representative from the department shall
be appointed for a two-year term and the other representative shall be
appointed for a four-year term. Thereafter, all such appointments shall be for
terms of four years each.
(7) If the Legislature is not in session when members of the board are
appointed by the Governor, such members shall take office and act as recess
appointees until the next meeting of the Legislature.
(8) (7) Members of such board shall receive no compensation for their
services as such, except that the lay members shall receive the same
compensation as members of the State Highway Commission, and all members shall
be reimbursed for expenses incurred in the performance of their official duties
as provided in sections 81-1174 to 81-1177. All expenses of such board shall be
paid by the department.
Sec. 17. Section 39-2108, Reissue Revised Statutes of Nebraska, is amended
to read:
39-2108 The All proceedings of the Board of Public Roads Classifications
and Standards shall meet at such times and places as necessary to carry out its
duties under the County Highway and City Street Superintendents Act and
sections 39-2101 to 39-2125. The board shall be subject to the provisions of
the Administrative Procedure Act.
Sec. 18. Section 39-2301.01, Revised Statutes Supplement, 2025, is amended
to read:
39-2301.01 For purposes of the County Highway and City Street
Superintendents Act, unless the context otherwise requires:
(1) Board of examiners means the Board of Public Roads Classifications and
Standards; :
(a) Prior to July 1, 2026, the Board of Examiners for County Highway and
City Street Superintendents; and
(b) Beginning July 1, 2026, the Board of Public Roads Classifications and
Standards;
(2) City street superintendent means a person who engages in the practice
of street superintending for an incorporated municipality;
(3) County highway superintendent means a person who engages in the
practice of highway superintending for a county; and
(4) Street or highway superintending means assisting an incorporated
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municipality or a county in the following:
(a) Developing and annually updating long-range plans or programs based on
needs and coordinated with adjacent local governmental units;
(b) Developing annual programs for design, construction, and maintenance;
(c) Developing annual budgets based on programmed projects and activities;
(d) Implementing the capital improvements and maintenance activities
provided in the approved plans, programs, and budgets; and
(e) Managing personnel, contractors, and equipment in support of such
planning, programming, budgeting, and implementation operations.
Sec. 19. Section 39-2310, Revised Statutes Cumulative Supplement, 2024, is
amended to read:
39-2310 All funds received under the County Highway and City Street
Superintendents Act shall be remitted to the State Treasurer for credit to the
Highway Cash Fund. Expenses of the members of the board of examiners as
provided in section 39-2304 shall be paid by the Department of Transportation
from the Highway Cash Fund.
Sec. 20. Section 43-4203, Revised Statutes Supplement, 2025, is amended to
read:
43-4203 (1) The Nebraska Children's Commission shall create a committee to
examine the Office of Juvenile Services and the Juvenile Services Division of
the Office of Probation Administration. Such committee shall review the role
and effectiveness of out-of-home placements utilized in the juvenile justice
system, including the youth rehabilitation and treatment centers, and make
recommendations to the commission on the juvenile justice continuum of care,
including what populations should be served in out-of-home placements and what
treatment services should be provided at the centers in order to appropriately
serve those populations. Such committee shall also review how mental and
behavioral health services are provided to juveniles in residential placements
and the need for such services throughout Nebraska and make recommendations to
the commission relating to those systems of care in the juvenile justice
system. The committee shall collaborate with the Juvenile Justice Institute at
the University of Nebraska at Omaha, the Center for Health Policy at the
University of Nebraska Medical Center, the behavioral health regions as
established in section 71-807, and state and national juvenile justice experts
to develop recommendations. The recommendations shall include a plan to
implement a continuum of care in the juvenile justice system to meet the needs
of Nebraska families, including specific recommendations for the rehabilitation
and treatment model. The recommendations shall be delivered to the commission
and electronically to the Judiciary Committee of the Legislature annually by
September 1.
(2) The commission shall collaborate with juvenile justice specialists of
the Office of Probation Administration and county officials with respect to any
county-operated practice model participating in the Crossover Youth Program of
the Center for Juvenile Justice Reform at Georgetown University.
(3) The commission shall analyze case management workforce issues and make
recommendations to the Health and Human Services Committee of the Legislature
regarding:
(a) Salary comparisons with other states and the current pay structure
based on job descriptions;
(b) Utilization of incentives for persons who work in the area of child
welfare;
(c) Evidence-based training requirements for persons who work in the area
of child welfare and their supervisors; and
(d) Collaboration with the University of Nebraska to increase and sustain
such workforce.
(4) The Foster Care Reimbursement Rate Committee created pursuant to
section 43-4216, the Nebraska Strengthening Families Act Committee created
pursuant to section 43-4716 , and the Bridge to Independence Advisory Committee
created pursuant to section 43-4513 shall be under the jurisdiction of the
commission. The Foster Care Reimbursement Rate Committee and the Bridge to
Independence Advisory Committee terminate on July 1, 2026, and the commission
shall take over their duties pursuant to sections 43-4215, 43-4217, and
43-4513.
(5) The commission shall work with the office of the State Court
Administrator, as appropriate, and entities which coordinate facilitated
conferencing as described in section 43-247.03.
(6) The commission shall work with administrators from each of the service
areas designated pursuant to section 81-3116, the teams created pursuant to
section 28-728, local foster care review boards, child advocacy centers, the
teams created pursuant to the Supreme Court's Through the Eyes of the Child
Initiative, community stakeholders, and advocates for child welfare programs
and services to establish networks in each of such service areas. Such networks
shall permit collaboration to strengthen the continuum of services available to
child welfare agencies and to provide resources for children and juveniles
outside the child protection system.
(7) The commission may organize subcommittees as it deems necessary.
Members of the subcommittees may be members of the commission or may be
individuals who have knowledge of the subcommittee's subject matter,
professional expertise to assist the subcommittee in completing its assigned
responsibilities, or the ability to collaborate within the subcommittee and
with the commission to carry out the powers and duties of the commission. A
subcommittee shall meet as necessary to complete the work delegated by the
commission and shall report its findings to the relevant committee within the
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commission.
(8) No member of any committee or subcommittee created pursuant to this
section shall have any private financial interest, profit, or benefit from any
work of such committee or subcommittee.
Sec. 21. Section 43-4215, Revised Statutes Cumulative Supplement, 2024, is
amended to read:
43-4215 (1) On or before July 1, 2014, the Division of Children and Family
Services of the Department of Health and Human Services shall implement the
reimbursement rate recommendations of the Foster Care Reimbursement Rate
Committee as reported to the Legislature pursuant to section 43-4212 as such
section existed before June 5, 2013.
(2) It is the intent of the Legislature to create additional levels of
caregiving for youth in foster care and to create an implementation plan for
treatment family care services in order to expand the service array for high-
acuity youth in the foster care system.
(3) The Legislature finds that (a) there is a need for consistency in the
implementation of additional tiers of caregiving across the state, (b)
additional tiers of caregiving and reimbursement exist in the continuum of
foster care services available in Nebraska, however, there is a variation in
the rates, implementation and outcomes, (c) the use of rates outside of the
established rate structure can create barriers to permanency for children
entering adoption and guardianship and prohibits the state from accessing
federal foster care funds that would otherwise be available under Title IV-E of
the federal Social Security Act, and (d) additional tiers of caregiving should
be utilized to support the exceptional caregiving needs of children.
(4) The Legislature further finds that (a) additional treatment services
are needed to support the behavioral and mental health needs of youth who are
at risk of entering, or who are stepping down from, congregate treatment
placement, and (b) treatment family care services uses blended funding to
support caregivers and prevent placement disruption.
(5) The On or before October 1, 2022, the Division of Children and Family
Services of the Department of Health and Human Services shall, in collaboration
with the Nebraska Children's Commission Foster Care Reimbursement Rate
Committee, implement additional statewide tiers of foster care reimbursements
for specialized caregiving with standardized rates for foster parents and child
placing agencies.
(6)(a) On or before July 1, 2013, the Division of Children and Family
Services of the Department of Health and Human Services shall develop a pilot
project as provided in this subsection to implement the standardized level of
care assessment tools recommended by the Foster Care Reimbursement Rate
Committee as reported to the Legislature pursuant to section 43-4212 as such
section existed before June 5, 2013.
(b)(i) The pilot project shall comprise two groups: One in an urban area
and one in a rural area. The size of each group shall be determined by the
division to ensure an accurate estimate of the effectiveness and cost of
implementing such tools statewide.
(ii) The Nebraska Children's Commission shall review and provide a
progress report on the pilot project by October 1, 2013, to the department and
electronically to the Health and Human Services Committee of the Legislature;
shall provide to the department and electronically to the committee by December
1, 2013, a report including recommendations and any legislation necessary,
including appropriations, to adopt the recommendations, regarding the
adaptation or continuation of the implementation of a statewide standardized
level of care assessment; and shall provide to the department and
electronically to the committee by February 1, 2014, a final report and final
recommendations of the commission.
Sec. 22. Section 43-4217, Revised Statutes Cumulative Supplement, 2024, is
amended to read:
43-4217 (1) The Nebraska Children's Commission Foster Care Reimbursement
Rate Committee created in section 43-4216 shall review and make recommendations
in the following areas: Foster care reimbursement rates, the statewide
standardized level of care assessment, and adoption assistance payments as
required by section 43-117. In making recommendations to the Legislature, the
commission committee shall use the then-current foster care reimbursement rates
as the beginning standard for setting reimbursement rates. The commission
committee shall adjust the standard to reflect the reasonable cost of achieving
measurable outcomes for all children in foster care in Nebraska. The commission
committee shall (a) analyze then-current consumer expenditure data reflecting
the costs of caring for a child in Nebraska, (b) identify and account for
additional costs specific to children in foster care, and (c) apply a
geographic cost-of-living adjustment for Nebraska. The reimbursement rate
structure shall comply with funding requirements related to Title IV-E of the
federal Social Security Act, as amended, and other federal programs as
appropriate to maximize the utilization of federal funds to support foster
care.
(2) The commission committee shall review the role and effectiveness of
and make recommendations on the statewide standardized level of care assessment
containing standardized criteria to determine a foster child's placement needs
and to identify the appropriate foster care reimbursement rate. The commission
committee shall review other states' assessment models and foster care
reimbursement rate structures in completing the statewide standardized level of
care assessment review and the standard statewide foster care reimbursement
rate structure. The commission committee shall ensure the statewide
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standardized level of care assessment and the standard statewide foster care
reimbursement rate structure provide incentives to tie performance in achieving
the goals of safety, maintaining family connection, permanency, stability, and
well-being to reimbursements received. The commission committee shall review
and make recommendations on assistance payments to adoptive parents as required
by section 43-117. The commission committee shall make recommendations to
ensure that changes in foster care reimbursement rates do not become a
disincentive to permanency.
(3) The commission Foster Care Reimbursement Rate Committee shall provide
electronic reports with its recommendation to the Health and Human Services
Committee of the Legislature on July 1, 2016, and every four years thereafter.
