reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-602.03 - Taxpayer Transparency Act; terms, defined.

84-602.03.
Taxpayer Transparency Act; terms, defined.
For purposes of the Taxpayer Transparency Act:
(1)(a) Expenditure of state funds means all expenditures of state receipts, whether appropriated or nonappropriated, by a state entity in forms including, but not limited to:
(i) Grants;
(ii) Contracts;
(iii) Subcontracts;
(iv) State aid to political subdivisions;
(v) Tax refunds or credits that may be disclosed pursuant to the Nebraska Advantage Act, the Nebraska Advantage Microenterprise Tax Credit Act, the Nebraska Advantage Research and Development Act, the Nebraska Advantage Rural Development Act, the ImagiNE Nebraska Act, or the Urban Redevelopment Act; and
(vi) Any other disbursement of state receipts by a state entity in the performance of its functions;
(b) Expenditure of state funds includes expenditures authorized by the Board of Regents of the University of Nebraska, the Board of Trustees of the Nebraska State Colleges, or a public corporation pursuant to sections 85-403 to 85-411; and
(c) Expenditure of state funds does not include the transfer of funds between two state entities, payments of state, federal, or other assistance to an individual, or the expenditure of pass-through funds;
(2) Pass-through funds means any funds received by a state entity if the state entity is acting only as an intermediary or custodian with respect to such funds and is obligated to pay or otherwise return such funds to the person entitled thereto;
(3) State entity means (a) any agency, board, commission, or department of the state and (b) any other body created by state statute that includes a person appointed by the Governor, the head of any state agency or department, an employee of the State of Nebraska, or any combination of such persons and that is empowered pursuant to such statute to collect and disburse state receipts; and
(4) State receipts means revenue or other income received by a state entity from tax receipts, fees, charges, interest, or other sources which is (a) used by the state entity to pay the expenses necessary to perform the state entity's functions and (b) reported to the State Treasurer in total amounts by category of income. State receipts does not include pass-through funds.
Source
Laws 2016, LB851, § 3;
Laws 2020, LB1107, § 140;
Laws 2021, LB544, § 35.
Cross References
ImagiNE Nebraska Act, see section 77-6801.
Nebraska Advantage Act, see section 77-5701.
Nebraska Advantage Microenterprise Tax Credit Act, see section 77-5901.
Nebraska Advantage Research and Development Act, see section 77-5801.
Nebraska Advantage Rural Development Act, see section 77-27,187.
Urban Redevelopment Act, see section 77-6901.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-603 - State Treasurer; seal authentication; copies evidence of original.

84-603.
State Treasurer; seal authentication; copies evidence of original.
The State Treasurer shall keep a seal of office for the authentication of all papers, writings and documents required by law to be certified by him, and copies so authenticated and certified, of all papers and documents lawfully deposited in his office, shall be received in evidence the same as the original papers and documents.
Source
R.S.1866, c. 4, § 22, p. 26;
R.S.1913, § 5578;
C.S.1922, § 4882;
C.S.1929, § 84-603;
R.S.1943, § 84-603.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-604 - State Treasurer and Auditor of Public Accounts; records; delivery to successors.

84-604.
State Treasurer and Auditor of Public Accounts; records; delivery to successors.
The Auditor of Public Accounts and the State Treasurer shall severally deliver over to their successors in office all books, papers, records, vouchers, presses and furniture appertaining thereto.
Source
R.S.1866, c. 4, § 27, p. 27;
R.S.1913, § 5579;
C.S.1922, § 4883;
C.S.1929, § 84-604;
R.S.1943, § 84-604.
Annotations
Official records are not conclusive against sureties. State v. Paxton, 65 Neb. 110, 90 N.W. 983 (1902).
Official records are competent and prima facie evidence against State Treasurer's sureties. Paxton v. State, 59 Neb. 460, 81 N.W. 383 (1899).
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-605 - State Treasurer; records; inspection by Legislature; audit.

84-605.
State Treasurer; records; inspection by Legislature; audit.
All the books, papers, letters, and transactions pertaining to the office of State Treasurer shall be open to the inspection of a committee of the Legislature to examine and settle all accounts and to count all money. When the successor of any such treasurer shall be elected and qualified, the Auditor of Public Accounts shall examine and settle all accounts of such treasurer remaining unsettled and give him or her a certified statement showing the balance of money, securities, and effects for which he or she is accountable, and which have been delivered to his or her successor, and report the balance electronically to the Legislature.
Source
R.S.1866, c. 4, § 19, p. 26;
R.S.1913, § 5580;
C.S.1922, § 4884;
C.S.1929, § 84-605;
R.S.1943, § 84-605;
Laws 2012, LB782, § 225.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-606 - State Treasurer; oaths; power to administer.

84-606.
State Treasurer; oaths; power to administer.
The State Treasurer shall have power to administer all oaths required by law, in matters pertaining to the duties of his office.
Source
R.S.1866, c. 4, § 21, p. 26;
R.S.1913, § 5581;
C.S.1922, § 4885;
C.S.1929, § 84-606;
R.S.1943, § 84-606.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-607 - State Treasurer; refusal to pay lawful warrant; penalty.

