reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-970 - Execution; persons permitted.

83-970.
Execution; persons permitted.
Besides the Director of Correctional Services and those persons required to be present under the execution protocol, the following persons, and no others, except as provided in section 83-971, may be present at the execution: (1) The member of the clergy in attendance upon the convicted person; (2) no more than three persons selected by the convicted person; (3) no more than three persons representing the victim or victims of the crime; and (4) such other persons, not exceeding six in number, as the director may designate. At least two persons designated by the director shall be professional members of the Nebraska news media.
Source
Laws 1973, LB 268, § 19;
R.S.1943, (2008), § 29-2534;
Laws 2009, LB36, § 15;
Laws 2015, LB268, § 35;
Referendum 2016, No. 426.
Note:
The repeal of section 83-970 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-971 - Director of Correctional Services; military force necessary to carry out punishment; inform Governor.

83-971.
Director of Correctional Services; military force necessary to carry out punishment; inform Governor.
Whenever the Director of Correctional Services shall deem the presence of a military force necessary to carry into effect the provisions of sections 83-964 and 83-969, he or she shall make the fact known to the Governor of the state, who is hereby authorized to call out so much of the military force of the state as in his or her judgment may be necessary for the purpose.
Source
Laws 1973, LB 268, § 20;
R.S.1943, (2008), § 29-2535;
Laws 2009, LB36, § 16;
Laws 2015, LB268, § 35;
Referendum 2016, No. 426.
Note:
The repeal of section 83-971 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-972 - Director of Correctional Services; inflict punishment; return of proceedings; clerk of court; duty.

83-972.
Director of Correctional Services; inflict punishment; return of proceedings; clerk of court; duty.
Whenever the Director of Correctional Services shall inflict the punishment of death upon a convicted person, in obedience to the command of the court, he or she shall make return of his or her proceedings as soon as may be to the clerk of the court where the conviction was had, and the clerk shall subjoin the return to the record of conviction and sentence.
Source
Laws 1973, LB 268, § 21;
R.S.1943, (2008), § 29-2536;
Laws 2009, LB36, § 17;
Laws 2015, LB268, § 35;
Referendum 2016, No. 426.
Note:
The repeal of section 83-972 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-973 - Prison Overcrowding Contingency Fund; created; use; investment; study of inmate classification.

83-973.
Prison Overcrowding Contingency Fund; created; use; investment; study of inmate classification.
The Prison Overcrowding Contingency Fund is created. The State Treasurer shall transfer fifteen million dollars from the General Fund to the Prison Overcrowding Contingency Fund on or before July 15, 2021, on such date as directed by the budget administrator of the budget division of the Department of Administrative Services. It is the intent of the Legislature that these funds remain in the Prison Overcrowding Contingency Fund until sufficient details are provided to the Legislature regarding plans to reduce prison overcrowding, except that (1) the fund may be used for purposes of a study of inmate classification within the Department of Correctional Services and (2) transfers may be made to the Vocational and Life Skills Programming Fund at the direction of the Legislature. Any money in the Prison Overcrowding Contingency 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.
Source
Laws 2021, LB384, § 28;
Laws 2022, LB1012, § 29.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1201 - Act, how cited.

83-1201.
Act, how cited.
Sections 83-1201 to 83-1228 shall be known and may be cited as the Developmental Disabilities Services Act.
Source
Laws 1991, LB 830, § 1;
Laws 1994, LB 1136, § 1;
Laws 1997, LB 852, § 1;
Laws 2016, LB895, § 1;
Laws 2016, LB1039, § 3;
Laws 2017, LB333, § 3;
Laws 2018, LB793, § 11;
Laws 2022, LB376, § 7.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1202 - Legislative intent.

83-1202.
Legislative intent.
It is the intent of the Legislature that:
(1) All persons with developmental disabilities shall receive services and assistance which present opportunities to increase their independence, productivity, and integration into the community;
(2) All persons with developmental disabilities shall have access to a full array of services appropriate for them as individuals;
(3) All persons with developmental disabilities shall have a right to live, work, and recreate with people who are not disabled;
(4) All persons with developmental disabilities shall be served in their communities and should only be served by specialized programs when their needs cannot be met through general services available to all persons, including those without disabilities;
(5) All persons with developmental disabilities shall have the right to receive age-appropriate services consistent with their individual needs, potentials, and abilities;
(6) All persons with developmental disabilities shall be afforded the same rights, dignity, and respect as members of society who are not disabled; and
(7) Persons who deliver services to persons with developmental disabilities shall be assured a uniform system of compensation and training and a full range of work-site enhancements which attract and retain qualified employees.
Source
Laws 1991, LB 830, § 2;
Laws 2017, LB333, § 4.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1202.01 - Appropriations; legislative findings.