Sec. 23. Section 43-4513, Revised Statutes Supplement, 2025, is amended to
read:
43-4513 The (1) The Bridge to Independence Advisory Committee is created
within the Nebraska Children's Commission shall to advise and make
recommendations to the Legislature and the Nebraska Children's Commission
regarding ongoing implementation of the bridge to independence program,
extended guardianship assistance described in section 43-4511, and extended
adoption assistance described in section 43-4512. The commission Bridge to
Independence Advisory Committee terminates on July 1, 2026, and the Nebraska
Children's Commission shall carry out the duties under this section. The Bridge
to Independence Advisory Committee shall provide a written report regarding
ongoing implementation, including participation in the bridge to independence
program, extended guardianship assistance described in section 43-4511, and
extended adoption assistance described in section 43-4512 and early discharge
rates and reasons obtained from the department, to the Nebraska Children's
Commission, the Health and Human Services Committee of the Legislature, the
department, and the Governor by September 1 of each year. The report to the
Health and Human Services Committee of the Legislature shall be submitted
electronically.
(2) The members of the Bridge to Independence Advisory Committee shall
include, but not be limited to, (a) representatives from all three branches of
government, and the representatives from the legislative and judicial branches
of government shall be nonvoting, ex officio members, (b) no less than three
young adults currently or previously in foster care, which may be filled on a
rotating basis by members of Project Everlast or a similar youth support or
advocacy group, (c) one or more representatives from a child welfare advocacy
organization, (d) one or more representatives from a child welfare service
agency, and (e) one or more representatives from an agency providing
independent living services.
(3) Members of the committee shall be appointed for terms of two years.
The Nebraska Children's Commission shall appoint the chairperson of the
committee and may fill vacancies on the committee as they occur.
Sec. 24. Section 49-1499.02, Reissue Revised Statutes of Nebraska, is
amended to read:
49-1499.02 (1) An official or employee of the executive branch of state
government who would be required to take any action or make any decision in the
discharge of his or her official duties that may cause financial benefit or
detriment to him or her, a member of his or her immediate family, or a business
with which he or she is associated, which is distinguishable from the effects
of such action on the public generally or a broad segment of the public, shall
take the following actions as soon as he or she is aware of such potential
conflict or should reasonably be aware of such potential conflict, whichever is
sooner:
(a) Prepare a written statement describing the matter requiring action or
decision and the nature of the potential conflict; and
(b) Deliver a copy of the statement to the commission and to his or her
immediate superior, if any, who shall assign the matter to another. If the
immediate superior does not assign the matter to another or if there is no
immediate superior, the official or employee shall take such action as the
commission shall advise or prescribe to remove himself or herself from
influence over the action or decision on the matter.
(2) This section does not prevent such a person from (a) making or
participating in the making of a governmental decision to the extent that the
individual's participation is legally required for the action or decision to be
made or (b) making or participating in the making of a governmental decision if
the potential conflict of interest is based upon a business association and the
business association exists only as the result of his or her position on a
commodity board. A person acting pursuant to subdivision (a) of this subsection
shall report the occurrence to the commission.
(3) For purposes of this section, commodity board means only the
following:
(a) Corn Development, Utilization, and Marketing Board;
(b) Nebraska Dairy Industry Development Board;
(c) Grain Sorghum Development, Utilization, and Marketing Board;
(d) Nebraska Wheat Development, Utilization, and Marketing Board;
(e) Dry Bean Commission;
(f) Nebraska Potato Development Committee;
(f) (g) Nebraska Poultry and Egg Development, Utilization, and Marketing
Committee; and
(g) (h) Dry Pea and Lentil Commission.
Sec. 25. Section 66-4,100, Revised Statutes Cumulative Supplement, 2024,
is amended to read:
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66-4,100 The Highway Cash Fund and the Roads Operations Cash Fund are
hereby created. If bonds are issued pursuant to subsection (2) of section
39-2223, the balance of the share of the Highway Trust Fund allocated to the
Department of Transportation and deposited into the Highway Restoration and
Improvement Bond Fund as provided in subsection (8) of section 39-2215 and the
balance of the money deposited in the Highway Restoration and Improvement Bond
Fund as provided in section 39-2215.01 shall be transferred by the State
Treasurer, on or before the last day of each month, to the Highway Cash Fund.
If no bonds are issued pursuant to subsection (2) of section 39-2223, the share
of the Highway Trust Fund allocated to the Department of Transportation shall
be transferred by the State Treasurer on or before the last day of each month
to the Highway Cash Fund.
The Legislature may direct the State Treasurer to transfer funds from the
Highway Cash Fund to the Roads Operations Cash Fund. Both funds shall be
expended by the department (1) for acquiring real estate, road materials,
equipment, and supplies to be used in the construction, reconstruction,
improvement, and maintenance of state highways, (2) for the construction,
reconstruction, improvement, and maintenance of state highways, including
grading, drainage, structures, surfacing, roadside development, landscaping,
and other incidentals necessary for proper completion and protection of state
highways as the department shall, after investigation, find and determine shall
be for the best interests of the highway system of the state, either
independent of or in conjunction with federal-aid money for highway purposes,
(3) for the share of the department of the cost of maintenance of state aid
bridges, (4) for planning studies in conjunction with federal highway funds for
the purpose of analyzing traffic problems and financial conditions and problems
relating to state, county, township, municipal, federal, and all other roads in
the state and for incidental costs in connection with the federal-aid grade
crossing program for roads not on state highways, (5) for tests and research by
the department or proportionate costs of membership, tests, and research of
highway organizations when participated in by the highway departments of other
states, (6) for the payment of expenses and costs of the Board of Public Roads
Classifications and Standards as set forth in the Examiners for County Highway
and City Street Superintendents Act and sections 39-2101 to 39-2125 as set
forth in section 39-2310, (7) for support of the public transportation
assistance program established under section 13-1209 and the intercity bus
system assistance program established under section 13-1213, (8) for purchasing
from political or governmental subdivisions or public corporations, pursuant to
section 39-1307, any federal-aid transportation funds available to such
entities, (9) for costs related to the administration of the Division of
Aeronautics of the Department of Transportation as specified in section 3-107,
(10) for furnishing the Nebraska Broadband Office with necessary office space,
furniture, equipment, and supplies as well as providing administrative and
budgetary support, including salaries for professional, technical, and clerical
assistants, as provided in section 81-702, and (11) for the County Bridge Match
Program.
The State Treasurer shall transfer four million dollars from the Roads
Operations Cash Fund to the Transportation Infrastructure Bank Fund on or
before June 30, 2024, on such dates and in such amounts as directed by the
budget administrator of the budget division of the Department of Administrative
Services. The money shall be used for the County Bridge Match Program. The
State Treasurer shall transfer four million dollars from the Roads Operations
Cash Fund to the Transportation Infrastructure Bank Fund on or before June 30,
2025, on such dates and in such amounts as directed by the budget administrator
of the budget division of the Department of Administrative Services. The money
shall be used for the County Bridge Match Program.
Any money in the Highway Cash Fund and the Roads Operations Cash Fund not
needed for current operations of the department shall, as directed by the
Director-State Engineer to the State Treasurer, be invested by the state
investment officer pursuant to the Nebraska Capital Expansion Act and the
Nebraska State Funds Investment Act, subject to approval by the board of each
investment. All income received as a result of such investment shall be placed
in the Highway Cash Fund.
Sec. 26. Section 71-814, Revised Statutes Supplement, 2025, is amended to
read:
71-814 (1) The State Advisory Committee on Mental Health Services is
created. Members of the committee shall have a demonstrated interest and
commitment and specialized knowledge, experience, or expertise relating to the
provision of mental health services in the State of Nebraska. The committee
shall consist of twenty-three members appointed by the Governor as follows: (a)
One regional governing board member, (b) one regional administrator, (c) twelve
consumers of behavioral health services or their family members, (d) two
providers of behavioral health services, (e) two representatives from the State
Department of Education, including one representative from the Division of
Vocational Rehabilitation of the State Department of Education, (f) three
representatives from the Department of Health and Human Services representing
mental health, social services, and medicaid, (g) one representative from the
Nebraska Commission on Law Enforcement and Criminal Justice, and (h) one
representative from the Housing Office of the Community and Rural Development
Division of the Department of Economic Development.
(2) The committee shall be responsible to the division and shall (a) serve
as the state's mental health planning council as required by Public Law
102-321, (b) conduct regular meetings, (c) provide advice and assistance to the
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division relating to the provision of mental health services and , beginning
July 1, 2026, substance use disorder services in the State of Nebraska,
including, but not limited to, the development, implementation, provision, and
funding of organized peer support services, (d) promote the interests of
consumers and their families, including, but not limited to, their inclusion
and involvement in all aspects of services design, planning, implementation,
provision, education, evaluation, and research, (e) provide reports as
requested by the division, and (f) engage in such other activities as directed
or authorized by the division.
(3) Beginning July 1, 2026, the State Advisory Committee on Mental Health
Services shall also perform the duties of the State Advisory Committee on
Substance Abuse Services.
Sec. 27. Section 71-5310, Revised Statutes Supplement, 2025, is amended to
read:
71-5310 (1) The director may authorize variances or exemptions from the
drinking water standards issued pursuant to section 71-5302 under conditions
and in such manner as deemed necessary and desirable. Prior to July 1, 2026,
such variances and exemptions shall be subject to the approval of the Advisory
Council on Public Water Supply. Such variances or exemptions shall be permitted
under conditions and in a manner which are not less stringent than the
conditions under, and the manner in which, variances and exemptions may be
granted under the federal Safe Drinking Water Act.
(2) Prior to granting a variance or an exemption, the director shall
provide notice, in a newspaper of general circulation serving the area served
by the public water system, of the proposed exemption or variance and that
interested persons may request a public hearing on the proposed exemption or
variance. The director may require the system to provide other appropriate
notice necessary to provide adequate notice to persons served by the system.
(3) If a public hearing is requested, the director shall set a time and
place for the hearing and such hearing shall be held before the department
prior to the variance or exemption being issued. Frivolous and insubstantial
requests for a hearing may be denied by the director. An exemption or variance
shall be conditioned on monitoring, testing, analyzing, or other requirements
to insure the protection of the public health. A variance or an exemption
granted shall include a schedule of compliance under which the public water
system is required to meet each contaminant level or treatment technique
requirement for which a variance or an exemption is granted within a reasonable
time as specified by the director. Prior to July 1, 2026, the director's
determination shall be subject to the approval of the Advisory Council on
Public Water Supply.
Sec. 28. Section 71-7010, Reissue Revised Statutes of Nebraska, is amended
to read:
71-7010 The Breast and Cervical Cancer Cash Fund is created. The fund
shall consist of any money transferred appropriated to it by the Legislature,
any money received by the department for the program, including federal and
other public and private funds, and funds credited under section 71-7003.01.
Money in the fund may be used to reimburse expenses of members of the Breast
and Cervical Cancer Advisory Committee, expenses of the program for early
detection of breast and cervical cancer funded through a grant from the United
States Department of Health and Human Services , and funds received under
section 71-7003.01. Any money in the fund available for investment shall be
invested by the state investment officer pursuant to the Nebraska Capital
Expansion Act and the Nebraska State Funds Investment Act.
