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LEGISLATIVE BILL 921
Approved by the Governor April 14, 2026
Introduced by Ibach, 44.
A BILL FOR AN ACT relating to law; to amend sections 48-628, 48-2209, 81-401,
81-406, 81-8,236, 81-8,300, 81-8,316, and 81-8,318, Reissue Revised
Statutes of Nebraska, and section 48-604, Revised Statutes Supplement,
2025; to adopt the Nebraska Worker Adjustment and Retraining Notification
Act and the Health Care Staffing Agency Registration Act; to change
provisions relating to employment and to disqualify certain individuals
from receiving benefits under the Employment Security Law; to change
certain employer duties under the Non-English-Speaking Workers Protection
Act; to grant authority to the Governor; to change provisions relating to
a cash fund; to allow counties to file multiple claims relating to
correctional institution incidents; to redefine terms and change
provisions relating to the investigation and appeal of claims under the In
the Line of Duty Compensation Act; to harmonize provisions; to provide
operative dates; and to repeal the original sections.
Be it enacted by the people of the State of Nebraska,
Section 1. Sections 1 to 6 of this act shall be known and may be cited as
the Nebraska Worker Adjustment and Retraining Notification Act.
Sec. 2. For purposes of the Nebraska Worker Adjustment and Retraining
Notification Act:
(1) Business closing means the permanent or temporary shutdown of a single
site of employment of one or more facilities or operating units that will
result in an employment loss for one hundred or more employees, other than
part-time employees;
(2) Department means the Department of Labor;
(3) Employee means a worker who may reasonably expect to experience an
employment loss as a consequence of a proposed business closing or mass layoff
by an employer;
(4) Employer means a person who employs one hundred or more employees,
excluding part-time employees;
(5) Employment loss means an employment termination, other than a
discharge for cause, voluntary separation, or retirement; a layoff exceeding
six months; or a reduction in hours of more than fifty percent of work of
individual employees during each month of a six-month period. Employment loss
does not include instances when a business closing or mass layoff is the result
of the relocation or consolidation of part or all of the employer's business
and, before the business closing or mass layoff, the employer offers to
transfer the employee to a different site of employment within a reasonable
commuting distance with no more than a six-month break in employment;
(6) Mass layoff means a reduction in employment force that is not the
result of a business closing and results in an employment loss at a single site
of employment during any thirty-day period of one hundred or more employees,
other than part-time employees;
(7) Part-time employee means an employee who is employed for an average of
fewer than twenty hours per week or an employee, including a full-time
employee, who has been employed for fewer than six of the twelve months
preceding the date on which notice is required. However, if an applicable
collective bargaining agreement defines a part-time employee, such definition
shall supersede the definition in this subdivision;
(8) Representative means an exclusive representative of employees within
the meaning of section 9(a) of the federal National Labor Relations Act, 29
U.S.C. 151 et seq., and the federal Railway Labor Act, 45 U.S.C. 151 et seq.;
and
(9) Single site of employment means a single location or a group of
contiguous locations, such as a group of structures that form a campus or
business park or separate facilities across the street from each other.
Sec. 3. (1)(a) An employer who plans a business closing or a mass layoff
shall not order such action until the end of a ninety-day period which begins
after the employer serves written notice of such action to the affected
employees or their representatives and to the department. However, if an
applicable collective bargaining agreement designates a different notice
period, the notice period in the collective bargaining agreement shall govern.
The employer shall provide notice to the department if the worker is covered by
a collective bargaining agreement.
(b) An employer who has previously announced and carried out a short-term
mass layoff of six months or less which is extended beyond six months due to
business circumstances not reasonably foreseeable at the time of the initial
mass layoff is required to give notice when it becomes reasonably foreseeable
that the extension is required. A mass layoff extending beyond six months from
the date the mass layoff commenced for any other reason shall be treated as an
employment loss from the date of commencement of the mass layoff.
(c) In the case of the sale of part or all of a business, the seller is
responsible for providing notice of any business closing or mass layoff which
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will take place up to and on the effective date of the sale. The buyer is
responsible for providing notice of any business closing or mass layoff that
will take place thereafter.
(2)(a) Notice from the employer to the affected employees or their
representatives and to the department shall be in written form and shall
contain the following:
(i) The name and address of the employment site where the business closing
or mass layoff will occur, and the name and telephone number of a company
official to contact for further information;
(ii) A statement as to whether the planned action is expected to be
permanent or temporary and, if the entire business is to be closed, a statement
to that effect;
(iii) The expected date of the first employment loss and the anticipated
schedule for employment losses;
(iv) The job titles of positions to be affected and the names of the
employees currently holding the affected jobs. The notice to the department
shall also include the addresses of the affected employees. The department
shall maintain the confidentiality of the names and addresses of employees
received by the department; and
(v) Copies of all employee handbooks, personnel policies, and employment-
related policies applicable to the affected employees, or a written statement
identifying the specific online location or locations where such handbooks or
policies may be accessed without restriction up until the expected date of the
first employment loss.
(b) The notice may include additional information useful to the employees,
such as information about available dislocated worker assistance and, if the
planned action is expected to be temporary, the estimated duration, if known.
(3) Any reasonable method of delivery to the affected employees or their
representatives and the department which is designed to ensure receipt of
notice of at least ninety days before the planned action is acceptable. In the
case of notification directly to affected employees, insertion of notice into
pay envelopes is a viable option. The employer must also post the notice in a
conspicuous location in the languages spoken by at least five percent of the
employer's workforce.
Sec. 4. (1) If a business closing or mass layoff constitutes a strike or
constitutes a lockout not intended to evade the requirements of the Nebraska
Worker Adjustment and Retraining Notification Act, notice is not required to be
given by the employer. The Nebraska Worker Adjustment and Retraining
Notification Act does not require an employer to serve written notice when
permanently replacing an employee who is deemed to be an economic striker under
the federal National Labor Relations Act. The Nebraska Worker Adjustment and
Retraining Notification Act shall not be deemed to validate or invalidate any
judicial or administrative ruling relating to the hiring of permanent
replacements for economic strikers under the federal National Labor Relations
Act. If an employer hires temporary workers to replace employees during the
course of a strike or lockout and later terminates these temporary workers at
the conclusion of the strike or lockout, the Nebraska Worker Adjustment and
Retraining Notification Act does not require an employer to serve written
notice on the terminated temporary workers.
(2)(a) When affected employees will not be terminated on the same date,
the date of the first individual employment loss within the ninety-day notice
period triggers the notice requirement. An employee's last day of employment is
considered the date of that employee's layoff. The first and subsequent groups
of terminated employees are entitled to a full ninety days' notice.
(b) An employer shall give notice if the number of employment losses of
two or more actions in any ninety-day period triggers the notice requirements
in section 3 of this act for a business closing or a mass layoff. An employer
is not required to give notice if the number of employment losses from one
action in a thirty-day period does not meet the requirements of section 3 of
this act. All employment losses in any ninety-day period shall be aggregated to
trigger the notice requirement unless the employer demonstrates to the
department that the employment losses during the ninety-day period are the
result of separate and distinct actions and causes.