83-1202.01.
Appropriations; legislative findings.
The Legislature finds that present state appropriations on behalf of community-based services to persons with developmental disabilities are inadequate to pay the reasonable costs of providing such services to all Nebraskans who are eligible to receive them.
It is the intent of the Legislature that the state pursue full funding of community-based developmental disability programs in a reasonable timeframe and that the Legislature commit itself and the state to attaining the goal of providing services to all eligible persons by July 1, 2010.
Source
Laws 1994, LB 1136, § 2;
Laws 2004, LB 297, § 1.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1204 - Department, defined.

83-1204.
Department, defined.
Department shall mean the Division of Developmental Disabilities of the Department of Health and Human Services.
Source
Laws 1991, LB 830, § 4;
Laws 1996, LB 1044, § 971;
Laws 2007, LB296, § 807.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1205 - Developmental disability, defined.

83-1205.
Developmental disability, defined.
Developmental disability shall mean a severe, chronic disability, including an intellectual disability, other than mental illness, which:
(1) Is attributable to a mental or physical impairment unless the impairment is solely attributable to a severe emotional disturbance or persistent mental illness;
(2) Is manifested before the age of twenty-two years;
(3) Is likely to continue indefinitely;
(4) Results in substantial functional limitations in one of each of the following areas of adaptive functioning:
(a) Conceptual skills, including language, literacy, money, time, number concepts, and self-direction;
(b) Social skills, including interpersonal skills, social responsibility, self-esteem, gullibility, wariness, social problem solving, and the ability to follow laws and rules and to avoid being victimized; and
(c) Practical skills, including activities of daily living, personal care, occupational skills, health care, mobility, and the capacity for independent living; and
(5) Reflects the individual’s need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated.
An individual from birth through the age of nine years inclusive who has a substantial developmental delay or specific congenital or acquired condition may be considered to have a developmental disability without meeting three or more of the major life activities described in subdivision (4) of this section if the individual, without services and support, has a high probability of meeting those criteria later in life.
Source
Laws 1991, LB 830, § 5;
Laws 2013, LB23, § 59;
Laws 2016, LB1039, § 4.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1206 - Director, defined.

83-1206.
Director, defined.
Director shall mean the Director of Developmental Disabilities of the Division of Developmental Disabilities.
Source
Laws 1991, LB 830, § 6;
Laws 1996, LB 1044, § 972;
Laws 2007, LB296, § 808.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1206.01 - Intellectual disability, defined.

83-1206.01.
Intellectual disability, defined.
Intellectual disability means significant subaverage general intellectual functioning which is associated with significant impairments in adaptive functioning manifested before the age of twenty-two years. Significant subaverage general intellectual functioning shall refer to a score of seventy or below on a properly administered and valid intelligence quotient test.
Source
Laws 2016, LB1039, § 5.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1211 - Responsibility for cost of services.

83-1211.
Responsibility for cost of services.
A person receiving specialized services from a local specialized program which receives financial assistance through the department shall be responsible for the cost of such services in the same manner as are persons receiving services at the Beatrice State Developmental Center. Provisions of law in effect on September 6, 1991, or enacted after such date relating to the responsibility of such persons and their relatives for the cost of and determination of ability to pay for services at the center shall also apply to persons receiving services from specialized programs.
Source
Laws 1991, LB 830, § 11;
Laws 2009, LB288, § 41.
Annotations
A service recipient's liability for costs shall not be determined based on a finding of whether such costs are fair and reasonable. In re Guardianship of Gaube, 14 Neb. App. 259, 707 N.W.2d 16 (2005).
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1212.01 - Advisory Committee on Developmental Disabilities; created; members; expenses; duties.

