reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-2011 - Activities within corridor; limitations.

72-2011.
Activities within corridor; limitations.
(1) Any state or state-assisted activity or undertaking proposed within the Niobrara scenic river corridor shall be consistent with the purpose of the scenic river designation, including the scenic river's free-flowing condition and scenic, geological, biological, agricultural, historic, and prehistoric resources.
(2) The head of any state or local agency having direct or indirect jurisdiction over a proposed state or state-assisted undertaking within the Niobrara scenic river corridor and the head of any agency having authority to license or permit any undertaking in such area shall prepare a detailed proposal and submit it to the Niobrara Council for its review.
(3) The council shall review the proposal and consult with the agency. The council has ninety days after the date that the proposal is received to make a determination of whether or not the proposed action is consistent with the purposes of this section. If the council determines that the proposal is not consistent with the purposes of this section, the council shall so notify the agency and the agency shall not proceed with the action until after a justification for the action has been submitted to the Governor and approved by the Governor in writing. The justification shall include the following elements: The anticipated current, future, and cumulative effects on the scenic and natural resources of the designated scenic river corridor; the social and economic necessity for the proposed action; all possible alternatives to the proposed action including a no-action alternative; the comparative benefits of proposed alternative actions; and the mitigation measures outlined in the proposed action.
Source
Laws 2000, LB 1234, § 7;
Laws 2002, LB 1003, § 46.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-2012 - Niobrara Council; zoning jurisdiction.

72-2012.
Niobrara Council; zoning jurisdiction.
The Niobrara Council shall not have zoning jurisdiction outside the boundaries of the Niobrara scenic river corridor.
Source
Laws 2000, LB 1234, § 8.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-2101 - Governor's Residence Advisory Commission; created; duties.

72-2101.
Governor's Residence Advisory Commission; created; duties.
The Governor's Residence Advisory Commission is created. The commission shall conduct an annual inspection of the Governor's residence. A report on the inspection shall be submitted to the Governor within thirty days after the day of the inspection. The report shall include recommendations for major maintenance or repair projects, if needed. Implementation and priority of an approved major maintenance or repair project shall be determined by the Governor in cooperation with the Director of Administrative Services. Additionally, no changes, additions, deletions, or other alterations to the residence, including its exterior, interior, decorative objects, contents, or grounds shall be made without the prior approval of the commission, except for the Governor's private living quarters located on the second floor of the residence.
Source
Laws 1998, LB 1129, § 28;
Laws 2009, LB207, § 1.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-2102 - Governor's Residence Advisory Commission; members.

72-2102.
Governor's Residence Advisory Commission; members.
The Governor's Residence Advisory Commission consists of the following members: (1) The Governor's spouse; (2) the Director of Administrative Services or his or her designee; (3) the administrator of the Task Force for Building Renewal; (4) six at-large members, two from each congressional district, with no more than three of the six members being from the same political party; (5) the Director of the Nebraska State Historical Society; and (6) a current professional member of the American Society of Interior Designers. The Governor's spouse is designated the chairperson of the Governor's Residence Advisory Commission. If the Governor is unmarried or the Governor's spouse is unable to fulfill his or her duties on the commission, the Governor shall appoint an at-large member to fill that seat on the commission. The at-large member shall have the same duties as the Governor's spouse would have had. The Director of Administrative Services or his or her designee is designated the vice-chairperson of the commission. The administrator of the Task Force for Building Renewal is designated the secretary of the commission and is responsible for the submission of the annual report and any other reports or correspondence from the commission.
Source
Laws 1998, LB 1129, § 29.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-2103 - Commission members; expenses.

72-2103.
Commission members; expenses.
The members of the Governor's Residence Advisory Commission shall serve without compensation. The members shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177.
Source
Laws 1998, LB 1129, § 30;
Laws 2020, LB381, § 81.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-2104 - Commission members; terms; vacancies.

72-2104.
Commission members; terms; vacancies.
The Governor's spouse shall remain on the Governor's Residence Advisory Commission as chairperson during the time his or her spouse is Governor, but in the case of an at-large member appointed in place of the Governor's spouse, the at-large member shall serve at the pleasure of the Governor. The agency directors and task force administrator on the commission shall serve as long as such persons hold those positions. The remaining members of the commission shall serve four-year terms, subject to removal by the Governor for cause. Vacancies on the commission caused by the death, removal, or resignation of a member shall be filled by the Governor for the remainder of the unexpired term.
Source
Laws 1998, LB 1129, § 31.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-2105 - Commission; meetings; quorum.