84-607.
State Treasurer; refusal to pay lawful warrant; penalty.
If the State Treasurer shall willfully refuse or neglect to pay any warrant lawfully drawn upon the treasury, when the money for the payment of the same is in the treasury, he shall forfeit and pay fourfold the amount to be recovered by action against the treasurer and his sureties, on his official bond or otherwise. He shall also suffer such punishment as the law may provide.
Source
R.S.1866, c. 4, § 23, p. 26;
R.S.1913, § 5582;
C.S.1922, § 4886;
C.S.1929, § 84-607;
R.S.1943, § 84-607.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-608 - State Treasurer; deputy; duties; compensation.

84-608.
State Treasurer; deputy; duties; compensation.
The State Treasurer shall have the power to appoint a deputy. The deputy may do and perform, in the absence of the treasurer, all of the acts and duties that he may be authorized to perform by the treasurer, subject to the same restrictions as the treasurer, and the treasurer shall be responsible for all the official acts of his deputy. Such deputy treasurer shall receive a salary of such amount as shall be fixed by the State Treasurer, payable monthly by warrant of the Director of Administrative Services on the State Treasurer.
Source
R.S.1866, c. 4, § 24, p. 26;
Laws 1903, c. 102, § 1, p. 573;
R.S.1913, § 5583;
Laws 1921, c. 107, § 5, p. 380;
C.S.1922, § 4887;
C.S.1929, § 84-608;
R.S.1943, § 84-608;
Laws 1945, c. 254, § 3, p. 794;
Laws 1947, c. 349, § 1, p. 1096;
Laws 1951, c. 338, § 11, p. 1120;
Laws 1953, c. 358, § 2, p. 1136;
Laws 1957, c. 397, § 1, p. 1362;
Laws 1959, c. 451, § 4, p. 1504;
Laws 1963, c. 536, § 3, p. 1682.
Cross References
Bonds and oaths, see Chapter 11.
For other provisions as to deputy state treasurer, see Chapter 84, article 8.
Other compensation prohibited, see section 84-723.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-613 - Cash Reserve Fund; investment; interest.

84-613.
Cash Reserve Fund; investment; interest.
Any money in the Cash Reserve 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. Any interest earned by the fund shall accrue to the General Fund.
Source
Laws 1983, LB 59, § 6;
Laws 1986, LB 870, § 2;
Laws 1987, LB 131, § 2;
Laws 1988, LB 391, § 1;
Laws 1995, LB 7, § 147;
Laws 2004, LB 1090, § 3;
Laws 2006, LB 1131, § 2;
Laws 2006, LB 1256, § 10;
Laws 2007, LB323, § 4;
Laws 2009, LB456, § 4.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-614 - Unreversed transfer; considered encumbrance; when.

84-614.
Unreversed transfer; considered encumbrance; when.
Any transfer of funds made pursuant to subsection (2) of section 84-612 and which has not been reversed as provided in such section shall be considered an encumbrance against the General Fund.
Source
Laws 1983, LB 59, § 9;
Laws 1986, LB 870, § 3.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-615 - Petty cash fund; authorized.

84-615.
Petty cash fund; authorized.
The State Treasurer may establish a petty cash fund of not to exceed one thousand dollars for the purpose of cashing checks for state senators and state employees. The type of checks and the maximum amount for which such checks may be written shall be prescribed by the State Treasurer. Proof of state employment may be required prior to cashing a check.
Source
Laws 1986, LB 599, § 1.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-616 - Judgments and security for debt; authority of State Treasurer to sell and assign.

84-616.
Judgments and security for debt; authority of State Treasurer to sell and assign.
The State Treasurer is authorized to sell, assign, and transfer any judgment held and owned by the state against any person and to sell, assign, and transfer any security in the nature of a mortgage held on behalf of the permanent school fund to any person who will pay the full amount thereof. The sale and assignment shall transfer to and confer upon such purchaser all the rights of the state in such judgment or security.
Source
Laws 1877, § 1, p. 207;
R.S.1913, § 6679;
C.S.1922, § 6216;
C.S.1929, § 77-2605;
R.S.1943, § 77-2405;
R.S.1943, (1986), § 77-2405;
Laws 1989, LB 13, § 1.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-617 - State Treasurer Administrative Fund; created; use; investment; fee schedule.