83-1212.01.
Advisory Committee on Developmental Disabilities; created; members; expenses; duties.
(1) There is hereby created the Advisory Committee on Developmental Disabilities. The advisory committee shall consist of a representative of a statewide advocacy organization for persons with developmental disabilities and their families, a representative of Nebraska's designated protection and advocacy organization, a representative of the Nebraska Planning Council on Developmental Disabilities, a representative of the University Center for Excellence in Developmental Disability Education, Research and Service as defined in section 68-1114, and not more than fifteen additional members. At least fifty-one percent of the members shall be persons with developmental disabilities and family members of persons with developmental disabilities.
(2) The members shall be appointed by the Governor for staggered terms of three years. Any vacancy shall be filled by the Governor for the remainder of the term. One of the members shall be designated as chairperson by the Governor. Members shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177.
(3) The advisory committee shall advise the department regarding all aspects of the funding and delivery of services to persons with developmental disabilities.
(4) The advisory committee shall (a) provide sufficient oversight to ensure that persons placed in the custody of the department under the Developmental Disabilities Court-Ordered Custody Act are receiving the least restrictive treatment and services necessary, (b) oversee the design and implementation of the quality management and improvement plan described in section 83-1216.01, and (c) assist, provide feedback, and guide the implementation of the family support program under section 68-1530.
(5) The department shall inform the advisory committee of proposed systemic changes to services for persons with developmental disabilities at least thirty days prior to implementation of the changes so that the advisory committee may provide for a response to the proposed changes. If the director determines that circumstances require implementation of the changes prior to such notice, the department shall inform the advisory committee as soon as possible. The advisory committee, in partnership with the director, shall establish criteria for the process of providing the information and receiving the response.
Source
Laws 1994, LB 1136, § 4;
Laws 2005, LB 206, § 35;
Laws 2017, LB333, § 6;
Laws 2020, LB381, § 132;
Laws 2022, LB376, § 9.
Cross References
Developmental Disabilities Court-Ordered Custody Act, see section 71-1101.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1215 - Department; authority granted for specialized services; social services; duties.

83-1215.
Department; authority granted for specialized services; social services; duties.
The department shall carry out the authority granted to it pursuant to section 68-1204 and shall comply with all applicable provisions of the federal act identified in such section and of sections 68-1202 to 68-1210.
Source
Laws 1991, LB 830, § 15;
Laws 1996, LB 1044, § 974.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1216.02 - Insufficient funds to provide services; department; duties; termination.

83-1216.02.
Insufficient funds to provide services; department; duties; termination.
(1) If the department determines that there are not enough funds available to provide services to all eligible individuals under subdivision (4)(d) of section 83-1216, the department shall provide day services to individuals who:
(a) Are transitioning from the education system upon attaining twenty-one years of age on or after July 1, 2019; and
(b) Are determined by the department to be otherwise eligible for the day services in accordance with the Developmental Disabilities Services Act.
(2) The department shall provide services comparable to the day services the individual would have received pursuant to subdivision (4)(d) of section 83-1216 if funds were available.
(3) No later than September 15 of each year, the director shall provide electronic notification to the Health and Human Services Committee of the Legislature and the Appropriations Committee of the Legislature of the estimated number of individuals needing services under subsection (4) of section 83-1216 and the net additional resources necessary to provide services to all eligible individuals under subsection (4) of section 83-1216 other than subdivision (f) of such subsection.
(4) This section terminates June 30, 2025.
Source
Laws 2018, LB793, § 13;
Laws 2020, LB540, § 1.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1217 - Department; contract for specialized services; certification and accreditation requirements; assisted services; method of reimbursement.

83-1217.
Department; contract for specialized services; certification and accreditation requirements; assisted services; method of reimbursement.
The department shall contract for specialized services and shall only contract with specialized programs which meet certification and accreditation requirements. Assisted services provided under this section through community-based developmental disability programs shall be reimbursed on a daily rate basis, including such services provided to eligible recipients under the medical assistance program established in section 68-903 upon approval for such reimbursement from the federal Centers for Medicare and Medicaid Services. The department shall apply to the federal Centers for Medicare and Medicaid Services for approval of any necessary waiver amendments to permit such reimbursement and shall begin reimbursing such services on a daily rate basis no later than March 1, 2011. In order to be certified, each specialized program shall:
(1) Have an internal quality assurance process;
(2) Have a program evaluation component;
(3) Have a complaint mechanism for persons with developmental disabilities and their families;
(4) Have a process to ensure direct and open communication with the department;
(5) Develop, implement, and regularly evaluate a plan to ensure retention of quality employees and prevent staff turnover;
(6) Have measures to enhance staff training and development;
(7) Be governed by a local governing board or have an advisory committee, the membership of which consists of (a) persons with developmental disabilities, (b) family members or legal guardians of persons with developmental disabilities, and (c) persons who are interested community members;
(8) Meet accreditation standards developed by the department;
(9) Require a criminal history record information check of all employees hired on or after September 13, 1997, who work directly with clients receiving services and who are not licensed or certified as members of their profession; and
(10) Meet any other certification requirements developed by the department to further the purposes of the Developmental Disabilities Services Act.
Source
Laws 1991, LB 830, § 17;
Laws 1997, LB 852, § 2;
Laws 2004, LB 297, § 4;
Laws 2009, LB288, § 43;
Laws 2010, LB849, § 30.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1217.01 - Employees; criminal history record information check; fingerprints; Nebraska State Patrol; duties.