72-2105.
Commission; meetings; quorum.
The Governor's Residence Advisory Commission shall meet at the direction of the chairperson of the commission. At least one meeting shall be held after the annual inspection. A simple majority of the commission shall constitute a quorum for the transaction of business.
Source
Laws 1998, LB 1129, § 32;
Laws 2009, LB207, § 2.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-2201 - Act, how cited.

72-2201.
Act, how cited.
Sections 72-2201 to 72-2216 shall be known and may be cited as the Nebraska State Capitol Preservation and Restoration Act.
Source
Laws 2004, LB 439, § 1;
Laws 2005, LB 684, § 1;
Laws 2020, LB848, § 10;
Laws 2023, LB818, § 17.
Effective Date: May 25, 2023
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-2202 - Legislative intent.

72-2202.
Legislative intent.
(1) In 1919, the Nebraska State Capitol Commission began the search for an architect to design a new State Capitol to replace the existing structure in Lincoln. New York architect Bertram Grosvenor Goodhue was selected as the chief architect, and construction began in April 1922. During the ten-year construction period, the Nebraska State Capitol Commission, comprised at that time of the Governor, the State Engineer, and three appointed members, oversaw the building's construction, with the final phase completed in 1932. The final cost of construction was nine million eight hundred thousand dollars.
(2) Considered one of the world's greatest architectural achievements, the Nebraska State Capitol contains all three branches of government and is an inspiring monument for all Nebraskans. No other building in the State of Nebraska is as recognized and open to all Nebraskans as the State Capitol.
(3) Because of the history and unique beauty of the State Capitol, it is the intent of the Legislature that the Office of the Nebraska Capitol Commission, created pursuant to the Nebraska State Capitol Preservation and Restoration Act, provide the highest quality preservation, restoration, and enhancement of and long-term planning for the State Capitol and capitol grounds for the perpetual use by state government and the enjoyment of all persons.
Source
Laws 2004, LB 439, § 2.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-2203 - Terms, defined.

72-2203.
Terms, defined.
For purposes of the Nebraska State Capitol Preservation and Restoration Act:
(1) Administrator means the State Capitol Administrator;
(2) Commission means the Nebraska Capitol Commission; and
(3) Office means the Office of the Nebraska Capitol Commission.
Source
Laws 2004, LB 439, § 3.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-2204 - Office of the Nebraska Capitol Commission; established; State Capitol Administrator; appointment.

72-2204.
Office of the Nebraska Capitol Commission; established; State Capitol Administrator; appointment.
The Nebraska Capitol Commission shall be the custodian of the State Capitol and capitol grounds. To aid in these duties, the Office of the Nebraska Capitol Commission is established under the Nebraska Capitol Commission. The State Capitol Administrator shall be the head of the office and shall be recommended by the commission and appointed by the Governor. The compensation of the administrator shall be established by the Governor, subject to availability of appropriations. For administrative and budgetary purposes, the office shall be housed within the Department of Administrative Services, which department shall provide all of the accounting, personnel, information management, and communication support services for the office. The office and all staff shall be physically located in the State Capitol. All administration and budgetary decisions for the office shall be made by the administrator.
Source
Laws 2004, LB 439, § 4.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-2205 - Administrator; powers and duties.

72-2205.
Administrator; powers and duties.
(1) The administrator shall have the authority to develop, produce, and distribute books, brochures, pictures, slides, postcards, and other informational or promotional material concerning the State Capitol. The administrator shall have control over money received from the distribution of such material and from private or public donations. Such proceeds and donations shall be remitted to the State Treasurer for credit to the Capitol Restoration Cash Fund.
(2) The administrator, after receiving advice from the commission, is authorized to provide facilities for restaurants, cafeterias, or other services and newsstands for convenience of state officers and employees in the State Capitol when such space is not needed for public use. Proceeds from the operations and rental of such facilities shall be remitted to the State Treasurer for credit to the Capitol Restoration Cash Fund.
(3) The administrator, after receiving advice from the commission, is authorized to lease, rent, or permit for use as apartments, dwellings, or offices any or all of the property acquired for future building needs for the State Capitol and capitol grounds, except that all leases shall contain the provision that upon notice that such property is needed for public use, the use or occupancy thereof shall cease. All money received as rent from such property shall be remitted to the State Treasurer for credit to the Capitol Restoration Cash Fund and, with interest accrued, be designated as prescribed in section 72-2211.
(4) The administrator shall see that all parts and apartments of the State Capitol and capitol grounds are properly ventilated and kept clean and orderly.
(5) The administrator shall acquire a flag of the United States of America of suitable and convenient size. The colors of the flag shall be fast colors, and the cloth shall be of substantial material. The administrator shall display this flag and the Nebraska State Flag of similar specifications prominently on State Capitol grounds.
(6) The administrator shall ensure that, at proper hours, all visitors are properly escorted through the State Capitol and over the capitol grounds, free of expense.
(7) The administrator shall at all times have charge of and supervision over janitors and other employees in and about the State Capitol and capitol grounds.
(8) The administrator shall institute, in the name of the state and with the advice of the Attorney General, civil and criminal proceedings against any person for injury or threatened injury to any public property in the State Capitol or on the capitol grounds or for committing or threatening to commit a nuisance therein or thereon.
(9) The administrator shall keep in his or her office a complete record containing plans, specifications, and surveys of the State Capitol and capitol grounds and of underground construction thereto.
Source
Laws 2004, LB 439, § 5.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-2205.01 - Administrator; additional services; authorized.