84-617.
State Treasurer Administrative Fund; created; use; investment; fee schedule.
(1) There is hereby created the State Treasurer Administrative Fund. Funds received by the State Treasurer pursuant to his or her administrative duties shall be credited to the fund. Such funds shall include:
(a) Payments for returned check charges or for electronic payments not accepted;
(b) Payments for wire transfers initiated by the State Treasurer at the request of state agencies;
(c) Payments for copies of cashed state warrants;
(d) Payments for copies, including microfilm, computer disk, or magnetic tape, of listings relating to outstanding state warrants; and
(e) Payments for copies, including microfilm, computer disk, or magnetic tape, of listings of owners of unclaimed property held by the State Treasurer pursuant to the Uniform Disposition of Unclaimed Property Act.
Money in the fund received pursuant to subdivisions (1)(a) through (d) of this section shall be credited to the General Fund quarterly. Money in the State Treasurer Administrative Fund received pursuant to subdivision (1)(e) of this section shall be credited to the Unclaimed Property Cash Fund. The State Treasurer may retain such amount as he or she deems appropriate in the State Treasurer Administrative Fund for purposes of making change for cash payments. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
(2) The State Treasurer may establish a fee schedule for any of the services listed in subsection (1) of this section. The fees shall approximate the cost of providing the service.
Source
Laws 1993, LB 50, § 1;
Laws 1994, LB 1066, § 132;
Laws 2003, LB 354, § 1;
Laws 2008, LB619, § 1.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
Uniform Disposition of Unclaimed Property Act, see section 69-1329.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-617.01 - Returned check or electronic payment not accepted; State Treasurer; state agency; assessment of charge; limitation.

84-617.01.
Returned check or electronic payment not accepted; State Treasurer; state agency; assessment of charge; limitation.
Any time that the State Treasurer assesses a returned check charge or a charge for an electronic payment that is not accepted against a state agency, that agency may assess a charge to the payor of the check or the person who authorized the electronic payment. The charges assessed by the state agency shall be used to make payment to the State Treasurer and to reimburse the state agency for the assessments and any administrative costs incurred by the agency. The charge assessed by the State Treasurer or a state agency shall not exceed thirty dollars. The charge assessed by the State Treasurer shall be credited to the State Treasurer Administrative Fund.
Source
Laws 2008, LB619, § 2.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-618 - Treasury Management Cash Fund; created; use; investment.

84-618.
Treasury Management Cash Fund; created; use; investment.
(1) The Treasury Management Cash Fund is created. A pro rata share of the budget appropriated for the treasury management functions of the State Treasurer and for the administration of the achieving a better life experience program as provided in sections 77-1401 to 77-1409 shall be charged to the income of each fund held in invested cash, and such charges shall be transferred to the Treasury Management Cash Fund. The allocation of charges may be made by any method determined to be reasonably related to actual costs incurred by the State Treasurer in carrying out the treasury management functions under section 84-602 and in carrying out the achieving a better life experience program as provided in sections 77-1401 to 77-1409. Approval of the agencies, boards, and commissions administering these funds shall not be required.
(2) It is the intent of this section to have funds held in invested cash be charged a pro rata share of such expenses when this is not prohibited by statute or the Constitution of Nebraska.
(3) The Treasury Management Cash Fund shall be used for the treasury management functions of the State Treasurer and for the administration of the achieving a better life experience program as provided in sections 77-1401 to 77-1409. To the extent permitted by section 529A as defined in section 77-1401, the fund may receive gifts for administration, operation, and maintenance of a program established under sections 77-1403 to 77-1409.
(4) Transfers may be made from the Treasury Management Cash Fund to the General Fund at the direction of the Legislature. Any money in the Treasury Management Cash 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.
(5) On or before July 5, 2019, or as soon thereafter as possible, the State Treasurer shall transfer eighty-two thousand one hundred sixty-seven dollars from the Treasury Management Cash Fund to the General Fund. On or before July 1, 2020, the State Treasurer shall transfer twenty-seven thousand six hundred eighty-two dollars from the Treasury Management Cash Fund to the General Fund.
Source
Laws 2003, LB 424, § 1;
Laws 2015, LB591, § 15;
Laws 2019, LB186, § 24.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-620 - State Treasurer; debtor of state agency; fees authorized; payment limitations.

84-620.
State Treasurer; debtor of state agency; fees authorized; payment limitations.
(1) The State Treasurer, with state agency approval, may electronically collect a bad debt and a fee from a debtor of the state agency equal to the cost of processing any payments for returned check charges or charges for electronic payments not accepted, except that the fee shall not exceed thirty dollars. The fee shall be remitted to the State Treasurer Administrative Fund.
(2) After the payor has originated two bad debt payments to a state agency in a period of one year, the state agency may refuse to accept future payments by check and may require a money order, cash, a cashier's check, or a certified check for payment.
Source
Laws 2008, LB620, § 2.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-701 - Fiscal year; beginning; end.

84-701.
Fiscal year; beginning; end.
The fiscal year shall commence on July 1 in each year and end on June 30 in each year.
Source
R.S.1866, c. 4, § 28, p. 27;
R.S.1913, § 5584;
Laws 1921, c. 212, § 1, p. 751;
C.S.1922, § 4891;
C.S.1929, § 84-701;
R.S.1943, § 84-701.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-702 - State officers; biennial reports to Clerk of the Legislature.