83-1217.01.
Employees; criminal history record information check; fingerprints; Nebraska State Patrol; duties.
(1) Each employee of state-operated services and facilities providing developmental disabilities services shall be subject to the criminal history record information check requirements of subdivision (9) of section 83-1217 and shall file a complete set of his or her legible fingerprints with the department. The department shall transmit such fingerprints to the Nebraska State Patrol which shall transmit a copy of the applicant's fingerprints to the Identification Division of the Federal Bureau of Investigation for a national criminal history record information check.
(2) The national criminal history record information check shall include information concerning the employee from federal repositories of such information and repositories of such information in other states if authorized by federal law for use by the department.
(3) The Nebraska State Patrol shall undertake a search for Nebraska criminal history record information concerning the employee. The Nebraska State Patrol shall issue a report to the department which contains the results of the criminal history record information check conducted by the Nebraska State Patrol.
(4) Criminal history record information subject to federal confidentiality requirements shall remain confidential and may be released only upon the written authorization of the employee.
(5) The department, in cooperation with the Nebraska State Patrol, shall adopt and promulgate rules and regulations to carry out this section.
Source
Laws 1997, LB 852, § 3;
Laws 2014, LB728, § 1.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1218 - Specialized program; local governing board; duties.

83-1218.
Specialized program; local governing board; duties.
The local governing board for a specialized program shall:
(1) Organize and supervise the delivery of specialized services within its governance;
(2) Cause such services to be provided;
(3) Report annually to the director regarding the expenditure of funds and the evaluation of specialized services rendered during the preceding year; and
(4) Ensure compliance with the certification and accreditation requirements of section 83-1217 and all applicable rules and regulations of the department.
Source
Laws 1991, LB 830, § 18.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1219 - Complaints and hearings; procedures.

83-1219.
Complaints and hearings; procedures.
A person with developmental disabilities or his or her parent or guardian may initiate a hearing on matters related to the initiation, change, or termination of or the refusal to initiate, change, or terminate the determination of eligibility for specialized services or the evaluation or placement of the person or the provision of specialized services or records relating thereto. A copy of the procedures specified in rules and regulations of the department for complaints and hearings under this section shall be provided to such persons who are receiving specialized services or their parents or guardians. The hearing shall be initiated by filing a petition with the department.
Source
Laws 1991, LB 830, § 19;
Laws 2004, LB 297, § 5.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1220 - Hearing officers; qualifications.

83-1220.
Hearing officers; qualifications.
The department shall conduct hearings initiated under section 83-1219 using hearing officers. The department may employ, retain, or approve such qualified hearing officers as are necessary to conduct the hearings. The hearing officers shall not be persons who are employees or officers of a local agency which is involved in providing services to the person with developmental disabilities. A person who otherwise qualifies to conduct a hearing shall not be considered an employee of the agency solely because the person is paid by the agency to serve as a hearing officer. No hearing officer shall participate in any way in any hearing or matter in which the hearing officer may have a conflict of interest. The department shall have exclusive original jurisdiction over cases arising under sections 83-1219 to 83-1224, and in no event shall juvenile courts have jurisdiction over such matters.
Source
Laws 1991, LB 830, § 20;
Laws 2010, LB849, § 31.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1221 - Hearing officer; powers and duties.

83-1221.
Hearing officer; powers and duties.
Upon the receipt of a petition pursuant to section 83-1219, the department shall assign it to a hearing officer. The hearing officer shall receive all subsequent pleadings and shall conduct the hearing. At the hearing the parties shall present evidence on the issues raised in the pleadings. At the completion of the proceedings, the hearing officer shall prepare a report based on the evidence presented containing recommendations for the director to make findings of fact and conclusions of law. Within forty-five days after the receipt of a request for a hearing, the director shall prepare a final decision and order directing such action as may be necessary. At the request of either party for good cause shown, the hearing officer may grant specific extensions of time beyond this period. The report and the final decision and order shall be delivered to each party or attorney of record by certified mail.
Source
Laws 1991, LB 830, § 21;
Laws 2010, LB849, § 32.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1222 - Hearing; rights of parties; hearing officer; production of evidence.

83-1222.
Hearing; rights of parties; hearing officer; production of evidence.
Any party at a hearing conducted pursuant to section 83-1219 shall have the right to:
(1) Be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the needs of persons with developmental disabilities;
(2) Present evidence and confront, cross-examine, and compel the attendance of witnesses;
(3) Prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least five days before the hearing;
(4) Obtain a written or electronic verbatim record of the hearing; and
(5) Obtain written findings of fact and decisions from the director.
The hearing officer may also produce evidence on his or her own motion.
Source
Laws 1991, LB 830, § 22;
Laws 2010, LB849, § 33.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1223 - Hearing officer; subpoena power; enforcement.