72-2205.01.
Administrator; additional services; authorized.
The administrator, with the approval of the commission, may enter into agreements to provide additional facility-related maintenance, renovation, and operation services requested by agencies housed in the State Capitol. The charges collected from such agencies shall be placed in the Capitol Commission Revolving Fund. The administrator shall make payments for the costs associated with such additional services from the Capitol Commission Revolving Fund.
Source
Laws 2005, LB 684, § 2.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-2206 - Administrator; qualifications.

72-2206.
Administrator; qualifications.
The administrator shall have (1) a bachelor's degree or higher degree in architecture from an accredited college or university and (2) at least five years of administrative experience in historic preservation and planning, design, and construction of major construction projects.
Source
Laws 2004, LB 439, § 6.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-2207 - Administrator; bond or insurance.

72-2207.
Administrator; bond or insurance.
Before entering upon the discharge of the duties of his or her office, the administrator shall be bonded or insured as required by section 11-201. The premium shall be paid by the state.
Source
Laws 2004, LB 439, § 7.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-2209 - Administrator; personnel; materiel; duties.

72-2209.
Administrator; personnel; materiel; duties.
The administrator, with the advice of the commission, shall employ all assistants, architects, engineers, janitors, custodians, and caretakers necessary for the efficient and economical discharge of the duties imposed by the Nebraska State Capitol Preservation and Restoration Act. All such employees, except for the administrator, shall be included within the State Personnel System. The administrator shall purchase, through the materiel division of the Department of Administrative Services, such supplies, material, and equipment as may be necessary for the proper maintenance of the State Capitol and capitol grounds. The total expenditures for such purposes shall not exceed the appropriations made therefor.
Source
Laws 2004, LB 439, § 9.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-2210 - Office; facilities planning, construction, and administration; powers and duties.

72-2210.
Office; facilities planning, construction, and administration; powers and duties.
(1) The office shall have the primary functions and responsibilities of facilities planning, facilities construction, and facilities administration for the State Capitol and capitol grounds and may adopt and promulgate rules and regulations to carry out the provisions of this section and subsection (1) of section 81-1108.38.
(2) Facilities planning includes the following responsibilities and duties:
(a) To maintain utilization records of the State Capitol and capitol grounds;
(b) To define and review program statements based on space utilization standards;
(c) To prepare and review planning and construction documents;
(d) To develop and maintain time-cost schedules for capital construction projects;
(e) To prepare annually a long-range plan for the commission, listing the maintenance needed for the interior and exterior of the State Capitol; and
(f) To assist the commission, the budget division of the Department of Administrative Services, and the Legislative Fiscal Analyst in preparing budget recommendations.
(3) Facilities construction includes the following powers and duties:
(a) To maintain close contact with and inspections of each project for the State Capitol and capitol grounds so as to assure execution of the highest quality work product, time-cost schedules, and efficient contract performance;
(b) To perform final acceptance inspections and evaluations; and
(c) To coordinate all modifications or change orders and progress payment orders.
(4) Facilities administration includes the following powers and duties:
(a) To provide or assure adequate administration and preservation maintenance of, repairs to, and custodial duties for the State Capitol and capitol grounds;
(b) To be responsible for all maintenance, repairs, and custodial duties necessary to preserve properly and maintain the State Capitol and capitol grounds;
(c) To report to the commission quarterly, or as prescribed by the commission, the time-cost data on State Capitol construction projects;
(d) To be responsible for parking on the capitol grounds; and
(e) To submit to the commission a final report on each State Capitol project. The report shall include, but not be limited to, a comparison of final costs and appropriations made for the project, change orders, and modifications, and a conclusion as to whether the construction complied with the related approved project purpose and program statement. Such report shall be required on all projects costing fifty thousand dollars or more and any other projects designated by the commission.
Source
Laws 2004, LB 439, § 10.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-2211 - Capitol Restoration Cash Fund; created; use; investment.