84-702.
State officers; biennial reports to Clerk of the Legislature.
Each member of the Legislature shall receive an electronic copy of a biennial report required to be submitted by a state officer to the Clerk of the Legislature by making a request for it to the state officer responsible for the report.
Source
Laws 1881, c. 80, § 3, p. 390;
R.S.1913, § 5585;
Laws 1915, c. 100, § 1, p. 243;
C.S.1922, § 4892;
C.S.1929, § 84-702;
R.S.1943, § 84-702;
Laws 1947, c. 344, § 6, p. 1088;
Laws 1955, c. 231, § 23, p. 729;
Laws 1979, LB 322, § 73;
Laws 1981, LB 545, § 49;
Laws 2012, LB782, § 226.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-710 - Fees, proceeds, and money due state; payment to State Treasurer; duty of state officers and department heads; exceptions.

84-710.
Fees, proceeds, and money due state; payment to State Treasurer; duty of state officers and department heads; exceptions.
It shall be unlawful for any executive department, state institution, board, or officer acting under or by virtue of any statute or authority of the state, including the State Racing and Gaming Commission, to receive any fees, proceeds from the sale of any public property, or any money belonging to the state or due for any service rendered by virtue of state authority without paying the same into the state treasury within three business days of the receipt thereof when the aggregate amount is five hundred dollars or more and within seven days of the receipt thereof when the aggregate amount is less than five hundred dollars. The State Treasurer may, upon a written request from an executive department, state institution, board, or officer stating that the applicable time period cannot be met, grant additional time to remit the funds to the state treasury. Funds received by an executive department, state institution, board, or officer for a good or service which may or may not be delivered contingent upon a selection process shall not be subject to this section until the selection period is over.
The provisions of this section and section 84-711 shall not apply to money received as proceeds of any fair, exposition, or exhibition held by any state board or society or of membership contributions to or receipts from miscellaneous sales by the Nebraska State Historical Society.
Such money so paid into the treasury shall be withdrawn therefrom or paid out only upon proper voucher and warrant.
The head of any institution receiving, from any source, funds to be held in trust and expended for the benefit of any inmate thereof shall not be required to pay such trust funds into the state treasury as provided in this section but shall, at the end of each month, file with the Director of Administrative Services a detailed and attested statement of all such money received and expended by him or her.
Source
Laws 1911, c. 132, § 1, p. 442;
R.S.1913, § 5593;
C.S.1922, § 4900;
C.S.1929, § 84-710;
R.S.1943, § 84-710;
Laws 1961, c. 453, § 1, p. 1381;
Laws 1961, c. 418, § 3, p. 1280;
Laws 1984, LB 933, § 19;
Laws 1999, LB 61, § 1;
Laws 2021, LB561, § 49.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-711 - Fees; failure to remit to State Treasurer; penalty.

84-711.
Fees; failure to remit to State Treasurer; penalty.
The failure or refusal of an employee or officer of an executive department, state institution, or board to pay over the public money, or any part thereof, belonging to the state or to account to or to make settlement with the State Treasurer upon demand shall be prima facie evidence of embezzlement, and such person shall be punished, as provided by law, for the embezzlement of public funds.
Source
Laws 1911, c. 132, § 2, p. 443;
R.S.1913, § 5594;
C.S.1922, § 4901;
C.S.1929, § 84-711;
R.S.1943, § 84-711;
Laws 1999, LB 61, § 2.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-712.02 - Public records; claimants before United States Department of Veterans Affairs; certified copies free of charge.

84-712.02.
Public records; claimants before United States Department of Veterans Affairs; certified copies free of charge.
When it is requested by any claimant before the United States Department of Veterans Affairs or his or her agent or attorney that certified copies of any public record be furnished for the proper and effective presentation of any such claim in such department, the officer in charge of such public records shall furnish or cause to be furnished to such claimant or his or her agent or attorney a certified copy thereof free of charge.
Source
Laws 1961, c. 454, § 4, p. 1384;
Laws 1991, LB 2, § 30.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-712.04 - Public records; denial of rights; public body; provide information.

84-712.04.
Public records; denial of rights; public body; provide information.
(1) Any person denied any rights granted by sections 84-712 to 84-712.03 shall receive in written form from the public body which denied the request for records at least the following information:
(a) A description of the contents of the records withheld and a statement of the specific reasons for the denial, correlating specific portions of the records to specific reasons for the denial, including citations to the particular statute and subsection thereof expressly providing the exception under section 84-712.01 relied on as authority for the denial;
(b) The name of the public official or employee responsible for the decision to deny the request; and
(c) Notification to the requester of any administrative or judicial right of review under section 84-712.03.
(2) Each public body shall maintain a file of all letters of denial of requests for records. This file shall be made available to any person on request.
Source
Laws 1979, LB 86, § 4;
Laws 1983, LB 3, § 1.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-712.06 - Public record; portion provided; when.

84-712.06.
Public record; portion provided; when.
Any reasonably segregable public portion of a record shall be provided to the public as a public record upon request after deletion of the portions which may be withheld.
Source
Laws 1979, LB 86, § 6.
Annotations
In order for an agency to carry its burden before the district court, the agency must provide a reasonably detailed justification rather than conclusory statements to support its claim that the nonexempt material in a document is not reasonably segregable. State ex rel. BH Media Group v. Frakes, 305 Neb. 780, 943 N.W.2d 231 (2020).
The withholding of an entire document by an agency is not justifiable simply because some of the material therein is subject to an exemption. Agencies are required to disclose nonexempt portions of a document, unless those nonexempt portions are inextricably intertwined with exempt portions. State ex rel. BH Media Group v. Frakes, 305 Neb. 780, 943 N.W.2d 231 (2020).
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-712.07 - Public records; public access; equitable relief; attorney's fees; costs.