(3)(a) Additional notice is required if the date or schedule of dates of a
planned business closing or mass layoff is extended beyond the date or the
ending date of any period announced in the original notice.
(b) If the postponement is for less than thirty days, the additional
notice shall be given as soon as possible to the affected employees or their
representatives and the department and shall include reference to the earlier
notice, the date to which the planned action is postponed, and the reasons for
the postponement. The notice shall be given in a manner which will provide the
information to all affected employees.
(c) If the postponement is for more than thirty days, the additional
notice shall be treated as new notice subject to the provisions of section 3 of
this act.
(4)(a) An exception to the ninety-day notice applies to business closings,
but not to mass layoffs, if the following requirements are met:
(i) An employer must have been actively seeking capital or business at the
time that the ninety-day notice would have been required by seeking financing
or refinancing through the arrangement of loans or the issuance of stocks,
bonds, or other methods of internally generated financing, or by seeking
additional money, credit, or business through any other commercially reasonable
method. The employer must identify specific actions taken to obtain capital or
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business;
(ii) The employer must, at the time notice is actually given, provide a
statement of explanation for reducing the notice period in addition to the
other notice requirements in section 3 of this act;
(iii) There must have been a realistic opportunity to obtain the financing
or business sought;
(iv) The financing or business sought must have been sufficient, if
obtained, to have enabled the employer to avoid or postpone the shutdown. The
employer must be able to objectively demonstrate that the amount of capital or
the volume of new business sought would have enabled the company to keep the
facility, operating unit, or site open for a reasonable period of time; and
(v) The employer reasonably and in good faith must have believed that
giving the required notice would have precluded the employer from obtaining the
needed capital or business. The employer must be able to objectively
demonstrate that the employer reasonably thought that a potential customer or
source of financing would have been unwilling to provide the new business or
capital if notice had been given. This condition may be satisfied if the
employer can show that the financing or business source would not choose to do
business with a troubled company or with a company whose workforce would be
looking for other jobs.
(b) The exception provided in subdivision (4)(a) of this section shall be
narrowly construed.
(5) An exception to the ninety-day notice applies to business closings and
to mass layoffs if the following requirements are met:
(a) Business circumstances occurred that were not reasonably foreseeable
at the time that the ninety-day notice would have been required. An important
indicator of a reasonably unforeseeable business circumstance is that the
circumstance is caused by some sudden, dramatic, and unexpected action or
condition outside the employer's control;
(b) The employer must, at the time notice is actually given, provide a
statement of explanation for reducing the notice period in addition to the
other notice requirements in section 3 of this act; and
(c) The employer must exercise commercially reasonable business judgment
as would a similarly situated employer in predicting the demands of the
employer's particular market. The employer is not required to accurately
predict general economic conditions that also may affect demand for products or
services.
(6)(a) An exception to the ninety-day notice applies to business closings
and to mass layoffs if the following requirements are met:
(i) A natural disaster occurred at the time that the ninety-day notice
would have been required. Floods, earthquakes, droughts, storms, tornadoes, and
similar effects of nature shall be considered natural disasters for purposes of
this subsection;
(ii) The employer must, at the time notice is actually given, provide a
statement of explanation for reducing the notice period in addition to the
other notice requirements in section 3 of this act; and
(iii) An employer must be able to demonstrate that the business closing or
mass layoff is a direct result of the natural disaster.
(b) If a business closing or mass layoff occurs as an indirect result of a
natural disaster, the exception provided in this subsection does not apply but
the unforeseeable business circumstance exception provided in subsection (5) of
this section may be applicable.
(7) The ninety-day notice requirement in section 3 of this act may be
reduced by the number of days for which severance payments or wages in lieu of
notice are paid by the employer to the employee for work days occurring during
the notice period. A severance payment or wages in lieu of notice shall be at
least an amount equivalent to the regular pay the employee would earn for the
work days occurring during the notice period.
Sec. 5. (1) The department shall enforce the Nebraska Worker Adjustment
and Retraining Notification Act.
(2) An employer who violates section 3 of this act shall be subject to a
civil penalty of not more than one hundred dollars for each day of the
violation.
(3) The civil penalty provided for in this section shall be the exclusive
remedy for any violation of the Nebraska Worker Adjustment and Retraining
Notification Act. Under the act, a court shall not have authority to enjoin a
business closing or mass layoff.
Sec. 6. The department may adopt and promulgate rules and regulations to
carry out the Nebraska Worker Adjustment and Retraining Notification Act.
Sec. 7. Sections 7 to 15 of this act shall be known and may be cited as
the Health Care Staffing Agency Registration Act.
Sec. 8. For purposes of the Health Care Staffing Agency Registration Act:
(1) Commissioner means the Commissioner of Labor;
(2) Department means the Department of Labor;
(3)(a) Direct services means nursing services or other services provided
to consumers through person-to-person contact; and
(b) Direct services does not mean:
(i) Services performed by an individual in a health care entity that do
not involve the provision of any direct service to a consumer of a health care
entity;
(ii) The practice of medicine and surgery or osteopathic medicine and
surgery by an individual licensed under the Medicine and Surgery Practice Act;
or
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(iii) The practice of nursing by a nurse practitioner licensed under the
Nurse Practitioner Practice Act;
(4) Health care entity means a health care facility or a health care
service;
(5) Health care facility has the same meaning as in section 71-413;
(6) Health care service has the same meaning as in section 71-415;
(7) Health care staffing agency means an individual, a trust, a
partnership, a corporation, a limited liability partnership, a limited
liability company, or any other business entity that provides one or more
temporary workers to provide direct services in a separate, third-party health
care entity. Health care staffing agency includes a health care technology
platform;
(8) Health care technology platform means an individual, a trust, a
partnership, a corporation, a limited liability partnership, a limited
liability company, or any other business entity that developed and operates,
offers, or maintains a system or technology that provides a marketplace, by
means of the Internet or a software application, which allows (a) a worker, in
the sole discretion of such worker, to choose when and how often to utilize the
platform to bid on or select an open shift posted by a health care entity and
(b) a health care entity to set rates with the platform that can only be
changed by a contractual amendment between the parties;
(9)(a) Nursing services means services that may be provided only by or
under the supervision of a nurse; and
(b) Nursing services does not mean the practice of nursing by a nurse
practitioner licensed under the Nurse Practitioner Practice Act; and
(10) Worker means an individual who contracts with or is employed by a
health care staffing agency to provide direct services for a health care
entity.
Sec. 9. (1) A health care staffing agency operating in the state shall
register annually with the department. As a condition of eligibility for
registration, the applicant shall certify that the health care staffing agency
is in compliance with section 11 of this act.