72-2211.
Capitol Restoration Cash Fund; created; use; investment.
(1) The Capitol Restoration Cash Fund is created. The administrator shall administer the fund, which shall consist of money received from the sale of material, rental revenue, private donations, public donations, transfers from the Capitol Preservation, Restoration, and Enhancement Endowment Fund, and transfers from the Nebraska Capital Construction Fund as directed by the Legislature.
(2)(a) The Capitol Restoration Cash Fund shall be used to finance projects for the restoration, preservation, and enhancement of the State Capitol and its courtyards and grounds, to purchase and conserve items to be added to the Nebraska Capitol Collections housed in the State Capitol, to produce promotional material concerning the State Capitol, its grounds, and the Nebraska State Capitol Environs District, and to pay the expenditures for a project manager for the Capitol Heating, Ventilation, and Air Conditioning Systems Replacement Project until such time as the project is completed, except that transfers may be made from the fund to the General Fund at the direction of the Legislature. Such expenditures shall be prescribed by the administrator and approved by the commission.
(b) Money transferred to the fund from the Capitol Preservation, Restoration, and Enhancement Endowment Fund shall only be used for the restoration, preservation, and enhancement of the courtyards located at the State Capitol.
(3) Any money in the Capitol Restoration 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.
Source
Laws 2004, LB 439, § 11;
Laws 2009, First Spec. Sess., LB3, § 50;
Laws 2017, LB331, § 40;
Laws 2023, LB818, § 18.
Effective Date: May 25, 2023
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-2211.01 - Capitol Commission Revolving Fund; created; use; investment.

72-2211.01.
Capitol Commission Revolving Fund; created; use; investment.
The Capitol Commission Revolving Fund is created. The administrator shall administer the fund. The fund shall consist of receipts collected pursuant to agreements between the commission and other entities as provided by law. The fund shall be used to support the operations of the commission. Any money in the Capitol Commission Revolving Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 2005, LB 684, § 3.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-2212 - Motor vehicle parking; rules and regulations; enforcement.

72-2212.
Motor vehicle parking; rules and regulations; enforcement.
To promote the public safety and welfare, the State Building Administrator, in consultation with the State Capitol Administrator, shall adopt and promulgate rules and regulations governing motor vehicle parking on the approaches to the State Capitol. Such rules and regulations may limit, restrict, or prohibit parking thereon. Notwithstanding the provisions of the Administrative Procedure Act, such rules and regulations shall become effective upon posting notice of the same on or about the premises to be regulated. If any vehicle is found upon any regulated premises in violation of this section, or the rules and regulations adopted pursuant thereto, and the driver cannot be determined, the owner or person in whose name such vehicle is registered shall be held responsible for such violation.
Source
Laws 2004, LB 439, § 12.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-2213 - Office space; determination of use; maintenance of building.

72-2213.
Office space; determination of use; maintenance of building.
(1) The office space in the State Capitol or any other state office building occupied by the Governor, Lieutenant Governor, Secretary of State, State Treasurer, Attorney General, Auditor of Public Accounts, or Chief Justice and judges of the Supreme Court and Court of Appeals, including the office of the Clerk of the Supreme Court and courtrooms, shall remain under the control of such constitutional officer or Chief Justice. The Executive Board of the Legislative Council shall determine its office space requirements in the State Capitol and may occupy such office space as it requires except as provided in this subsection.
(2) After the determination by the Executive Board of the Legislative Council pursuant to subsection (1) of this section, the administrator, with the advice of the commission, shall determine the space needs of all other departments and agencies of the state located in the State Capitol and assign the remaining office space. The determination of such needs shall be based on the following considerations: (a) The availability of space within the State Capitol as provided in this section; (b) the desirability of locating all divisions and other organizational subunits of each department and agency of the state in physical proximity to the office of its head; (c) the degree to which the convenience of the public may be served by assignment of various areas within the State Capitol; (d) the interdependence of functions and operating procedures of the various agencies; (e) applicable standards governing office requirements; and (f) the availability of appropriations with which to finance renovations, remodeling, and movement of equipment necessary to accommodate any proposed assignment or reassignment of area.
(3) The office shall have responsibility for provision and replacement of lighting, lighting fixtures, heating, cooling and ventilation, and janitorial, custodial, and all other building services, including care and custody of the State Capitol and capitol grounds, as may now be provided by law.
(4) Responsibility for employment and supervision of custodial workers for areas of the State Capitol occupied by the Legislature, the courts, and executive departments and agencies shall be in accordance with such agreements as may be defined by authorized representatives of the three branches. All funds for improvements, remodeling, renovation, partitioning, or replacement of major fixtures, including carpeting, flooring, provision of drapes, lighting fixtures, and lamps, within any area of the State Capitol shall be at the disposal of the administrator.
Source
Laws 2004, LB 439, § 13.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-2214 - Administrator; policies and guidelines; required.