83-1223.
Hearing officer; subpoena power; enforcement.
The hearing officer shall have the power by subpoena to compel the appearance of witnesses and the production of any relevant evidence. Any witness compelled to attend or produce evidence shall be entitled to the fees and expenses allowed in district court. Any failure to respond to such subpoena shall be certified by the director to the district court of Lancaster County for enforcement or for punishment for contempt of the district court.
Source
Laws 1991, LB 830, § 23;
Laws 2010, LB849, § 34.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1224 - Judicial review; enforcement of final decision and order; procedures; appeal to Court of Appeals.

83-1224.
Judicial review; enforcement of final decision and order; procedures; appeal to Court of Appeals.
(1) Any party aggrieved by the findings, conclusions, or final decision and order of the director shall be entitled to judicial review under this section. Any party of record also may seek enforcement of the final decision and order of the director pursuant to this section.
(2) Proceedings for judicial review shall be instituted by filing a petition in the district court of Lancaster County within thirty days after service of the final decision and order on the party seeking such review. All parties of record shall be made parties to the proceedings. The court, in its discretion, may permit other interested parties to intervene.
(3) The filing of a petition for judicial review to such district court shall operate to stay the enforcement of the final decision and order of the director. While judicial proceedings are pending in district court and unless the parties otherwise agree, the person with developmental disabilities shall remain in his or her current placement. If the health or safety of the person with developmental disabilities or of other persons would be endangered by delaying a change in placement, the service provider may make such change without prejudice to the rights of any party.
(4) Within thirty days after receiving notification that a petition for judicial review has been filed or, if good cause is shown, within such further time as the court may allow, the department shall prepare and transmit to the court a certified transcript of the proceedings before the hearing officer.
(5) Judicial review shall be heard de novo on the record. The court shall receive the records of the administrative proceedings, base its decision on the preponderance of the evidence, and grant such relief as the court determines is appropriate. The district court may affirm, reverse, or modify the decision of the director, or remand the case to the director for further proceedings, including the receipt of additional evidence, for good cause shown.
(6) An aggrieved party may secure a review of any final judgment of the district court under this section by appeal to the Court of Appeals. Such appeal shall be taken in the manner provided by law for appeals in civil cases and shall be heard de novo on the record.
(7) When no petition for judicial review or other civil action is filed within thirty days after service of the final decision and order on all of the parties, the director's final decision and order shall become effective. Proceedings for enforcement of the director's final decision and order shall be instituted by filing a petition for appropriate relief in the district court of Lancaster County within one year after the date of the director's final decision and order.
Source
Laws 1991, LB 830, § 24;
Laws 1992, LB 360, § 39;
Laws 2004, LB 297, § 6;
Laws 2010, LB849, § 35.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1225 - School district; provide transition services; enumerated.

83-1225.
School district; provide transition services; enumerated.
Each school district shall provide transition services for each student with a developmental disability no later than when the student reaches fourteen years of age and until the student graduates from a special education program or no longer meets the definition of a child with a disability pursuant to section 79-1117. Transition services shall consist of a coordinated set of activities for a student, designed within an outcome-oriented process, which promotes movement from school to postschool activities, including postsecondary education, vocational training, integrated employment, continuing and adult education, adult services, independent living, and community participation. The coordinated set of activities shall be based upon the individual student's needs, taking into account the student's preferences and interests, and shall include instruction, community experiences, the development of employment and other postschool adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation. The transition team shall designate one or more specialized service providers to develop a plan for the student's transition to adult specialized services.
Source
Laws 1991, LB 830, § 25;
Laws 1996, LB 900, § 1068;
Laws 2019, LB675, § 55;
Laws 2021, LB527, § 1.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1227 - Department; prepare comprehensive plan for Beatrice State Developmental Center and Bridges program; contents; assessment of facilities; public hearing; report.