(2) An applicant for registration and renewal of registration shall, for
each separate physical location at which the applicant intends to operate as a
health care staffing agency in Nebraska, file an application in a form
prescribed by the department and pay an annual registration fee of one thousand
five hundred dollars to the department, except that if the applicant is a
health care staffing agency operating in Nebraska that does not maintain a
physical location in Nebraska, the application shall be for the state generally
and the annual registration fee shall be one thousand five hundred dollars for
such application. An application for the renewal of a registration shall be
made at least sixty days prior to the expiration of the then-current
registration period. The department shall issue the applicant a separate
certification of registration for each physical location at which the applicant
intends to operate as a health care staffing agency in Nebraska upon approval
of registration and payment of the fee, except that if the applicant is a
health care staffing agency operating in Nebraska that does not maintain a
physical location in Nebraska, the department shall issue one certificate of
registration to the applicant for the state generally. The application shall
include appropriate evidence of ability to comply with the requirements of
section 10 of this act. The department shall remit the fees to the State
Treasurer for credit to the Contractor and Professional Employer Organization
Registration Cash Fund.
(3) If the commissioner denies an application for registration or renewal
of registration of a health care staffing agency, the commissioner shall issue
a notice of denial. The health care staffing agency may file an appeal with the
commissioner within twenty days after the date of mailing of the notice of
denial. Except as otherwise provided in the Health Care Staffing Agency
Registration Act, an appeal under this section shall be governed by the
Administrative Procedure Act.
Sec. 10. (1) A health care staffing agency shall:
(a) Ensure that each worker complies with all applicable requirements
relating to the federal and state licensing, certification, registration, and
health care requirements and qualifications for personnel providing direct
services in a health care entity. Unless the contract between the health care
entity and the health care staffing agency provides otherwise, the health care
staffing agency shall not be responsible for each worker's compliance with the
health care entity's organization-specific requirements;
(b) Document that each worker meets the minimum federal and state
licensing, certification, registration, and health care requirements as
applicable for the worker's position in the health care entity;
(c) Maintain a record for each worker and report, file, or otherwise
provide any required documentation to any external party or regulator if such
duties would otherwise be the responsibility of the health care entity if the
worker was an employee of the health care entity. A health care technology
platform shall make available records stored on the platform for all workers,
including documents required pursuant to subdivisions (1)(b) and (d) and
subsection (2) of this section; and
(d) Maintain or require each worker to maintain professional and general
liability insurance coverage with minimum per occurrence coverage of one
million dollars and aggregate coverage of three million dollars to insure
against loss, damage, or expense incident to a claim arising out of the death
or injury of any individual as the result of negligence or malpractice in the
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provision of services by the health care staffing agency or a worker of the
agency.
(2) A health care staffing agency shall provide the department with (a)
proof of a certificate or policy of insurance written by an insurance carrier
duly authorized to do business in this state which gives the effective dates of
workers' compensation insurance coverage indicating that it is in force, (b)
proof of a certificate evidencing approval of self-insurance privileges as
provided by the Nebraska Workers' Compensation Court pursuant to section
48-145, (c) a signed statement indicating that the health care staffing agency
is not required to carry workers' compensation insurance pursuant to the
Nebraska Workers' Compensation Act, or (d) proof of a certificate evidencing
occupational accident coverage for all workers employed by the health care
staffing agency in the state.
(3) A health care staffing agency that ceases to engage in the business of
or act as a health care staffing agency shall notify the department of such
fact and maintain all files and other records relating to its business as a
health care staffing agency in Nebraska for a period of two years. Such files
and records shall be made available to the department within fourteen calendar
days after such files and records are requested by the department.
Sec. 11. (1) A health care staffing agency shall not:
(a) Include in any contract with a worker or a health care entity a
noncompete clause restricting in any manner the employment opportunities of a
worker; or
(b) In any contract with a worker or a health care entity, require payment
of liquidated damages, employment fees, or other compensation if the worker is
subsequently hired as a permanent employee of the health care entity, except
that this subdivision (b) shall not apply to (i) payments made solely by a
health care entity pursuant to a contract with a health care staffing agency
which provides that the payment amount will be reduced pro rata for each hour
of service the worker performs for the entity while on the payroll of such
agency and that such amount will be reduced to zero upon completion of no more
than seven hundred twenty hours of service for the entity or (ii) payments made
by a foreign worker whom the staffing agency assisted in obtaining
authorization to work in the United States and the worker was assigned to a
single health care entity for an initial term of not less than twenty-four
months.
(2) Any clause of a contract that violates this section is void.
Sec. 12. (1) If the commissioner determines that a health care staffing
agency (a) failed to register as required by the Health Care Staffing Agency
Registration Act, (b) violated section 10 or 11 of this act, (c) failed to
provide documentation pursuant to section 13 of this act, or (d) knowingly
provided to a health care entity a worker who has an illegally or fraudulently
obtained or issued diploma, registration, license, certification, or background
check, the commissioner may take one or more of the following actions:
(i) Assess a civil penalty of not more than five hundred dollars for a
first offense and five thousand dollars for each offense thereafter; or
(ii) Revoke the registration for a period of no more than one calendar
year. This revocation shall apply to all locations of the health care staffing
agency.
(2) If the commissioner determines that a civil penalty or revocation is
warranted under this section, the commissioner shall issue a notice of citation
that notifies the health care staffing agency of the proposed civil penalty or
revocation. The notice of citation shall be sent by certified mail or any other
manner of delivery by which the United States Postal Service can verify
delivery.
(3) A health care staffing agency may appeal any notice of citation by
filing an appeal with the commissioner within twenty days after the date of
mailing of the notice of citation. Except as otherwise provided in the Health
Care Staffing Agency Registration Act, an appeal under this subsection shall be
governed by the Administrative Procedure Act.
(4) No penalty or revocation shall become effective until the later of the
day following expiration of the appeal period or thirty days after a decision
on appeal has become final. Once a revocation becomes effective, it is
effective for one calendar year and applies to revoke any then-current
registration for all locations of the health care staffing agency and to
preclude the health care staffing agency from applying for a new registration
for any location during the revocation period. A health care staffing agency
that has substantially common ownership or management as a health care staffing
agency whose registration has been revoked under this section shall not be
eligible for registration during the revocation period.
(5) In any civil action to enforce the Health Care Staffing Agency
Registration Act, the commissioner and the state may be represented by any
qualified attorney who is employed by the commissioner and is designated by the
commissioner for this purpose or, at the commissioner's request, by the
Attorney General.
Sec. 13. (1) The commissioner shall establish a system for the public to
report complaints against a health care staffing agency or worker regarding
compliance with the Health Care Staffing Agency Registration Act. The
commissioner shall investigate any complaint received.
(2) The commissioner may investigate to determine if a health care
staffing agency is in compliance with the Health Care Staffing Agency
Registration Act and shall conduct random audits of health care staffing
agencies with workers in Nebraska. Any investigation or audit shall take place
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at such times and places as the commissioner directs, with no fewer than three
business days' prior notice.
(3) For purposes of any investigation or audit under this section, the
commissioner or any officer designated by the commissioner may administer oaths
and affirmations, subpoena witnesses, compel their attendance, take evidence,
and require the production of any books, papers, correspondence, memoranda,
agreements, or other documents or records that the commissioner deems relevant
or material to the investigation.