72-2214.
Administrator; policies and guidelines; required.
The administrator, with the advice of the commission, shall establish policies and guidelines for the implementation of the approved Capitol Landscape Restoration Master Plan on and around the capitol grounds, for site development in and around the State Capitol and capitol grounds, and for use of the State Capitol's preservation and adaptive-use spaces, including the adoption of a document of standards.
Source
Laws 2004, LB 439, § 14.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-2215 - Flags of Indian tribes; display in State Capitol; powers and duties.

72-2215.
Flags of Indian tribes; display in State Capitol; powers and duties.
(1)(a) The Clerk of the Legislature shall cause to be displayed within the Warner Legislative Chamber flags representing the four federally recognized tribes with headquarters in Nebraska: the Omaha Tribe of Nebraska, the Ponca Tribe of Nebraska, the Santee Sioux Nation, and the Winnebago Tribe of Nebraska.
(b) The Commission on Indian Affairs shall obtain such flags, as well as poles and bases, through donations from the tribes. The Commission on Indian Affairs shall be responsible for replacing such flags, poles, and bases.
(c) The Clerk of the Legislature shall approve placement locations within the Warner Legislative Chamber. The size, proportion, and placement of such flags shall be similar to that of the flag of the United States and the flag of the State of Nebraska.
(2)(a) The State Capitol Administrator shall cause to be displayed in the Memorial Chamber on the fourteenth floor of the State Capitol the flags of any Indian tribes with historic and regional connections to Nebraska.
(b) The Commission on Indian Affairs shall designate the tribes with historic and regional connections to Nebraska and the flags to be displayed under subdivision (2)(a) of this section. The Commission on Indian Affairs shall obtain such flags, as well as poles and bases, through donations from the tribes. The Commission on Indian Affairs shall be responsible for replacing such flags, poles, and bases.
(c) The Nebraska Capitol Commission shall approve placement locations in the Memorial Chamber.
Source
Laws 2020, LB848, § 11.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-2216 - Capitol Preservation, Restoration, and Enhancement Endowment Fund; created; use; investment.

72-2216.
Capitol Preservation, Restoration, and Enhancement Endowment Fund; created; use; investment.
(1) The Capitol Preservation, Restoration, and Enhancement Endowment Fund is created. The commission shall administer the fund. The fund shall consist of money transferred to the fund by the Legislature and bequests, donations, gifts, grants, or other money received from any federal or state agency or public or private source for the preservation, restoration, and enhancement of the State Capitol and capitol grounds. Any money accepted by the state for credit to the fund that is subject to conditions shall be held in trust and used subject to such conditions. 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 shall transfer money from the Capitol Preservation, Restoration, and Enhancement Endowment Fund to the Capitol Restoration Cash Fund in amounts and at times as directed by the commission. Money transferred from the Capitol Preservation, Restoration, and Enhancement Endowment Fund in any year shall not exceed four percent of the total balance in the fund as the balance existed on January 1 of the most recent odd-numbered year.
Source
Laws 2023, LB818, § 19.
Effective Date: May 25, 2023
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-2301 - Act, how cited.

72-2301.
Act, how cited.
Sections 72-2301 to 72-2310 shall be known and may be cited as the Public Facilities Construction and Finance Act.
Source
Laws 2005, LB 217, § 1;
Laws 2018, LB1000, § 3.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-2302 - Purpose of act.