Sec. 29. Section 71-7013, Reissue Revised Statutes of Nebraska, is amended
to read:
71-7013 The State of Nebraska and , the department and its employees , and
members of the Breast and Cervical Cancer Advisory Committee shall not be
liable for any damage or injury resulting from (1) a false negative result or a
false positive result interpretation or any other act or omission of an
interpreting physician with respect to any screening performed pursuant to
sections 71-7001.01 and 71-7003.01 to 71-7012 or (2) any act or omission of a
screening supplier or person acting on behalf of such supplier with respect to
the provisions of such sections.
Sec. 30. Section 71-7107, Revised Statutes Supplement, 2025, is amended to
read:
71-7107 (1) The Department of Health and Human Services shall be the lead
agency for the program.
(2) The Until July 1, 2026, the department shall:
(a) Provide office support to program activities;
(b) Provide necessary equipment for the program and participants;
(c) Provide staff support to the Critical Incident Stress Management
Council;
(d) Adopt and promulgate rules and regulations to implement the program;
(e) Recruit hospital personnel and emergency medical workers to be trained
as critical incident stress management peers;
(f) Participate in the training and continuing education of such peers and
mental health professionals; and
(g) Appoint a director for the program who shall be an employee of the
department and shall be the chairperson of the Interagency Management
Committee.
(3) On and after July 1, 2026, the department shall:
(a) Coordinate program activities and emergency response;
(b) Provide necessary equipment for the program and participants;
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(c) Recruit hospital personnel and emergency medical workers to be trained
as critical incident stress management peers;
(d) Participate in the training and continuing education of such peers and
mental health professionals;
(e) Appoint a director for the program who shall be an employee of the
department;
(f) Specify the organizational and operational goals for the program and
provide overall policy direction for the program;
(g) Manage planning and budget development for the program;
(h) Manage program development and evaluation;
(i) Provide a mechanism for quality assurance that may include
certification of critical incident stress management team members;
(j) Identify critical incident stress management regions; and
(k) Provide backup to regional critical incident stress management teams.
(3) (4) The department may adopt and promulgate rules and regulations to
implement the program.
Sec. 31. Section 71-7108, Revised Statutes Supplement, 2025, is amended to
read:
71-7108 (1) The Department of Health and Human Services shall recruit
mental health workers for each critical incident stress management region and
participate in the training and continuing education activities of critical
incident stress management peers and mental health professionals.
(2) The Nebraska State Patrol shall receive all initial requests for
stress management sessions, coordinate transportation requirements for critical
incident stress management team members, recruit members of the law enforcement
profession in each region to be trained as critical incident stress management
peers, participate in the training and continuing education activities of
critical incident stress management peers and mental health professionals, and
appoint a member of the patrol to each regional management committee.
(3) The State Fire Marshal shall cooperate in providing transportation for
critical incident stress management teams, recruit firefighters to be trained
as critical incident stress management peers in each critical incident stress
management region, participate in the training and continuing education
activities of critical incident stress management peers and mental health
professionals, and appoint an individual who is employed by the State Fire
Marshal to be on each regional management committee.
(4) The Nebraska Emergency Management Agency shall promote stress
management planning as part of emergency management preparedness, promote
preincident education programs to acquaint emergency service personnel with
stress management techniques, and participate in the training and continuing
education activities of critical incident stress management peers and mental
health professionals.
(5) Until July 1, 2026, the department, patrol, State Fire Marshal, and
agency shall participate in the Critical Incident Stress Management Council and
the Interagency Management Committee.
Sec. 32. Section 71-7109, Revised Statutes Supplement, 2025, is amended to
read:
71-7109 The statewide clinical director shall be appointed by the Critical
Incident Stress Management Council until July 1, 2026, and by the Department of
Health and Human Services on and after July 1, 2026. The statewide clinical
director shall supervise and evaluate the professional and peer support team
members, including the regional clinical directors , and until July 1, 2026,
shall be a member of and work with the Interagency Management Committee for
such purpose. The statewide clinical director may conduct critical incident
stress management training and continuing education activities.
Sec. 33. Section 71-7110, Revised Statutes Supplement, 2025, is amended to
read:
71-7110 Each critical incident stress management region shall have a
regional management committee composed of representatives of the Department of
Health and Human Services, the State Fire Marshal, and the Nebraska State
Patrol and a regional clinical director. The regional clinical director shall
have a graduate degree in a mental health discipline. The regional management
committee shall be responsible for the implementation and coordination of the
program in the region according to the specifications developed by the Critical
Incident Stress Management Council and Interagency Management Committee prior
to July 1, 2026, and developed by the department on and after July 1, 2026. The
regional management committee shall develop critical incident stress management
teams to facilitate the stress management process.
Sec. 34. Section 72-811, Revised Statutes Supplement, 2025, is amended to
read:
72-811 For purposes of sections 72-811 to 72-818:
(1) Department means the Department of Administrative Services; Committee
means:
(a) The Vacant Building and Excess Land Committee prior to July 1, 2026;
and
(b) The Department of Administrative Services beginning July 1, 2026;
(2) Excess, referring to land, means (a) unused in whole or in part by any
state agency for the purposes for which the land was acquired or received or
(b) without current defined plans by any state agency for the use of the land
for the agency's mission for the next fiscal year; and
(3) Vacant, referring to buildings, means (a) unoccupied, (b) unused in
whole or in part by any state agency for the purposes for which the building
was designed, intended, or remodeled, or (c) without current defined plans by
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any state agency for the use of the building for the agency's mission for the
next fiscal year.
Sec. 35. Section 72-813, Reissue Revised Statutes of Nebraska, is amended
to read:
72-813 (1) Each state agency shall by September 15 of each year submit to
the State Building Administrator a list of all state-owned buildings and land
for which it is responsible and shall note the current and planned uses of each
building and parcel of land. The State Building Administrator shall compile the
information on state-owned buildings and land and provide it, along with any
other information or recommendations he or she may consider relevant to the
purposes of sections 72-811 to 72-818, to the Director of Administrative
Services Vacant Building and Excess Land Committee and to the Legislative
Fiscal Analyst. The information provided to the Legislative Fiscal Analyst
shall be submitted electronically.
(2) The State Building Administrator committee shall meet to review the
information and consider further action or possible amendments to orders made
pursuant to this section. If the administrator committee determines that there
is reason to believe that any particular state-owned building or piece of land
is vacant or excess, the director committee shall review the status of the
building or land and by majority vote determine whether it should be declared
vacant or excess.
(3) If the director committee declares a building or land to be vacant or
excess, the director it shall order either maintenance of the building or land
by the state building division of the Department of Administrative Services or
the disposal of the building or land through sale, lease, demolition, or
otherwise. Any order for disposal of a building may include related lands. In
determining the appropriate action to be taken in regard to a building or land,
the director committee shall consider the benefits to the state of the
alternative possible actions, including cost-effectiveness, other possible
future uses of the building or land for state purposes, and the necessity or
utility of the building or land for the furtherance of existing or planned
state programs.
Sec. 36. Section 72-814, Reissue Revised Statutes of Nebraska, is amended
to read:
72-814 When a building or land is declared vacant or excess under section
72-813, all by the committee, the committee shall certify to the Director of
Administrative Services its determination and order in regard to the building
or land. All responsibilities for and records of ownership of the building or
land and all records of maintenance of the building or land shall be
transferred as soon as possible to the department Department of Administrative
Services.
If the department orders order includes the sale, lease, or other disposal
of any building or land as an appropriate action, the Director of
Administrative Services director may execute any quitclaim deed, lease, or
other instrument necessary to sell, lease, or dispose of the building or land.
The director may reserve, in the best interest of the state, an easement,
license, or other interest in the building or land for the state in such sale,
lease, or disposal. The director may also trade the building or land for other
property needed by the state. The director may, at the expense of the state
agency formerly responsible for the building or land, remove or order the
agency to remove any movable property not attached to the building or land.
Sec. 37. Section 72-815, Reissue Revised Statutes of Nebraska, is amended
to read:
72-815 (1) The state building division of the department Department of
Administrative Services shall be responsible for the sale, lease, or other
disposal of a building or land, whichever action is ordered under section
72-813 by the committee.
(2) If a building is to be demolished, section 72-810 shall not apply, but
the state building division shall notify the State Historic Preservation
Officer of such demolition at least thirty days prior to the beginning of the
demolition or disassembly so that the officer may collect any photographic or
other evidence he or she may find of historic value.
(3)(a) If a building or land is to be sold or leased, the state building
division shall cause an appraisal to be made of the building or land. The sale,
lease, or other disposal of the building or land shall comply with all relevant
statutes pertaining to the sale or lease of surplus state property, except that
if the state building division fails to receive an offer from a state agency in
which the agency certifies that it (i) intends to use the building for the
purposes for which it was designed, intended, or remodeled or to remodel the
building for uses which will serve the agency's purposes or (ii) intends to use
the land for the purposes for which it was acquired or received, the state
building division shall then notify the Department of Economic Development that
the building or land is available for sale or lease so that the department may
refer to the state building division any potential buyers or lessees of which
the department may be aware. The state building division may then sell or lease
the building or land by such method as is to the best advantage of the State of
Nebraska, including auction, sealed bid, or public sale and, if necessary, by
private sale, but in all situations only after notice of the property sale is
publicly advertised on at least two separate occasions in the newspaper with
the largest circulation in the county where the surplus property is located and
not less than thirty days prior to the sale of the property. The state building
division may use the services of a real estate broker licensed under the
Nebraska Real Estate License Act. Priority shall be given to other political
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subdivisions of state government, then to persons contracting with the state or
political subdivisions of the state who will use the building or land for
middle-income or low-income rental housing for at least fifteen years, and
finally to referrals from the Department of Economic Development.
(b) When a building or land designated for sale is listed in the National
Register of Historic Places, the state building division, in its discretion and
based on the best interests of the state, may follow the procedure outlined in
subdivision (3)(a) of this section or may sell the building or land by any
method deemed in the best interests of the state to a not-for-profit community
organization that intends to maintain the historic and cultural integrity of
the building or land.
(c) All sales and leases shall be in the name of the State of Nebraska.
The state building division may provide that a deed of sale include
restrictions on the building or land to ensure that the use and appearance of
the building or land remain compatible with any adjacent state-owned property.
(d) Except as otherwise provided in subsection (4) of this section, the
proceeds of the sale or lease shall be remitted to the State Treasurer for
credit to the Vacant Building and Excess Land Cash Fund unless the state agency
formerly responsible for the building or land certifies to the state building
division that the building or land was purchased in part or in total from cash,
federal, or revolving funds, in which event, after the costs of selling or
leasing the building or land are deducted from the proceeds of the sale or
lease and such amount is credited to the fund, the remaining proceeds of the
sale or lease shall be credited to the cash, federal, or revolving fund in the
percentage used in originally purchasing the building or land.