(4) In case of contumacy by or refusal to obey a subpoena issued to any
person, any court of competent jurisdiction, upon application by the
commissioner and determination that such refusal was not based on a reasonable
interpretation of applicable law, may issue to such person an order requiring
such person to appear before the commissioner or the officer designated by the
commissioner and produce documentary evidence, if so ordered, or give evidence
affecting the matter under investigation or in question. Such person shall be
afforded an opportunity to provide the commissioner and, if an application is
made to a court of competent jurisdiction by the commissioner to enforce the
subpoena, the court with an analysis or argument as to why such contumacy or
refusal is based on a reasonable interpretation of applicable law. Any failure
to obey the order of the court may be punished by the court as contempt.
Sec. 14. (1) The department shall create a database of health care
staffing agencies registered under the Health Care Staffing Agency Registration
Act. The department shall make the database accessible to the public on its
website.
(2) The database shall include, but not be limited to, the following
information:
(a) The date of registration approval for the health care staffing agency;
and
(b) The date of expiration or revocation of the registration of the health
care staffing agency.
Sec. 15. The department may adopt and promulgate rules and regulations to
carry out the Health Care Staffing Agency Registration Act.
Sec. 16. Section 48-604, Revised Statutes Supplement, 2025, is amended to
read:
48-604 As used in the Employment Security Law, unless the context
otherwise requires, employment shall mean:
(1) Any service performed, including service in interstate commerce, for
wages under a contract of hire, written or oral, express or implied;
(2) The term employment shall include an individual's entire service,
performed within or both within and without this state if (a) the service is
localized in this state, (b) the service is not localized in any state but some
of the service is performed in this state and the base of operations or, if
there is no base of operations, then the place from which such service is
directed or controlled is in this state or the base of operations or place from
which such service is directed or controlled is not in any state in which some
part of the service is performed but the individual's residence is in this
state, (c) the service shall be deemed to be localized within a state if (i)
the service is performed entirely within such state or (ii) the service is
performed both within and without such state, but the service performed without
such state is incidental to the individual's service within the state, for
example, is temporary or transitory in nature or consists of isolated
transactions;
(3) Services performed outside the state and services performed outside
the United States as follows:
(a) Services not covered under subdivision (2) of this section and
performed entirely without this state, with respect to no part of which
contributions are required under an unemployment compensation law of any other
state or of the federal government, shall be deemed to be employment subject to
the Employment Security Law if the commissioner approves the election of the
employer, for whom such services are performed, that the entire service of such
individual shall be deemed to be employment subject to such law;
(b) Services of an individual wherever performed within the United States
or Canada if (i) such service is not covered under the employment compensation
law of any other state or Canada and (ii) the place from which the service is
directed or controlled is in this state; and
(c)(i) Services of an individual who is a citizen of the United States,
performed outside the United States except in Canada in the employ of an
American employer, other than service which is deemed employment under
subdivisions (2) and (3)(a) and (b) of this section or the parallel provisions
of another state's law, if:
(A) The employer's principal place of business in the United States is
located in this state;
(B) The employer has no place of business in the United States, but the
employer is an individual who is a resident of this state; the employer is a
corporation or limited liability company which is organized under the laws of
this state; or the employer is a partnership or a trust and the number of the
partners or trustees who are residents of this state is greater than the number
who are residents of any other state; or
(C) None of the criteria of subdivisions (A) and (B) of this subdivision
are met, but the employer has elected coverage in this state or, the employer
having failed to elect coverage in any state, the individual has filed a claim
for benefits based on such service under the laws of this state.
(ii) American employer, for the purposes of this subdivision, shall mean:
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(A) An individual who is a resident of the United States; (B) a partnership if
two-thirds or more of the partners are residents of the United States; (C) a
trust if all the trustees are residents of the United States; or (D) a
corporation or limited liability company organized under the laws of the United
States or of any state.
(iii) The term United States for the purpose of this section includes the
states, the District of Columbia, the Virgin Islands, and the Commonwealth of
Puerto Rico;
(4)(a) Service performed in the employ of this state or any political
subdivision thereof or any instrumentality of any one or more of the foregoing
or any instrumentality which is wholly owned by this state and one or more
other states or political subdivisions, or any service performed in the employ
of any instrumentality of this state or of any political subdivision thereof
and one or more other states or political subdivisions if such service is
excluded from employment as defined in the Federal Unemployment Tax Act, as
amended, solely by reason of 26 U.S.C. 3306(c)(7), and is not otherwise
excluded under this section;
(b) Service performed by an individual in the employ of a religious,
charitable, educational, or other organization, but only if the following
conditions are met: (i) The service is excluded from employment as defined in
the Federal Unemployment Tax Act, as amended, solely by reason of 26 U.S.C.
3306(c)(8), and is not otherwise excluded under this section; and (ii) the
organization had four or more individuals in employment for some portion of a
day in each of twenty different weeks, whether or not such weeks were
consecutive, within either the current or preceding calendar year, regardless
of whether they were employed at the same moment of time;
(c)(i) Service performed by an individual in agricultural labor if such
service is performed for a person who during any calendar quarter in either the
current or preceding calendar year paid remuneration in cash of twenty thousand
dollars or more to individuals employed in agricultural labor, or for some
portion of a day in each of twenty different calendar weeks, whether or not
such weeks were consecutive, in either the current or the preceding calendar
year, employed in agricultural labor ten or more individuals, regardless of
whether they were employed at the same moment of time.