83-1227.
Department; prepare comprehensive plan for Beatrice State Developmental Center and Bridges program; contents; assessment of facilities; public hearing; report.
(1) Within the framework of the best interests of persons with developmental disabilities, the department shall prepare a comprehensive plan for the Beatrice State Developmental Center and the Bridges program in Hastings, Nebraska. The plan shall include, but not be limited to:
(a) An analysis of residents of the Beatrice State Developmental Center and the Bridges program in Hastings, Nebraska, on April 8, 2016, and their needs and the ability to serve them in the community;
(b) The role of the Beatrice State Developmental Center and the Bridges program in the continuum of services offered to persons with developmental disabilities in Nebraska;
(c) The preferences of residents of the Beatrice State Developmental Center and the Bridges program and their families;
(d) Nationwide trends in facilities like the Beatrice State Developmental Center and the Bridges program;
(e) The cost efficiency of services provided at the Beatrice State Developmental Center and the Bridges program;
(f) An analysis of the facilities at the Beatrice State Developmental Center and the Bridges program on April 8, 2016, and the long-term structural needs of the facilities;
(g) Census trends and future needs for services at the Beatrice State Developmental Center and the Bridges program; and
(h) The level of community integration for residents of the Beatrice State Developmental Center and the Bridges program.
(2) The department shall prepare an assessment of the long-term viability of the facilities used to provide services at the Beatrice State Developmental Center and the facilities used to provide services through the Bridges program in Hastings, Nebraska.
(3) The department shall analyze the United States Supreme Court’s decision in Olmstead v. L.C., 527 U.S. 581 (1999), and provide an analysis of Nebraska's compliance with the decision.
(4) The department shall hold a public hearing to receive input from the public on the Beatrice State Developmental Center and the Bridges program.
(5) The department shall prepare a report including the plan, assessment, analysis, and results of the hearing required by subsections (1) through (4) of this section. The department shall submit the report electronically to the Legislature on or before June 1, 2017.
Source
Laws 2016, LB895, § 2.
2023 Nebraska Revised Statutes › Chapter 83 - State Institutions › 83-1228 - Developmental disabilities system; evaluation; consultant; qualifications; report.

83-1228.
Developmental disabilities system; evaluation; consultant; qualifications; report.
(1) The Department of Health and Human Services shall engage a nationally recognized consultant to provide an evaluation of the state's developmental disabilities system in order to examine how the State of Nebraska can better serve all Nebraskans with a variety of developmental disabilities.
(2) The consultant shall be independent of the Department of Health and Human Services and be a national entity that can demonstrate:
(a) Direct involvement with public and tribal developmental disabilities agencies;
(b) Partnerships with national advocacy organizations, think tanks, or technical assistance providers for persons with developmental disabilities;
(c) Collaboration with community agencies for persons with developmental disabilities; and
(d) Independent research regarding developmental disabilities.
(3) The evaluation shall analyze the array of services and programs existing in Nebraska for persons with developmental disabilities and address potential areas for improvement with an emphasis on maximizing impact, effectiveness, and cost-efficiencies. The evaluation shall consider: (a) Services offered and provided by the state through the medicaid state plan or by current medicaid waivers; (b) services offered by other states through medicaid state plans, medicaid waivers, or other mechanisms; and (c) any other areas which may be beneficial to the state in the assessment of its developmental disabilities services.
(4) The consultant shall electronically deliver a report detailing the findings and recommendations of the consultant to the Governor, the Department of Health and Human Services, the chairperson of the Health and Human Services Committee of the Legislature, and the Clerk of the Legislature on or before December 31, 2023.
Source
Laws 2022, LB376, § 8.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-101 - State property; Governor the legal custodian.

84-101.
State property; Governor the legal custodian.
The Governor is constituted the legal custodian of all the property of the state not specially entrusted to other officers by law; and he is authorized and empowered to take summary possession of such property of the state, without any process of law, and to adopt such measures as he may deem proper to preserve it from injury or deterioration.
Source
Laws 1867, § 1, p. 100;
R.S.1913, § 5531;
C.S.1922, § 4827;
C.S.1929, § 84-101;
R.S.1943, § 84-101.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-101.01 - Governor; salary.

84-101.01.
Governor; salary.
Until January 4, 2007, the annual salary of the Governor shall be eighty-five thousand dollars. Commencing January 4, 2007, the annual salary of the Governor shall be one hundred five thousand dollars. Such salary shall be payable in equal monthly installments.
Source
Laws 1986, LB 43, § 2;
Laws 1990, LB 503, § 2;
Laws 2000, LB 956, § 2;
Laws 2006, LB 817, § 2.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-102 - Executive officers; duty to report to Governor.

84-102.
Executive officers; duty to report to Governor.
It shall be the duty of the several officers of the executive department to make a written report to the Governor of the public business entrusted to their charge, whenever required by him so to do.
Source
Laws 1867, § 2, p. 101;
R.S.1913, § 5532;
C.S.1922, § 4828;
C.S.1929, § 84-103;
R.S.1943, § 84-102.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-103 - Civil officers; commissions; issuance by Governor.

84-103.
Civil officers; commissions; issuance by Governor.
All commissions to civil officers in this state shall be issued and signed by the Governor, and countersigned by the Secretary of State, and a record thereof kept in the office of the Secretary of State.
Source
Laws 1867, § 3, p. 101;
R.S.1913, § 5533;
C.S.1922, § 4829;
C.S.1929, § 84-104;
R.S.1943, § 84-103.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-104 - Thanksgiving Day; proclamation by Governor.