84-712.07.
Public records; public access; equitable relief; attorney's fees; costs.
The provisions of sections 84-712, 84-712.01, 84-712.03 to 84-712.09, and 84-1413 pertaining to the rights of citizens to access to public records may be enforced by equitable relief, whether or not any other remedy is also available. In any case in which the complainant seeking access has substantially prevailed, the court may assess against the public body which had denied access to their records, reasonable attorney fees and other litigation costs reasonably incurred by the complainant.
Source
Laws 1979, LB 86, § 7.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-712.08 - Records; federal government; exception.

84-712.08.
Records; federal government; exception.
If it is determined by any federal department or agency or other federal source of funds, services, or essential information, that any provision of sections 84-712, 84-712.01, 84-712.03 to 84-712.09, and 84-1413 would cause the denial of any funds, services, or essential information from the United States Government which would otherwise definitely be available to an agency of this state, such provision shall be suspended as to such agency, but only to the extent necessary to prevent denial of such funds, services, or essential information.
Source
Laws 1979, LB 86, § 8.
Annotations
Because the Legislature has expressed a strong public policy for disclosure, Nebraska courts must narrowly construe statutory exemptions shielding public records from disclosure. Evertson v. City of Kimball, 278 Neb. 1, 767 N.W.2d 751 (2009).
If a requesting party satisfies its prima facie claim for release of public records under section 84-712.03, the public body opposing disclosure must show by clear and convincing evidence that section 84-712.05 or this section exempts the records from disclosure. Evertson v. City of Kimball, 278 Neb. 1, 767 N.W.2d 751 (2009).
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-712.09 - Violation; penalty.

84-712.09.
Violation; penalty.
Any official who shall violate the provisions of sections 84-712, 84-712.01, and 84-712.03 to 84-712.08 shall be subject to removal or impeachment and in addition shall be deemed guilty of a Class III misdemeanor.
Source
Laws 1979, LB 86, § 10.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-718 - Elective constitutional state officer; status; effect of bond or insurance policy; right of action to establish; consent of state to suit.

84-718.
Elective constitutional state officer; status; effect of bond or insurance policy; right of action to establish; consent of state to suit.
Whenever an issue arises involving the status or other legal relations of an elective constitutional state officer, or the validity, terms, or duration of his or her official bond or equivalent commercial insurance policy, and the issue is within the original jurisdiction of the Supreme Court of Nebraska, such officer is authorized to institute an action in his or her own name in such court for the purpose of determining such issues, and to make the State of Nebraska and any other person, firm, or corporation parties defendant therein. The State of Nebraska consents to be sued in any such action.
Source
Laws 1935, c. 187, §§ 1, 2, p. 693;
C.S.Supp.,1941, §§ 84-727, 84-728;
R.S.1943, § 84-718;
Laws 2004, LB 884, § 52.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-719 - Elective constitutional state officer; status; effect of bond; action to establish; notice and hearing; service.

84-719.
Elective constitutional state officer; status; effect of bond; action to establish; notice and hearing; service.
Upon the filing of a petition, the Supreme Court shall by order fix the time for hearing thereon, which shall be not less than three days nor more than ten days from the filing of the petition. A copy of the order, certified by the clerk of the court, shall be served by the bailiff of the court, or other person appointed by the court for that purpose, upon the defendants in the manner provided for service of a summons in a civil action, not less than two days before said hearing, unless service is waived and voluntary appearance entered.
Source
Laws 1935, c. 187, § 3, p. 693;
C.S.Supp.,1941, § 84-729;
R.S.1943, § 84-719;
Laws 1983, LB 447, § 101.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-720 - Elective constitutional state officer; status; effect of bond; action to establish; notice; service upon Attorney General.

84-720.
Elective constitutional state officer; status; effect of bond; action to establish; notice; service upon Attorney General.
In such action the state hereby enters its voluntary appearance, and notice of hearing shall be served on the Attorney General within the time provided for service on other defendants in said proceedings.
Source
Laws 1935, c. 187, § 4, p. 693;
C.S.Supp.,1941, § 84-730;
R.S.1943, § 84-720.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-721 - Secretary of State; Auditor of Public Accounts; State Treasurer; Lieutenant Governor; salaries.