(ii) For purposes of this subdivision:
(A) Any individual who is a member of a crew furnished by a crew leader to
perform services in agricultural labor for any other person shall be treated as
an employee of such crew leader if such crew leader holds a valid certificate
of registration under the Migrant and Seasonal Agricultural Worker Protection
Act, as amended, 29 U.S.C. 1801 et seq.; substantially all the members of such
crew operate or maintain tractors, mechanized harvesting or cropdusting
equipment, or any other mechanized equipment, which is provided by such crew
leader; and such individual is not an employee of such other person within the
meaning of any other provisions of this section; and
(B) In case any individual who is furnished by a crew leader to perform
service in agricultural labor for any other person and who is not treated as an
employee of such crew leader under subdivision (A) of this subdivision, such
other person and not the crew leader shall be treated as the employer of such
individual and such other person shall be treated as having paid cash
remuneration to such individual in an amount equal to the amount of cash
remuneration paid to such individual by the crew leader, either on his or her
own behalf or on behalf of such other person, for the service in agricultural
labor performed for such other person; and
(d) Service performed by an individual in domestic service in a private
home, local college club, or local chapter of a college fraternity or sorority
if performed for a person who paid cash remuneration of one thousand dollars or
more in the current calendar year or the preceding calendar year to individuals
employed in such domestic service in any calendar quarter;
(5) Services performed by an individual for wages, including wages
received under a contract of hire, shall be deemed to be employment unless it
is shown to the satisfaction of the commissioner that (a) such individual has
been and will continue to be free from control or direction over the
performance of such services, both under his or her contract of service and in
fact, (b) such service is either outside the usual course of the business for
which such service is performed or such service is performed outside of all the
places of business of the enterprise for which such service is performed, and
(c) such individual is customarily engaged in an independently established
trade, occupation, profession, or business. The provisions of this subdivision
are not intended to be a codification of the common law and shall be considered
complete as written;
(6) The term employment shall not include:
(a) Agricultural labor, except as provided in subdivision (4)(c) of this
section;
(b) Domestic service, except as provided in subdivision (4)(d) of this
section, in a private home, local college club, or local chapter of a college
fraternity or sorority;
(c) Service not in the course of the employer's trade or business
performed in any calendar quarter by an employee, unless the cash remuneration
paid for such service is fifty dollars or more and such service is performed by
an individual who is regularly employed by such employer to perform such
service and, for the purposes of this subdivision, an individual shall be
deemed to be regularly employed by an employer during a calendar quarter only
if (i) on each of some twenty-four days during such quarter such individual
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performs for such employer for some portion of the day service not in the
course of the employer's trade or business, or (ii) such individual was
regularly employed, as determined under subdivision (c)(i) of this subdivision,
by such employer in the performance of such service during the preceding
calendar quarter;
(d) Service performed by an individual in the employ of his or her son,
daughter, or spouse and service performed by a child under the age of twenty-
one in the employ of his or her father or mother;
(e) Service performed in the employ of the United States Government or an
instrumentality of the United States immune under the Constitution of the
United States from the contributions imposed by sections 48-648 and 48-649 to
48-649.04, except that, to the extent that the Congress of the United States
shall permit states to require any instrumentalities of the United States to
make payments into an unemployment fund under a state unemployment compensation
act, all of the Employment Security Law shall be applicable to such
instrumentalities and to services performed for such instrumentalities in the
same manner, to the same extent, and on the same terms as to all other
employers, individuals, and services, except that if this state is not
certified for any year by the Secretary of Labor of the United States under
section 3304 of the Internal Revenue Code as defined in section 49-801.01, the
payments required of such instrumentalities with respect to such year shall be
refunded by the commissioner from the fund in the same manner and within the
same period as is provided in section 48-660, with respect to contributions
erroneously collected;
(f) Service performed in the employ of this state or any political
subdivision thereof or any instrumentality of any one or more of the foregoing
if such services are performed by an individual in the exercise of his or her
duties: (i) As an elected official; (ii) as a member of the legislative body or
a member of the judiciary of a state or political subdivision thereof; (iii) as
a member of the Army National Guard or Air National Guard; (iv) as an employee
serving on a temporary basis in case of fire, storm, snow, earthquake, flood,
or similar emergency; or (v) as an election official or election worker if the
amount of remuneration received by the individual during the calendar year for
services as an election official or election worker is less than one thousand
dollars;
(g) For the purposes of subdivisions (4)(a) and (4)(b) of this section,
service performed:
(i) In the employ of (A) a church or convention or association of churches
or (B) an organization which is operated primarily for religious purposes and
which is operated, supervised, controlled, or principally supported by a church
or convention or association of churches;
(ii) By a duly ordained, commissioned, or licensed minister of a church in
the exercise of his or her ministry or by a member of a religious order in the
exercise of the duties required by such order;
(iii) In a facility conducted for the purpose of carrying out a program of
rehabilitation for an individual whose earning capacity is impaired by age or
physical or mental deficiency or injury, or providing remunerative work for the
individuals who because of their impaired physical or mental capacity cannot be
readily absorbed in the competitive labor market, by an individual receiving
such rehabilitation or remunerative work;
(iv) As part of an unemployment work relief or work-training program
assisted or financed in whole or in part by any federal agency or an agency of
a state or political subdivision thereof, by an individual receiving such work
relief or work training; or
(v) By an inmate of a custodial or penal institution;
(h) Service with respect to which unemployment compensation is payable
under an unemployment compensation system established by an act of Congress;
(i) Service performed in any calendar quarter in the employ of any
organization exempt from income tax under section 501(a) of the Internal
Revenue Code as defined in section 49-801.01, other than an organization
described in section 401(a) of the Internal Revenue Code as defined in section
49-801.01, or under section 521 thereof, if the remuneration for such service
is less than fifty dollars;
(j) Service performed in the employ of a school, college, or university,
if such service is performed (i) by a student who is enrolled, regularly
attending classes at, and working for such school, college, or university
pursuant to a financial assistance arrangement with such school, college, or
university or (ii) by the spouse of such student, if such spouse is advised, at
the time such spouse commences to perform such service, that (A) the employment
of such spouse to perform such service is provided under a program to provide
financial assistance to such student by such school, college, or university and
(B) such employment will not be covered by any program of unemployment
insurance;
(k) Service performed as a student nurse in the employ of a hospital or
nurses training school by an individual who is enrolled and is regularly
attending classes in a nurses training school chartered or approved pursuant to
state law; and service performed as an intern in the employ of a hospital by an
individual who has completed a four-year course in a medical school chartered
or approved pursuant to state law;
(l) Service performed by an individual as a real estate salesperson, as an
insurance agent, or as an insurance solicitor, if all such service performed by
such individual is performed for remuneration solely by way of commission;
(m) Service performed by an individual under the age of eighteen in the
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delivery or distribution of newspapers or shopping news, not including delivery
or distribution to any point for subsequent delivery or distribution;
(n) Service performed by an individual in the sale, delivery, or
distribution of newspapers or magazines under a written contract in which (i)
the individual acknowledges that the individual performing the service and the
service are not covered and (ii) the newspapers and magazines are sold by him
or her at a fixed price with his or her compensation being based on the
retention of the excess of such price over the amount at which the newspapers
or magazines are charged to him or her, whether or not he or she is guaranteed
a minimum amount of compensation for such service, or is entitled to be
credited with the unsold newspapers or magazines turned back;
(o) Service performed by an individual who is enrolled at a nonprofit or
public educational institution which normally maintains a regular faculty and
curriculum and normally has a regularly organized body of students in
attendance at the place where its educational activities are carried on, as a
student in a full-time program, taken for credit at such institution, which
combines academic instruction with work experience, if such service is an
integral part of such program, and such institution has so certified to the
employer, except that this subdivision shall not apply to service performed in