(4) Any state-owned military property, including any armories considered
surplus property, shall be sold by such method as is to the best advantage of
the State of Nebraska, including auction, sealed bid, or public sale, and if
necessary, by private sale, but in all situations only after notice of the
property sale is publicly advertised on at least two separate occasions in the
newspaper with the largest circulation in the county where the surplus property
is located and not less than thirty days prior to the sale of the property, and
pursuant to section 72-816, all proceeds from the sale of the property, less
maintenance expenses pending the sale and selling expenses, but including
investment income on the sale proceeds of the property, shall be promptly
transferred from the Vacant Building and Excess Land Cash Fund to the General
Fund by the State Building Administrator.
(5) The state building division shall be responsible for the maintenance
of the building or land if maintenance is ordered under section 72-813 by the
committee and shall be responsible for maintenance of the building or land
pending sale or lease of the building or land.
(6) Land at the Hastings Regional Center determined by the committee to be
excess shall be sold by such method as is to the best advantage of the State of
Nebraska, including auction, sealed bid, or public sale and, if necessary, by
private sale. The sale of land shall only occur after notice of the sale is
publicly advertised on at least two separate occasions in the newspaper with
the largest circulation in the county where the land is located and not less
than thirty days prior to the sale of the land. The proceeds from the sale of
the land, less maintenance expenses pending the sale and selling expenses, but
including investment income on the sale proceeds, shall be promptly transferred
from the Vacant Building and Excess Land Cash Fund by the State Treasurer as
follows:
(a) First, not exceeding five million three hundred seven thousand dollars
to the General Fund; and
(b) Second, not exceeding three million dollars of available proceeds
remaining to the Nebraska Capital Construction Fund.
Sec. 38. Section 72-816, Reissue Revised Statutes of Nebraska, is amended
to read:
72-816 (1) The Vacant Building and Excess Land Cash Fund is created. The
fund shall consist of proceeds credited to the fund pursuant to sections 72-815
and 90-268. Except as provided in sections 90-268 and 90-269, the fund shall be
used to pay for the maintenance of vacant state buildings and excess state land
and for expenses related to the disposal of state buildings and land referred
to the department Department of Administrative Services by the committee
pursuant to sections 72-811 to 72-818. The fund shall be administered by the
state building division of the department Department of Administrative
Services. Any money in the fund available for investment shall be invested by
the state investment officer pursuant to the Nebraska Capital Expansion Act and
the Nebraska State Funds Investment Act.
Funds may be transferred from the Vacant Building and Excess Land Cash
Fund to the General Fund at the direction of the Legislature.
(2) If there are insufficient funds in the fund to enable the division to
fully implement the orders of the committee issued pursuant to sections 72-811
to 72-818, the division shall implement them in the order which most
efficiently meets the purposes of such sections.
(3) Funds appropriated to the Task Force for Building Renewal shall not be
used to carry out any of the purposes of such sections (a) unless the building
would otherwise qualify for the use of such funds pursuant to the Deferred
Building Renewal Act and (b) except for any expenses incurred by the
administrator of the Task Force for Building Renewal in fulfilling his or her
duties under such sections.
Sec. 39. Section 72-818, Reissue Revised Statutes of Nebraska, is amended
to read:
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72-818 Except as provided in section 37-330, a state agency shall submit
any request for granting a utility easement on state-owned land to the Director
of Administrative Services committee. The committee may only approve utility
easements by majority vote. Utility easements may only be granted to political
subdivisions or their contractors for utility or construction-related purposes.
The director committee shall certify the approval of a utility easement and to
the Director of Administrative Services who shall execute the instrument
necessary to grant the utility easement. The state building division of the
department Department of Administrative Services shall be responsible for the
implementation of easements granted under this section.
Sec. 40. Section 81-1108.41, Revised Statutes Supplement, 2025, is amended
to read:
81-1108.41 (1) The division shall cause a state comprehensive capital
facilities plan to be developed. The plan shall project the state's facilities
needs for a period of six years and shall be based on programmatic projections
and input from each state agency. The To aid in the development of the plan
prior to July 1, 2026, the Governor shall appoint a State Comprehensive Capital
Facilities Planning Committee with representatives from various state agencies,
and the committee shall develop and adopt comprehensive planning guidelines and
a process of project prioritization. The committee terminates on July 1, 2026.
Beginning July 1, 2026, the division shall be responsible for the comprehensive
planning guidelines and the process of project prioritization. The state
comprehensive capital facilities plan shall be submitted electronically to the
Committee on Building Maintenance for review before such plan shall be
submitted to the Governor and the Legislative Fiscal Analyst on or before
November 15 prior to the beginning of each biennium. The plan submitted to the
Legislative Fiscal Analyst shall be submitted electronically. Prior to July 1,
2026, the plan shall be based on priorities developed by the State
Comprehensive Capital Facilities Planning Committee. The University of Nebraska
and any Nebraska state college shall not be required to comply with or be
subject to the provisions of this section since these agencies are subject to
and participate in statewide facilities planning developed by the Coordinating
Commission for Postsecondary Education pursuant to the Coordinating Commission
for Postsecondary Education Act.
(2) An appropriation for drawings and construction may be made only after
submission of an acceptable program statement on or before September 15 of the
year previous to the initiation of such appropriation. Such program statement
shall include, but not be limited to, (a) an assessment of the compatibility of
the project with the state comprehensive capital facilities plan and the agency
or departmental comprehensive capital facilities plan, (b) the identification
of the impact of the project on the space utilization of other facilities under
the control of the agency or department, and (c) the identification of the
future impact on the agency or departmental programmatic needs, demand for
utilities in excess of current capacity, parking needs, street and road needs,
and site acquisition needs. Such program statement shall be submitted to the
division and the Legislative Fiscal Analyst. The program statement submitted to
the Legislative Fiscal Analyst shall be submitted electronically.
(3) No contract for the planning, design, or construction of a new
facility or major modification or repair of an existing facility provided for
by any state appropriation may be initiated unless an acceptable program
statement has been approved by the Governor, the agency or department has
submitted to the division a certificate from the Committee on Building
Maintenance that there is no state-owned property which is adequate or which
through cost-effective renovation, as determined by the division, could be made
adequate to meet the agency's or department's needs, and the conditions of the
contracts are approved in writing by the division, except that the provisions
of this section shall not apply to projects when the total design and
construction cost of the project is less than the limit established by the
division. Such program statements and contracts shall be reviewed by the
division.
(4) The division shall file a written report on each program statement and
contract reviewed with the Governor and the Legislative Fiscal Analyst. The
report submitted to the Legislative Fiscal Analyst shall be submitted
electronically. This report shall cover the consistency of the project with the
state comprehensive capital facilities plan and the agency or departmental
comprehensive capital facilities plan. A subsequent review and report upon
completion of the planning or design phase of the project shall indicate the
compatibility of the project with the agency or departmental comprehensive
capital facilities plan, compare the probable cost of the project with accepted
cost standards for similar construction projects, and review the relationship
of the project to other state agency or departmental capital facilities in the
same complex.
Sec. 41. Section 81-1117, Reissue Revised Statutes of Nebraska, is amended
to read:
81-1117 (1) As used in this section, unless the context otherwise
requires, information management includes, but is not limited to:
(a) Mainframe computers, minicomputers, microprocessors, word processors,
and desktop computers;
(b) Any peripheral device to be used with the equipment listed in
subdivision (1)(a) of this section for such purposes as data input and output,
data storage, or data communications;
(c) Any code or program to control the operation of the equipment or
devices listed in subdivision (1)(a) or (1)(b) of this section; and
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(d) Employment of professional expertise for computer system design,
operations, or program development.
(2) Subject to review and approval by the Chief Information Officer, the
information management services administrator shall have the following powers,
duties, and responsibilities:
(a) He or she may review the accounting and other records and reporting
systems of all divisions within the Department of Administrative Services and
within every other department and agency of the state;
(b) He or she shall systematically review the potential application of
information management to any work performed outside the information management
services division or by any department or agency of the state or any
subdivision of any department or agency of the state, and if the costs of
mechanizing such work will not exceed present costs or if efficiencies may be
achieved, he or she may accept responsibility for the performance of such work.
He or she may also review computer applications being used to determine if
revision or deletion of computer applications would be beneficial. The findings
of reviews made pursuant to this subdivision shall be reported to the Governor
and the Legislative Fiscal Analyst. The findings submitted to the Legislative
Fiscal Analyst shall be submitted electronically;
(c) He or she may, with the approval of the Chief Information Officer,
make such revisions to internal systems for production of accounting and other
reports as may be necessary to permit economical undertaking of work to be
performed by the information management services division for any agency or
department of the state;
(d) He or she shall organize the information management services division
to provide system review, system design, feasibility studies, and machine
reviews;
(e) He or she may review the operations of information management
installations as may exist in any department or agency of the state and may
cause such operations to be merged with those of the information management
services division in the event that a cost analysis shows that economic
advantage may be achieved. He or she may permit the establishment of
departmental or agency information management operations in any department or
agency of the state if his or her analysis of feasibility shows a potential
economy or a substantial convenience for the state incident to such separate
establishment. No state agency shall hire, purchase, lease, or rent any
information management item listed in subsection (1) of this section without
the written approval of the information management services administrator. All
new computer programs developed or acquired for use with information management
equipment of any state agency shall be documented according to standards
developed or approved by the information management services administrator;
(f) He or she shall prepare a budget in sufficient time in advance of the
statutory date for submittal of budget requests by departments and agencies of
the state as to permit each department and agency for which services are
performed, or are to be performed during the request budget period, to be
informed of the cost of maintaining the current fiscal year's production work
for inclusion within their respective budget requests;
(g) He or she shall provide for a system of charges for services rendered
by the information management services division or the Nebraska Information
Technology Commission to any other department or agency of the state when these
charges are allocable to a particular project carried on by such department or
division. Such standard rate charges shall, as nearly as may be practical,
reflect the actual costs incurred in the performance of services for such
department or agency. Such system of charges shall be annually reviewed by the
Legislature's Committee on Appropriations. Rates planned for the coming fiscal
year shall be included in the instructions for completion of budget request
forms as annually prepared by the Department of Administrative Services budget
division. If rate revisions are required during the fiscal year to reflect
changes in the information management services division's operating costs,
these revisions shall be announced to state agencies at least thirty days prior
to their use in billing these agencies for service. Miscellaneous supplies
shall be billed to using agencies at actual cost. Equipment used primarily by
one agency for special applications shall be billed to that agency at actual
cost. In the event of saturation of the information management services
division with the resulting need for contractual support to be furnished by
another information management installation, agencies shall be billed at actual
cost. The charges received by the department for information management
services shall be credited to a fund hereby created which shall be known as the
Information Management Revolving Fund. Expenditures shall be made from such
fund to finance the operations of the information management services division
or the Nebraska Information Technology Commission in accordance with
appropriations made by the Legislature. Any money in the Information Management
Revolving Fund available for investment shall be invested by the state
investment officer pursuant to the Nebraska Capital Expansion Act and the
Nebraska State Funds Investment Act. Beginning October 1, 2024, any investment
earnings from investment of money in the fund shall be credited to the General
Fund;
(h) He or she may provide information management services and technical
assistance to any subdivision of government as provided for under the
Interlocal Cooperation Act or the Joint Public Agency Act;
(i) He or she shall provide for the centralization of all administrative
work, including that of educational institutions, into the information
management services division;
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(j) He or she shall provide definitions of standards and common data
elements, coordinate the collection of data, consolidate data files or data
banks, and review and approve or disapprove the establishment of separate data
banks; and
(k) He or she shall provide assistance as requested by the Nebraska
Information Technology Commission for purposes of the Information Technology
Infrastructure Act to support the technical panel created in section 86-521.