84-104.
Thanksgiving Day; proclamation by Governor.
The Governor shall by proclamation set apart the fourth Thursday in each November as a day of solemn and public thanksgiving to Almighty God for His blessings to us as a state and nation, and no business shall be transacted on that day at any department of state.
Source
Laws 1867, § 6, p. 101;
R.S.1913, § 5534;
C.S.1922, § 4830;
C.S.1929, § 84-105;
Laws 1941, c. 187, § 2, p. 756;
C.S.Supp.,1941, § 84-105;
R.S.1943, § 84-104;
Laws 1945, c. 252, § 2, p. 789.
Cross References
Other sections bearing on holidays, see sections 25-2221, 62-301, 81-113, and 84-1001.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-104.01 - Veterans Day; proclamation by Governor; prohibition of transaction of business by state departments; manner of observance.

84-104.01.
Veterans Day; proclamation by Governor; prohibition of transaction of business by state departments; manner of observance.
The Governor shall issue his proclamation each year designating Veterans Day and calling upon the public schools and citizens of Nebraska to observe such day as a patriotic day. Veterans Day shall be November 11, annually, unless such date falls on Saturday or Sunday, in which event the Governor may declare the preceding Friday or the following Monday as Veterans Day. No business shall be transacted on that day at any department of the State of Nebraska, except for necessary maintenance, highway construction inspection or in case of emergency. In pursuance to such proclamation, suitable exercises having reference to the wars and military campaigns of the United States, of Nebraska's role therein, and honoring the veterans of such wars and campaigns may be held in all schools of the state, both public and private.
Source
Laws 1957, c. 392, § 1, p. 1056;
Laws 1961, c. 448, § 1, p. 1373;
Laws 1969, c. 844, § 3, p. 3181;
Laws 1973, LB 34, § 3.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-104.02 - Martin Luther King, Jr. Day; manner of observance.

84-104.02.
Martin Luther King, Jr. Day; manner of observance.
January 15 of each year shall be Martin Luther King, Jr. Day, and shall be set apart for holding suitable exercises in the schools of the state in recognition of the sacrifices of the late Martin Luther King, Jr., and his contributions to the betterment of society.
Source
Laws 1978, LB 329, § 1.
Cross References
Legal holiday declared for birthday of Martin Luther King, Jr., see sections 25-2221, 62-301, 81-113, and 84-1001.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-104.03 - Martin Luther King, Jr. Day; proclamation by Governor; commemoration.

84-104.03.
Martin Luther King, Jr. Day; proclamation by Governor; commemoration.
(1) The Governor shall, prior to January 15 of each year, issue a proclamation inviting and urging the people of the State of Nebraska to observe Martin Luther King, Jr. Day in schools and other suitable places with appropriate ceremony and fellowship.
(2) The State Department of Education is directed to make, within the limits of funds available for such purpose, information available to the schools and all people of this state regarding Martin Luther King, Jr. Day and the observance thereof.
Source
Laws 1978, LB 329, § 2.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-104.04 - George W. Norris Day; manner of observance.

84-104.04.
George W. Norris Day; manner of observance.
January 5 of each year shall be designated as George W. Norris Day, and shall be set apart for holding suitable exercises in the schools of the state in recognition of the many great benefits bestowed upon the people of the State of Nebraska and the United States as a whole, due in large part to the influence of George W. Norris. Such benefits include: (1) Establishment of a nonpartisan unicameral legislative body for the State of Nebraska; (2) establishment of the Tennessee Valley Authority; (3) the development of electricity in the rural areas of the nation; (4) passage of the twentieth amendment to the United States Constitution, commonly known as the lame duck amendment; and (5) the Norris-La Guardia Act which outlawed yellow-dog contracts and was a great boon to working men and women across the nation.
Source
Laws 1981, LB 18, § 1.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-104.05 - George W. Norris Day; proclamation by Governor; commemoration.

84-104.05.
George W. Norris Day; proclamation by Governor; commemoration.
The Governor of the State of Nebraska shall issue a proclamation calling upon the officials of state government and subdivisions thereof to display the flags of the United States and Nebraska on all public buildings on January 5 of each year and inviting the people of the State of Nebraska to observe the day in schools and other suitable places with appropriate ceremonies in commemoration of the life's work and contributions of George W. Norris.
Source
Laws 1981, LB 18, § 2.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-104.06 - American Indian Day; legislative findings.