a program established for or on behalf of an employer or a group of employers;
(p) Service performed in the employ of a hospital, if such service is
performed by a patient of the hospital;
(q) Service performed for a motor carrier, as defined in 49 U.S.C. 13102
or section 75-302, as amended, by a lessor leasing one or more motor vehicles
driven by the lessor or one or more drivers provided by the lessor under a
lease, with the motor carrier as lessee, executed pursuant to 49 C.F.R. part
376, Title 291, Chapter 3, as amended, of the rules and regulations of the
Public Service Commission, or the rules and regulations of the Division of
Motor Carrier Services. This shall not preclude the determination of an
employment relationship between the lessor and any personnel provided by the
lessor in the conduct of the service performed for the lessee;
(r) Service performed by an individual for a business engaged in
compilation of marketing databases if such service consists only of the
processing of data and is performed in the residence of the individual;
(s) Service performed by an individual as a volunteer research subject who
is paid on a per study basis for scientific, medical, or drug-related testing
for any organization other than one described in section 501(c)(3) of the
Internal Revenue Code as defined in section 49-801.01 or any governmental
entity;
(t) Service performed by a direct seller if:
(i) Such person is engaged in sales primarily in person and is:
(A) Engaged in the trade or business of selling or soliciting the sale of
consumer products or services to any buyer on a buy-sell basis or a deposit-
commission basis for resale, by the buyer or any other person, in the home or
otherwise than in a permanent retail establishment;
(B) Engaged in the trade or business of selling or soliciting the sale of
consumer products or services in the home or otherwise than in a permanent
retail establishment; or
(C) Engaged in the trade or business of the delivering or distribution of
newspapers or shopping news, including any services directly related to such
trade or business;
(ii) Substantially all the remuneration, whether or not paid in cash, for
the performance of the services described in subdivision (t)(i) of this
subdivision is directly related to sales or other output, including the
performance of services, rather than to the number of hours worked; and
(iii) The services performed by the person are performed pursuant to a
written contract between such person and the person for whom the services are
performed and the contract provides that the person will not be treated as an
employee for federal and state tax purposes. Sales by a person whose business
is conducted primarily by telephone or any other form of electronic sales or
solicitation is not service performed by a direct seller under this
subdivision;
(u) Service performed by an individual who is a participant in the
National and Community Service State Grant Program, also known as AmeriCorps,
because a participant is not considered an employee of the organization
receiving assistance under the national service laws through which the
participant is engaging in service pursuant to 42 U.S.C. 12511(30)(B);
(v) Service performed at a penal or custodial institution by a person
committed to a penal or custodial institution; and
(w)(i) Service by a marketplace network contractor if:
(A) The marketplace network contractor and marketplace network platform
agree in writing that the marketplace network contractor is an independent
contractor and not an employee of the marketplace network platform;
(B) The marketplace network platform does not unilaterally prescribe
specific hours during which the marketplace network contractor must be
available to accept service requests submitted through the marketplace network
platform's digital network;
(C) The marketplace network platform does not prohibit the marketplace
network contractor from engaging in outside employment or performing services
through other marketplace network platforms except while the marketplace
network contractor is performing services through the marketplace network
platform's digital network; and
(D) The marketplace network platform is not allowed to terminate the
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contract of the marketplace network contractor for not accepting a specific
service request.
(ii) For purposes of subdivision (6)(w) of this section:
(A) Marketplace network contractor means a person to which all of the
following apply: Such person enters a written agreement with a marketplace
network platform to use the marketplace network platform's digital network to
connect with individuals or entities seeking services offered by the
marketplace network contractor; such person performs services for individuals
or entities through a marketplace network platform's digital network in
exchange for compensation or payment; and such person does not perform services
at a physical business location operated by the marketplace network platform in
this state , except when such physical business is located in a city of the
metropolitan or primary class. Nothing in this section shall apply to an
individual classified under subdivision (7) of this section; and
(B) Marketplace network platform means a person that maintains a digital
network to facilitate services by marketplace network contractors to
individuals or entities seeking those services, and accepts requests from the
public only through the platform's digital network or mobile application, and
not by telephone, facsimile, or in-person at a retail location.
(iii) Subdivision (6)(w) of this section shall not apply to services
performed by a marketplace network contractor:
(A) For any employer described in subdivision (4)(a) or (4)(b) of this
section or in section 48-603.01; or
(B) If with respect to such services a tax is required to be paid under
any federal law imposing a tax against which credit may be taken for
contributions required to be paid into a state unemployment compensation fund
or which as a condition for full tax credit against the tax imposed by the
Federal Unemployment Tax Act, as amended, is required to be covered under the
Employment Security Law;
(7) If the services performed during one-half or more of any pay period by
an individual for the person employing him or her constitute employment, all
the services of such individual for such period shall be deemed to be
employment, but if the services performed during more than one-half of any such
pay period by an individual for the person employing him or her do not
constitute employment, then none of the services of such individual for such
period shall be deemed to be employment. As used in this subdivision, the term
pay period means a period, of not more than thirty-one consecutive days, for
which a payment of remuneration is ordinarily made to such individual by the
person employing him or her. This subdivision shall not be applicable with
respect to services performed in a pay period by an individual for the person
employing him or her when any of such service is excepted by subdivision (6)(h)
of this section; and
(8) Notwithstanding the foregoing exclusions from the definition of
employment, services shall be deemed to be in employment if with respect to
such services a tax is required to be paid under any federal law imposing a tax
against which credit may be taken for contributions required to be paid into a
state unemployment compensation fund or which as a condition for full tax
credit against the tax imposed by the Federal Unemployment Tax Act, as amended,
is required to be covered under the Employment Security Law.
Sec. 17. Section 48-628, Reissue Revised Statutes of Nebraska, is amended
to read:
48-628 (1) An individual shall be disqualified for benefits for any week
of unemployment in which the commissioner finds he or she has failed, without
good cause, to apply for available, suitable work when so directed by the
employment office or the commissioner, to respond to an offer for a job
interview for suitable work within one week, to respond to an offer for a job
for suitable work within one week, to appear for a previously scheduled job
interview for suitable work without notifying the prospective employer of the
need to cancel or reschedule the interview, to accept suitable work offered him
or her, or to return to his or her customary self-employment, if any, and for
the twelve weeks immediately thereafter. The total benefit amount to which he
or she is then entitled shall be reduced by an amount equal to the number of
weeks for which he or she has been disqualified by the commissioner. The
commissioner may consider the manner of communication established between the
individual and the prospective employer about how the interview will be
conducted or a job offer will be extended in determining if an individual
failed to appear for a previously scheduled job interview without notifying the
prospective employer of the need to cancel or reschedule the interview or
failed to respond to an offer for a job.
(2) In determining whether or not any work is suitable for an individual,
the commissioner shall consider the following:
(a) The degree of risk involved to the individual's health, safety, and
morals;
(b) His or her physical fitness and prior training;
(c) His or her experience and prior earnings;
(d) His or her length of unemployment and prospects for securing local
work in his or her customary occupation; and
(e) The distance of the available work from his or her residence.
(3) Notwithstanding any other provisions of the Employment Security Law,
no work shall be deemed suitable and benefits shall not be denied under such
law to any otherwise eligible individual for refusing to accept new work under
any of the following conditions:
(a) If the position offered is vacant due directly to a strike, lockout,
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or other labor dispute;
(b) If the wages, hours, or other conditions of the work offered are
substantially less favorable to the individual than those prevailing for
similar work in the locality; or
(c) If, as a condition of being employed, the individual would be required
to join a company union or to resign from or refrain from joining any bona fide
labor organization.
(4) Notwithstanding any other provisions in this section relating to
failure to apply for or a refusal to accept suitable work, no otherwise
eligible individual shall be denied benefits with respect to any week in which
he or she is in training with the approval of the commissioner.