Each member of the Legislature shall receive an electronic copy of the
report required by subdivision (2)(b) of this section by making a request for
it to the administrator.
Sec. 42. Section 81-1120.17, Reissue Revised Statutes of Nebraska, is
amended to read:
81-1120.17 The division of communications shall have the following duties,
powers, and responsibilities:
(1) To coordinate the purchase, lease, and use of communications services
equipment and facilities for state government;
(2) To advise departments and agencies of the state and political
subdivisions thereof as to systems or methods to be used to meet requirements
efficiently and effectively;
(3) To provide assistance as requested by the Nebraska Information
Technology Commission for purposes of the Information Technology Infrastructure
Act to support the technical panel created in section 86-521;
(4) To consolidate and integrate radio communications systems and services
of state agencies so far as practical and to provide for their joint use by the
agencies;
(5) To consolidate telephone and telephone-related activities, so far as
practical, and to provide for their joint use by the agencies;
(6) To assume management responsibility for any consolidated system or
service and approve all purchases and contracts for such communications
activities;
(7) To enter into agreements for the mutual support and use of
communications services of the agencies and departments of state government and
its political subdivisions;
(8) To provide for the rendering of mutual aid between state government
and its political subdivisions and to cooperate with other states and the
federal government with respect to the organizing of communications in
expediting the carrying out of mutual aid in disasters, emergencies, and civil
defense emergencies under the Emergency Management Act;
(9) To use or acquire communications facilities now owned or operated by
any state agency and to compensate such agency when appropriate;
(10) To standardize policies and procedures for the use of such services
in such a manner that communications systems in the domain of public safety or
security not be compromised;
(11) To assume responsibility for the maintenance and repair of state-
owned communications facilities so far as practical;
(12) To coordinate and consolidate maintenance and repair procedures and
facilities so far as possible in the light of good business practice and the
requirements of the agencies and departments concerned;
(13) Subject to the conditions provided in section 81-1120.19, to contract
with qualified suppliers and communications common carriers for communications
facilities or services, including private-line services;
(14) To apply for, receive, coordinate, and hold or, if appropriate,
assist agencies in applying for, receiving, or holding such authorizations,
licenses, and allocations of channels and frequencies as are necessary to carry
out the purposes of sections 81-1120.01 to 81-1120.03 and 81-1120.15 to
81-1120.28;
(15) To acquire real estate, equipment, and other property as an agency of
the state, subject to the provisions of section 81-1120.19;
(16) To cooperate with the Nebraska Emergency Management Agency as to its
needs for emergency communications services; and
(17) To insure that communications facilities are not used for any purpose
which is contrary to the policy and intent of sections 81-1120.01 to 81-1120.03
and 81-1120.15 to 81-1120.28 or contrary to the laws and agreements under which
the facilities are to be utilized.
Sec. 43. Section 81-1430, Revised Statutes Supplement, 2025, is amended to
read:
81-1430 (1) A task force is hereby established within the Nebraska
Commission on Law Enforcement and Criminal Justice for the purposes of
investigating and studying human trafficking, the methods for advertising human
trafficking services, and the victimization of individuals coerced to
participate in human trafficking. The task force terminates July 1, 2026.
(2) The task force shall examine the extent to which human trafficking is
prevalent in this state, the scope of efforts being taken to prevent human
trafficking from occurring, and the services available to victims of human
trafficking in this state. The task force shall utilize information and
research available from the Innocence Lost National Initiative. The task force
shall research and recommend a model of rehabilitative services for victims of
human trafficking that includes input from the areas of law enforcement, social
services, the legal profession, the judiciary, mental health, and immigration.
The task force shall also investigate the limitations upon victims who wish to
come forward and seek medical attention; investigate the potential to stop
human trafficking; and investigate the potential to promote recovery, to
protect families and children who may be profoundly impacted by such abuse, and
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to save lives.
(1) (3)(a) The Department of Labor shall develop or select informational
posters for placement around the state. The posters shall be in English,
Spanish, and any other language deemed appropriate by the department. The
posters shall include a toll-free telephone number a person may call for
assistance, preferably the National Human Trafficking Resource Center Hotline
(888)373-7888.
(2) (b) Posters shall be placed in rest stops, strip clubs, and casinos.
The department shall work with local businesses and nonprofit entities
associated with the prevention of human trafficking to voluntarily place
additional signs in high schools, postsecondary educational institutions, gas
stations, hotels, hospitals, health care clinics, urgent care centers,
airports, train stations, bus stations, and other locations around the state
deemed appropriate by the department.
(c) Prior to July 1, 2026, the department shall work with the task force
to carry out this subsection.
(4) The task force shall consist of the following members:
(a) The Attorney General or his or her designee;
(b) The executive director of the Nebraska Commission on Law Enforcement
and Criminal Justice;
(c) The Superintendent of Law Enforcement and Public Safety or his or her
designee;
(d) The Director of Correctional Services or his or her designee;
(e) The chief of police or director of public safety of a city of two
hundred thousand inhabitants or more as determined by the most recent federal
decennial census or the most recent revised certified count by the United
States Bureau of the Census;
(f) The chief of police or director of public safety of a city of less
than two hundred thousand inhabitants as determined by the most recent federal
decennial census or the most recent revised certified count by the United
States Bureau of the Census;
(g) A county sheriff;
(h) A county attorney;
(i) A county commissioner;
(j) A mayor or city manager;
(k) A person involved with the control or prevention of juvenile
delinquency;
(l) A person involved with the control or prevention of child abuse;
(m) The Commissioner of Education or his or her designee;
(n) The director of the Commission on Latino-Americans or his or her
designee; and
(o) Six members, at least three of whom shall be women, from the public at
large.
(5) The Governor shall appoint the members of the task force listed in
subdivisions (4)(e) through (l) and (o) of this section for terms as provided
in subsection (6) of this section. The membership of the task force shall
represent varying geographic areas and large and small political subdivisions.
One member from the public at large shall be a professional representing child
welfare, and one member of the public at large shall represent juvenile
pretrial diversion programs.
(6) The members of the task force appointed by the Governor shall serve
six-year terms, except that of the members first appointed, four shall serve
initial two-year terms, four shall serve initial four-year terms, and six shall
serve initial six-year terms from January 1 next succeeding their appointments.
Thereafter, all members shall serve six-year terms. A member may be reappointed
at the expiration of his or her term. Any vacancy occurring otherwise than by
expiration of a term shall be filled for the balance of the unexpired term in
the same manner as the original appointment.
(7) No member shall serve beyond the time when he or she holds the office,
employment, or status by reason of which he or she was initially eligible for
appointment. Any member of the task force appointed by the Governor may be
removed from the task force for cause upon notice and an opportunity to be
heard at a public hearing. One of the causes for removal shall be absence from
three regularly scheduled meetings of the task force during any six-month
period when the member has failed to advise the task force in advance of such
meeting that he or she will be absent and stating a reason therefor.
(8) The chairperson of the task force shall be designated by the Governor
to serve at the pleasure of the Governor. The chairperson shall be the chief
executive officer of the task force but may delegate such of his or her duties
to other members of the task force as may be authorized by the task force.
(9) Notwithstanding any provision of law, ordinance, or charter provision
to the contrary, membership on the task force shall not disqualify any member
from holding any other public office or employment or cause the forfeiture
thereof.
(10) The members of the task force shall serve on the task force without
compensation, but they shall be entitled to receive reimbursement for expenses
incurred incident to such service as provided in sections 81-1174 to 81-1177.
(11) Eleven members of the task force shall constitute a quorum for the
transaction of any business or the exercise of any power of the task force. The
task force shall have the power to act by a majority of the members present at
any meeting at which a quorum is in attendance.
(12) Every July 1 and December 1 until July 1, 2026, the task force shall
report electronically to the Clerk of the Legislature the results of its
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investigation and study and its recommendations, if any, together with drafts
of legislation necessary to carry its recommendations into effect by filing the
report with the clerk.
Sec. 44. Section 81-1431, Revised Statutes Supplement, 2025, is amended to
read:
81-1431 (1) It is the intent of the Legislature that law enforcement
agencies, prosecutors, public defenders, judges, juvenile detention center
staff, and others involved in the juvenile justice system and the criminal
justice system and other relevant officials be provided mandatory training
regarding issues in human trafficking. Prior to July 1, 2026, the task force
established in section 81-1430 shall work with such agencies, persons, and
staff to develop a proper curriculum for the training and to determine how the
training should be provided. The determination and accompanying legislative
recommendations shall be made by December 1, 2012. Such training shall focus
on:
(1) (a) State and federal law regarding human trafficking;
(2) (b) Methods used in identifying victims of human trafficking who are
United States citizens and foreign nationals, including preliminary interview
techniques and appropriate questioning methods;
(3) (c) Methods for prosecuting human traffickers;
(4) (d) Methods of increasing effective collaboration with nongovernmental
organizations and other relevant social service organizations in the course of
investigating and prosecuting a human trafficking case;
(5) (e) Methods for protecting the rights of victims of human trafficking,
taking into account the need to consider human rights and the special needs of
women and minor victims;
(6) (f) The necessity of treating victims of human trafficking as crime
victims rather than as criminals; and
(7) (g) Methods for promoting the safety and well-being of all victims of
human trafficking.
(2) Prior to July 1, 2026, the task force shall also seek the input and
participation of appropriate nongovernmental organizations and other relevant
organizations regarding the provision, preparation, and presentation of the
training called for in this section.
Sec. 45. Section 81-15,160, Revised Statutes Supplement, 2025, is amended
to read:
81-15,160 (1) The Waste Reduction and Recycling Incentive Fund is created.
The department shall deduct from the fund amounts sufficient to reimburse
itself for its costs of administration of the fund. The fund shall be
administered by the department. The fund shall consist of proceeds from the
fees imposed pursuant to the Waste Reduction and Recycling Incentive Act.
(2) The fund may be used for purposes which include, but are not limited
to:
(a) Technical and financial assistance to political subdivisions for
creation of recycling systems and for modification of present recycling
systems;
(b) Recycling and waste reduction projects, including public education,
planning, and technical assistance;
(c) Market development for recyclable materials separated by generators,
including public education, planning, and technical assistance;
(d) Capital assistance for establishing private and public intermediate
processing facilities for recyclable materials and facilities using recyclable
materials in new products;
(e) Programs which develop and implement composting of yard waste and
composting with sewage sludge;
(f) Technical assistance for waste reduction and waste exchange for waste
generators;
(g) Programs to assist communities and counties to develop and implement
household hazardous waste management programs;
(h) Capital assistance for establishing private and public facilities to
manufacture combustible waste products and to incinerate combustible waste to
generate and recover energy resources, except that no disbursements shall be
made under this section for scrap tire processing related to tire-derived fuel;
(i) Grants for reimbursement of costs to cities of the first class, cities
of the second class, villages, and counties of five thousand or fewer
population for the deconstruction of abandoned buildings. Eligible
deconstruction costs will be related to the recovery and processing of
recyclable or reusable material from the abandoned buildings; and
(j) Administrative costs of the department in fiscal years 2025-26 and
2026-27 to implement, administer, and enforce the Safe Battery Collection and
Recycling Act.