72-2302.
Purpose of act.
It is the purpose of the Public Facilities Construction and Finance Act to allow local governmental units which cooperate with other governmental units to issue bonds to finance joint projects which may be serviced by property taxes, regardless of the restrictions on the issuance of debt contained in other statutory provisions, home rule charters, or the limitations in section 77-3442, for the acquisition, construction, financing, operation, and ownership of (1) public buildings and related improvements to real estate, recreational facilities and related improvements, flood control and storm water drainage, and street and road construction and improvements and (2) information technology for libraries operated by counties, municipalities, school districts, educational service units, and community colleges.
Source
Laws 2005, LB 217, § 2.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-2303 - Terms, defined.

72-2303.
Terms, defined.
For purposes of the Public Facilities Construction and Finance Act:
(1) Bond measure means a resolution or ordinance which authorizes bonds to be issued and sold in accordance with the act and which sets the terms of such bonds;
(2) Joint project means a project financed and operated by at least two or more qualified public agencies cooperating as a joint entity or joint public agency for (a) any public building or buildings and related improvements to real estate, including parking facilities, any recreational facilities and related improvements to real estate, any flood control and storm water drainage, and any street and road construction and improvements and related fixtures and (b) any item of hardware or software used in providing for the delivery of information, including the purchasing of upgrades or related improvements to information technology for the operation of libraries operated by counties, municipalities, school districts, educational service units, and community colleges; and
(3) Qualified public agency means any city, village, municipal county, community college, county, educational service unit, rural or suburban fire protection district, hospital district, school district, and sanitary and improvement district.
Source
Laws 2005, LB 217, § 3.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-2305 - Public buildings, recreational facilities, drainage, streets, and roads; bonds; amount authorized.

72-2305.
Public buildings, recreational facilities, drainage, streets, and roads; bonds; amount authorized.
For joint projects described in subdivision (2)(a) of section 72-2303, the principal amount of bonds which may be issued by a qualified public agency under the Public Facilities Construction and Finance Act shall not exceed five million dollars as to the total principal amount of such bonds which may be outstanding at any time, and the annual amounts due by reason of such bonds from each qualified public agency shall not exceed five percent of the restricted funds of the obligated qualified public agency in the year prior to issuance. The principal amount of bonds of qualified public agencies in the aggregate issued for any one such joint project shall not exceed five million dollars.
Source
Laws 2005, LB 217, § 5.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-2306 - Information technology for libraries; bonds; amount authorized.

72-2306.
Information technology for libraries; bonds; amount authorized.
For joint projects described in subdivision (2)(b) of section 72-2303, the principal amount of bonds which may be issued by a qualified public agency under the Public Facilities Construction and Finance Act shall not exceed two hundred fifty thousand dollars for cities of the metropolitan and primary classes, one hundred thousand dollars for counties, cities of the first class, school districts, educational service units, and community colleges, and fifty thousand dollars for cities of the second class and villages, as to the total principal amount of such bonds which may be outstanding at any time, and the annual amounts due by reason of such bonds from each qualified public agency shall not exceed five percent of the restricted funds of the obligated qualified public agency in the year prior to issuance. The principal amount of bonds of a qualified public agency in the aggregate issued for any one such joint project shall not exceed two hundred and fifty thousand dollars for cities of the metropolitan and primary classes and one hundred thousand dollars for counties, cities of the first class, cities of the second class, villages, school districts, educational service units, and community colleges.
Source
Laws 2005, LB 217, § 6.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-2307 - Taxes authorized.

72-2307.
Taxes authorized.
Any qualified public agency which has issued bonds in accordance with the Public Facilities Construction and Finance Act shall levy and collect taxes on all the taxable property within the territory of the qualified public agency, in addition to all other taxes, for the purpose of paying the principal and interest of such bonds as the principal and interest become due. Taxes levied for such purposes shall not be subject to the limitations in section 77-3442. The levying of taxes to pay such bonds for any county shall be subject to the constitutional limitation upon levying taxes by a county.
Source
Laws 2005, LB 217, § 7.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-2308 - Act; how construed; bonds; applicability of other provisions.

72-2308.
Act; how construed; bonds; applicability of other provisions.
The Public Facilities Construction and Finance Act shall be independent of and in addition to any other provisions of the laws of the State of Nebraska or provisions of home rule charters, and bonds may be issued under the act for any purpose authorized in the act even though other provisions of the laws of the State of Nebraska or provisions of home rule charters may provide for the issuance of bonds for the same or similar purposes. The act shall not be considered amendatory of or limited by any other provisions of the laws of the State of Nebraska or provisions of home rule charters, and bonds may be issued under the act without complying with the restrictions or requirements of any other provisions of the laws of the State of Nebraska or without complying with the restrictions or requirements of home rule charters. Nothing in the act shall prohibit or limit the issuance of bonds in accordance with the provisions of other applicable laws of the State of Nebraska or of home rule charters if the governing body determines to issue such bonds under such other laws or charter, or otherwise limit the provisions of any home rule charter.
Source
Laws 2005, LB 217, § 8.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-2309 - Bonds; election; notice.