(5) No individual shall be disqualified for refusing to apply for
available, full-time work or accept full-time work under subsection (1) of this
section solely because such individual is seeking part-time work if the
majority of the weeks of work in an individual's base period include part-time
work. For purposes of this subsection, seeking only part-time work shall mean
seeking less than full-time work having comparable hours to the individual's
part-time work in the base period, except that the individual must be available
for work at least twenty hours per week.
Sec. 18. Section 48-2209, Reissue Revised Statutes of Nebraska, is amended
to read:
48-2209 If an employer or a representative of an employer actively
recruits any non-English-speaking persons for employment in this state and if
more than five ten percent of the employees of an employer are non-English-
speaking employees who and speak the same non-English language, the employer
shall:
(1) Make an interpreter provide a bilingual employee who is conversant in
the identified non-English language and available at the worksite for each
shift during which a non-English-speaking employee is employed . If a Spanish-
speaking interpreter is needed, the employer shall select an interpreter from a
list of interpreters developed by the commissioner. If an interpreter is needed
for a language other than Spanish, the employer shall select an interpreter
capable of explaining and responding to (1) explain and respond to questions
regarding the terms, conditions, and daily responsibilities of employment; and
(2) Employ an individual who shall serve as a referral agent to community
services for the non-English-speaking employees. The name of the individual
serving as the referral agent shall be provided at each worksite. Such
information shall be provided in the language of the non-English-speaking
employees. The primary responsibility of the referral agent shall be to develop
and maintain a list of contact persons and agencies, telephone numbers, and
addresses of the community services provided within the community where the
relevant worksite is located. The referral agent shall assist non-English-
speaking employees in working with and through those services.
Sec. 19. Section 81-401, Reissue Revised Statutes of Nebraska, is amended
to read:
81-401 The Governor, through the agency of the Department of Labor created
by section 81-101, shall have power:
(1) To foster, promote, and develop the welfare of wage earners;
(2) To improve working conditions;
(3) To advance opportunities for profitable employment;
(4) To collect, collate, assort, systematize, and report statistical
details relating to all departments of labor, especially in its relation to
commercial, industrial, social, economic, and educational conditions and to the
permanent prosperity of the manufacturing and productive industries;
(5) To acquire and distribute useful information on subjects connected
with labor in the most general and comprehensive sense of the word;
(6) To acquire and distribute useful information concerning the means of
promoting the material, social, intellectual, and moral prosperity of laboring
men and women;
(7) To acquire and distribute information as to the conditions of
employment and such other facts as may be deemed of value to the industrial
interests of the state;
(8) To acquire and distribute information in relation to the prevention of
accidents, occupational diseases, and other related subjects;
(9) To acquire and distribute useful information regarding the role of the
part-time labor force and the manner in which such labor force affects the
economy and citizens of the state; and
(10) To administer and enforce all of the provisions of the Employment
Security Law, the Farm Labor Contractors Act, the Health Care Staffing Agency
Registration Act, and the Wage and Hour Act and Chapter 48, articles 2, 3, 4,
and 5, and for that purpose there is imposed upon the Commissioner of Labor the
duty of executing all of the provisions of such acts, law, and articles.
Sec. 20. Section 81-406, Reissue Revised Statutes of Nebraska, is amended
to read:
81-406 The Contractor and Professional Employer Organization Registration
Cash Fund is created. The fund shall be administered by the Department of Labor
and shall consist of fees collected by the department pursuant to the Farm
Labor Contractors Act, the Contractor Registration Act, the Health Care
Staffing Agency Registration Act, and the Professional Employer Organization
Registration Act and such sums as are appropriated to the fund by the
Legislature. The fund shall be used for enforcing and administering the Farm
Labor Contractors Act, the Contractor Registration Act, the Employee
Classification Act, the Health Care Staffing Agency Registration Act, and the
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Professional Employer Organization Registration Act. 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. Money in the Contractor and Professional Employer Organization
Registration Cash Fund may be transferred to the General Fund at the direction
of the Legislature.
The State Treasurer shall transfer one million seven hundred thousand
dollars from the Contractor and Professional Employer Organization Registration
Cash Fund to the General Fund on or before June 15, 2018, on such dates and in
such amounts as directed by the budget administrator of the budget division of
the Department of Administrative Services.
Sec. 21. Section 81-8,236, Reissue Revised Statutes of Nebraska, is
amended to read:
81-8,236 (1) For purposes of this section:
(a) Correctional institution incident means an incident in which a crime
or crimes are allegedly committed by one or more inmates confined in a state
correctional institution;
(b) Costs of prosecution includes, but is not limited to, the costs of
defense for indigent defendants, including attorney's fees and expert witness
fees;
(c) Division means the risk management and state claims division of the
Department of Administrative Services; and
(d) Threshold amount means the amount of property tax revenue raised by a
county from a levy of two and one-half cents per one hundred dollars of taxable
valuation of property subject to the levy. The threshold amount shall be
determined using valuations for the year in which the correctional institution
incident occurred.
(2) A county may file a claim with the division to recover the costs of
prosecution relating to a correctional institution incident that occurs within
the county. The county may recover only those costs that exceed the threshold
amount for such county. A county may file additional claims for a single
correctional institution incident if the initial claim exceeds the threshold
amount. Such additional claims shall not be filed more than once per calendar
year unless the prosecution has resolved. No claim shall include prosecution
costs for which the Risk Manager has issued a decision pursuant to section
81-8,300. Claims filed under this section that arise from the same correctional
institution incident need not be aggregated unless directed to do so by the
State Claims Board.
(3) The Risk Manager shall have the power and authority to receive claims,
investigate claims, and otherwise carry out the responsibilities of this
section. The division shall develop a claim form, publish claim procedures, and
determine the supporting information required to perfect a claim.
(4) The Risk Manager shall submit claims received under this section to
the Legislature in the same manner as provided in the State Miscellaneous
Claims Act. The Legislature shall review the claim and make an appropriation
for the claim if appropriate.
(5) This section shall apply to any correctional institution incident
occurring on or after May 1, 2015. Claims described in this section shall have
no time bar to recovery.
Sec. 22. Section 81-8,300, Reissue Revised Statutes of Nebraska, is
amended to read:
81-8,300 (1) After investigation, the Risk Manager or State Claims Board
shall either approve, approve with conditions or limitations, or disapprove of
each claim or request and append to the claim or request a concise statement of
the facts brought out in such investigation upon which its approval or
disapproval is based. If any claim is approved in an amount of more than five
thousand dollars, the approval of the board is required. Such claim or request,
together with the original papers supporting it and the appended statement,
shall be filed with the Risk Manager in the manner prescribed by the State
Claims Board. The Risk Manager shall promptly notify each claimant of the
decision by the Risk Manager or State Claims Board on his or her claim by
regular mail. The notification shall include (a) the decision of the Risk
Manager or State Claims Board, (b) a statement that a claimant dissatisfied
with the decision of the Risk Manager may have his or her claim reviewed by the
board or a statement that a claimant dissatisfied with the decision of the
board may have his or her claim reviewed by the Legislature upon application,
(c) the procedure for making an application for review, and (d) the time limit
for making such application.