(3) Grants up to one million five hundred thousand dollars annually shall
be available until June 30, 2029, for new scrap tire projects only, if
acceptable scrap tire project applications are received. Eligible categories of
disbursement under section 81-15,161 may include, but are not limited to:
(a) Reimbursement for the purchase of crumb rubber generated and used in
Nebraska, with disbursements not to exceed fifty percent of the cost of the
crumb rubber;
(b) Reimbursement for the purchase of tire-derived product which utilizes
a minimum of twenty-five percent recycled tire content, with disbursements not
to exceed twenty-five percent of the product's retail cost;
(c) Participation in the capital costs of building, equipment, and other
capital improvement needs or startup costs for scrap tire processing or
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manufacturing of tire-derived product, with disbursements not to exceed fifty
percent of such costs or five hundred thousand dollars, whichever is less;
(d) Participation in the capital costs of building, equipment, or other
startup costs needed to establish collection sites or to collect and transport
scrap tires, with disbursements not to exceed fifty percent of such costs;
(e) Cost-sharing for the manufacturing of tire-derived product, with
disbursements not to exceed twenty dollars per ton or two hundred fifty
thousand dollars, whichever is less, to any person annually;
(f) Cost-sharing for the processing of scrap tires, with disbursements not
to exceed twenty dollars per ton or two hundred fifty thousand dollars,
whichever is less, to any person annually;
(g) Cost-sharing for the use of scrap tires for civil engineering
applications for specified projects, with disbursements not to exceed twenty
dollars per ton or two hundred fifty thousand dollars, whichever is less, to
any person annually; and
(h) Disbursement to a political subdivision up to one hundred percent of
costs incurred in cleaning up scrap tire collection and disposal sites. ; and
(i) Costs related to the study provided in section 81-15,159.01.
The director shall give preference to projects which utilize scrap tires
generated and used in Nebraska.
(4) Priority for grants made under section 81-15,161 shall be given to
grant proposals demonstrating a formal public/private partnership except for
grants awarded from fees collected under subsection (6) of section 13-2042.
(5) Grants awarded from fees collected under subsection (6) of section
13-2042 may be renewed for up to a five-year grant period. Such applications
shall include an updated integrated solid waste management plan pursuant to
section 13-2032. Annual disbursements are subject to available funds and the
grantee meeting established grant conditions. Priority for such grants shall be
given to grant proposals showing regional participation and programs which
address the first integrated solid waste management hierarchy as stated in
section 13-2018 which shall include toxicity reduction. Disbursements for any
one year shall not exceed fifty percent of the total fees collected after
rebates under subsection (6) of section 13-2042 during that year.
(6) Any person who stores waste tires in violation of section 13-2033,
which storage is the subject of abatement or cleanup, shall be liable to the
State of Nebraska for the reimbursement of expenses of such abatement or
cleanup paid by the department.
(7) The department may receive gifts, bequests, and any other
contributions for deposit in the Waste Reduction and Recycling Incentive Fund.
Transfers may be made from the fund to the General Fund at the direction of the
Legislature. Any money in the Waste Reduction and Recycling Incentive Fund
available for investment shall be invested by the state investment officer
pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds
Investment Act.
Sec. 46. Section 81-15,210, Revised Statutes Supplement, 2025, is amended
to read:
81-15,210 (1) The director of the Nebraska Emergency Management Agency
shall serve as the State Administrator of the Nebraska Emergency Planning and
Community Right to Know Act.
(2) The State Emergency Response Commission is created and shall be a part
of the Nebraska Emergency Management Agency for administrative purposes. The
commission terminates on July 1, 2026. Beginning July 1, 2026, the duties of
the commission under the Nebraska Emergency Planning and Community Right to
Know Act shall be carried out by the Nebraska Emergency Management Agency. The
membership of the commission shall include the Director of Environment and
Energy or his or her designee, the Director-State Engineer or his or her
designee, the Superintendent of Law Enforcement and Public Safety or his or her
designee, the State Fire Marshal or his or her designee, the director of the
Nebraska Emergency Management Agency or his or her designee, the chief
executive officer of the Department of Health and Human Services or his or her
designee, two elected officials or employees of municipal or county government,
and one citizen member to represent each of the following interest groups:
Firefighters, local emergency management, public or community health,
environmental protection, labor, school district, small business, agricultural
business, chemical industry, highway transportation, and rail transportation.
The Governor shall appoint the municipal or county government officials or
employees and the citizen members with the approval of the Legislature. The
appointments shall be made to represent the three congressional districts as
equally as possible.
(3) The members appointed by the Governor shall be appointed for terms of
four years, except that of the first citizen members appointed, three members
shall serve for one-year terms, three members shall serve for two-year terms,
and two members shall serve for three-year terms, as designated at the time of
appointment.
(4) A vacancy on the commission shall exist in the event of the death,
disability, or resignation of a member. Any member appointed to fill a vacancy
occurring prior to the expiration of the term for which his or her predecessor
was appointed shall be appointed by the Governor for the remainder of such
term.
Sec. 47. Section 81-15,212, Reissue Revised Statutes of Nebraska, is
amended to read:
81-15,212 (1) The Nebraska Emergency Management Agency commission shall:
(a) Appoint local emergency planning committees pursuant to section
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81-15,215; and
(b) Supervise and coordinate the activities of the local emergency
planning committees.
(2) The Nebraska Emergency Management Agency commission shall designate
each county or, where appropriate, multiple counties as emergency planning
districts in order to facilitate preparation and implementation of emergency
plans.
Sec. 48. Section 81-15,214, Reissue Revised Statutes of Nebraska, is
amended to read:
81-15,214 (1) There is hereby created the Nebraska Emergency Planning and
Community Right to Know Cash Fund. The fund may receive gifts, bequests,
grants, fees, or other contributions or donations from public or private
entities. The fund shall be used to carry out the purposes of the Nebraska
Emergency Planning and Community Right to Know Act, including:
(a) The funding of specific projects as approved by the Nebraska Emergency
Management Agency commission; and
(b) The payment of expenses incurred by the Nebraska Emergency Management
Agency commission to administer the fund. Payment from the fund for costs of
administering the fund shall not exceed fifteen percent of the total receipts
of the fund during the fiscal year. The Nebraska Emergency Management Agency
commission shall adopt and promulgate rules and regulations governing
allocations from the fund and shall publish guidelines regarding allocations
from the fund. Any money in the fund available for investment shall be invested
by the state investment officer pursuant to the Nebraska Capital Expansion Act
and the Nebraska State Funds Investment Act.
(2) Entities receiving allocations from the Nebraska Emergency Planning
and Community Right to Know Cash Fund shall expend the allocation in a manner
expressly approved by the Nebraska Emergency Management Agency commission. If
allocations from the fund are used for purposes other than those approved by
the Nebraska Emergency Management Agency commission, the Nebraska Emergency
Management Agency commission may recover by appropriate legal means any funds
spent inconsistent with the terms of the allocation. Any recovered funds shall
be deposited in the fund.
Sec. 49. Section 81-15,215, Reissue Revised Statutes of Nebraska, is
amended to read:
81-15,215 The Nebraska Emergency Management Agency commission shall
appoint the members of each local emergency planning committee for each
emergency planning district established after September 13, 1997. Only one
local emergency planning committee shall be established in each district. To
the extent possible, each committee established prior to, on, or after
September 13, 1997, shall include at a minimum a representative from each of
the following interest groups: State and local elected officials, public
health, local environmental protection, hospitals, firefighters, local
emergency management, law enforcement, transportation, broadcast and print
media, neighborhood and community organizations, and owners and operators of
facilities which are subject to the requirements of the Nebraska Emergency
Planning and Community Right to Know Act. The committee members shall be
appointed for terms of two years, except that of the initial appointees,
approximately one-half of the members shall serve for terms of one year as
designated at the time of appointment. A vacancy on a committee shall exist in
the event of the death, disability, or resignation of a member. Any member
appointed to fill a vacancy occurring prior to the expiration of the term for
which his or her predecessor was appointed shall be appointed for the remainder
of such term.
Sec. 50. Section 81-15,217, Reissue Revised Statutes of Nebraska, is
amended to read:
81-15,217 (1) Each local emergency planning committee shall:
(a) Establish rules governing the functioning of the committee consistent
with the Open Meetings Act and sections 84-712 to 84-712.09. The rules shall
include provisions for public notification of committee activities, public
meetings to discuss the emergency plan required under subdivision (c) of this
subsection, public comments, response to such comments by the committee, and
distribution of the emergency plan;
(b) Establish procedures for receiving and processing requests from the
public for information required to be provided under the Nebraska Emergency
Planning and Community Right to Know Act. The procedures shall include
provisions to inform members of the public of the right to bring an action
under federal law to enforce the act. The procedures shall include the
designation of an official to serve as coordinator for information;
(c) Complete preparation of an emergency plan in accordance with the act
not later than January 1, 1998, unless a plan for the emergency planning
district has previously been submitted and approved by the commission . The
committee shall review and update the plan once a year beginning March 1, 1999,
and each March 1 thereafter, or more frequently as changed circumstances in the
community or at any facility may require;
(d) Evaluate the need for resources necessary to develop, implement, and
exercise the emergency plan and make recommendations with respect to additional
resources that may be required and the means for providing such additional
resources; and
(e) Designate a public library in each county within its district as a
depository for the emergency plan, deliver the plan to the designated library,
and update the plan as necessary.
(2) Each local emergency planning committee may receive gifts, bequests,
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grants, or other contributions or donations from public or private sources to
carry out its duties and the purposes of the act, including, but not limited
to, administrative costs and reimbursement to committee members for their
actual and necessary travel expenses. Any gifts, bequests, grants, or other
contributions or donations received from public or private sources shall be
accounted for in an annual report to the Nebraska Emergency Management Agency
commission. The Nebraska Emergency Management Agency commission shall adopt and
promulgate rules and regulations governing the receipt and use of any gifts,
bequests, grants, or other contributions or donations from public or private
sources.