72-2309.
Bonds; election; notice.
(1) In addition to any other borrowing powers provided for by law, a qualified public agency may issue its negotiable bonds subject to the terms and conditions set forth in the Public Facilities Construction and Finance Act to any joint entity as defined in section 13-803 or to any joint public agency as defined in section 13-2503 in connection with any joint project which is to be owned, operated, or financed by the joint entity or joint public agency for the benefit of the qualified public agency. The bonds may be issued only if the second-largest participant in the joint project has a financial contribution in the joint project of at least twenty-five percent of the debt service. No bonds shall be issued on or after April 18, 2018, until the question has been submitted to the qualified electors of each participating qualified public agency at an election called for that purpose as provided in this section and, within each participating qualified public agency, a majority of the qualified electors voting on the question within the participating qualified public agency voted in favor of issuing the same.
(2) Each participating qualified public agency shall give notice of the election at least fifty days prior to the election. The question of issuing bonds may be submitted at the statewide primary or general election. The election shall be conducted in accordance with the Election Act.
(3) The question of bond issues, when defeated, shall not be resubmitted in substance for a period of six months from and after the date of such election.
Source
Laws 2018, LB1000, § 5.
Cross References
Election Act, see section 32-101.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-2310 - Qualified public agencies; statement; contents; certified under oath.

72-2310.
Qualified public agencies; statement; contents; certified under oath.
Before the issuance of bonds pursuant to the Public Facilities Construction and Finance Act, the qualified public agencies participating in the bond measure shall make a written statement of all proceedings relative to the vote upon the issuance of such bonds and the notice of the election, the manner and time of giving notice, the question submitted, and the result of the canvass of the vote on the proposition pursuant to which it is proposed to issue such bonds, together with a full statement of the taxable valuation and the total bonded indebtedness of the qualified public agencies participating in the bond measure. Such statement shall be certified to under oath.
Source
Laws 2018, LB1000, § 6.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-2401 - Ferguson House Fund; created; use; investment.

72-2401.
Ferguson House Fund; created; use; investment.
The Ferguson House Fund is created. The fund shall be used by the Nebraska Environmental Trust Board only for the operation, administration, maintenance, restoration, and renovation of the Ferguson House and grounds. Revenue credited to the fund may consist of rental or other income related to the Ferguson House as well as gifts, grants, and bequests. 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.
Source
Laws 2005, LB 426, § 8.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-2501 - Nebraska Incentives Fund; created; investment.

72-2501.
Nebraska Incentives Fund; created; investment.
The Nebraska Incentives Fund is created. Transfers may be made from the fund to the General Fund at the direction of the Legislature. Any money in the Nebraska Incentives 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 2008, LB914, § 24;
Laws 2009, First Spec. Sess., LB3, § 51.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 73 - Public Lettings and Contracts › 73-101 - Public lettings; how conducted.

73-101.
Public lettings; how conducted.
Whenever the State of Nebraska, or any department or any agency thereof, any county board, county clerk, county highway superintendent, the mayor and city council or commissioner of any municipality, any entity created pursuant to the Interlocal Cooperation Act or the Joint Public Agency Act, or the officers of any school district, township, or other governmental subdivision, shall advertise for bids in pursuance of any statutes of the State of Nebraska, on any road contract work or any public improvements work, or for supplies, construction, repairs, and improvements, and in all other cases where bids for supplies or work, of any character whatsoever, are received for the various departments and agencies of the state, and other subdivisions and agencies enumerated in this section, they shall fix not only the day upon which such bids shall be returned, received, or opened, as provided by other statutes, but shall also fix the hour at which such bids shall close, or be received or opened, and they shall also provide that such bids shall be immediately and simultaneously opened in the presence of the bidders, or representatives of the bidders, when the hour is reached for the bids to close. If bids are being opened on more than one contract, the officials having in charge the opening of such bids may, if they deem it advisable, award each contract as the bids are opened. Sections 73-101 to 73-106 shall not apply to the State Park System Construction Alternatives Act or sections 39-2808 to 39-2823.
Source
Laws 1923, c. 131, § 1, p. 324;
C.S.1929, § 73-101;
Laws 1935, c. 145, § 1, p. 539;
C.S.Supp.,1941, § 73-101;
R.S.1943, § 73-101;
Laws 1959, c. 181, § 18, p. 662;
Laws 1999, LB 87, § 84;
Laws 2016, LB960, § 28;
Laws 2018, LB775, § 34.
Cross References
Interlocal Cooperation Act, see section 13-801.
Joint Public Agency Act, see section 13-2501.
State Park System Construction Alternatives Act, see section 37-1701.
Annotations
City ordinance requiring payment of minimum wage on public contracts did not implement statute. Philson v. City of Omaha, 167 Neb. 360, 93 N.W.2d 13 (1958).
2023 Nebraska Revised Statutes › Chapter 73 - Public Lettings and Contracts › 73-101.01 - Resident bidder, defined; preference.