84-721.
Secretary of State; Auditor of Public Accounts; State Treasurer; Lieutenant Governor; salaries.
Until January 4, 2007, there shall be paid as salaries to certain constitutional officers as follows: Secretary of State, the sum of sixty-five thousand dollars per year; Auditor of Public Accounts, the sum of sixty thousand dollars per year; State Treasurer, the sum of sixty thousand dollars per year; and Lieutenant Governor, the sum of sixty thousand dollars per year. Commencing January 4, 2007, there shall be paid as salaries to certain constitutional officers as follows: Secretary of State, the sum of eighty-five thousand dollars per year; Auditor of Public Accounts, the sum of eighty-five thousand dollars per year; State Treasurer, the sum of eighty-five thousand dollars per year; and Lieutenant Governor, the sum of seventy-five thousand dollars per year. Such salaries shall be payable in equal monthly installments.
Source
Laws 1951, c. 333, § 1, p. 1108;
Laws 1957, c. 397, § 2, p. 1363;
Laws 1959, c. 454, § 1, p. 1508;
Laws 1961, c. 456, § 1, p. 1394;
Laws 1963, c. 538, § 2, p. 1684;
Laws 1963, c. 537, § 1, p. 1683;
Laws 1965, c. 567, § 2, p. 1853;
Laws 1969, c. 834, § 1, p. 3157;
Laws 1969, c. 835, § 1, p. 3158;
Laws 1969, c. 836, § 1, p. 3159;
Laws 1973, LB 246, § 3;
Laws 1978, LB 541, § 2;
Laws 1986, LB 43, § 5;
Laws 1990, LB 503, § 4;
Laws 2000, LB 956, § 4;
Laws 2006, LB 817, § 4.
Cross References
For salaries of other constitutional officers:
Attorney General, see section 84-201.01.
Governor, see section 84-101.01.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-723 - State officers; other compensation from state; prohibition.

84-723.
State officers; other compensation from state; prohibition.
No officer whose salary is fixed by sections 84-608, 84-721, and 84-723 shall receive any compensation from the State of Nebraska other than the salary as fixed by sections 84-608, 84-721, and 84-723.
Source
Laws 1957, c. 397, § 3, p. 1363.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-731 - Governor; duty to implement laws; exceptions; Attorney General; action to implement.

84-731.
Governor; duty to implement laws; exceptions; Attorney General; action to implement.
Pursuant to his constitutional duty to take care that the laws be faithfully executed, whenever it shall come to the attention of the Governor that any agency charged with the implementation of any act of the Legislature is failing to implement such act, he shall immediately in writing order the agency to commence implementation unless (1) the act shall have been held unconstitutional by final judgment of the Supreme Court, (2) the agency shall have been enjoined from implementation by court order, or (3) an action challenging the constitutionality of the act is pending in a court of competent jurisdiction. He shall furnish a copy of such letter to the Attorney General together with a written order to commence or cause to be commenced an action in a court of competent jurisdiction to compel implementation if the agency has not, within ten working days, commenced implementation. It shall be the duty of the Attorney General to comply with such order.
Source
Laws 1978, LB 98, § 1.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-732 - Governor or Attorney General; duty to implement laws; violation; penalty.

84-732.
Governor or Attorney General; duty to implement laws; violation; penalty.
The knowing failure or refusal of either the Governor or Attorney General to perform the duties imposed upon them by section 84-731 shall constitute a misdemeanor in office within the meaning of section 5 of Article IV of the Constitution of Nebraska and render the offender liable to a fine of one hundred dollars and to impeachment.
Source
Laws 1978, LB 98, § 2.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-733 - Advertising or promotional materials; state funds; limitation.

84-733.
Advertising or promotional materials; state funds; limitation.
Beginning January 1 of the year in which the Governor is elected and continuing through the day of the general election during such year, no state funds shall be used for any radio, television, or print media advertising or promotional materials which refer to any one or more of the following state officeholders by name: Governor, Lieutenant Governor, Secretary of State, State Treasurer, Attorney General, or Auditor of Public Accounts.
Source
Laws 2002, LB 1086, § 1.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-801 - State officers; deputies; appointment; bond or insurance.

84-801.
State officers; deputies; appointment; bond or insurance.
The Auditor of Public Accounts, State Treasurer, and State Librarian respectively, may appoint a deputy for whose acts he or she shall be responsible. The appointment shall be in writing and shall be revocable in writing by the principal. The deputy shall be bonded or insured as required by section 11-201. Both the appointment and revocation shall be filed and kept by the principal.
Source
R.S.1866, c. 15, § 1, p. 127;
R.S.1913, § 5735;
C.S.1922, § 5064;
C.S.1929, § 84-801;
R.S.1943, § 84-801;
Laws 1978, LB 653, § 39;
Laws 1990, LB 821, § 52;
Laws 2004, LB 884, § 53.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-802 - Deputies; duties.

84-802.
Deputies; duties.
In the absence or disability of the principal, the deputy shall perform the duties of the principal pertaining to the office, but when the officer is required to act in conjunction with or in place of another officer, the deputy cannot act in the officer's place.
Source
R.S.1866, c. 16, § 2, p. 127;
R.S.1913, § 5736;
C.S.1922, § 5065;
C.S.1929, § 84-802;
R.S.1943, § 84-802;
Laws 1990, LB 821, § 53.
Annotations
When the Tax Commissioner holds factfinding hearings he is not acting as a member of the State Board of Equalization. Therefore, delegation of that duty to his deputy does not violate this section. Box Butte County v. State Board of Equalization and Assessment, 206 Neb. 696, 295 N.W.2d 670 (1980).
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-803 - State officers; appointment as deputy prohibited.