Sec. 51. Section 81-15,218, Reissue Revised Statutes of Nebraska, is
amended to read:
81-15,218 (1) The owner or operator of each facility in which an extremely
hazardous substance exceeding threshold planning quantities is present shall
notify the Nebraska Emergency Management Agency commission that such facility
is subject to the Nebraska Emergency Planning and Community Right to Know Act
within sixty days after September 13, 1997, unless notification was made prior
to September 13, 1997, and shall notify the Nebraska Emergency Management
Agency commission and the local emergency planning committee of the emergency
planning district in which the facility is located that such facility is
subject to the act within sixty days after an extremely hazardous substance
first becomes present at such facility in excess of the threshold planning
quantity established for such substance. If there is a revision of the
definition of extremely hazardous substances and the facility has present a
substance included in the revised definition in excess of the threshold
planning quantity established for such substance, the owner or operator of the
facility shall notify the Nebraska Emergency Management Agency commission and
the committee of the district in which the facility is located within sixty
days after such revision that such facility is subject to the act.
(2) The Nebraska Emergency Management Agency commission shall notify the
director and the State Administrator of facilities subject to the act. The
notification shall include:
(a) Each notification received from a facility under subsection (1) of
this section; and
(b) Each facility designated by the Nebraska Emergency Management Agency
commission under subsection (3) of this section.
(3) For purposes of emergency planning, the Nebraska Emergency Management
Agency commission may designate additional facilities which are subject to the
act if such designation is made after public notice and opportunity for
comment. The Nebraska Emergency Management Agency commission shall notify the
facility concerned of any designation under this subsection.
Sec. 52. Section 81-15,221, Reissue Revised Statutes of Nebraska, is
amended to read:
81-15,221 Each local emergency planning committee shall provide the
emergency plan to the governing bodies having jurisdiction in the emergency
planning district for review prior to submitting the plan to the Nebraska
Emergency Management Agency commission. The Nebraska Emergency Management
Agency commission shall review the plan and make recommendations to the
committee on revisions to the plan that may be necessary to ensure coordination
of the plan with emergency plans of other emergency planning districts. To the
maximum extent practicable, such review shall not delay implementation of the
plan.
Sec. 53. Section 81-15,224, Reissue Revised Statutes of Nebraska, is
amended to read:
81-15,224 (1) The owner or operator of any facility which is required to
prepare or have available a material safety data sheet for a hazardous chemical
meeting threshold quantity requirements under regulations promulgated under
Title III shall prepare and submit annually on or before March 1 beginning in
1998 a tier II inventory form on data for the preceding calendar year to:
(a) The local emergency planning committee for the emergency planning
district in which the facility is located;
(b) The commission coordinator for information; and
(c) The fire department with jurisdiction over the facility.
(2) An owner or operator may meet the requirements of this section with
respect to a hazardous chemical which is a mixture by doing one of the
following:
(a) Providing information on the tier II inventory form on each element or
compound in the mixture which is a hazardous chemical. If more than one mixture
has the same element or compound, only one listing on the tier II inventory
form for the element or compound at the facility is necessary; or
(b) Providing information on the tier II inventory form on the mixture
itself.
(3) A hazardous chemical subject to the requirements of this section is
any hazardous chemical for which a material safety data sheet or a list of
chemicals is required under section 81-15,223.
(4) A tier II inventory form shall provide the following information for
each hazardous chemical present at the facility:
(a) The chemical name or the common name of the chemical as provided on
the material safety data sheet;
(b) An estimate in ranges of the maximum amount of the hazardous chemical
present at the facility at any time during the preceding calendar year;
(c) An estimate in ranges of the average daily amount of the hazardous
chemical present at the facility during the preceding calendar year;
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(d) A brief description of the manner of storage of the hazardous
chemical;
(e) The location at the facility of the hazardous chemical; and
(f) An indication of whether the owner elects to withhold location
information of a specific hazardous chemical from disclosure to the public
under section 81-15,229.
(5) Upon request by the Nebraska Emergency Management Agency commission,
the director, a committee, or a fire department with jurisdiction over the
facility, the owner or operator of a facility shall provide tier II
information, as described in subsection (4) of this section, to the person
making the request. Any such request shall be with respect to a specific
facility.
(6) A state or local official acting in his or her official capacity may
have access to tier II information by submitting a request to the Nebraska
Emergency Management Agency commission or a committee. Upon receipt of a
request for tier II information, the agency commission or committee shall
request such information from the facility owner or operator and make such
information available to the official.
(7) Any person may make request to the Nebraska Emergency Management
Agency commission, the director, or a committee for tier II information
relating to the preceding calendar year with respect to a facility. Any such
request shall be in writing and shall be with respect to a specific facility.
(8) Any tier II information which the Nebraska Emergency Management Agency
commission, the director, or a committee has in its possession shall be made
available to a person making a request under this section in accordance with
section 81-15,229. If the agency commission, director, or committee does not
have the tier II information in its possession, upon a request for the
information the agency commission, director, or committee shall request the
facility owner or operator for the information with respect to a hazardous
chemical which a facility has stored in an amount in excess of ten thousand
pounds present at the facility at any time during the preceding calendar year
and make such information available in accordance with section 81-15,229 to the
person making the request.
(9) In the case of tier II information which is not in the possession of
the Nebraska Emergency Management Agency commission, the director, or a
committee and which is with respect to a hazardous chemical which a facility
has stored in an amount less than ten thousand pounds present at the facility
at any time during the preceding calendar year, a request from a person must
include the general need for the information. The agency commission, director,
or committee may request the facility owner or operator for the tier II
information on behalf of the person making the request. Upon receipt of any
information requested on behalf of such person, the agency commission,
director, or committee shall make the information available to the person in
accordance with section 81-15,229.
(10) The Nebraska Emergency Management Agency commission, the director, or
a committee shall respond to a request for tier II information under this
section no later than forty-five days after the date of receipt of the request.
(11) An owner or operator of a facility which files an inventory form
under this section shall, upon request by the fire department with jurisdiction
over the facility, allow the fire department to conduct an onsite inspection of
the facility and shall provide to the fire department specific location
information on hazardous chemicals at the facility.
Sec. 54. Section 81-15,229, Revised Statutes Supplement, 2025, is amended
to read:
81-15,229 (1) Each emergency plan, material safety data sheet, list of
chemicals, inventory form, toxic chemical release form, and followup emergency
notice shall be made available to the general public, consistent with section
322 of Title III, during normal working hours at the location or locations
designated by the Department of Water, Energy, and Environment, the Nebraska
Emergency Management Agency commission, or a local emergency planning
committee, as appropriate. Upon request by an owner or operator of a facility
subject to the requirements of section 81-15,224, the Department of Water,
Energy, and Environment, the Nebraska Emergency Management Agency commission,
or the appropriate committee shall withhold from disclosure under this section
the location of any specific chemical required by section 81-15,225 to be
contained in an inventory form as tier II information.
(2) Each local emergency planning committee shall annually publish a
notice in local newspapers that the emergency plan, material safety data
sheets, and inventory forms have been submitted under this section. The notice
shall state that followup emergency notices may subsequently be issued. Such
notice shall announce that members of the public who wish to review any such
plan, sheet, form, or followup notice may do so at the location designated
under subsection (1) of this section.
Sec. 55. Section 81-15,230, Reissue Revised Statutes of Nebraska, is
amended to read:
81-15,230 (1) Any state or local government may commence a civil action
against an owner or operator of a facility for failure to:
(a) Provide notification to the Nebraska Emergency Management Agency
commission under subsection (1) of section 81-15,218;
(b) Submit a material safety data sheet or a list of chemicals under
section 81-15,223;
(c) Make available information requested under subsections (3) and (4) of
section 81-15,223; and
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(d) Complete and submit a tier II inventory form under section 81-15,224.
(2) The Nebraska Emergency Management Agency commission, the director, or
a local emergency planning committee may commence a civil action against an
owner or operator of a facility for failure to provide information under
section 81-15,219 or for failure to submit tier II information under subsection
(5) of section 81-15,224.
(3) The state may commence a civil action against the administrator for
failure to provide information to the state under section 322(g) of Title III.
Sec. 56. Section 81-15,231, Reissue Revised Statutes of Nebraska, is
amended to read:
81-15,231 (1) Any action under section 81-15,230, except as provided in
subsection (2) of this section, against an owner or operator of a facility
shall be brought in the district court for the district in which the alleged
violation occurred.
(2) Any action under subsection (3) of section 81-15,230 against the
administrator may be brought in the United States District Court for the
District of Columbia.
(3) Except as provided in subsection (2) of this section, the district
court shall have jurisdiction in actions brought under section 81-15,230
against an owner or operator of a facility to enforce the requirement concerned
and to impose any civil penalty provided for violation of that requirement. The
district court shall have jurisdiction in actions brought under section
81-15,230 against the Nebraska Emergency Management Agency commission and the
director to order the agency commission and the director to perform the act or
duty concerned.
Sec. 57. Section 85-1002, Reissue Revised Statutes of Nebraska, is amended
to read:
85-1002 For purposes of sections 85-1001 to 85-1007 85-1008, unless the
context otherwise requires, center shall mean the Nebraska Safety Center
created under section 85-1003.
Sec. 58. Section 85-1005, Reissue Revised Statutes of Nebraska, is amended
to read:
85-1005 (1) The Board of Regents of the University of Nebraska may accept
and administer, in accordance with proper financial procedures at the
University of Nebraska at Kearney, gifts, grants, tuition, fees, and private
funds to assist in the operation of the center.
(2) The Board of Regents of the University of Nebraska may request an
appropriation from the General Fund to assist in the operation of the center to
promote the purposes of sections 85-1001 to 85-1007 85-1008.
Sec. 59. Section 85-1643, Revised Statutes Supplement, 2025, is amended to
read:
85-1643 (1) The Private Postsecondary Career Schools Cash Fund is created.
All fees collected pursuant to the Private Postsecondary Career School Act
shall be remitted to the State Treasurer for credit to the fund. The fund shall
be used only for the purpose of administering the act, except that transfers
may be made from the fund to the Education Future Fund at the direction of the
Legislature. No fees shall be subject to refund.
(2) Except as provided in subsection (4) of this section, fees collected
pursuant to the act shall be the following:
(a) Initial application for authorization to operate, two hundred dollars
plus twenty dollars per program of study offered;
(b) Renewal application for authorization to operate, one hundred dollars
plus twenty dollars per program of study offered, except that the board may
establish a variable fee schedule based upon the prior school year's gross
tuition revenue as provided by the school pursuant to section 85-1656;
(c) Approval to operate a branch facility, one hundred dollars;
(d) Late submission of application, fifty dollars;
(e) Initial agent's permit, fifty dollars;
(f) Agent's permit renewal, twenty dollars;
(g) Accreditation or reaccreditation, one hundred dollars;
(h) Initial authorization to award an associate degree, one hundred
dollars;
(i) Significant program change, fifty dollars;
(j) Change of name or location, twenty-five dollars; and
(k) Additional new program, one hundred dollars.
(3) Fees for out-of-state schools may include, but shall not exceed the
following:
(a) Certificate of approval to recruit, five hundred dollars annually;
(b) Initial agent's permit, one hundred dollars; and
(c) Agent's permit renewal, forty dollars.
(4)(a) Prior to July 1, 2026, the board shall consult with the advisory
council established pursuant to section 85-1607 regarding any increase in fees
under the act. The board shall establish fees sufficient to cover the total
cost of administration, except that such fees shall not exceed one hundred ten
percent of the previous year's total cost. Such fees shall be set out in the
rules and regulations adopted and promulgated by the board.