73-101.01.
Resident bidder, defined; preference.
When a public contract is to be awarded to the lowest responsible bidder, a resident bidder shall be allowed a preference over a nonresident bidder from a state which gives or requires a preference to bidders from that state. The preference shall be equal to the preference given or required by the state of the nonresident bidder. Resident bidder as used in sections 73-101.01 and 73-101.02 shall mean any person, partnership, foreign or domestic limited liability company, association, or foreign or domestic corporation authorized to engage in business in the State of Nebraska and which has met the residency requirement of the state of the nonresident bidder necessary for receiving the benefit of that state's preference law on the date when any bid for a public contract is first advertised or announced or has had a bona fide establishment for doing business within this state for the length of time established by the state of the nonresident bidder necessary for receiving the benefit of that state's preference law on the date when any bid for a public contract is first advertised or announced. Any contract entered into without compliance with sections 73-101.01 and 73-101.02 shall be null and void.
Source
Laws 1967, c. 471, § 1, p. 1465;
Laws 1993, LB 121, § 462.
2023 Nebraska Revised Statutes › Chapter 73 - Public Lettings and Contracts › 73-101.02 - Resident bidder; preference; exception.

73-101.02.
Resident bidder; preference; exception.
The provisions of section 73-101.01 shall not apply to any contract for any project upon which federal funds would be withheld because of the provisions of sections 73-101.01 and 73-101.02.
Source
Laws 1967, c. 471, § 2, p. 1466.
2023 Nebraska Revised Statutes › Chapter 73 - Public Lettings and Contracts › 73-102 - Fair labor standards; statement of compliance required.

73-102.
Fair labor standards; statement of compliance required.
All governing authorities of the State of Nebraska, and governmental subdivisions thereof, and every person acting as purchasing agent for the State of Nebraska, or any governmental subdivision thereof, shall, in awarding contracts for public works, require all contractors bidding on public works to file with such authority a statement that he is complying with, and will continue to comply with, fair labor standards in the pursuit of his business and in the execution of the contract on which he is bidding. The governing authorities shall also require to be written into each and every contract for public works, in addition to such other provisions as are necessary and prescribed by law, a provision that in the execution of such contract fair labor standards shall be maintained;
Provided,
no agency or department of the State of Nebraska shall make any requirements, because of the provisions of sections 73-101 to 73-104, that will increase the cost to the state of merchandise, materials, supplies or services. This section shall not apply to such governing authorities that prescribe, in the terms of their contracts for public works, provisions governing the hours of labor, rates of pay, and conditions of employment.
Source
Laws 1939, c. 55, § 1, p. 227;
C.S.Supp.,1941, § 73-102;
R.S.1943, § 73-102.
Annotations
Fair Labor Standards Act is a general law of statewide application. Niklaus v. Miller, 159 Neb. 301, 66 N.W.2d 824 (1954).
2023 Nebraska Revised Statutes › Chapter 73 - Public Lettings and Contracts › 73-103 - Fair labor standards; low bidder; disqualification.

73-103.
Fair labor standards; low bidder; disqualification.
A showing in a public hearing by interested parties, to the satisfaction of the awarding authority, that any contractor bidding upon public works, and having filed the statement as required by section 73-102, has not complied with fair labor standards in the pursuit of his business or occupation, shall be the basis for the disqualification of the low bid, in which case the awarding authority shall let the bid to the next lowest responsible bidder.
Source
Laws 1939, c. 55, § 2, p. 227;
C.S.Supp.,1941, § 73-103;
R.S.1943, § 73-103.
Annotations
Lowest money bid may not always constitute lowest responsible bid. Day v. City of Beatrice, 169 Neb. 858, 101 N.W.2d 481 (1960).