84-803.
State officers; appointment as deputy prohibited.
The Auditor of Public Accounts, State Treasurer, and State Librarian cannot appoint any of the others his or her deputy.
Source
R.S.1866, c. 15, § 3, p. 127;
R.S.1913, § 5737;
C.S.1922, § 5066;
C.S.1929, § 84-803;
R.S.1943, § 84-803;
Laws 1990, LB 821, § 54.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-807 - Deputies; oath.

84-807.
Deputies; oath.
Each deputy shall take the same oath as the principal which shall be endorsed upon and filed with the certificate of appointment.
Source
R.S.1866, c. 15, § 5, p. 127;
R.S.1913, § 5741;
C.S.1922, § 5070;
C.S.1929, § 84-807;
R.S.1943, § 84-807;
Laws 1990, LB 821, § 55.
Annotations
Under prior law no distinction is made between state and county officers under this section. Baker v. State, 112 Neb. 654, 200 N.W. 876 (1924).
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-901.01 - Adoption and promulgation of rules and regulations; time; failure to adopt and promulgate; explanation; contents; hearing by standing committee of the Legislature; effect of legislative changes.

84-901.01.
Adoption and promulgation of rules and regulations; time; failure to adopt and promulgate; explanation; contents; hearing by standing committee of the Legislature; effect of legislative changes.
(1) When legislation is enacted requiring the adoption and promulgation of rules and regulations by an agency, such agency shall adopt and promulgate such rules and regulations within one year after the public hearing required under subsection (2) of section 84-907. Such time shall not include the time necessary for submission of the rules and regulations to the Attorney General pursuant to section 84-905.01 or submission of the rules and regulations to the Governor pursuant to section 84-908. Any agency which does not adopt and promulgate such rules and regulations as required by this section shall, upon request, submit an explanation to the Executive Board of the Legislative Council and the standing committee of the Legislature which has subject matter jurisdiction over the issue involved in the legislation, stating the reasons why it has not adopted such rules and regulations as required by this section, the date by which the agency expects to adopt such rules and regulations, and any suggested statutory changes that may enable the agency to adopt such rules and regulations.
(2) If such agency has not adopted and promulgated such rules and regulations within three years after the operative or effective date of such enacting legislation, the standing committee of the Legislature which has subject matter jurisdiction over the matters included in the legislation shall hold a public hearing to determine the reason that such rules and regulations have not been enacted.
(3) The changes made to the Administrative Procedure Act by Laws 2011, LB617, shall not affect the validity or effectiveness of a rule or regulation adopted prior to May 25, 2011.
(4) The changes made to this section by Laws 2013, LB242, shall apply to legislation enacted before, on, or after September 6, 2013.
Source
Laws 2011, LB617, § 1;
Laws 2012, LB782, § 227;
Laws 2013, LB222, § 42;
Laws 2013, LB242, § 2;
Laws 2018, LB751, § 1.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-901.02 - Legislative findings.

84-901.02.
Legislative findings.
The Legislature finds that:
(1) The regulatory authority given to agencies has a significant impact on the people of the state;
(2) When agencies create substantive standards by which Nebraskans are expected to abide, it is essential that those standards be adopted through the rules and regulations process to enable the public to be aware of the standards and have an opportunity to participate in the approval or repeal process;
(3) Agencies should be encouraged to advise the public of current opinions, interpretations, approaches, and likely courses of action by means of guidance documents; and
(4) Oversight of the regulatory authority over occupations and professions given to agencies is required to ensure respect for the fundamental right of an individual to pursue an occupation.
Source
Laws 2016, LB867, § 3;
Laws 2018, LB299, § 17.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-901.03 - Agency; guidance document; issuance; availability; notice; request to revise or repeal; response; agency publish index.

84-901.03.
Agency; guidance document; issuance; availability; notice; request to revise or repeal; response; agency publish index.
(1) Upon the issuance of a guidance document, an agency shall make such document available at one public location and on the agency’s website. The agency shall also publish on its website an index summarizing the subject matter of all currently applicable rules and regulations and guidance documents. Such agency shall provide the index electronically to the Clerk of the Legislature by December 31 of each year.
(2) An agency shall ensure that the first page of each guidance document includes the following notice: This guidance document is advisory in nature but is binding on an agency until amended by such agency. A guidance document does not include internal procedural documents that only affect the internal operations of the agency and does not impose additional requirements or penalties on regulated parties or include confidential information or rules and regulations made in accordance with the Administrative Procedure Act. If you believe that this guidance document imposes additional requirements or penalties on regulated parties, you may request a review of the document.
(3) A person may request in writing that an agency revise or repeal a guidance document or convert a guidance document into a rule or regulation. No later than sixty calendar days after the agency receives such a request, the agency shall advise the requestor in writing of its decision to (a) revise or repeal the guidance document, (b) initiate a proceeding to consider a revision or repeal of a guidance document, (c) initiate the rulemaking or regulationmaking process to convert the guidance document into a rule or regulation, or (d) deny the request and state the reason for the denial.
(4) All decisions made by an agency under this section shall be made available at one public location and on the agency’s website.
Source
Laws 2016, LB867, § 5;
Laws 2017, LB209, § 2.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-901.04 - Emergency rule or regulation; factors; procedure; duration; renewal; filing; publication.