(2) If the claimant is dissatisfied with the decision of the Risk Manager,
he or she may file an application for review by the board. If the claimant is
dissatisfied with the decision of the board, he or she may file an application
for review by the Legislature. The application for review shall be filed with
the Risk Manager in the manner prescribed by the board. The application for
review shall be filed within sixty days after the date of the decision which is
being reviewed.
(3) Each claim which has been approved or for which an application for
review with the Legislature has been filed and each request referred to in
section 81-8,297 shall be delivered electronically by the Risk Manager to the
chairperson of the Business and Labor Committee of the Legislature at the next
regular session of the Legislature convening after the date of the decision of
the board. The Risk Manager may direct the payment by the state agency involved
of any claim not in excess of five thousand dollars if such payment is agreed
to by the head of the agency involved. The State Claims Board may direct
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payment by the state agency involved of any claim not in excess of fifty
thousand dollars if such payment is agreed to by the head of the agency
involved and the agency has sufficient funds to pay the claim. If claims
approved by the Risk Manager or State Claims Board arise out of the same facts
and circumstances, they shall be aggregated except when more than one claim has
been filed pursuant to subsection (2) of section 81-8,236. If the Risk Manager
or State Claims Board does not direct the payment of a claim as set forth in
this section or the claim exceeds the dollar limitations set forth in this
section, the claim shall be reviewed by the Legislature and an appropriation
made therefor if appropriate. The Risk Manager shall report electronically all
claims and judgments paid under the State Miscellaneous Claims Act to the Clerk
of the Legislature and the chairperson of the Business and Labor Committee of
the Legislature. The report shall include the name of the claimant, a statement
of the amount claimed and paid, and a brief description of the claim including
the agency and program or activity under which the claim arose. Any member of
the Legislature may receive an electronic copy of the report by making a
request to the Risk Manager.
Sec. 23. Section 81-8,316, Reissue Revised Statutes of Nebraska, is
amended to read:
81-8,316 For purposes of the In the Line of Duty Compensation Act:
(1) Firefighter means a member of a paid or volunteer fire department in
Nebraska, including a member of a rescue squad associated with a paid or
volunteer fire department in Nebraska;
(2)(a) Killed in the line of duty means losing one's life as a result of
an injury or illness arising on or after January 1, 2022, in connection with
the active performance of duties as a public safety officer if the death occurs
within three years from the date the injury was received or illness was
diagnosed and if that injury or illness arose from violence or other accidental
cause.
(b) An injury or illness shall be presumed to have arisen in connection
with the active performance of duties as a public safety officer if:
(i) The injury or illness is a heart attack, stroke, or vascular rupture
that occurred or the symptoms of such injury or illness manifested while the
public safety officer was engaged in, or within twenty-four hours after,
nonroutine stressful or strenuous activity in the line of duty;
(ii) The public safety officer was exposed to any toxin or carcinogen
while on duty and the public safety officer began service no fewer than five
years prior to the date of a diagnosis of an exposure-related cancer; or
(iii) The public safety officer was exposed to cumulative traumatic events
while on duty, such exposure was a substantial contributing factor in the death
of the public safety officer, and either:
(A) The public safety officer was diagnosed by a licensed medical or
mental health professional with an injury or illness related to such exposure;
or
(B) There is evidence that the public safety officer attempted to receive
help, treatment, or diagnosis for an injury or illness related to such
exposure.
(c)(i) The presumption in subdivision (2)(b)(i) of this section may be
overcome by competent medical evidence that establishes the death was:
(A) Unrelated to the engagement or participation in activities in the line
of duty; or
(B) Caused by something other than such engagement or participation or the
mere presence of cardiovascular disease risk factors.
(ii) The presumption in subdivision (2)(b)(ii) of this section may be
overcome by competent medical evidence that establishes the exposure to the
toxin or carcinogen was not a substantial contributing factor in the death of
the public safety officer.
(d) (b) Killed in the line of duty excludes death resulting from the
willful misconduct or intoxication of the public safety officer;
(3) Law enforcement officer has the same meaning as in section 81-1401;
(4) Public safety officer means:
(a) A firefighter;
(b) A law enforcement officer;
(c) A member of an emergency medical services ambulance squad operated by
a political subdivision or by a private, nonprofit ambulance service, but
excluding any employee of a private, for-profit ambulance service; or
(d) A correctional officer employed by a jail or by the Department of
Correctional Services;
(5) Risk Manager means the Risk Manager appointed under section
81-8,239.01; and
(6) State Claims Board means the board created under section 81-8,220.
Sec. 24. Section 81-8,318, Reissue Revised Statutes of Nebraska, is
amended to read:
81-8,318 (1) To receive compensation under the In the Line of Duty
Compensation Act, a claim for the compensation shall be filed with the Risk
Manager within three years after the date of death of the public safety officer
who was killed in the line of duty. Such claim shall be on a form prescribed by
the Risk Manager and shall include:
(a) The name, address, and title or position of the public safety officer
who was killed in the line of duty;
(b) A copy of the form filed in accordance with subsection (4) of section
81-8,317, if any. If no such form has been filed, the claim shall include the
name and address of the person or persons to whom compensation is payable under
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subdivision (3)(b) of section 81-8,317;
(c) A sworn statement providing a full factual account of the
circumstances resulting in or the course of events causing the death of the
public safety officer; and
(d) Such other information as the Risk Manager reasonably requires.
(2) The Risk Manager shall send written notice to all claimants within two
weeks after the initiation of a claim indicating whether or not the claim is
complete. For purposes of this subsection, a claim is complete if a claimant
has submitted to the Risk Manager all documents and information required under
subsection (1) of this section. If a claim is incomplete, the Risk Manager
shall include in the written notice a list of the documents or information
which the claimant must submit in order for the claim to be complete. If a
claim is complete, an investigation of the claim shall be made in the manner
provided in the State Miscellaneous Tort Claims Act in accordance with section
81-8,212. Upon completion of such investigation, and no later than one hundred
eighty days after receipt of a complete claim, the State Claims Board shall
approve or deny such claim and the Risk Manager shall send written notice to
the claimant stating whether the claim has been approved or denied. If a claim
is denied, the notice shall include the reason or reasons for the denial. If a
claimant is dissatisfied with a denial, he or she may file an application for
review with the Risk Manager in accordance with subsection (2) of section
81-8,300 district court for Lancaster County in accordance with sections
81-8,213 and 81-8,214. If a claim is approved, compensation shall be paid to
the claimants entitled to such compensation in accordance with section 81-8,300
81-8,211.
(3) This section shall apply to any claim arising on or after January 1,
2022.
Sec. 25. Sections 7, 8, 9, 10, 11, 12, 13, 14, and 15 of this act become
operative on July 1, 2027. The other sections of this act become operative on
their effective date.
Sec. 26. Original sections 48-628, 48-2209, 81-401, 81-406, 81-8,236,
81-8,300, 81-8,316, and 81-8,318, Reissue Revised Statutes of Nebraska, and
section 48-604, Revised Statutes Supplement, 2025, are repealed.
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