84-104.06.
American Indian Day; legislative findings.
The Legislature finds that American Indians were the first residents of the State of Nebraska. The Legislature further finds that these residents have made advances to the growth and development of the United States, the State of Nebraska, and their local communities, first through history and now through human and natural resources. The Legislature also finds that American Indians have made significant contributions and will continue to make contributions to the development of business, industry, education, the arts, and other areas which have made this country and this state a good place in which to live. The Legislature also finds that many of these contributions are unknown and unrecognized by many Nebraska citizens.
Source
Laws 1983, LB 90, § 1.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-104.07 - American Indian Day; manner of observance.

84-104.07.
American Indian Day; manner of observance.
It is hereby declared that the fourth Monday in September of each year shall be known in Nebraska as American Indian Day and that on this day schools, clubs, and civic and religious organizations shall be encouraged to recognize the contributions of American Indians with suitable ceremony and fellowship designed to promote greater understanding and brotherhood between American Indians and the non-Indian people of the State of Nebraska.
Source
Laws 1983, LB 90, § 2.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-104.08 - American Indian Day; proclamation by Governor; commemoration.

84-104.08.
American Indian Day; proclamation by Governor; commemoration.
(1) The Governor shall, prior to the fourth Monday in September of each year, issue a proclamation inviting and urging the people of the State of Nebraska to observe American Indian Day with suitable ceremony and fellowship.
(2) The State Department of Education and the Commission on Indian Affairs shall make, within the limits of funds available for such purpose, information available to all people of this state regarding American Indian Day and the observance thereof.
Source
Laws 1983, LB 90, § 3.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-104.09 - Workers Memorial Day; proclamation by Governor; commemoration.

84-104.09.
Workers Memorial Day; proclamation by Governor; commemoration.
The Governor shall annually proclaim April 28 as Workers Memorial Day in remembrance of the courage and integrity of American workers. The Governor shall recommend that Workers Memorial Day be observed in an appropriate manner.
Source
Laws 1991, LB 199, § 1.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-106 - Superintendent of Law Enforcement and Public Safety; deputies; appointment by Governor; bond or insurance; powers; actions against, where brought.

84-106.
Superintendent of Law Enforcement and Public Safety; deputies; appointment by Governor; bond or insurance; powers; actions against, where brought.
The Governor is authorized to call to his or her assistance and to appoint persons necessary to assist the Superintendent of Law Enforcement and Public Safety to enforce the criminal laws. The superintendent and his or her assistants, who shall be designated deputy state sheriffs, shall qualify by taking and filing an oath in writing. Such persons shall be bonded or insured as required by section 11-201. The premiums may be paid for out of appropriations made to the state offices, departments, commissions, or other agencies to which such deputy state sheriffs are assigned. No deputy state sheriffs shall be assigned to the Department of Correctional Services. The superintendent and his or her assistants shall have the same powers in each of the counties of the state as the sheriffs have in their respective counties, insofar as the enforcement of the criminal laws is concerned. An action against the superintendent or any of his or her assistants for an act done by them or either of them by virtue of or under color of their offices respectively, or for any neglect of their official duties, shall be brought in Lancaster County, Nebraska, or in the county where the cause of action or some part thereof arose.
Source
Laws 1919, c. 173, § 1, p. 384;
C.S.1922, § 4832;
Laws 1927, c. 157, § 1, p. 419;
C.S.1929, § 84-107;
Laws 1941, c. 176, § 14, p. 694;
C.S.Supp.,1941, § 84-107;
R.S.1943, § 84-106;
Laws 1961, c. 449, § 1, p. 1374;
Laws 1978, LB 653, § 37;
Laws 2004, LB 884, § 47;
Laws 2006, LB 757, § 1.
Cross References
Superintendent designated as chief officer of the Nebraska State Patrol, see section 81-2001.
Annotations
A deputized railroad security officer is constrained by the Fourth Amendment like any sheriff or police officer. State v. Claus, 8 Neb. App. 430, 594 N.W.2d 685 (1999).
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-107 - State Day; observance; commemoration; proclamation.

84-107.
State Day; observance; commemoration; proclamation.
The Governor shall annually issue his proclamation designating State Day and calling upon the public schools and citizens of Nebraska to observe said day as a patriotic day. State Day shall be on March 1, annually, unless such day falls on Saturday or Sunday, in which event the Governor may declare the preceding Friday or the following Monday as State Day. In pursuance to said proclamation of the Governor, suitable exercises, having reference to Nebraska pioneers, Nebraska's natural resources, its history, and the event of the admission of Nebraska as a state to the Union, may be held in all schools of the state, both public and private.
Source
Laws 1931, c. 154, § 1, p. 413;
C.S.Supp.,1941, § 84-109;
R.S.1943, § 84-107.