84-901.04.
Emergency rule or regulation; factors; procedure; duration; renewal; filing; publication.
(1) If an agency determines that the adoption, amendment, or repeal of a rule or regulation is necessitated by an emergency situation, the agency may adopt, amend, or repeal a rule or regulation upon approval of the Governor. Such agency’s request shall be submitted to the Governor in writing and include a justification as to why the emergency rule or regulation is necessary. Factors for the justification shall include:
(a) Imminent peril to the public health, safety, or welfare; or
(b) The unforeseen loss of federal funding for an agency program.
(2) Any agency may use the emergency rule or regulation procedure as provided in this section. However, no agency shall use such procedure to avoid the consequences for failing to timely adopt and promulgate rules and regulations.
(3) Rules and regulations adopted, amended, or repealed under this section shall be exempted from the notice and hearings requirements of section 84-907 and the review process required under section 84-905.01 and shall be valid upon approval of the Governor. An emergency rule or regulation shall remain in effect for a period of ninety calendar days and is renewable once for a period not to exceed ninety calendar days.
(4) Any agency which adopts, amends, or repeals a rule or regulation under this section shall file such rule or regulation with the Secretary of State. The agency shall also publish such rule or regulation on the agency's website.
Source
Laws 2016, LB867, § 6.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-902 - Agency; rules and regulations; certified copies filed with Secretary of State; manner; open to public inspection.

84-902.
Agency; rules and regulations; certified copies filed with Secretary of State; manner; open to public inspection.
(1) Each agency shall file in the office of the Secretary of State a certified copy of the rules and regulations in force and effect in such agency. The Secretary of State shall keep a permanent file of all such rules and regulations. Such file shall be updated and kept current upon receipt of any rules and regulations adopted, amended, or repealed and filed with the Secretary of State as provided in the Administrative Procedure Act and shall be open to public inspection during regular business hours of his or her office. The Secretary of State, in order to maintain and keep such files current, shall be empowered to require new and amended rules and regulations to be filed as complete chapters or sections as directed by the Secretary of State.
(2) Rules and regulations filed with the Secretary of State pursuant to the Administrative Procedure Act shall be filed in the manner and form prescribed by the Secretary of State including electronic filing if so directed by the Secretary of State. The Secretary of State shall issue instructions to all state agencies setting forth the format to be followed by all agencies in submitting rules and regulations to the Secretary of State. Such instructions shall provide for a uniform page size, a generally uniform and clear indexing system, and annotations including designation of enabling legislation and court or agency decisions interpreting the particular rule or regulation. For good cause shown, the Secretary of State may grant exceptions to the uniform page size requirement and the general indexing instructions for any agency.
Source
Laws 1945, c. 255, § 2, p. 795;
Laws 1947, c. 350, § 2, p. 1098;
Laws 1973, LB 134, § 1;
Laws 1974, LB 604, § 1;
Laws 1976, LB 615, § 1;
Laws 1978, LB 44, § 8;
Laws 1986, LB 992, § 2;
Laws 1987, LB 253, § 2;
Laws 2004, LB 915, § 1;
Laws 2016, LB867, § 7.
Annotations
The procedural rules to be applied are those in effect at time of hearing or proceeding, not those in effect when the act or violation is charged to have taken place. Durousseau v. Nebraska State Racing Commission, 194 Neb. 288, 231 N.W.2d 566 (1975).
Where penal provisions of statute are operative independently of rules, failure to file any rules does not bar prosecution. Scherer v. State, 168 Neb. 127, 95 N.W.2d 329 (1959).
Rates of carriers must be filed with Secretary of State as a rule to be valid. Mogis v. Lyman-Richey Sand & Gravel Corp., 90 F.Supp. 251 (D. Neb. 1950).
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-903 - Agency; rules and regulations; publish.

84-903.
Agency; rules and regulations; publish.
Each agency shall cause its rules and regulations to be published in such manner as the agency shall determine to bring, as far as practicable, the existence and scope of the rules and regulations to the attention of all persons affected thereby.
Source
Laws 1945, c. 255, § 3, p. 795;
Laws 1987, LB 253, § 3.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-905 - Agency; rules and regulations; availability required; price.

84-905.
Agency; rules and regulations; availability required; price.
Each agency shall make copies of the rules and regulations in force and effect for such agency available to all interested persons on request, at a price fixed to cover costs of publication and mailing, except that any such agency may furnish the same without charge if funds are available. No rule or regulation shall be effective unless copies thereof are available for distribution by the agency to persons requesting the same.
Source
Laws 1945, c. 255, § 5, p. 795;
Laws 1947, c. 350, § 4, p. 1099;
Laws 1967, c. 618, § 2, p. 2071;
Laws 1969, c. 837, § 2, p. 3161;
Laws 1973, LB 134, § 3;
Laws 1987, LB 253, § 4.