(b) Total cost of administration shall be determined by an annual audit
of:
(i) Salaries and benefits or portions thereof for those department
employees who administer the act;
(ii) Operating costs such as rent, utilities, and supplies;
(iii) Capital costs such as office equipment, computer hardware, and
computer software;
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(iv) Costs for travel by employees of the department, including car
rental, gas, and mileage charges; and
(v) Other reasonable and necessary costs as determined by the board.
Sec. 60. Section 86-502, Reissue Revised Statutes of Nebraska, is amended
to read:
86-502 For purposes of the Information Technology Infrastructure Act, the
definitions found in sections 86-503 to 86-510 86-511 apply.
Sec. 61. Section 86-515, Reissue Revised Statutes of Nebraska, is amended
to read:
86-515 (1) The Nebraska Information Technology Commission is created. The
commission shall consist of (a) one member representing elementary and
secondary education, (b) one member representing postsecondary education, (c)
the Governor or his or her designee, (d) one member representing communities,
and (e) five members representing the general public who have experience in
developing strategic plans and making high-level business decisions. Of the
members representing the general public, the principal business or occupation
of at least one such member shall be agriculture. A member of the
Transportation and Telecommunications Committee of the Legislature shall be
appointed by the Executive Board of the Legislative Council to serve as an ex
officio, nonvoting member of the commission. The Executive Board shall make the
initial appointment of such member after January 5, 2011, and shall appoint a
member every two years after the initial appointment. At any time that there is
not a member of the Educational Service Unit Coordinating Council serving on
the Nebraska Information Technology Commission , the technical panel
established pursuant to section 86-521, or any working groups established
pursuant to sections 86-512 to 86-524 that establish, coordinate, or prioritize
needs for education, the Governor shall appoint to the commission one member
who serves on the Educational Service Unit Coordinating Council.
(2) The Governor or a designee of the Governor shall serve as chairperson
of the commission.
(3) The members of the commission other than the legislative member shall
be appointed by the Governor with the approval of a majority of the
Legislature. Members of the commission shall serve for terms of four years,
except that two members initially appointed to represent the general public
shall be appointed for a term of two years and any member appointed to
represent the Educational Service Unit Coordinating Council shall be appointed
for a term of one year. Members shall be limited to two consecutive terms. The
Governor or his or her designee shall serve on the commission for his or her
term. The legislative member of the commission shall serve until he or she is
reappointed or a successor is appointed. Each member shall serve until the
appointment and qualification of his or her successor. In case of a vacancy
occurring prior to the expiration of the term of a member, the appointment
shall be made only for the remainder of the term.
(4) Members shall be reimbursed for expenses as provided in sections
81-1174 to 81-1177.
(5) The commission may employ or designate an executive director to
provide administrative and operational support for the commission. The
Department of Administrative Services and Nebraska Educational
Telecommunications Commission shall assist with administrative and operational
support for the Nebraska Information Technology Commission as necessary to
carry out its duties.
Sec. 62. Section 86-516, Revised Statutes Supplement, 2025, is amended to
read:
86-516 The commission shall:
(1) Annually by July 1, adopt policies and procedures used to develop,
review, and annually update a statewide technology plan;
(2) Create an information technology clearinghouse to identify and share
best practices and new developments, as well as identify existing problems and
deficiencies;
(3) Review and adopt policies to provide incentives for investments in
information technology infrastructure services;
(4) Determine a broad strategy and objectives for developing and
sustaining information technology development in Nebraska, including long-range
funding strategies, research and development investment, support and
maintenance requirements, and system usage and assessment guidelines;
(5) Adopt guidelines regarding project planning and management and
administrative and technical review procedures involving state-owned or state-
supported technology and infrastructure. Governmental entities, state agencies,
and noneducation political subdivisions shall submit all projects which use any
combination of general funds, federal funds, or cash funds for information
technology purposes to the process established by sections 86-512 to 86-524.
The commission may adopt policies that establish the format and minimum
requirements for project submissions. The commission may monitor the progress
of any such project and may require progress reports;
(6) Adopt minimum technical standards, guidelines, and architectures upon
recommendation by the technical panel. Such standards and guidelines shall not
unnecessarily restrict the use of new technologies or prevent commercial
competition, including competition with Network Nebraska;
(7) Establish ad hoc technical advisory groups to study and make
recommendations on specific topics, including workgroups to establish,
coordinate, and prioritize needs for education, local communities,
intergovernmental data communications, and state agencies;
(8) By November 15 of each even-numbered year, make recommendations on
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technology investments to the Governor and the Legislature, including a
prioritized list of projects , reviewed by the technical panel pursuant to
section 86-521. The recommendations submitted to the Legislature shall be
submitted electronically;
(9) Approve grants from the Community Technology Fund and Government
Technology Collaboration Fund;
(10) Adopt schedules and procedures for reporting needs, priorities, and
recommended projects;
(11) Assist the Chief Information Officer in developing and maintaining
Network Nebraska pursuant to section 86-5,100; and
(12) Determine the format that state agencies, boards, and commissions
shall use to report their information technology plans under section 86-524.01.
The commission shall include an analysis of such plans in the statewide
technology plan. ; and
(13) Beginning July 1, 2026, assume the duties of the technical panel.
Sec. 63. Section 86-522, Reissue Revised Statutes of Nebraska, is amended
to read:
86-522 The Community Technology Fund is created. The fund shall be granted
to public entities or for the public entity's share of public-private
partnerships by the commission. The fund shall be used to provide incentives
for collaborative community and regional approaches toward more effective and
efficient use of technology to meet the needs of citizens, political
subdivisions, and other entities as determined by the commission. Expenditures
from the fund shall be approved by the commission only after review by the
technical panel. The fund shall be administered by the office of Chief
Information Officer. Any money in the fund available for investment shall be
invested by the state investment officer pursuant to the Nebraska Capital
Expansion Act and the Nebraska State Funds Investment Act.
Sec. 64. Section 86-523, Reissue Revised Statutes of Nebraska, is amended
to read:
86-523 The Government Technology Collaboration Fund is created. The fund
shall be granted by the commission. The fund shall be used to provide
incentives for collaborative technology projects and programs by state
agencies, boards, and commissions and to assist in meeting the technology needs
of small agencies as determined by the commission. Expenditures from the fund
shall be approved by the commission only after review by the technical panel.
The fund shall be administered by the office of Chief Information Officer. Any
money in the fund available for investment shall be invested by the state
investment officer pursuant to the Nebraska Capital Expansion Act and the
Nebraska State Funds Investment Act.
Sec. 65. Section 86-572, Reissue Revised Statutes of Nebraska, is amended
to read:
86-572 The Geographic Information Systems Council shall:
(1) Make recommendations to the Legislature and the Nebraska Information
Technology Commission for program initiatives and funding. The recommendations
submitted to the Legislature shall be submitted electronically;
(2) Establish guidelines and policies for statewide Geographic Information
Systems operations and management to include:
(a) The acquisition, development, maintenance, quality assurance such as
standards, access, ownership, cost recovery, and priorities of databases;
(b) The compatibility, acquisition, and communications of hardware and
software;
(c) The assessment of needs, identification of scope, setting of
standards, and determination of an appropriate enforcement mechanism;
(d) The fostering of training programs and promoting education and
information about Geographic Information Systems; and
(e) The promoting of Geographic Information Systems development in the
State of Nebraska and providing or coordinating additional support to address
Geographic Information Systems issues as such issues arise;
(3) Report to, assist, and advise the Chief Information Officer in setting
information technology policy; and
(4) Provide assistance as requested by the commission and support the
technical panel created in section 86-521.
Sec. 66. Section 90-203, Reissue Revised Statutes of Nebraska, is amended
to read:
90-203 (1) For purposes of this section, qualified property means the
43.55 acres that were deemed to be not needed for state purposes pursuant to
section 90-202 and were deemed to be excess land by the Vacant Building and
Excess Land Committee prior to July 1, 2026.
(2) Notwithstanding sections 72-811 to 72-818 or any other provision of
law, the Director of Administrative Services shall, within thirty days after
April 28, 2017, submit a request to the Legislature and the Governor asking for
authorization to convey the qualified property to the Northeast Community
College Area as a donation so that the qualified property may be used for the
purpose of development of the Northeast Community College Technology Park.
(3) Approval of the Governor and the Legislature or, if the Legislature is
not in session, the Executive Board of the Legislative Council shall be
required to donate the qualified property to the Northeast Community College
Area.
(4) If the Northeast Community College Area sells the qualified property
within ten years after it is donated pursuant to this section, all proceeds of
the sale shall be remitted to the State Treasurer for credit to the General
Fund.
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Sec. 67. This act becomes operative on July 1, 2026.
Sec. 68. Original sections 2-1814, 2-1816, 38-315, 38-317, 39-2108,
49-1499.02, 71-7010, 71-7013, 72-813, 72-814, 72-815, 72-816, 72-818, 81-1117,
81-1120.17, 81-15,212, 81-15,214, 81-15,215, 81-15,217, 81-15,218, 81-15,221,
81-15,224, 81-15,230, 81-15,231, 85-1002, 85-1005, 86-502, 86-515, 86-522,
86-523, 86-572, and 90-203, Reissue Revised Statutes of Nebraska, sections
39-2310, 43-4215, 43-4217, and 66-4,100, Revised Statutes Cumulative
Supplement, 2024, and sections 38-167, 38-204, 38-308, 38-605, 38-703, 38-904,
38-2120, 38-2213, 38-2214, 38-2216, 38-2306, 39-2106, 39-2301.01, 43-4203,
43-4513, 71-814, 71-5310, 71-7107, 71-7108, 71-7109, 71-7110, 72-811,
81-1108.41, 81-1430, 81-1431, 81-15,160, 81-15,210, 81-15,229, 85-1643, and
86-516, Revised Statutes Supplement, 2025, are repealed.
Sec. 69. The following sections are outright repealed: Sections 2-1802,
2-1804, 2-1805, 2-1806, 2-1807, 2-1808, 2-1809, 2-1810, 2-1811, 2-1812, 2-4902,
2-5002, 2-5005, 2-5006, 72-2102, 72-2104, 72-2105, 81-15,195, 81-15,211,
82-701, 82-702, 82-704, 82-705, and 82-707, Reissue Revised Statutes of
Nebraska, sections 39-2305 and 72-2103, Revised Statutes Cumulative Supplement,
2024, and sections 2-1801, 2-1803, 2-1826, 2-4901, 2-5001, 2-5003, 38-205,
38-310, 39-2304, 43-4001, 43-4216, 66-2001, 71-702, 71-705, 71-706, 71-815,
71-2454.01, 71-5311, 71-7012, 72-812, 72-2101, 81-1139.02, 81-1348,
81-15,159.01, 81-15,245, 81-15,246, 82-703, 82-706, 85-1008, 85-1607, 86-511,
86-521, 86-1101, 86-1102, and 86-1103, Revised Statutes Supplement, 2025.
Sec. 70. Since an emergency exists, this act takes effect when passed and
approved according to law.
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